Congressional Record, House — March 10, 2021 (H1196–H1197)
Summary
Congressional Record, House, pages H1196 and H1197, March 10, 2021. The page prints the end of a recorded vote, with NAYS—235 and NOT VOTING—47 lists, and the statement that the motion to adjourn was rejected. Malinowski and Soto state that, had each been present, each would have voted ‘‘nay’’ on rollcall No. 71. Under the heading American Rescue Plan Act of 2021, Yarmuth, pursuant to House Resolution 198, calls up the bill H.R. 1319 with the Senate amendment. The page then prints the Act's table of contents, beginning with Title I, Committee on Agriculture, Nutrition, and Forestry.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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“Congressional Record, House — March 10, 2021 (H1196–H1197).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-03-10-crec-2021-03-10-pt1-pgh1196-1ba2b01e84/
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CORRECTION
H1196 CONGRESSIONAL RECORD — HOUSE March 10, 2021
Kelly (PA) Moore (AL) Smucker Tlaib Velázquez Wexton SEC. 2. TABLE OF CONTENTS.
Kim (CA) Mullin Spartz Tonko Walberg Wild The table of contents for this Act is as follows:
Kustoff Newhouse Steel Torres (CA) Wasserman Williams (GA)
LaHood Nunes Steil Torres (NY) Schultz Sec. 1. Short title.
Wilson (FL)
LaMalfa Obernolte Steube Trahan Waters Sec. 2. Table of contents.
Womack
Lamborn Owens Stewart Underwood Watson Coleman Yarmuth TITLE I—COMMITTEE ON AGRICULTURE,
Latta Palazzo Stivers Vargas Welch NUTRITION, AND FORESTRY
LaTurner Palmer Taylor
Lesko Perry Tenney
NOT VOTING—47 Subtitle A—Agriculture
Loudermilk Pfluger Thompson (PA) Babin Jacobs (NY) Sarbanes Sec. 1001. Food supply chain and agriculture
Lucas Reed Timmons Brown Kinzinger Sewell pandemic response.
Luetkemeyer Reschenthaler Turner Buck Larson (CT) Simpson Sec. 1002. Emergency rural development grants
Malliotakis Rose Upton Burgess Lawrence Soto for rural health care.
Mann Rosendale Valadao Cárdenas Malinowski Speier
Sec. 1003. Pandemic program administration
Massie Rouzer Van Duyne Cartwright Matsui Stefanik
McCarthy Roy Wagner Cheney McCaul Swalwell funds.
McClain Salazar Walorski Costa Meeks Tiffany Sec. 1004. Funding for the USDA Office of In-
McClintock Scalise Waltz Crist Mfume Titus spector General for oversight of
McHenry Schweikert Weber (TX) Doyle, Michael Nehls Trone COVID–19-related programs.
Meuser Scott, Austin Wenstrup F. Norman Van Drew Sec. 1005. Farm loan assistance for socially dis-
Miller (IL) Sessions Williams (TX) Gaetz Omar Veasey advantaged farmers and ranchers.
Miller (WV) Smith (MO) Wilson (SC) Gomez Peters Vela Sec. 1006. USDA assistance and support for so-
Moolenaar Smith (NE) Wittman Gosar Pressley Webster (FL)
Green (TN) Rodgers (WA) Westerman
cially disadvantaged farmers,
Mooney Smith (NJ) Zeldin
Harris Rogers (KY) Young ranchers, forest land owners and
NAYS—235 operators, and groups.
b 1007 Sec. 1007. Use of the Commodity Credit Cor-
Adams Frankel, Lois Mast poration for commodities and as-
Aguilar Fudge McBath Messrs. COOPER, NORCROSS, and
Mrs. LURIA changed their vote from sociated expenses.
Allred Gallagher McCollum
Amodei Gallego McEachin ‘‘yea’’ to ‘‘nay.’’ Subtitle B—Nutrition
Auchincloss Garamendi McGovern Messrs. LUCAS, BUDD, LaMALFA, Sec. 1101. Supplemental nutrition assistance
Axne Garcı́a (IL) McKinley program.
Bacon Garcia (TX) McNerney MULLIN, SALAZAR, and DIAZ-
Banks BALART changed their vote from Sec. 1102. Additional assistance for SNAP on-
Gibbs Meijer
Barragán Golden Meng ‘‘nay’’ to ‘‘yea.’’ line purchasing and technology
Bass Gonzalez (OH) Miller-Meeks improvements.
So the motion to adjourn was re-
Beatty Gonzalez, Moore (UT) Sec. 1103. Additional funding for nutrition as-
Bera Vicente Moore (WI)
jected. sistance programs.
Beyer Gottheimer Morelle The result of the vote was announced Sec. 1104. Commodity supplemental food pro-
Bice (OK) Granger Moulton as above recorded. gram.
Bishop (GA) Green, Al (TX) Mrvan Stated against: Sec. 1105. Improvements to WIC benefits.
Blumenauer Grijalva Murphy (FL) Mr. MALINOWSKI. Mr. Speaker, had I been Sec. 1106. WIC program modernization.
Blunt Rochester Haaland Murphy (NC)
Bonamici Harder (CA) Nadler present, I would have voted ‘‘nay’’ on rollcall Sec. 1107. Meals and supplements reimburse-
Bourdeaux Hastings Napolitano No. 71. ments for individuals who have
Bowman Hayes Neal Mr. SOTO. Mr. Speaker, had I been not attained the age of 25.
Boyle, Brendan Herrera Beutler Neguse present, I would have voted ‘‘nay’’ on rollcall Sec. 1108. Pandemic EBT program.
F. Higgins (LA) Newman TITLE II—COMMITTEE ON HEALTH,
Brownley Higgins (NY) Norcross
No. 71.
MEMBERS RECORDED PURSUANT TO HOUSE EDUCATION, LABOR, AND PENSIONS
Buchanan Himes O’Halleran
Bush Hinson Ocasio-Cortez RESOLUTION 8, 117TH CONGRESS Subtitle A—Education Matters
Bustos Horsford Pallone Allred (Davids (Stanton) (NY)) PART 1—DEPARTMENT OF EDUCATION
Butterfield Houlahan Panetta (KS)) Napolitano
Langevin Sec. 2001. Elementary and Secondary School
Calvert Hoyer Pappas (Correa)
Baird (Walorski) (Lynch) Emergency Relief Fund.
Carbajal Huffman Pascrell Payne
Barragán Lawson (FL) Sec. 2002. Emergency assistance to non-public
Carson Issa Payne (Wasserman
(Beyer) (Evans)
Carter (TX) Jackson Lee Pence Schultz) schools.
Case Jacobs (CA) Perlmutter Bush (Ocasio- Lieu (Beyer)
Pingree (Kuster) Sec. 2003. Higher Education Emergency Relief
Casten Jayapal Phillips Cortez) Lofgren
Cleaver (Davids Porter (Wexton) Fund.
Castor (FL) Jeffries Pingree (Jeffries)
(KS)) Lowenthal
Roybal-Allard Sec. 2004. Maintenance of effort and mainte-
Castro (TX) Johnson (GA) Pocan (Leger
Chu Johnson (LA) Porter Cohen (Beyer) (Beyer) nance of equity.
Fernandez) Sec. 2005. Outlying areas.
Cicilline Johnson (TX) Posey DeFazio (Davids McEachin
Ruiz (Aguilar) Sec. 2006. Gallaudet University.
Clark (MA) Jones Price (NC) (KS)) (Wexton) Rush
Clarke (NY) Joyce (OH) Quigley Fudge (Kaptur) McHenry Sec. 2007. Student aid administration.
(Underwood)
Cleaver Kahele Raskin Grijalva (Garcı́a (Banks) Steube
Sec. 2008. Howard University.
Clyburn Kaptur Rice (NY) (IL)) Meng (Clark (Franklin, C. Sec. 2009. National Technical Institute for the
Cohen Katko Rice (SC) Hastings (MA)) Scott) Deaf.
Connolly Keating Rogers (AL) (Wasserman Moore (WI) Strickland Sec. 2010. Institute of Education Sciences.
Cooper Kelly (IL) Ross Schultz) (Beyer) (DelBene) Sec. 2011. Program administration.
Correa Kelly (MS) Roybal-Allard Johnson (TX) Morelle (Tonko) Thompson (MS) Sec. 2012. Office of Inspector General.
Courtney Khanna Ruiz (Jeffries) (Butterfield)
Craig Kildee Ruppersberger
Moulton (Rice Sec. 2013. Modification of revenue requirements
Kirkpatrick Watson Coleman for proprietary institutions of
Crenshaw Kilmer Rush
Crow Kim (NJ) Rutherford f higher education.
Cuellar Kind Ryan Sec. 2014. Funding for the Individuals with
Curtis Kirkpatrick Sánchez AMERICAN RESCUE PLAN ACT OF Disabilities Education Act.
Davids (KS) Krishnamoorthi Scanlon 2021 PART 2—MISCELLANEOUS
Davis, Danny K. Kuster Schakowsky
Dean Lamb Schiff
Mr. YARMUTH. Mr. Speaker, pursu- Sec. 2021. National Endowment for the Arts.
DeFazio Langevin Schneider ant to House Resolution 198, I call up Sec. 2022. National Endowment for the Human-
DeGette Larsen (WA) Schrader the bill (H.R. 1319) to provide for rec- ities.
DeLauro Lawson (FL) Schrier onciliation pursuant to title II of S. Sec. 2023. Institute of Museum and Library
DelBene Lee (CA) Scott (VA) Services.
Delgado Lee (NV) Scott, David
Con. Res. 5, with the Senate amend-
Demings Leger Fernandez Sherman ment thereto, and ask for its imme- Subtitle B—Labor Matters
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DeSaulnier Levin (CA) Sherrill diate consideration. Sec. 2101. Funding for Department of Labor
Deutch Levin (MI) Sires The Clerk read the title of the bill. worker protection activities.
Dingell Lieu Slotkin The SPEAKER pro tempore. The
Doggett Lofgren Smith (WA) Subtitle C—Human Services and Community
Escobar Long Spanberger Clerk will designate the Senate amend- Supports
Eshoo Lowenthal Stanton ment. Sec. 2201. Child Care and Development Block
Espaillat Luria Stauber Senate amendment: Grant Program.
Evans Lynch Stevens Strike all after the first word and insert
Fitzpatrick Mace Strickland
Sec. 2202. Child Care Stabilization.
Fletcher Maloney, Suozzi
the following: Sec. 2203. Head Start.
Fortenberry Carolyn B. Takano 1. SHORT TITLE. Sec. 2204. Programs for survivors.
Foster Maloney, Sean Thompson (CA) This Act may be cited as the ‘‘American Res- Sec. 2205. Child abuse prevention and treat-
Foxx Manning Thompson (MS) cue Plan Act of 2021’’. ment.
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1197
Sec. 2206. Corporation for National and Com- Sec. 2902. Extended unemployment benefits TITLE VI—COMMITTEE ON ENVIRONMENT
munity Service and the National under the Railroad Unemploy- AND PUBLIC WORKS
Service Trust. ment Insurance Act. Sec. 6001. Economic adjustment assistance.
Subtitle D—Public Health Sec. 2903. Extension of waiver of the 7-day Sec. 6002. Funding for pollution and disparate
Sec. 2301. Funding for COVID–19 vaccine ac- waiting period for benefits under impacts of the COVID–19 pan-
tivities at the Centers for Disease the Railroad Unemployment In- demic.
Control and Prevention. surance Act. Sec. 6003. United States Fish and Wildlife Serv-
Sec. 2302. Funding for vaccine confidence ac- Sec. 2904. Railroad Retirement Board and Of- ice.
tivities. fice of the Inspector General TITLE VII—COMMITTEE ON COMMERCE,
Sec. 2303. Funding for supply chain for funding. SCIENCE, AND TRANSPORTATION
COVID–19 vaccines, therapeutics, Subtitle K—Ratepayer Protection Subtitle A—Transportation and Infrastructure
and medical supplies. Sec. 2911. Funding for LIHEAP.
Sec. 2304. Funding for COVID–19 vaccine, Sec. 7101. Grants to the National Railroad Pas-
Sec. 2912. Funding for water assistance pro- senger Corporation.
therapeutic, and device activities gram.
at the Food and Drug Administra- Sec. 7102. Relief for airports.
Subtitle L—Assistance for Older Americans, Sec. 7103. Emergency FAA Employee Leave
tion.
Sec. 2305. Reduced cost-sharing. Grandfamilies, and Kinship Families Fund.
Sec. 2921. Supporting older americans and their Sec. 7104. Emergency TSA Employee Leave
Subtitle E—Testing Fund.
families.
Sec. 2401. Funding for COVID–19 testing, con-
Sec. 2922. National Technical Assistance Center Subtitle B—Aviation Manufacturing Jobs
tact tracing, and mitigation ac-
on Grandfamilies and Kinship Protection
tivities.
Sec. 2402. Funding for SARS–CoV–2 genomic se- Families. Sec. 7201. Definitions.
quencing and surveillance. TITLE III—COMMITTEE ON BANKING, Sec. 7202. Payroll support program.
Sec. 2403. Funding for global health. HOUSING, AND URBAN AFFAIRS Subtitle C—Airlines
Sec. 2404. Funding for data modernization and Subtitle A—Defense Production Act of 1950 Sec. 7301. Air Transportation Payroll Support
forecasting center. Program Extension.
Sec. 3101. COVID–19 emergency medical sup-
Subtitle F—Public Health Workforce plies enhancement. Subtitle D—Consumer Protection and Commerce
Sec. 2501. Funding for public health workforce. Subtitle B—Housing Provisions Oversight
Sec. 2502. Funding for Medical Reserve Corps.
Sec. 3201. Emergency rental assistance. Sec. 7401. Funding for consumer product safety
Subtitle G—Public Health Investments fund to protect consumers from
Sec. 3202. Emergency housing vouchers.
Sec. 2601. Funding for community health cen- Sec. 3203. Emergency assistance for rural hous- potentially dangerous products
ters and community care. ing. related to COVID–19.
Sec. 2602. Funding for National Health Service Sec. 3204. Housing counseling. Sec. 7402. Funding for E-Rate support for emer-
Corps. Sec. 3205. Homelessness assistance and sup- gency educational connections
Sec. 2603. Funding for Nurse Corps. portive services program. and devices.
Sec. 2604. Funding for teaching health centers Sec. 7403. Funding for Department of Commerce
Sec. 3206. Homeowner Assistance Fund.
that operate graduate medical Inspector General.
Sec. 3207. Relief measures for section 502 and
education. Sec. 7404. Federal Trade Commission funding
504 direct loan borrowers.
Sec. 2605. Funding for family planning. for COVID–19 related work.
Sec. 3208. Fair housing activities.
Subtitle H—Mental Health and Substance Use Subtitle E—Science and Technology
Disorder Subtitle C—Small Business (SSBCI)
Sec. 3301. State Small Business Credit Initia- Sec. 7501. National Institute of Standards and
Sec. 2701. Funding for block grants for commu-
tive. Technology.
nity mental health services. Sec. 7502. National Science Foundation.
Sec. 2702. Funding for block grants for preven- Subtitle D—Public Transportation
tion and treatment of substance Subtitle F—Corporation for Public Broadcasting
Sec. 3401. Federal Transit Administration
abuse. grants. Sec. 7601. Support for the Corporation for Pub-
Sec. 2703. Funding for mental health and sub- lic Broadcasting.
TITLE IV—COMMITTEE ON HOMELAND
stance use disorder training for TITLE VIII—COMMITTEE ON VETERANS’
SECURITY AND GOVERNMENTAL AFFAIRS
health care professionals, para- AFFAIRS
professionals, and public safety Sec. 4001. Emergency Federal Employee Leave
Fund. Sec. 8001. Funding for claims and appeals proc-
officers.
Sec. 4002. Funding for the Government Ac- essing.
Sec. 2704. Funding for education and aware-
countability Office. Sec. 8002. Funding availability for medical care
ness campaign encouraging
Sec. 4003. Pandemic Response Accountability and health needs.
healthy work conditions and use
Committee funding availability. Sec. 8003. Funding for supply chain moderniza-
of mental health and substance
Sec. 4004. Funding for the White House. tion.
use disorder services by health Sec. 8004. Funding for State homes.
care professionals. Sec. 4005. Federal Emergency Management
Agency appropriation. Sec. 8005. Funding for the Department of Vet-
Sec. 2705. Funding for grants for health care
Sec. 4006. Funeral assistance. erans Affairs Office of Inspector
providers to promote mental
Sec. 4007. Emergency food and shelter program General.
health among their health profes- Sec. 8006. Covid–19 veteran rapid retraining as-
sional workforce. funding.
Sec. 4008. Humanitarian relief. sistance program.
Sec. 2706. Funding for community-based fund-
Sec. 4009. Cybersecurity and Infrastructure Se- Sec. 8007. Prohibition on copayments and cost
ing for local substance use dis-
curity Agency. sharing for veterans during emer-
order services.
Sec. 2707. Funding for community-based fund- Sec. 4010. Appropriation for the United States gency relating to COVID–19.
Digital Service. Sec. 8008. Emergency Department of Veterans
ing for local behavioral health
Sec. 4011. Appropriation for the Technology Affairs Employee Leave Fund.
needs.
Sec. 2708. Funding for the National Child Trau- Modernization Fund. TITLE IX—COMMITTEE ON FINANCE
matic Stress Network. Sec. 4012. Appropriation for the Federal Citizen Subtitle A—Crisis Support for Unemployed
Sec. 2709. Funding for Project AWARE. Services Fund. Workers
Sec. 2710. Funding for youth suicide preven- Sec. 4013. AFG and SAFER program funding. PART 1—EXTENSION OF CARES ACT
tion. Sec. 4014. Emergency management performance UNEMPLOYMENT PROVISIONS
Sec. 2711. Funding for behavioral health work- grant funding.
force education and training. Sec. 4015. Extension of reimbursement authority Sec. 9011. Extension of Pandemic Unemploy-
Sec. 2712. Funding for pediatric mental health for Federal contractors. ment Assistance.
care access. Sec. 9012. Extension of emergency unemploy-
Sec. 4016. Eligibility for workers’ compensation
Sec. 2713. Funding for expansion grants for cer- ment relief for governmental enti-
benefits for Federal employees di-
tified community behavioral ties and nonprofit organizations.
agnosed with COVID–19.
health clinics. Sec. 9013. Extension of Federal Pandemic Un-
TITLE V—COMMITTEE ON SMALL employment Compensation.
Subtitle I—Exchange Grant Program BUSINESS AND ENTREPRENEURSHIP Sec. 9014. Extension of full Federal funding of
Sec. 2801. Establishing a grant program for Ex-
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Sec. 5001. Modifications to paycheck protection the first week of compensable reg-
change modernization. program. ular unemployment for States
Subtitle J—Continued Assistance to Rail Sec. 5002. Targeted EIDL advance. with no waiting week.
Workers Sec. 5003. Support for restaurants. Sec. 9015. Extension of emergency State staffing
Sec. 2901. Additional enhanced benefits under Sec. 5004. Community navigator pilot program. flexibility.
the Railroad Unemployment In- Sec. 5005. Shuttered venue operators. Sec. 9016. Extension of pandemic emergency un-
surance Act. Sec. 5006. Direct appropriations. employment compensation.
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H1198 CONGRESSIONAL RECORD — HOUSE March 10, 2021
Sec. 9017. Extension of temporary financing of Sec. 9632. Increase in exclusion for employer- Sec. 9816. Sunset of limit on maximum rebate
short-time compensation pay- provided dependent care assist- amount for single source drugs
ments in States with programs in ance. and innovator multiple source
law. PART 5—CREDITS FOR PAID SICK AND FAMILY drugs.
Sec. 9018. Extension of temporary financing of LEAVE Sec. 9817. Additional support for Medicaid
short-time compensation agree- home and community-based serv-
Sec. 9641. Payroll credits.
ments for States without programs ices during the COVID–19 emer-
Sec. 9642. Credit for sick leave for certain self-
in law. gency.
employed individuals.
PART 2—EXTENSION OF FFCRA Sec. 9818. Funding for State strike teams for
Sec. 9643. Credit for family leave for certain
UNEMPLOYMENT PROVISIONS resident and employee safety in
self-employed individuals.
Sec. 9021. Extension of temporary assistance for nursing facilities.
PART 6—EMPLOYEE RETENTION CREDIT Sec. 9819. Special rule for the period of a de-
States with advances.
Sec. 9022. Extension of full Federal funding of Sec. 9651. Extension of employee retention cred- clared public health emergency re-
extended unemployment com- it. lated to coronavirus.
pensation. PART 7—PREMIUM TAX CREDIT Subtitle K—Children’s Health Insurance
PART 3—DEPARTMENT OF LABOR FUNDING FOR Sec. 9661. Improving affordability by expanding Program
TIMELY, ACCURATE, AND EQUITABLE PAYMENT premium assistance for consumers. Sec. 9821. Mandatory coverage of COVID–19
Sec. 9031. Funding for administration. Sec. 9662. Temporary modification of limitations vaccines and administration and
Sec. 9032. Funding for fraud prevention, equi- on reconciliation of tax credits for treatment under CHIP.
table access, and timely payment coverage under a qualified health Sec. 9822. Modifications to certain coverage
to eligible workers. plan with advance payments of under CHIP for pregnant and
such credit. postpartum women.
PART 4—OTHER PROVISIONS Sec. 9663. Application of premium tax credit in Subtitle L—Medicare
Sec. 9041. Extension of limitation on excess case of individuals receiving un-
business losses of noncorporate Sec. 9831. Floor on the Medicare area wage
employment compensation during
taxpayers. index for hospitals in all-urban
2021.
Sec. 9042. Suspension of tax on portion of un- States.
PART 8—MISCELLANEOUS PROVISIONS Sec. 9832. Secretarial authority to temporarily
employment compensation.
Sec. 9671. Repeal of election to allocate interest, waive or modify application of
Subtitle B—Emergency Assistance to Families
etc. on worldwide basis. certain Medicare requirements
Through Home Visiting Programs
Sec. 9672. Tax treatment of targeted EIDL ad- with respect to ambulance services
Sec. 9101. Emergency assistance to families vances. furnished during certain emer-
through home visiting programs. Sec. 9673. Tax treatment of restaurant revital- gency periods.
Subtitle C—Emergency Assistance to Children ization grants. Sec. 9833. Funding for Office of Inspector Gen-
and Families Sec. 9674. Modification of exceptions for report- eral.
Sec. 9201. Pandemic Emergency Assistance. ing of third party network trans- Subtitle M—Coronavirus State and Local Fiscal
actions. Recovery Funds
Subtitle D—Elder Justice and Support
Sec. 9675. Modification of treatment of student
Guarantee Sec. 9901. Coronavirus State and Local Fiscal
loan forgiveness.
Sec. 9301. Additional funding for aging and dis- Recovery Funds.
Subtitle H—Pensions
ability services programs. Subtitle N—Other Provisions
Sec. 9701. Temporary delay of designation of
Subtitle E—Support to Skilled Nursing Facilities Sec. 9911. Funding for providers relating to
multiemployer plans as in endan-
in Response to COVID–19 COVID–19.
gered, critical, or critical and de-
Sec. 9401. Providing for infection control sup- Sec. 9912. Extension of customs user fees.
clining status.
port to skilled nursing facilities Sec. 9702. Temporary extension of the funding TITLE X—COMMITTEE ON FOREIGN
through contracts with quality improvement and rehabilitation RELATIONS
improvement organizations. periods for multiemployer pension Sec. 10001. Department of State operations.
Sec. 9402. Funding for strike teams for resident plans in critical and endangered Sec. 10002. United States Agency for Inter-
and employee safety in skilled status for 2020 or 2021. national Development operations.
nursing facilities. Sec. 9703. Adjustments to funding standard ac- Sec. 10003. Global response.
Subtitle F—Preserving Health Benefits for count rules. Sec. 10004. Humanitarian response.
Workers Sec. 9704. Special financial assistance program Sec. 10005. Multilateral assistance.
Sec. 9501. Preserving health benefits for work- for financially troubled multiem- TITLE XI—COMMITTEE ON INDIAN
ers. ployer plans. AFFAIRS
Subtitle G—Promoting Economic Security Sec. 9705. Extended amortization for single em- Sec. 11001. Indian Health Service.
ployer plans. Sec. 11002. Bureau of Indian Affairs.
PART 1—2021 RECOVERY REBATES TO Sec. 9706. Extension of pension funding sta-
INDIVIDUALS Sec. 11003. Housing assistance and supportive
bilization percentages for single services programs for Native
Sec. 9601. 2021 recovery rebates to individuals. employer plans. Americans.
PART 2—CHILD TAX CREDIT Sec. 9707. Modification of special rules for min- Sec. 11004. COVID–19 response resources for the
Sec. 9611. Child tax credit improvements for imum funding standards for com- preservation and maintenance of
2021. munity newspaper plans. Native American languages.
Sec. 9612. Application of child tax credit in pos- Sec. 9708. Expansion of limitation on excessive Sec. 11005. Bureau of Indian Education.
sessions. employee remuneration. Sec. 11006. American Indian, Native Hawaiian,
PART 3—EARNED INCOME TAX CREDIT Subtitle I—Child Care for Workers and Alaska Native education.
Sec. 9621. Strengthening the earned income tax Sec. 9801. Child care assistance. TITLE I—COMMITTEE ON AGRICULTURE,
credit for individuals with no Subtitle J—Medicaid NUTRITION, AND FORESTRY
qualifying children. Sec. 9811. Mandatory coverage of COVID–19 Subtitle A—Agriculture
Sec. 9622. Taxpayer eligible for childless earned vaccines and administration and SEC. 1001.
FOOD SUPPLY CHAIN AND AGRI-
income credit in case of qualifying treatment under Medicaid. CULTURE PANDEMIC RESPONSE.
children who fail to meet certain Sec. 9812. Modifications to certain coverage (a) APPROPRIATION.—In addition to amounts
identification requirements. under Medicaid for pregnant and otherwise available, there is appropriated to the
Sec. 9623. Credit allowed in case of certain sep- postpartum women. Secretary of Agriculture for fiscal year 2021, out
arated spouses. Sec. 9813. State option to provide qualifying of any money in the Treasury not otherwise ap-
Sec. 9624. Modification of disqualified invest- community-based mobile crisis propriated, $4,000,000,000, to remain available
ment income test. intervention services. until expended, to carry out this section.
Sec. 9625. Application of earned income tax Sec. 9814. Temporary increase in FMAP for (b) USE OF FUNDS.—The Secretary of Agri-
credit in possessions of the United medical assistance under State culture shall use the amounts made available
States. Medicaid plans which begin to ex- pursuant to subsection (a)—
Sec. 9626. Temporary special rule for deter-
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pend amounts for certain manda- (1) to purchase food and agricultural commod-
mining earned income for pur-
tory individuals. ities;
poses of earned income tax credit.
Sec. 9815. Extension of 100 percent Federal med- (2) to purchase and distribute agricultural
PART 4—DEPENDENT CARE ASSISTANCE ical assistance percentage to commodities (including fresh produce, dairy,
Sec. 9631. Refundability and enhancement of Urban Indian Health Organiza- seafood, eggs, and meat) to individuals in need,
child and dependent care tax tions and Native Hawaiian Health including through delivery to nonprofit organi-
credit. Care Systems. zations and through restaurants and other food
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1199
related entities, as determined by the Secretary, (1) increase capacity for vaccine distribution; (3) SOCIALLY DISADVANTAGED FARMER OR
that may receive, store, process, and distribute (2) provide medical supplies to increase med- RANCHER.—The term ‘‘socially disadvantaged
food items; ical surge capacity; farmer or rancher’’ has the meaning given the
(3) to make grants and loans for small or (3) reimburse for revenue lost during the term in section 2501(a) of the Food, Agriculture,
midsized food processors or distributors, seafood COVID–19 pandemic, including revenue losses Conservation, and Trade Act of 1990 (7 U.S.C.
processing facilities and processing vessels, incurred prior to the awarding of the grant; 2279(a)).
farmers markets, producers, or other organiza- (4) increase telehealth capabilities, including SEC. 1006. USDA ASSISTANCE AND SUPPORT FOR
tions to respond to COVID–19, including for underlying health care information systems; SOCIALLY DISADVANTAGED FARM-
measures to protect workers against COVID–19; (5) construct temporary or permanent struc- ERS, RANCHERS, FOREST LAND OWN-
and tures to provide health care services, including ERS AND OPERATORS, AND GROUPS.
(4) to make loans and grants and provide vaccine administration or testing; (a) APPROPRIATION.—In addition to amounts
other assistance to maintain and improve food (6) support staffing needs for vaccine adminis- otherwise available, there is appropriated to the
and agricultural supply chain resiliency. tration or testing; and Secretary of Agriculture for fiscal year 2021, out
(c) ANIMAL HEALTH.— (7) engage in any other efforts to support of any money in the Treasury not otherwise ap-
(1) COVID–19 ANIMAL SURVEILLANCE.—The rural development determined to be critical to propriated, $1,010,000,000, to remain available
Secretary of Agriculture shall conduct moni- address the COVID–19 pandemic, including nu- until expended, to carry out this section.
toring and surveillance of susceptible animals tritional assistance to vulnerable individuals, as (b) ASSISTANCE.—The Secretary of Agriculture
for incidence of SARS–CoV–2. approved by the Secretary. shall use the amounts made available pursuant
(2) FUNDING.—Out of the amounts made avail- (c) FUNDING.—In addition to amounts other- to subsection (a) for purposes described in this
able under subsection (a), the Secretary shall wise available, there is appropriated to the Sec- subsection by—
use $300,000,000 to carry out this subsection. retary for fiscal year 2021, out of any money in (1) using not less than 5 percent of the total
(d) OVERTIME FEES.— the Treasury not otherwise appropriated, amount of funding provided under subsection
(1) SMALL ESTABLISHMENT; VERY SMALL ESTAB- $500,000,000, to remain available until September (a) to provide outreach, mediation, financial
LISHMENT DEFINITIONS.—The terms ‘‘small estab- 30, 2023, to carry out this section, of which not training, capacity building training, cooperative
lishment’’ and ‘‘very small establishment’’ have more than 3 percent may be used by the Sec- development training and support, and other
the meaning given those terms in the final rule retary for administrative purposes and not more technical assistance on issues concerning food,
entitled ‘‘Pathogen Reduction; Hazard Analysis than 2 percent may be used by the Secretary for agriculture, agricultural credit, agricultural ex-
and Critical Control Point (HACCP) Systems’’ technical assistance as defined in section tension, rural development, or nutrition to so-
published in the Federal Register on July 25, 306(a)(26) of the Consolidated Farm and Rural cially disadvantaged farmers, ranchers, or forest
1996 (61 Fed. Reg. 38806). Development Act (7 U.S.C. 1926(a)(26)). landowners, or other members of socially dis-
(2) OVERTIME INSPECTION COST REDUCTION.— SEC. 1003. PANDEMIC PROGRAM ADMINISTRA- advantaged groups;
Notwithstanding section 10703 of the Farm Secu- TION FUNDS. (2) using not less than 5 percent of the total
rity and Rural Investment Act of 2002 (7 U.S.C. In addition to amounts otherwise available, amount of funding provided under subsection
2219a), the Act of June 5, 1948 (21 U.S.C. 695), there are appropriated for fiscal year 2021, out (a) to provide grants and loans to improve land
section 25 of the Poultry Products Inspection of any money in the Treasury not otherwise ap- access for socially disadvantaged farmers,
Act (21 U.S.C. 468), and section 24 of the Egg propriated, $47,500,000, to remain available until ranchers, or forest landowners, including issues
Products Inspection Act (21 U.S.C. 1053), and expended, for necessary administrative expenses related to heirs’ property in a manner as deter-
any regulations promulgated by the Department associated with carrying out this subtitle. mined by the Secretary;
of Agriculture implementing such provisions of (3) using not less than 0.5 percent of the total
SEC. 1004. FUNDING FOR THE USDA OFFICE OF
law and subject to the availability of funds INSPECTOR GENERAL FOR OVER- amount of funding provided under subsection
under paragraph (3), the Secretary of Agri- SIGHT OF COVID–19-RELATED PRO- (a) to fund the activities of one or more equity
culture shall reduce the amount of overtime in- GRAMS. commissions that will address racial equity
spection costs borne by federally-inspected small In addition to amounts otherwise made avail- issues within the Department of Agriculture and
establishments and very small establishments able, there is appropriated to the Office of the its programs;
engaged in meat, poultry, or egg products proc- Inspector General of the Department of Agri- (4) using not less than 5 percent of the total
essing and subject to the requirements of the culture for fiscal year 2021, out of any money in amount of funding provided under subsection
Federal Meat Inspection Act (21 U.S.C. 601 et the Treasury not otherwise appropriated, (a) to support and supplement agricultural re-
seq.), the Poultry Products Inspection Act (21 $2,500,000, to remain available until September search, education, and extension, as well as
U.S.C. 451 et seq.), or the Egg Products Inspec- 30, 2022, for audits, investigations, and other scholarships and programs that provide intern-
tion Act (21 U.S.C. 1031 et seq.), for inspection oversight activities of projects and activities car- ships and pathways to Federal employment,
activities carried out during the period of fiscal ried out with funds made available to the De- by—
years 2021 through 2030. partment of Agriculture related to the COVID– (A) using not less than 1 percent of the total
(3) FUNDING.—Out of the amounts made avail- 19 pandemic. amount of funding provided under subsection
able under subsection (a), the Secretary shall SEC. 1005. FARM LOAN ASSISTANCE FOR SO- (a) at colleges or universities eligible to receive
use $100,000,000 to carry out this subsection. CIALLY DISADVANTAGED FARMERS funds under the Act of August 30, 1890 (com-
SEC. 1002. EMERGENCY RURAL DEVELOPMENT AND RANCHERS. monly known as the ‘‘Second Morrill Act’’) (7
GRANTS FOR RURAL HEALTH CARE. (a) PAYMENTS.— U.S.C. 321 et seq.), including Tuskegee Univer-
(a) GRANTS.—The Secretary of Agriculture (in (1) APPROPRIATION.—In addition to amounts sity;
this section referred to as the ‘‘Secretary’’) shall otherwise available, there is appropriated to the (B) using not less than 1 percent of the total
use the funds made available by this section to Secretary for fiscal year 2021, out of amounts in amount of funding provided under subsection
establish an emergency pilot program for rural the Treasury not otherwise appropriated, such (a) at 1994 Institutions (as defined in section 532
development not later than 150 days after the sums as may be necessary, to remain available of the Equity in Educational Land-Grant Status
date of enactment of this Act to provide grants until expended, for the cost of loan modifica- Act of 1994 (7 U.S.C. 301 note; Public Law 103–
to eligible applicants (as defined in section tions and payments under this section. 382));
3570.61(a) of title 7, Code of Federal Regula- (2) PAYMENTS.—The Secretary shall provide a (C) using not less than 1 percent of the total
tions) to be awarded by the Secretary based on payment in an amount up to 120 percent of the amount of funding provided under subsection
rural development needs related to the COVID– outstanding indebtedness of each socially dis- (a) at Alaska Native serving institutions and
19 pandemic. advantaged farmer or rancher as of January 1, Native Hawaiian serving institutions eligible to
(b) USES.—An eligible applicant to whom a 2021, to pay off the loan directly or to the so- receive grants under subsections (a) and (b), re-
grant is awarded under this section may use the cially disadvantaged farmer or rancher (or a spectively, of section 1419B of the National Agri-
grant funds for costs, including those incurred combination of both), on each— cultural Research, Extension, and Teaching
prior to the issuance of the grant, as determined (A) direct farm loan made by the Secretary to Policy Act of 1977 (7 U.S.C. 3156);
by the Secretary, of facilities which primarily the socially disadvantaged farmer or rancher; (D) using not less than 1 percent of the total
serve rural areas (as defined in section and amount of funding provided under subsection
343(a)(13)(C) of the Consolidated Farm and (B) farm loan guaranteed by the Secretary the (a) at Hispanic-serving institutions eligible to
Rural Development Act (7 U.S.C. 1991(a)(13)(C)), borrower of which is the socially disadvantaged receive grants under section 1455 of the National
which are located in a rural area, the median farmer or rancher. Agricultural Research, Extension, and Teaching
household income of the population to be served (b) DEFINITIONS.—In this section: Policy Act of 1977 (7 U.S.C. 3241); and
by which is less than the greater of the poverty (1) FARM LOAN.—The term ‘‘farm loan’’ (E) using not less than 1 percent of the total
line or the applicable percentage (determined means— amount of funding provided under subsection
under section 3570.63(b) of title 7, Code of Fed- (A) a loan administered by the Farm Service (a) at the insular area institutions of higher
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eral Regulations) of the State nonmetropolitan Agency under subtitle A, B, or C of the Consoli- education located in the territories of the United
median household income, and for which the dated Farm and Rural Development Act (7 States, as referred to in section 1489 of the Na-
performance of any construction work com- U.S.C. 1922 et seq.); and tional Agricultural Research, Extension, and
pleted with grant funds shall meet the condition (B) a Commodity Credit Corporation Farm Teaching Policy Act of 1977 (7 U.S.C. 3361); and
set forth in section 9003(f) of the Farm Security Storage Facility Loan. (5) using not less than 5 percent of the total
and Rural Investment Act of 2002 (7 U.S.C. (2) SECRETARY.—The term ‘‘Secretary’’ means amount of funding provided under subsection
8103(f)), to— the Secretary of Agriculture. (a) to provide financial assistance to socially
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H1200 CONGRESSIONAL RECORD — HOUSE March 10, 2021
disadvantaged farmers, ranchers, or forest land- SEC. 1102. ADDITIONAL ASSISTANCE FOR SNAP (A) Food package III–Participants with quali-
owners that are former farm loan borrowers that ONLINE PURCHASING AND TECH- fying conditions.
NOLOGY IMPROVEMENTS. (B) Food Package IV–Children 1 through 4
suffered related adverse actions or past discrimi-
nation or bias in Department of Agriculture pro- (a) FUNDING.—In addition to amounts other- years.
grams, as determined by the Secretary. wise made available, there is appropriated for (C) Food Package V–Pregnant and partially
(c) DEFINITIONS.—In this section: fiscal year 2021, out of any amounts in the (mostly) breastfeeding women.
Treasury not otherwise appropriated, $25,000,000 (D) Food Package VI–Postpartum women.
(1) NONINDUSTRIAL PRIVATE FOREST LAND.—
to remain available through September 30, 2026, (E) Food Package VII–Fully breastfeeding.
The term ‘‘nonindustrial private forest land’’
to carry out this section. (5) SECRETARY.—The term ‘‘Secretary’’ means
has the meaning given the term in section (b) USE OF FUNDS.—The Secretary of Agri- the Secretary of Agriculture.
1201(a)(18) of the Food Security Act of 1985 (16 culture may use the amounts made available (6) STATE AGENCY.—The term ‘‘State agency’’
U.S.C. 3801(a)(18)). pursuant to subsection (a)— has the meaning given the term in section 17(b)
(2) SOCIALLY DISADVANTAGED FARMER, RANCH- (1) to make technological improvements to im- of the Child Nutrition Act of 1966 (42 U.S.C.
ER, OR FOREST LANDOWNER.—The term ‘‘socially prove online purchasing in the supplemental 1786(b)).
disadvantaged farmer, rancher, or forest land- nutrition assistance program established under (b) AUTHORITY TO INCREASE AMOUNT OF CASH-
owner’’ means a farmer, rancher, or owner or the Food and Nutrition Act of 2008 (7 U.S.C. VALUE VOUCHER.—During the public health
operator of nonindustrial private forest land 2011 et seq.); emergency declared by the Secretary of Health
who is a member of a socially disadvantaged (2) to modernize electronic benefit transfer and Human Services under section 319 of the
group. technology; Public Health Service Act (42 U.S.C. 247d) on
(3) SOCIALLY DISADVANTAGED GROUP.—The (3) to support the mobile technologies dem- January 31, 2020, with respect to the
term ‘‘socially disadvantaged group’’ has the onstration projects and the use of mobile tech- Coronavirus Disease 2019 (COVID–19), and in
meaning given the term in section 2501(a) of the nologies authorized under section 7(h)(14) of the response to challenges relating to that public
Food, Agriculture, Conservation, and Trade Act Food and Nutrition Act of 2008 (7 U.S.C. health emergency, the Secretary may, in car-
of 1990 (7 U.S.C. 2279(a)). 2016(h)(14)); and rying out the program, increase the amount of a
SEC. 1007. USE OF THE COMMODITY CREDIT COR- (4) to provide technical assistance to educate cash-value voucher under a qualified food pack-
PORATION FOR COMMODITIES AND retailers on the process and technical require- age to an amount that is less than or equal to
ASSOCIATED EXPENSES. ments for the online acceptance of the supple- $35.
In addition to amounts otherwise made avail- mental nutrition assistance program benefits, (c) APPLICATION OF INCREASED AMOUNT OF
able, there are appropriated for fiscal year 2021, for mobile payments, and for electronic benefit CASH-VALUE VOUCHER TO STATE AGENCIES.—
out of any money in the Treasury not otherwise transfer modernization initiatives. (1) NOTIFICATION.—An increase to the amount
appropriated, $800,000,000, to remain available SEC. 1103. ADDITIONAL FUNDING FOR NUTRI- of a cash-value voucher under subsection (b)
until September 30, 2022, to use the Commodity TION ASSISTANCE PROGRAMS. shall apply to any State agency that notifies the
Credit Corporation to acquire and make avail- Section 704 of division N of the Consolidated Secretary of—
able commodities under section 406(b) of the Appropriations Act, 2021 (Public Law 116–260) is (A) the intent to use that increased amount,
Food for Peace Act (7 U.S.C. 1736(b)) and for ex- amended— without further application; and
penses under such section. (1) by striking ‘‘In addition’’ and inserting the (B) the applicable period selected by the State
following: agency during which that increased amount
Subtitle B—Nutrition ‘‘(a) COVID–19 RESPONSE FUNDING.—In addi- shall apply.
SEC. 1101. SUPPLEMENTAL NUTRITION ASSIST- tion’’; and (2) USE OF INCREASED AMOUNT.—A State agen-
ANCE PROGRAM. (2) by adding at the end the following— cy that makes a notification to the Secretary
(a) VALUE OF BENEFITS.—Section 702(a) of di- ‘‘(b) ADDITIONAL FUNDING.—In addition to under paragraph (1) shall use the increased
vision N of the Consolidated Appropriations Act, any other funds made available, there is appro- amount described in that paragraph—
2021 (Public Law 116–260) is amended by striking priated for fiscal year 2021, out of any money in (A) during the applicable period described in
‘‘June 30, 2021’’ and inserting ‘‘September 30, the Treasury not otherwise appropriated, that notification; and
2021’’. $1,000,000,000 to remain available until Sep- (B) only during a single applicable period.
tember 30, 2027, for the Secretary of Agriculture (d) SUNSET.—The authority of the Secretary
(b) SNAP ADMINISTRATIVE EXPENSES.—In ad-
to provide grants to the Commonwealth of under subsection (b), and the authority of a
dition to amounts otherwise available, there is
Northern Mariana Islands, Puerto Rico, and State agency to increase the amount of a cash-
hereby appropriated for fiscal year 2021, out of
American Samoa for nutrition assistance, of value voucher under subsection (c), shall termi-
any amounts in the Treasury not otherwise ap-
which $30,000,000 shall be available to provide nate on September 30, 2021.
propriated, $1,150,000,000, to remain available
grants to the Commonwealth of Northern Mar- (e) FUNDING.—In addition to amounts other-
until September 30, 2023, with amounts to be ob-
iana Islands for such assistance.’’. wise made available, there is appropriated to the
ligated for each of fiscal years 2021, 2022, and
SEC. 1104. COMMODITY SUPPLEMENTAL FOOD Secretary, out of funds in the Treasury not oth-
2023, for the costs of State administrative ex-
PROGRAM. erwise appropriated, $490,000,000 to carry out
penses associated with carrying out this section
In addition to amounts otherwise made avail- this section, to remain available until September
and administering the supplemental nutrition
able, there is appropriated for fiscal year 2021, 30, 2022.
assistance program established under the Food
and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), out of any money in the Treasury not otherwise SEC. 1106. WIC PROGRAM MODERNIZATION.
of which— appropriated, $37,000,000, to remain available In addition to amounts otherwise available,
until September 30, 2022, for activities author- there are appropriated to the Secretary of Agri-
(1) $15,000,000 shall be for necessary expenses
ized by section 4(a) of the Agriculture and Con- culture, out of amounts in the Treasury not oth-
of the Secretary of Agriculture (in this section
sumer Protection Act of 1973 (7 U.S.C. 612c erwise appropriated, $390,000,000 for fiscal year
referred to as the ‘‘Secretary’’) for management
note). 2021, to remain available until September 30,
and oversight of the program; and
SEC. 1105. IMPROVEMENTS TO WIC BENEFITS. 2024, to carry out outreach, innovation, and
(2) $1,135,000,000 shall be for the Secretary to
(a) DEFINITIONS.—In this section: program modernization efforts, including appro-
make grants to each State agency for each of
(1) APPLICABLE PERIOD.—The term ‘‘applica- priate waivers and flexibility, to increase par-
fiscal years 2021 through 2023 as follows:
ble period’’ means a period— ticipation in and redemption of benefits under
(A) 75 percent of the amounts available shall (A) beginning after the date of enactment of programs established under section 17 of the
be allocated to States based on the share of each this Act, as selected by a State agency; and Child Nutrition Act of 1966 (7 U.S.C. 1431), ex-
State of households that participate in the sup- (B) ending not later than the earlier of— cept that such waivers may not relate to the
plemental nutrition assistance program as re- (i) 4 months after the date described in sub- content of the WIC Food Packages (as defined
ported to the Department of Agriculture for the paragraph (A); or in section 246.10(e) of title 7, Code of Federal
most recent 12-month period for which data are (ii) September 30, 2021. Regulations (as in effect on the date of enact-
available, adjusted by the Secretary (as of the (2) CASH-VALUE VOUCHER.—The term ‘‘cash- ment of this Act)), or the nondiscrimination re-
date of the enactment of this Act) for participa- value voucher’’ has the meaning given the term quirements under section 246.8 of title 7, Code of
tion in disaster programs under section 5(h) of in section 246.2 of title 7, Code of Federal Regu- Federal Regulations (as in effect on the date of
the Food and Nutrition Act of 2008 (7 U.S.C. lations (as in effect on the date of the enactment enactment of this Act).
2014(h)); and of this Act). SEC. 1107.
MEALS AND SUPPLEMENTS REIM-
(B) 25 percent of the amounts available shall (3) PROGRAM.—The term ‘‘program’’ means BURSEMENTS FOR INDIVIDUALS
be allocated to States based on the increase in the special supplemental nutrition program for WHO HAVE NOT ATTAINED THE AGE
the number of households that participate in the women, infants, and children established by sec- OF 25.
supplemental nutrition assistance program as tion 17 of the Child Nutrition Act of 1966 (42 (a) PROGRAM FOR AT-RISK SCHOOL CHIL-
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reported to the Department of Agriculture over U.S.C. 1786). DREN.—Beginning on the date of enactment of
the most recent 12-month period for which data (4) QUALIFIED FOOD PACKAGE.—The term this section, notwithstanding paragraph (1)(A)
are available, adjusted by the Secretary (as of ‘‘qualified food package’’ means each of the fol- of section 17(r) of the Richard B. Russell Na-
the date of the enactment of this Act) for par- lowing food packages (as defined in section tional School Lunch Act (42 U.S.C. 1766(r)),
ticipation in disaster programs under section 246.10(e) of title 7, Code of Federal Regulations during the COVID–19 public health emergency
5(h) of the Food and Nutrition Act of 2008 (7 (as in effect on the date of the enactment of this declared under section 319 of the Public Health
U.S.C. 2014(h)). Act)): Service Act (42 U.S.C. 247d), the Secretary shall
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1201
reimburse institutions that are emergency shel- TITLE II—COMMITTEE ON HEALTH, disabilities, English learners, racial and ethnic
ters under such section 17(r) (42 U.S.C. 1766(r)) EDUCATION, LABOR, AND PENSIONS minorities, students experiencing homelessness,
for meals and supplements served to individuals Subtitle A—Education Matters and foster care youth, including how outreach
who, at the time of such service— PART 1—DEPARTMENT OF EDUCATION and service delivery will meet the needs of each
(1) have not attained the age of 25; and population.
SEC. 2001. ELEMENTARY AND SECONDARY (G) Developing and implementing procedures
(2) are receiving assistance, including non-res- SCHOOL EMERGENCY RELIEF FUND.
idential assistance, from such emergency shel- and systems to improve the preparedness and re-
(a) IN GENERAL.—In addition to amounts oth- sponse efforts of local educational agencies.
ter. erwise available through the Education Sta- (H) Training and professional development for
(b) PARTICIPATION BY EMERGENCY SHEL- bilization Fund, there is appropriated to the De- staff of the local educational agency on sanita-
TERS.—Beginning on the date of enactment of partment of Education for fiscal year 2021, out tion and minimizing the spread of infectious dis-
this section, notwithstanding paragraph (5)(A) of any money in the Treasury not otherwise ap- eases.
of section 17(t) of the Richard B. Russell Na- propriated, $122,774,800,000, to remain available (I) Purchasing supplies to sanitize and clean
tional School Lunch Act (42 U.S.C. 1766(t)), dur- through September 30, 2023, to carry out this the facilities of a local educational agency, in-
ing the COVID–19 public health emergency de- section. cluding buildings operated by such agency.
clared under section 319 of the Public Health (b) GRANTS.—From funds provided under sub- (J) Planning for, coordinating, and imple-
Service Act (42 U.S.C. 247d), the Secretary shall section (a), the Secretary shall— menting activities during long-term closures, in-
reimburse emergency shelters under such section (1) use $800,000,000 for the purposes of identi- cluding providing meals to eligible students, pro-
17(t) (42 U.S.C. 1766(t)) for meals and supple- fying homeless children and youth and pro- viding technology for online learning to all stu-
ments served to individuals who, at the time of viding homeless children and youth with— dents, providing guidance for carrying out re-
such service have not attained the age of 25. (A) wrap-around services in light of the chal- quirements under the Individuals with Disabil-
(c) DEFINITIONS.—In this section: lenges of COVID–19; and ities Education Act and ensuring other edu-
(1) EMERGENCY SHELTER.—The term ‘‘emer- (B) assistance needed to enable homeless chil- cational services can continue to be provided
gency shelter’’ has the meaning given the term dren and youth to attend school and participate consistent with all Federal, State, and local re-
under section 17(t)(1) of the Richard B. Russell fully in school activities; and quirements.
National School Lunch Act (42 U.S.C. (2) from the remaining amounts, make grants (K) Purchasing educational technology (in-
1766(t)(1)). to each State educational agency in accordance cluding hardware, software, and connectivity)
with this section. for students who are served by the local edu-
(2) SECRETARY.—The term ‘‘Secretary’’ means
(c) ALLOCATIONS TO STATES.—The amount of cational agency that aids in regular and sub-
the Secretary of Agriculture.
each grant under subsection (b) shall be allo- stantive educational interaction between stu-
SEC. 1108. PANDEMIC EBT PROGRAM. cated by the Secretary to each State in the same dents and their classroom instructors, including
Section 1101 of the Families First Coronavirus proportion as each State received under part A low-income students and children with disabil-
Response Act (7 U.S.C. 2011 note; Public Law of title I of the Elementary and Secondary Edu- ities, which may include assistive technology or
116–127) is amended— cation Act of 1965 in the most recent fiscal year. adaptive equipment.
(1) in subsection (a)— (d) SUBGRANTS TO LOCAL EDUCATIONAL AGEN- (L) Providing mental health services and sup-
(A) by striking ‘‘During fiscal years 2020 and CIES.— ports, including through the implementation of
2021’’ and inserting ‘‘In any school year in (1) IN GENERAL.—Each State shall allocate not evidence-based full-service community schools.
which there is a public health emergency des- less than 90 percent of the grant funds awarded (M) Planning and implementing activities re-
ignation’’; and to the State under this section as subgrants to lated to summer learning and supplemental
(B) by inserting ‘‘or in a covered summer pe- local educational agencies (including charter afterschool programs, including providing class-
riod following a school session’’ after ‘‘in ses- schools that are local educational agencies) in room instruction or online learning during the
sion’’; the State in proportion to the amount of funds summer months and addressing the needs of
(2) in subsection (g), by striking ‘‘During fis- such local educational agencies and charter low-income students, children with disabilities,
cal year 2020, the’’ and inserting ‘‘The’’; schools that are local educational agencies re- English learners, migrant students, students ex-
ceived under part A of title I of the Elementary periencing homelessness, and children in foster
(3) in subsection (h)(1)—
and Secondary Education Act of 1965 in the care.
(A) by inserting ‘‘either’’ after ‘‘at least 1 most recent fiscal year.
child enrolled in such a covered child care facil- (N) Addressing learning loss among students,
(2) AVAILABILITY OF FUNDS.—Each State shall including low-income students, children with
ity and’’; and make allocations under paragraph (1) to local disabilities, English learners, racial and ethnic
(B) by inserting ‘‘or a Department of Agri- educational agencies in an expedited and timely minorities, students experiencing homelessness,
culture grant-funded nutrition assistance pro- manner and, to the extent practicable, not later and children and youth in foster care, of the
gram in the Commonwealth of the Northern than 60 days after the receipt of such funds. local educational agency, including by—
Mariana Islands, Puerto Rico, or American (e) USES OF FUNDS.—A local educational (i) administering and using high-quality as-
Samoa’’ before ‘‘shall be eligible to receive as- agency that receives funds under this section— sessments that are valid and reliable, to accu-
sistance’’; (1) shall reserve not less than 20 percent of rately assess students’ academic progress and
(4) by redesignating subsections (i) and (j) as such funds to address learning loss through the assist educators in meeting students’ academic
subsections (j) and (k), respectively; implementation of evidence-based interventions, needs, including through differentiating in-
(5) by inserting after subsection (h) the fol- such as summer learning or summer enrichment, struction;
lowing: extended day, comprehensive afterschool pro- (ii) implementing evidence-based activities to
‘‘(i) EMERGENCIES DURING SUMMER.—The Sec- grams, or extended school year programs, and meet the comprehensive needs of students;
retary of Agriculture may permit a State agency ensure that such interventions respond to stu- (iii) providing information and assistance to
to extend a State agency plan approved under dents’ academic, social, and emotional needs parents and families on how they can effectively
subsection (b) for not more than 90 days for the and address the disproportionate impact of the support students, including in a distance learn-
purpose of operating the plan during a covered coronavirus on the student subgroups described ing environment; and
summer period, during which time schools par- in section 1111(b)(2)(B)(xi) of the Elementary (iv) tracking student attendance and improv-
ticipating in the school lunch program under and Secondary Education Act of 1965 (20 U.S.C. ing student engagement in distance education.
the Richard B. Russell National School Lunch 6311(b)(2)(B)(xi)), students experiencing home- (O) School facility repairs and improvements
Act or the school breakfast program under sec- lessness, and children and youth in foster care; to enable operation of schools to reduce risk of
tion 4 of the Child Nutrition Act of 1966 (42 and virus transmission and exposure to environ-
U.S.C. 1773 ) and covered child care facilities (2) shall use the remaining funds for any of mental health hazards, and to support student
shall be deemed closed for purposes of this sec- the following: health needs.
tion.’’; (A) Any activity authorized by the Elemen- (P) Inspection, testing, maintenance, repair,
(6) in subsection (j) (as so redesignated)— tary and Secondary Education Act of 1965. replacement, and upgrade projects to improve
(B) Any activity authorized by the Individ- the indoor air quality in school facilities, in-
(A) by redesignating paragraphs (2) through
uals with Disabilities Education Act. cluding mechanical and non-mechanical heat-
(6) as paragraphs (3) through (7), respectively;
(C) Any activity authorized by the Adult Edu- ing, ventilation, and air conditioning systems,
(B) by inserting after paragraph (1) the fol- cation and Family Literacy Act. filtering, purification and other air cleaning,
lowing: (D) Any activity authorized by the Carl D. fans, control systems, and window and door re-
‘‘(2) COVERED SUMMER PERIOD.—The term Perkins Career and Technical Education Act of pair and replacement.
‘covered summer period’ means a summer period 2006. (Q) Developing strategies and implementing
that follows a school year during which there (E) Coordination of preparedness and re- public health protocols including, to the greatest
was a public health emergency designation.’’; sponse efforts of local educational agencies with extent practicable, policies in line with guidance
and
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State, local, Tribal, and territorial public health from the Centers for Disease Control and Pre-
(C) in paragraph (5) (as so redesignated), by departments, and other relevant agencies, to im- vention for the reopening and operation of
striking ‘‘or another coronavirus with pandemic prove coordinated responses among such entities school facilities to effectively maintain the
potential’’; and to prevent, prepare for, and respond to health and safety of students, educators, and
(7) in subsection (k) (as so redesignated), by coronavirus. other staff.
inserting ‘‘Federal agencies,’’ before ‘‘State (F) Activities to address the unique needs of (R) Other activities that are necessary to
agencies’’. low-income children or students, children with maintain the operation of and continuity of
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H1202 CONGRESSIONAL RECORD — HOUSE March 10, 2021
services in local educational agencies and con- cational agency’s website, not later than 30 ployment of a family member or independent
tinuing to employ existing staff of the local edu- days after receiving the allocation of funds de- student, or other circumstances, described in
cational agency. scribed in paragraph (d)(1), a plan for the safe section 479A of the Higher Education Act of 1965
(f) STATE FUNDING.—With funds not otherwise return to in-person instruction and continuity (20 U.S.C. 1087tt);
allocated under subsection (d), a State— of services. (6) the following shall not apply to funds pro-
(1) shall reserve not less than 5 percent of the (2) COMMENT PERIOD.—Before making the vided or received in accordance with this sec-
total amount of grant funds awarded to the plan described in paragraph (1) publicly avail- tion—
State under this section to carry out, directly or able, the local educational agency shall seek (A) subsection (b) of such section 314;
through grants or contracts, activities to ad- public comment on the plan and take such com- (B) paragraph (2) of subsection (c) of such
dress learning loss by supporting the implemen- ments into account in the development of the section 314;
tation of evidence-based interventions, such as plan. (C) paragraphs (1), (2), (4), (5), (6), and (8) of
summer learning or summer enrichment, ex- (3) PREVIOUS PLANS.—If a local educational subsection (d) of such section 314;
tended day, comprehensive afterschool pro- agency has developed a plan for the safe return (D) subsections (e) and (f) of such section 314;
grams, or extended school year programs, and to in-person instruction before the date of enact- and
ensure that such interventions respond to stu- ment of this Act that meets the requirements de- (E) section 316 of the Coronavirus Response
dents’ academic, social, and emotional needs scribed in paragraphs (1) and (2), such plan and Relief Supplemental Appropriations Act,
and address the disproportionate impact of the shall be deemed to satisfy the requirements 2021 (division M of Public Law 116–260); and
coronavirus on the student subgroups described under this subsection. (7) an institution that receives an allocation
in section 1111(b)(2)(B)(xi) of the Elementary under this section apportioned in accordance
SEC. 2002. EMERGENCY ASSISTANCE TO NON-PUB-
and Secondary Education Act of 1965 (20 U.S.C. LIC SCHOOLS. with subparagraphs (A) through (D) of sub-
6311(b)(2)(B)(xi)), students experiencing home- section (a)(1) of such section 314 shall use not
(a) IN GENERAL.—In addition to amounts oth-
lessness, and children and youth in foster care, less than 50 percent of such allocation to pro-
erwise available through the Emergency Assist-
including by providing additional support to vide emergency financial aid grants to students
ance to Non-Public Schools Program, there is
local educational agencies to fully address such in accordance with subsection (c)(3) of such sec-
appropriated to the Department of Education
impacts; tion 314.
for fiscal year 2021, out of any money in the
(2) shall reserve not less than 1 percent of the SEC. 2004. MAINTENANCE OF EFFORT AND MAIN-
Treasury not otherwise appropriated,
total amount of grant funds awarded to the TENANCE OF EQUITY.
$2,750,000,000, to remain available through Sep-
State under this section to carry out, directly or (a) STATE MAINTENANCE OF EFFORT.—
tember 30, 2023, for making allocations to Gov-
through grants or contracts, the implementation (1) IN GENERAL.—As a condition of receiving
ernors under the Emergency Assistance to Non-
of evidence-based summer enrichment programs, funds under section 2001, a State shall maintain
Public Schools Program to provide services or
and ensure such programs respond to students’ support for elementary and secondary edu-
assistance to non-public schools that enroll a
academic, social, and emotional needs and ad- cation, and for higher education (which shall
significant percentage of low-income students
dress the disproportionate impact of the include State funding to institutions of higher
and are most impacted by the qualifying emer-
coronavirus on the student populations de- education and State need-based financial aid,
gency.
scribed in section 1111(b)(2)(B)(xi) of the Ele- and shall not include support for capital
(b) LIMITATIONS.—Funds provided under sub-
mentary and Secondary Education Act of 1965 projects or for research and development or tui-
section (a) shall not be used to provide reim-
(20 U.S.C. 6311(b)(2)(B)(xi)), students experi- tion and fees paid by students), in each of fiscal
bursements to any non-public school.
encing homelessness, and children and youth in years 2022 and 2023 at least at the proportional
SEC. 2003. HIGHER EDUCATION EMERGENCY RE-
foster care; levels of such State’s support for elementary and
LIEF FUND.
(3) shall reserve not less than 1 percent of the secondary education and for higher education
In addition to amounts otherwise available, relative to such State’s overall spending, aver-
total amount of grant funds awarded to the
there is appropriated to the Department of Edu- aged over fiscal years 2017, 2018, and 2019.
State under this section to carry out, directly or
cation for fiscal year 2021, out of any money in (2) WAIVER.—For the purpose of relieving fis-
through grants or contracts, the implementation
the Treasury not otherwise appropriated, cal burdens incurred by States in preventing,
of evidence-based comprehensive afterschool
$39,584,570,000, to remain available through Sep- preparing for, and responding to the
programs, and ensure such programs respond to
tember 30, 2023, for making allocations to insti- coronavirus, the Secretary of Education may
students’ academic, social, and emotional needs
tutions of higher education in accordance with waive any maintenance of effort requirements
and address the disproportionate impact of the
the same terms and conditions of section 314 of associated with the Education Stabilization
coronavirus on the student populations de-
the Coronavirus Response and Relief Supple- Fund.
scribed in section 1111(b)(2)(B)(xi) of the Ele-
mental Appropriations Act, 2021 (division M of (b) STATE MAINTENANCE OF EQUITY.—
mentary and Secondary Education Act of 1965
Public Law 116–260), except that— (1) HIGH-NEED LOCAL EDUCATIONAL AGEN-
(20 U.S.C. 6311(b)(2)(B)(xi)), students experi-
(1) subsection (a)(1) of such section 314 shall CIES.—As a condition of receiving funds under
encing homelessness, and children and youth in
be applied by substituting ‘‘91 percent’’ for ‘‘89 section 2001, a State educational agency shall
foster care; and
percent’’; not, in fiscal year 2022 or 2023, reduce State
(4) may reserve not more than one-half of 1
(2) subsection (a)(2) of such section 314 shall funding (as calculated on a per-pupil basis) for
percent of the total amount of grant funds
be applied— any high-need local educational agency in the
awarded to the State under this section for ad-
(A) in the matter preceding subparagraph (A), State by an amount that exceeds the overall per-
ministrative costs and the remainder for emer-
by substituting ‘‘under the heading ‘Higher pupil reduction in State funds, if any, across all
gency needs as determined by the State edu-
Education’ in the Department of Education Ap- local educational agencies in such State in such
cational agency to address issues responding to
propriations Act, 2020’’ for ‘‘in the Further Con- fiscal year.
coronavirus, which may be addressed through
solidated Appropriations Act, 2020 (Public Law (2) HIGHEST POVERTY LOCAL EDUCATIONAL
the use of grants or contracts.
(g) REALLOCATION.—A State shall return to 116–94)’’; and AGENCIES.—Notwithstanding paragraph (1), as a
the Secretary any funds received under this sec- (B) in subparagraph (B), by substituting condition of receiving funds under section 2001,
tion that the State does not award within 1 year ‘‘under the heading ‘Higher Education’ in the a State educational agency shall not, in fiscal
of receiving such funds and the Secretary shall Department of Education Appropriations Act, year 2022 or 2023, reduce State funding (as cal-
reallocate such funds to the remaining States in 2020’’ for ‘‘in the Further Consolidated Appro- culated on a per-pupil basis) for any highest
accordance with subsection (c). priations Act, 2020 (Public Law 116–94)’’; poverty local educational agency below the level
(h) DEFINITIONS.—In this section— (3) an institution that receives an allocation of funding (as calculated on a per-pupil basis)
(1) the terms ‘‘child’’, ‘‘children with disabil- apportioned in accordance with clause (iii) of provided to each such local educational agency
ities’’, ‘‘distance education’’, ‘‘elementary subsection (a)(2)(A) of such section 314 that has in fiscal year 2019.
school’’, ‘‘English learner’’, ‘‘evidence-based’’, a total endowment size of less than $1,000,000 (c) LOCAL EDUCATIONAL AGENCY MAINTE-
‘‘secondary school’’, ‘‘local educational agen- (including an institution that does not have an NANCE OF EQUITY FOR HIGH-POVERTY
cy’’, ‘‘parent’’, ‘‘Secretary’’, ‘‘State educational endowment) shall be treated by the Secretary as SCHOOLS.—
agency’’, and ‘‘technology’’ have the meanings having a total endowment size of $1,000,000 for (1) IN GENERAL.—As a condition of receiving
given those terms in section 8101 of the Elemen- the purposes of such clause (iii); funds under section 2001, a local educational
tary and Secondary Education Act of 1965 (20 (4) subsection (a)(4) of such section 314 shall agency shall not, in fiscal year 2022 or 2023—
U.S.C. 7801); be applied by substituting ‘‘1 percent’’ for ‘‘3 (A) reduce per-pupil funding (from combined
(2) the term ‘‘full-service community school’’ percent’’; State and local funding) for any high-poverty
has the meaning given that term in section (5) except as provided in paragraphs (7) and school served by such local educational agency
4622(2) of the Elementary and Secondary Edu- (9) of subsection (d) of such section 314, an in- by an amount that exceeds—
cation Act of 1965 (20 U.S.C. 7272(2)); and stitution shall use a portion of funds received (i) the total reduction in local educational
dlhill on DSK120RN23PROD with HOUSE
(3) the term ‘‘State’’ means each of the 50 under this section to— agency funding (from combined State and local
States, the District of Columbia, and the Com- (A) implement evidence-based practices to funding) for all schools served by the local edu-
monwealth of Puerto Rico. monitor and suppress coronavirus in accordance cational agency in such fiscal year (if any); di-
(i) SAFE RETURN TO IN-PERSON INSTRUCTION.— with public health guidelines; and vided by
(1) IN GENERAL.—A local educational agency (B) conduct direct outreach to financial aid (ii) the number of children enrolled in all
receiving funds under this section shall develop applicants about the opportunity to receive a fi- schools served by the local educational agency
and make publicly available on the local edu- nancial aid adjustment due to the recent unem- in such fiscal year; or
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1203
(B) reduce per-pupil, full-time equivalent staff (B) the aggregate number of children enrolled cation for fiscal year 2021, out of any money in
in any high-poverty school by an amount that in all schools served by all local educational the Treasury not otherwise appropriated,
exceeds— agencies in the State in the fiscal year for which $100,000,000, to remain available through Sep-
(i) the total reduction in full-time equivalent the determination is being made. tember 30, 2023, for the Institute of Education
staff in all schools served by such local edu- (6) STATE.—The term ‘‘State’’ means each of Sciences to carry out research related to ad-
cational agency in such fiscal year (if any); di- the 50 States, the District of Columbia, and the dressing learning loss caused by the coronavirus
vided by Commonwealth of Puerto Rico. among the student subgroups described in sec-
(ii) the number of children enrolled in all SEC. 2005. OUTLYING AREAS. tion 1111(b)(2)(B)(xi) of the Elementary and Sec-
schools served by the local educational agency In addition to amounts otherwise available, ondary Education Act of 1965 (20 U.S.C.
in such fiscal year. there is appropriated to the Department of Edu- 6311(b)(2)(B)(xi)) and students experiencing
(2) EXCEPTION.—Paragraph (1) shall not cation for fiscal year 2021, out of any money in homelessness and children and youth in foster
apply to a local educational agency in fiscal the Treasury not otherwise appropriated, care, and to disseminate such findings to State
year 2022 or 2023 that meets at least 1 of the fol- $850,000,000, to remain available through Sep- educational agencies and local educational
lowing criteria in such fiscal year: tember 30, 2023, for the Secretary of Education agencies and other appropriate entities.
(A) Such local educational agency has a total to allocate awards to the outlying areas on the SEC. 2011. PROGRAM ADMINISTRATION.
enrollment of less than 1,000 students. basis of their respective needs, as determined by In addition to amounts otherwise available,
(B) Such local educational agency operates a the Secretary, to be allocated not more than 30 there is appropriated to the Department of Edu-
single school. calendar days after the date of enactment of
(C) Such local educational agency serves all cation for fiscal year 2021, out of any money in
this Act. the Treasury not otherwise appropriated,
students within each grade span with a single SEC. 2006. GALLAUDET UNIVERSITY.
school. $15,000,000, to remain available through Sep-
In addition to amounts otherwise available, tember 30, 2024, for Program Administration
(D) Such local educational agency dem- there is appropriated to the Department of Edu-
onstrates an exceptional or uncontrollable cir- within the Department of Education to prevent,
cation for fiscal year 2021, out of any money in prepare for, and respond to coronavirus, and for
cumstance, such as unpredictable changes in the Treasury not otherwise appropriated,
student enrollment or a precipitous decline in salaries and expenses necessary to implement
$19,250,000, to remain available through Sep- this part.
the financial resources of such agency, as deter- tember 30, 2023, for the Kendall Demonstration
mined by the Secretary of Education. SEC. 2012. OFFICE OF INSPECTOR GENERAL.
Elementary School, the Model Secondary School In addition to amounts otherwise available,
(d) DEFINITIONS.—In this section: for the Deaf, and Gallaudet University to pre-
(1) ELEMENTARY EDUCATION; SECONDARY EDU- there is appropriated to the Department of Edu-
vent, prepare for, and respond to coronavirus,
CATION.—The terms ‘‘elementary education’’ cation for fiscal year 2021, out of any money in
including to defray expenses associated with
and ‘‘secondary education’’ have the meaning the Treasury not otherwise appropriated,
coronavirus (including lost revenue, reimburse-
given such terms under State law. $5,000,000, to remain available until expended,
ment for expenses already incurred, technology
(2) HIGHEST POVERTY LOCAL EDUCATIONAL for the Office of Inspector General of the De-
costs associated with a transition to distance
AGENCY.—The term ‘‘highest poverty local edu- partment of Education, for salaries and ex-
education, faculty and staff trainings, and pay-
cational agency’’ means a local educational penses necessary for oversight, investigations,
roll) and to provide financial aid grants to stu-
agency that is among the group of local edu- and audits of programs, grants, and projects
dents, which may be used for any component of
cational agencies in the State that— funded under this part carried out by the Office
(A) in rank order, have the highest percent- the student’s cost of attendance.
of Inspector General.
SEC. 2007. STUDENT AID ADMINISTRATION.
ages of economically disadvantaged students in SEC. 2013. MODIFICATION OF REVENUE REQUIRE-
the State, on the basis of the most recent satis- In addition to amounts otherwise available,
MENTS FOR PROPRIETARY INSTITU-
factory data available from the Department of there is appropriated to the Department of Edu- TIONS OF HIGHER EDUCATION.
Commerce (or, for local educational agencies for cation for fiscal year 2021, out of any money in (a) IN GENERAL.—Section 487(a)(24) of the
which no such data are available, such other the Treasury not otherwise appropriated, Higher Education Act of 1965 (20 U.S.C.
data as the Secretary of Education determines $91,130,000, to remain available through Sep- 1094(a)(24)) is amended by striking ‘‘funds pro-
tember 30, 2023, for Student Aid Administration vided under this title’’ and inserting ‘‘Federal
are satisfactory); and
(B) collectively serve not less than 20 percent within the Department of Education to prevent,
funds that are disbursed or delivered to or on
of the State’s total enrollment of students served prepare for, and respond to coronavirus includ-
behalf of a student to be used to attend such in-
by all local educational agencies in the State. ing direct outreach to students and borrowers
stitution (referred to in this paragraph and sub-
(3) HIGH-NEED LOCAL EDUCATIONAL AGENCY.— about financial aid, economic impact payments,
section (d) as ‘Federal education assistance
The term ‘‘high-need local educational agency’’ means-tested benefits, unemployment assistance,
funds’)’’.
means a local educational agency that is among and tax benefits, for which the students and (b) IMPLEMENTATION OF NON-FEDERAL REV-
the group of local educational agencies in the borrowers may be eligible. ENUE REQUIREMENT.—Section 487(d) of the
State that— SEC. 2008. HOWARD UNIVERSITY.
Higher Education Act of 1965 (20 U.S.C. 1094(d))
(A) in rank order, have the highest percent- In addition to amounts otherwise available, is amended—
ages of economically disadvantaged students in there is appropriated to the Department of Edu- (1) in the subsection heading, by striking
the State, on the basis of the most recent satis- cation for fiscal year 2021, out of any money in ‘‘Non-title IV’’ and inserting ‘‘Non-Federal’’;
factory data available from the Department of the Treasury not otherwise appropriated, and
Commerce (or, for local educational agencies for $35,000,000, to remain available through Sep- (2) in paragraph (1)(C), by striking ‘‘funds for
which no such data are available, such other tember 30, 2023, for Howard University to pre- a program under this title’’ and inserting ‘‘Fed-
data as the Secretary of Education determines vent, prepare for, and respond to coronavirus, eral education assistance funds’’.
are satisfactory); and including to defray expenses associated with (c) EFFECTIVE DATE.—The amendments made
(B) collectively serve not less than 50 percent coronavirus (including lost revenue, reimburse- under this section shall—
of the State’s total enrollment of students served ment for expenses already incurred, technology (1) be subject to the master calendar require-
by all local educational agencies in the State. costs associated with a transition to distance ments under section 482 of the Higher Education
(4) HIGH-POVERTY SCHOOL.— education, faculty and staff trainings, and pay- Act of 1965 (20 U.S.C. 1089) and the public in-
(A) IN GENERAL.—The term ‘‘high-poverty roll) and to provide financial aid grants to stu- volvement and negotiated rulemaking require-
school’’ means, with respect to a school served dents, which may be used for any component of ments under section 492 of the Higher Education
by a local educational agency, a school that is the student’s cost of attendance. Act of 1965 (20 U.S.C. 1098a), except that such
in the highest quartile of schools served by such SEC. 2009. NATIONAL TECHNICAL INSTITUTE FOR negotiated rulemaking shall commence not ear-
local educational agency based on the percent- THE DEAF.
lier than October 1, 2021; and
age of economically disadvantaged students In addition to amounts otherwise available, (2) apply to institutional fiscal years begin-
served, as determined by the State in accordance there is appropriated to the Department of Edu- ning on or after January 1, 2023.
with subparagraph (B). cation for fiscal year 2021, out of any money in SEC. 2014. FUNDING FOR THE INDIVIDUALS WITH
(B) DETERMINATION.—In making the deter- the Treasury not otherwise appropriated, DISABILITIES EDUCATION ACT.
mination under subparagraph (A), a State shall $19,250,000, to remain available through Sep- (a) AMOUNTS FOR IDEA.—There is appro-
select a measure of poverty established for the tember 30, 2023, for the National Technical In- priated to the Secretary of Education for fiscal
purposes of this paragraph by the Secretary of stitute for the Deaf to prevent, prepare for, and year 2021, out of any money in the Treasury not
Education and apply such measure consistently respond to coronavirus, including to defray ex- otherwise appropriated—
to all schools in the State. penses associated with coronavirus (including (1) $2,580,000,000 for grants to States under
(5) OVERALL PER-PUPIL REDUCTION IN STATE lost revenue, reimbursement for expenses al- part B of the Individuals with Disabilities Edu-
FUNDS.—The term ‘‘overall per-pupil reduction ready incurred, technology costs associated with cation Act;
in State funds’’ means, with respect to a fiscal a transition to distance education, faculty and (2) $200,000,000 for preschool grants under sec-
dlhill on DSK120RN23PROD with HOUSE
year— staff training, and payroll) and to provide fi- tion 619 of the Individuals with Disabilities
(A) the amount of any reduction in the total nancial aid grants to students, which may be Education Act; and
amount of State funds provided to all local edu- used for any component of the student’s cost of (3) $250,000,000 for programs for infants and
cational agencies in the State in such fiscal year attendance. toddlers with disabilities under part C of the In-
compared to the total amount of such funds pro- SEC. 2010. INSTITUTE OF EDUCATION SCIENCES. dividuals with Disabilities Education Act.
vided to all local educational agencies in the In addition to amounts otherwise available, (b) GENERAL PROVISIONS.—Any amount ap-
State in the previous fiscal year; divided by there is appropriated to the Department of Edu- propriated under subsection (a) is in addition to
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H1204 CONGRESSIONAL RECORD — HOUSE March 10, 2021
other amounts appropriated or made available activities, and for the Office of Inspector Gen- through September 30, 2021, for grants under
for the applicable purpose. eral for oversight of the Secretary’s activities to this section in accordance with the Child Care
PART 2—MISCELLANEOUS prevent, prepare for, and respond to COVID–19. and Development Block Grant Act of 1990.
(b) ALLOCATION OF AMOUNTS.—Amounts ap- (c) GRANTS.—From the amounts appropriated
SEC. 2021. NATIONAL ENDOWMENT FOR THE
ARTS.
propriated under subsection (a) shall be allo- to carry out this section and under the author-
cated as follows: ity of section 658O of the Child Care and Devel-
In addition to amounts otherwise available, (1) Not less than $100,000,000 shall be for the opment Block Grant Act of 1990 (42 U.S.C.
there is appropriated for fiscal year 2021, out of Occupational Safety and Health Administra- 9858m) and this section, the Secretary shall
any money in the Treasury not otherwise appro- tion, of which $10,000,000 shall be for Susan award to each lead agency a child care sta-
priated, $135,000,000, to remain available until Harwood training grants and not less than bilization grant, without regard to the require-
expended, under the National Foundation on $5,000,000 shall be for enforcement activities re- ments in subparagraphs (C) and (E) of section
the Arts and the Humanities Act of 1965, as fol- lated to COVID–19 at high risk workplaces in- 658E(c)(3), and in section 658G, of the Child
lows: cluding health care, meat and poultry proc- Care and Development Block Grant Act of 1990
(1) Forty percent shall be for grants, and rel- essing facilities, agricultural workplaces and (42 U.S.C. 9858c(c)(3), 9858e). Such grant shall
evant administrative expenses, to State arts correctional facilities. be allotted in accordance with section 658O of
agencies and regional arts organizations that (2) $12,500,000 shall be for the Office of Inspec- the Child Care and Development Block Grant
support organizations’ programming and gen- tor General. Act of 1990 (42 U.S.C. 9858m).
eral operating expenses to cover up to 100 per- (d) STATE RESERVATIONS AND SUBGRANTS.—
cent of the costs of the programs which the Subtitle C—Human Services and Community
Supports (1) RESERVATION.—A lead agency for a State
grants support, to prevent, prepare for, respond that receives a child care stabilization grant
to, and recover from the coronavirus. SEC. 2201.
CHILD CARE AND DEVELOPMENT
BLOCK GRANT PROGRAM.
pursuant to subsection (c) shall reserve not more
(2) Sixty percent shall be for direct grants, than 10 percent of such grant funds to admin-
and relevant administrative expenses, that sup- (a) CHILD CARE AND DEVELOPMENT BLOCK
ister subgrants, provide technical assistance and
port organizations’ programming and general GRANT FUNDING.—In addition to amounts other-
support for applying for and accessing the
operating expenses to cover up to 100 percent of wise available, there is appropriated for fiscal
subgrant opportunity, publicize the availability
the costs of the programs which the grants sup- year 2021, out of any amounts in the Treasury
of the subgrants, carry out activities to increase
port, to prevent, prepare for, respond to, and re- not otherwise appropriated, $14,990,000,000, to
the supply of child care, and provide technical
cover from the coronavirus. remain available through September 30, 2021, to
assistance to help child care providers imple-
SEC. 2022. NATIONAL ENDOWMENT FOR THE HU- carry out the program authorized under section
ment policies as described in paragraph
MANITIES. 658C of the Child Care and Development Block
(2)(D)(i).
In addition to amounts otherwise available, Grant Act of 1990 (42 U.S.C. 9858a) without re-
(2) SUBGRANTS TO QUALIFIED CHILD CARE PRO-
there is appropriated for fiscal year 2021, out of gard to requirements in sections 658E(c)(3)(E) or
VIDERS.—
any money in the Treasury not otherwise appro- 658G of such Act (42 U.S.C. 9858c(c)(3)(E), (A) IN GENERAL.—The lead agency shall use
priated, $135,000,000, to remain available until 9858e). Payments made to States, territories, In- the remainder of the grant funds awarded pur-
expended, under the National Foundation on dian Tribes, and Tribal organizations from suant to subsection (c) to make subgrants to
the Arts and the Humanities Act of 1965, as fol- funds made available under this subsection qualified child care providers described in sub-
lows: shall be obligated in fiscal year 2021 or the suc- paragraph (B), regardless of such a provider’s
(1) Forty percent shall be for grants, and rel- ceeding 2 fiscal years. States, territories, Indian previous receipt of other Federal assistance, to
evant administrative expenses, to State human- Tribes, and Tribal organizations are authorized support the stability of the child care sector dur-
ities councils that support humanities organiza- to use such funds to provide child care assist- ing and after the COVID–19 public health emer-
tions’ programming and general operating ex- ance to health care sector employees, emergency gency.
penses to cover up to 100 percent of the costs of responders, sanitation workers, and other work- (B) QUALIFIED CHILD CARE PROVIDER.—To be
the programs which the grants support, to pre- ers deemed essential during the response to qualified to receive a subgrant under this para-
vent, prepare for, respond to, and recover from coronavirus by public officials, without regard graph, a provider shall be an eligible child care
the coronavirus. to the income eligibility requirements of section provider that on the date of submission of an
(2) Sixty percent shall be for direct grants, 658P(4) of the Child Care and Development application for the subgrant, was either—
and relevant administrative expenses, that sup- Block Grant Act (42 U.S.C. 9858n(4)). (i) open and available to provide child care
port humanities organizations’ programming (b) ADMINISTRATIVE COSTS.—In addition to services; or
and general operating expenses to cover up to amounts otherwise available, there is appro- (ii) closed due to public health, financial
100 percent of the costs of the programs which priated for fiscal year 2021, out of any amounts hardship, or other reasons relating to the
the grants support, to prevent, prepare for, re- in the Treasury not otherwise appropriated, COVID–19 public health emergency.
spond to, and recover from the coronavirus. $35,000,000, to remain available through Sep- (C) SUBGRANT AMOUNT.—The amount of such
tember 30, 2025, for the costs of providing tech- a subgrant to a qualified child care provider
SEC. 2023. INSTITUTE OF MUSEUM AND LIBRARY
SERVICES.
nical assistance and conducting research and shall be based on the provider’s stated current
for the administrative costs to carry out this sec- operating expenses, including costs associated
In addition to amounts otherwise available,
tion and section 2202 of this subtitle. with providing or preparing to provide child
there is appropriated to the Institute of Museum
(c) SUPPLEMENT NOT SUPPLANT.—Amounts care services during the COVID–19 public health
and Library Services for fiscal year 2021, out of
made available to carry out this section shall be emergency, and to the extent practicable, cover
any money in the Treasury not otherwise appro-
used to supplement and not supplant other Fed- sufficient operating expenses to ensure contin-
priated, $200,000,000, to remain available until
eral, State, and local public funds expended to uous operations for the intended period of the
expended, for necessary expenses to carry out
provide child care services for eligible individ- subgrant.
museum and library services. The Director of the
uals. (D) APPLICATION.—The lead agency shall—
Institute of Museum and Library Services shall
award not less than 89 percent of such funds to
SEC. 2202. CHILD CARE STABILIZATION. (i) make available on the lead agency’s
State library administrative agencies by apply- (a) DEFINITIONS.—In this section: website an application for qualified child care
ing the formula in section 221(b) of the Museum (1) COVID–19 PUBLIC HEALTH EMERGENCY.— providers that includes certifications that, for
and Library Services Act, except that— The term ‘‘COVID–19 public health emergency’’ the duration of the subgrant—
means the public health emergency declared by (I) the provider applying will, when open and
(1) section 221(b)(3)(A) of such Act shall be
the Secretary of Health and Human Services available to provide child care services, imple-
applied by substituting ‘‘$2,000,000’’ for
under section 319 of the Public Health Service ment policies in line with guidance from the cor-
‘‘$680,000’’ and by substituting ‘‘$200,000’’ for
Act (42 U.S.C. 247d) on January 31, 2020, with responding State, Tribal, and local authorities,
‘‘$60,000’’; and
respect to COVID–19, including any renewal of and in accordance with State, Tribal, and local
(2) section 221(b)(3)(C) and subsections (b)
the declaration. orders, and, to the greatest extent possible, im-
and (c) of section 223 of such Act shall not
(2) ELIGIBLE CHILD CARE PROVIDER.—The term plement policies in line with guidance from the
apply to funds provided under this section.
‘‘eligible child care provider’’ means— Centers for Disease Control and Prevention;
Subtitle B—Labor Matters (A) an eligible child care provider as defined (II) for each employee, the provider will pay
SEC. 2101. FUNDING FOR DEPARTMENT OF LABOR in section 658P of the Child Care and Develop- not less than the full compensation, including
WORKER PROTECTION ACTIVITIES. ment Block Grant Act of 1990 (42 U.S.C. 9858n); any benefits, that was provided to the employee
(a) APPROPRIATION.—In addition to amounts or as of the date of submission of the application
otherwise made available, out of any funds in (B) a child care provider that is licensed, reg- for the subgrant (referred to in this subclause as
the Treasury not otherwise appropriated, there ulated, or registered in the State, territory, or ‘‘full compensation’’), and will not take any ac-
are appropriated to the Secretary of Labor for Indian Tribe on the date of enactment of this tion that reduces the weekly amount of the em-
dlhill on DSK120RN23PROD with HOUSE
fiscal year 2021, $200,000,000, to remain available Act and meets applicable State and local health ployee’s compensation below the weekly amount
until September 30, 2023, for the Wage and Hour and safety requirements. of full compensation, or that reduces the em-
Division, the Office of Workers’ Compensation (b) CHILD CARE STABILIZATION FUNDING.—In ployee’s rate of compensation below the rate of
Programs, the Office of the Solicitor, the Mine addition to amounts otherwise available, there full compensation, including the involuntary
Safety and Health Administration, and the Oc- is appropriated for fiscal year 2021, out of any furloughing of any employee employed on the
cupational Safety and Health Administration to amounts in the Treasury not otherwise appro- date of submission of the application for the
carry out COVID–19 related worker protection priated, $23,975,000,000, to remain available subgrant; and
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1205
(III) the provider will provide relief from co- ‘‘(A) a reference in subsection (a)(2) to an any money in the Treasury not otherwise appro-
payments and tuition payments for the families amount appropriated under subsection (a)(1) priated, the following amounts, to remain avail-
enrolled in the provider’s program, to the extent shall be considered to be a reference to an able through September 30, 2023:
possible, and prioritize such relief for families amount appropriated under this paragraph; (1) $250,000,000 for carrying out the program
struggling to make either type of payment; and ‘‘(B) the matching requirement in section authorized under section 201 of the Child Abuse
(ii) accept and process applications submitted 306(c)(4) and condition in section 308(d)(3) shall Prevention and Treatment Act (42 U.S.C. 5116),
under this subparagraph on a rolling basis, and not apply; and which shall be allocated without regard to sec-
provide subgrant funds in advance of provider ‘‘(C) each reference in section 305(e) to ‘the tion 204(4) of such Act (42 U.S.C. 5116d(4)) and
expenditures, except as provided in subsection end of the following fiscal year’ shall be consid- shall be allotted to States in accordance with
(e)(2). ered to be a reference to ‘the end of fiscal year section 203 of such Act (42 U.S.C. 5116b), except
(E) OBLIGATION.—The lead agency shall no- 2025’; and that—
tify the Secretary if it is unable to obligate at ‘‘(D) funds made available to a State in a (A) in subsection (b)(1)(A) of such section 203,
least 50 percent of the funds received pursuant grant under section 306(a) and obligated in a ‘‘70 percent’’ shall be deemed to be ‘‘100 per-
to subsection (c) that are available for subgrants timely manner shall be available for expendi- cent’’; and
described in this paragraph within 9 months of ture, by the State or a recipient of funds from (B) subsections (b)(1)(B) and (c) of such sec-
the date of enactment of this Act. the grant, through the end of fiscal year 2025; tion 203 shall not apply; and
(e) USES OF FUNDS.— ‘‘(2) $18,000,000 to carry out section 309.
‘‘(3) $2,000,000 to carry out section 313, of (2) $100,000,000 for carrying out the State
(1) IN GENERAL.—A qualified child care pro- grant program authorized under section 106 of
vider that receives funds through such a which $1,000,000 shall be allocated to support
Indian communities.’’. the Child Abuse Prevention and Treatment Act
subgrant shall use the funds for at least one of (42 U.S.C. 5106a), which shall be allocated with-
the following: (b) COVID–19 PUBLIC HEALTH EMERGENCY
DEFINED.—In this section, the term ‘‘COVID–19 out regard to section 112(a)(2) of such Act (42
(A) Personnel costs, including payroll and sal-
public health emergency’’ means the public U.S.C. 5106h(a)(2)).
aries or similar compensation for an employee
(including any sole proprietor or independent health emergency declared by the Secretary of SEC. 2206. CORPORATION FOR NATIONAL AND
Health and Human Services under section 319 of COMMUNITY SERVICE AND THE NA-
contractor), employee benefits, premium pay, or TIONAL SERVICE TRUST.
costs for employee recruitment and retention. the Public Health Service Act (42 U.S.C. 247d)
(B) Rent (including rent under a lease agree- on January 31, 2020, with respect to COVID–19, (a) CORPORATION FOR NATIONAL AND COMMU-
including any renewal of the declaration. NITY SERVICE.—In addition to amounts other-
ment) or payment on any mortgage obligation,
utilities, facility maintenance or improvements, (c) GRANTS TO SUPPORT CULTURALLY SPECIFIC wise made available, there is appropriated for
or insurance. POPULATIONS.— fiscal year 2021, out of any money in the Treas-
(C) Personal protective equipment, cleaning (1) IN GENERAL.—In addition to amounts oth- ury not otherwise appropriated, to the Corpora-
and sanitization supplies and services, or train- erwise made available, there is appropriated, tion for National and Community Service,
ing and professional development related to out of any amounts in the Treasury not other- $852,000,000, to remain available through Sep-
health and safety practices. wise appropriated, to the Secretary of Health tember 30, 2024, to carry out subsection (b), ex-
(D) Purchases of or updates to equipment and and Human Services (in this section referred to cept that amounts to carry out subsection (b)(7)
supplies to respond to the COVID–19 public as the ‘‘Secretary’’), $49,500,000 for fiscal year shall remain available until September 30, 2026.
health emergency. 2021, to be available until expended, to carry out (b) ALLOCATION OF AMOUNTS.—Amounts pro-
(E) Goods and services necessary to maintain this subsection (excluding Federal administra- vided by subsection (a) shall be allocated as fol-
or resume child care services. tive costs, for which funds are appropriated lows:
(F) Mental health supports for children and under subsection (e)). (1) AMERICORPS STATE AND NATIONAL.—
employees. (2) USE OF FUNDS.—From amounts appro- $620,000,000 shall be used—
(2) REIMBURSEMENT.—The qualified child care priated under paragraph (1), the Secretary act- (A) to increase the living allowances of par-
provider may use the subgrant funds to reim- ing through the Director of the Family Violence ticipants in national service programs; and
burse the provider for sums obligated or ex- Prevention and Services Program, shall— (B) to make funding adjustments to existing
pended before the date of enactment of this Act (A) support culturally specific community- (as of the date of enactment of this Act) awards
for the cost of a good or service described in based organizations to provide culturally spe- and award new and additional awards to enti-
paragraph (1) to respond to the COVID–19 pub- cific activities for survivors of sexual assault ties to support programs described in para-
lic health emergency. and domestic violence, to address emergent graphs (1)(B), (2)(B), (3)(B), (4)(B), and (5)(B)
(f) SUPPLEMENT NOT SUPPLANT.—Amounts needs resulting from the COVID–19 public of subsection (a), and subsection (b)(2), of sec-
made available to carry out this section shall be health emergency and other public health con- tion 122 of the National and Community Service
used to supplement and not supplant other Fed- cerns; and Act of 1990 (42 U.S.C. 12572), whether or not the
eral, State, and local public funds expended to (B) support culturally specific community-
entities are already grant recipients under such
provide child care services for eligible individ- based organizations that provide culturally spe-
provisions on the date of enactment of this Act,
uals. cific activities to promote strategic partnership
and notwithstanding section 122(a)(1)(B)(vi) of
development and collaboration in responding to
SEC. 2203. HEAD START. the National and Community Service Act of 1990
the impact of COVID–19 and other public health
In addition to amounts otherwise available, (42 U.S.C. 12572(a)(1)(B)(vi)), by—
concerns on survivors of sexual assault and do-
there is appropriated for fiscal year 2021, out of (i) prioritizing entities serving communities
mestic violence.
any amounts in the Treasury not otherwise ap- (d) GRANTS TO SUPPORT SURVIVORS OF SEXUAL disproportionately impacted by COVID–19 and
propriated, $1,000,000,000, to remain available ASSAULT.— utilizing culturally competent and multilingual
through September 30, 2022, to carry out the (1) IN GENERAL.—In addition to amounts oth- strategies in the provision of services; and
Head Start Act, including for Federal adminis- erwise made available, there is appropriated, (ii) taking into account the diversity of com-
trative expenses. After reserving funds for Fed- out of any amounts in the Treasury not other- munities and participants served by such enti-
eral administrative expenses, the Secretary shall wise appropriated, to the Secretary, $198,000,000 ties, including racial, ethnic, socioeconomic, lin-
allocate all remaining amounts to Head Start for fiscal year 2021, to be available until ex- guistic, or geographic diversity.
agencies for one-time grants, and shall allocate pended, to carry out this subsection (excluding (2) STATE COMMISSIONS.—$20,000,000 shall be
to each Head Start agency an amount that Federal administrative costs, for which funds used to make adjustments to existing (as of the
bears the same ratio to the portion available for are appropriated under subsection (e)). date of enactment of this Act) awards and new
allocations as the number of enrolled children (2) USE OF FUNDS.—From amounts appro- and additional awards, including awards to
served by the Head Start agency bears to the priated under paragraph (1), the Secretary act- State Commissions on National and Community
number of enrolled children served by all Head ing through the Director of the Family Violence Service, under section 126(a) of the National
Start agencies. Prevention and Services Program, shall assist and Community Service Act of 1990 (42 U.S.C.
SEC. 2204. PROGRAMS FOR SURVIVORS. rape crisis centers in transitioning to virtual 12576(a)).
(a) IN GENERAL.—Section 303 of the Family services and meeting the emergency needs of (3) VOLUNTEER GENERATION FUND.—$20,000,000
Violence Prevention and Services Act (42 U.S.C. survivors. shall be used for expenses authorized under sec-
10403) is amended by adding at the end the fol- (e) ADMINISTRATIVE COSTS.—In addition to tion 501(a)(4)(F) of the National and Community
lowing: amounts otherwise made available, there is ap- Service Act of 1990 (42 U.S.C. 12681(a)(4)(F)),
‘‘(d) ADDITIONAL FUNDING.—For the purposes propriated to the Secretary, out of any amounts which, notwithstanding section 198P(d)(1)(B) of
of carrying out this title, in addition to amounts in the Treasury not otherwise appropriated, that Act (42 U.S.C. 12653p(d)(1)(B)), shall be for
otherwise made available for such purposes, $2,500,000 for fiscal year 2021, to remain avail- grants awarded by the Corporation for National
there are appropriated, out of any amounts in able until expended, for the Federal administra- and Community Service on a competitive basis.
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the Treasury not otherwise appropriated, for fis- tive costs of carrying out subsections (c) and (4) AMERICORPS VISTA.—$80,000,000 shall be
cal year 2021, to remain available until ex- (d). used for the purposes described in section 101 of
pended except as otherwise provided in this sub- SEC. 2205. CHILD ABUSE PREVENTION AND the Domestic Volunteer Service Act of 1973 (42
section, each of the following: TREATMENT. U.S.C. 4951), including to increase the living al-
‘‘(1) $180,000,000 to carry out sections 301 In addition to amounts otherwise available, lowances of volunteers, described in section
through 312, to be allocated in the manner de- there is appropriated to the Secretary of Health 105(b) of the Domestic Volunteer Service Act of
scribed in subsection (a)(2), except that— and Human Services for fiscal year 2021, out of 1973 (42 U.S.C. 4955(b)).
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H1206 CONGRESSIONAL RECORD — HOUSE March 10, 2021
(5) NATIONAL SENIOR SERVICE CORPS.— (B) ALTERNATIVE ALLOCATION.—The term ‘‘al- tivities related to production of vaccines and re-
$30,000,000 shall be used for the purposes de- ternative allocation’’ means an allocation to lated materials; facilitation and conduct of in-
scribed in section 200 of the Domestic Volunteer each State, territory, or locality calculated spections related to the manufacturing of vac-
Service Act of 1973 (42 U.S.C. 5000). using the percentage derived from the allocation cines, therapeutics, and devices delayed or can-
(6) ADMINISTRATIVE COSTS.—$73,000,000 shall received by such State, territory, or locality of celled for reasons related to COVID–19; review
be used for the Corporation for National and the aggregate amount of fiscal year 2020 Public of devices authorized for use for the treatment,
Community Service for administrative expenses Health Emergency Preparedness cooperative prevention, or diagnosis of COVID–19; and over-
to carry out programs and activities funded by agreement awards under section 319C–1 of the sight of the supply chain and mitigation of
subsection (a). Public Health Service Act (42 U.S.C. 247d–3a). shortages of vaccines, therapeutics, and devices
(7) OFFICE OF INSPECTOR GENERAL.—$9,000,000 (2) SUPPLEMENTAL FUNDING.— approved, cleared, licensed, or authorized for
shall be used for the Office of Inspector General (A) IN GENERAL.—Not later than 21 days after use for the treatment, prevention, or diagnosis
of the Corporation for National and Community the date of enactment of this Act, the Secretary of COVID–19 by the Food and Drug Administra-
Service for salaries and expenses necessary for shall, out of amounts described in subsection tion.
oversight and audit of programs and activities (a), provide supplemental funding to any State, SEC. 2305. REDUCED COST-SHARING.
funded by subsection (a). locality, or territory that received less of the (a) IN GENERAL.—Section 1402 of the Patient
(c) NATIONAL SERVICE TRUST.—In addition to amounts that were appropriated under title III Protection and Affordable Care Act is amended
amounts otherwise made available, there is ap- of division M of Public Law 116–260 for vaccina- by redesignating subsection (f) as subsection (g)
propriated for fiscal year 2021, out of any money tion grants to be issued by the Centers for Dis- and by inserting after subsection (e) the fol-
in the Treasury not otherwise appropriated, ease Control and Prevention than such State, lowing new subsection:
$148,000,000, to remain available until expended, locality, or territory would have received had ‘‘(f) SPECIAL RULE FOR INDIVIDUALS WHO RE-
for administration of the National Service Trust, such amounts been allocated using the alter- CEIVE UNEMPLOYMENT COMPENSATION DURING
and for payment to the Trust for the provision native allocation. 2021.—For purposes of this section, in the case
of educational awards pursuant to section (B) AMOUNT.—The amount of supplemental of an individual who has received, or has been
145(a)(1)(A) of the National and Community funding provided under this subsection shall be approved to receive, unemployment compensa-
Service Act of 1990 (42 U.S.C. 12601(a)(1)(A)). equal to the difference between— tion for any week beginning during 2021, for the
Subtitle D—Public Health (i) the amount the State, locality, or territory plan year in which such week begins—
received, or would receive, under the base for- ‘‘(1) such individual shall be treated as meet-
SEC. 2301. FUNDING FOR COVID–19 VACCINE AC-
mula; and ing the requirements of subsection (b)(2), and
TIVITIES AT THE CENTERS FOR DIS-
(ii) the amount the State, locality, or territory ‘‘(2) for purposes of subsections (c) and (d),
EASE CONTROL AND PREVENTION.
would receive under the alternative allocation. there shall not be taken into account any
(a) IN GENERAL.—In addition to amounts oth-
SEC. 2302. FUNDING FOR VACCINE CONFIDENCE
household income of the individual in excess of
erwise available, there is appropriated to the 133 percent of the poverty line for a family of
Secretary of Health and Human Services (in this ACTIVITIES.
In addition to amounts otherwise available, the size involved.’’.
subtitle referred to as the ‘‘Secretary’’) for fiscal (b) EFFECTIVE DATE.—The amendment made
year 2021, out of any money in the Treasury not there is appropriated to the Secretary for fiscal
by this section shall apply to plan years begin-
otherwise appropriated, $7,500,000,000, to remain year 2021, out of any money in the Treasury not
ning after December 31, 2020.
available until expended, to carry out activities otherwise appropriated, $1,000,000,000, to remain
available until expended, to carry out activities, Subtitle E—Testing
to plan, prepare for, promote, distribute, admin-
acting through the Director of the Centers for SEC. 2401. FUNDING FOR COVID–19 TESTING, CON-
ister, monitor, and track COVID–19 vaccines.
Disease Control and Prevention— TACT TRACING, AND MITIGATION AC-
(b) USE OF FUNDS.—The Secretary, acting TIVITIES.
through the Director of the Centers for Disease (1) to strengthen vaccine confidence in the
United States, including its territories and pos- (a) IN GENERAL.—In addition to amounts oth-
Control and Prevention, and in consultation erwise available, there is appropriated to the
with other agencies, as applicable, shall, in con- sessions;
(2) to provide further information and edu- Secretary of Health and Human Services (in this
ducting activities referred to in subsection (a)— subtitle referred to as the ‘‘Secretary’’) for fiscal
(1) conduct activities to enhance, expand, and cation with respect to vaccines licensed under
section 351 of the Public Health Service Act (42 year 2021, out of any money in the Treasury not
improve nationwide COVID–19 vaccine distribu- otherwise appropriated, $47,800,000,000, to re-
tion and administration, including activities re- U.S.C. 262) or authorized under section 564 of
the Federal Food, Drug, and Cosmetic Act (21 main available until expended, to carry out ac-
lated to distribution of ancillary medical prod- tivities to detect, diagnose, trace, and monitor
ucts and supplies related to vaccines; and U.S.C. 360bbb–3); and
(3) to improve rates of vaccination throughout SARS–CoV–2 and COVID–19 infections and re-
(2) provide technical assistance, guidance, lated strategies to mitigate the spread of
and support to, and award grants or cooperative the United States, including its territories and
possessions, including through activities de- COVID–19.
agreements to, State, local, Tribal, and terri- (b) USE OF FUNDS.—From amounts appro-
torial public health departments for enhance- scribed in section 313 of the Public Health Serv-
priated by subsection (a), the Secretary shall—
ment of COVID–19 vaccine distribution and ad- ice Act, as amended by section 311 of division (1) implement a national, evidence-based
ministration capabilities, including— BB of the Consolidated Appropriations Act, 2021 strategy for testing, contact tracing, surveil-
(A) the distribution and administration of (Public Law 116–260). lance, and mitigation with respect to SARS–
vaccines licensed under section 351 of the Public SEC. 2303. FUNDING FOR SUPPLY CHAIN FOR CoV–2 and COVID–19, including through activi-
Health Service Act (42 U.S.C. 262) or authorized COVID–19 VACCINES, THERA-
ties authorized under section 319(a) of the Pub-
under section 564 of the Federal Food, Drug, PEUTICS, AND MEDICAL SUPPLIES.
lic Health Service Act;
and Cosmetic Act (21 U.S.C. 360bbb–3) and an- In addition to amounts otherwise available, (2) provide technical assistance, guidance,
cillary medical products and supplies related to there is appropriated to the Secretary for fiscal and support, and award grants or cooperative
vaccines; year 2021, out of any money in the Treasury not agreements to State, local, and territorial public
(B) the establishment and expansion, includ- otherwise appropriated, $6,050,000,000, to remain health departments for activities to detect, diag-
ing staffing support, of community vaccination available until expended, for necessary expenses nose, trace, and monitor SARS–CoV–2 and
centers, particularly in underserved areas; with respect to research, development, manufac- COVID–19 infections and related strategies and
(C) the deployment of mobile vaccination turing, production, and the purchase of vac- activities to mitigate the spread of COVID–19;
units, particularly in underserved areas; cines, therapeutics, and ancillary medical prod- (3) support the development, manufacturing,
(D) information technology, standards-based ucts and supplies to prevent, prepare, or re- procurement, distribution, and administration of
data, and reporting enhancements, including spond to— tests to detect or diagnose SARS–CoV–2 and
improvements necessary to support standards- (1) SARS–CoV–2 or any viral variant mutating COVID–19, including through—
based sharing of data related to vaccine dis- therefrom with pandemic potential; and (A) support for the development, manufacture,
tribution and vaccinations and systems that en- (2) COVID–19 or any disease with potential procurement, and distribution of supplies nec-
hance vaccine safety, effectiveness, and uptake, for creating a pandemic. essary for administering tests, such as personal
particularly among underserved populations; SEC. 2304. FUNDING FOR COVID–19 VACCINE, protective equipment; and
(E) facilities enhancements; THERAPEUTIC, AND DEVICE ACTIVI- (B) support for the acquisition, construction,
(F) communication with the public regarding TIES AT THE FOOD AND DRUG AD- alteration, or renovation of non-federally owned
when, where, and how to receive COVID–19 MINISTRATION.
facilities for the production of diagnostics and
vaccines; and In addition to amounts otherwise available, ancillary medical products and supplies where
(G) transportation of individuals to facilitate there is appropriated to the Secretary for fiscal the Secretary determines that such an invest-
vaccinations, including at community vaccina- year 2021, out of any money in the Treasury not ment is necessary to ensure the production of
tion centers and mobile vaccination units, par- otherwise appropriated, $500,000,000, to remain sufficient amounts of such supplies;
ticularly for underserved populations. available until expended, to be used for the (4) establish and expand Federal, State, local,
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(c) SUPPLEMENTAL FUNDING FOR STATE VAC- evaluation of the continued performance, safe- and territorial testing and contact tracing capa-
CINATION GRANTS.— ty, and effectiveness, including with respect to bilities, including—
(1) DEFINITIONS.—In this subsection: emerging COVID–19 variants, of vaccines, (A) through investments in laboratory capac-
(A) BASE FORMULA.—The term ‘‘base formula’’ therapeutics, and diagnostics approved, cleared, ity, such as—
means the allocation formula that applied to the licensed, or authorized for use for the treatment, (i) academic and research laboratories, or
Public Health Emergency Preparedness coopera- prevention, or diagnosis of COVID–19; facilita- other laboratories that could be used for proc-
tive agreement in fiscal year 2020. tion of advanced continuous manufacturing ac- essing of COVID–19 testing;
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1207
(ii) community-based testing sites and commu- logical threats, including academic and work- Papa Ola Lokahi and to qualified entities under
nity-based organizations; or force support for analytics and informatics in- sections 4 and 6 of the Native Hawaiian Health
(iii) mobile health units, particularly in medi- frastructure and data collection systems. Care Improvement Act (42 U.S.C. 11703, 11705).
cally underserved areas; and Subtitle F—Public Health Workforce (b) USE OF FUNDS.—Amounts made available
(B) with respect to quarantine and isolation SEC. 2501. FUNDING FOR PUBLIC HEALTH WORK-
to an awardee pursuant to subsection (a) shall
of contacts; FORCE. be used—
(5) enhance information technology, data (1) to plan, prepare for, promote, distribute,
(a) IN GENERAL.—In addition to amounts oth-
modernization, and reporting, including im- administer, and track COVID–19 vaccines, and
erwise available, there is appropriated to the
provements necessary to support sharing of data to carry out other vaccine-related activities;
Secretary of Health and Human Services (in this
related to public health capabilities; (2) to detect, diagnose, trace, and monitor
subtitle referred to as the ‘‘Secretary’’) for fiscal
(6) award grants to, or enter into cooperative COVID–19 infections and related activities nec-
year 2021, out of any money in the Treasury not
agreements or contracts with, State, local, and essary to mitigate the spread of COVID–19, in-
otherwise appropriated, $7,660,000,000, to remain
territorial public health departments to estab- cluding activities related to, and equipment or
available until expended, to carry out activities
lish, expand, and sustain a public health work- supplies purchased for, testing, contact tracing,
related to establishing, expanding, and sus-
force; and surveillance, mitigation, and treatment of
taining a public health workforce, including by
(7) to cover administrative and program sup- COVID–19;
making awards to State, local, and territorial (3) to purchase equipment and supplies to
port costs necessary to conduct activities related public health departments.
to subparagraph (a). conduct mobile testing or vaccinations for
(b) USE OF FUNDS FOR PUBLIC HEALTH DE-
SEC. 2402. FUNDING FOR SARS–COV–2 GENOMIC COVID–19, to purchase and maintain mobile ve-
PARTMENTS.—Amounts made available to an
SEQUENCING AND SURVEILLANCE. hicles and equipment to conduct such testing or
awardee pursuant to subsection (a) shall be
(a) IN GENERAL.—In addition to amounts oth- vaccinations, and to hire and train laboratory
used for the following:
erwise available, there is appropriated to the personnel and other staff to conduct such mo-
(1) Costs, including wages and benefits, re-
Secretary for fiscal year 2021 out of any money bile testing or vaccinations, particularly in
lated to the recruiting, hiring, and training of
in the Treasury not otherwise appropriated, medically underserved areas;
individuals—
$1,750,000,000, to remain available until ex- (4) to establish, expand, and sustain the
(A) to serve as case investigators, contact
pended, to strengthen and expand activities and health care workforce to prevent, prepare for,
tracers, social support specialists, community
workforce related to genomic sequencing, ana- and respond to COVID–19, and to carry out
health workers, public health nurses, disease
lytics, and disease surveillance. other health workforce-related activities;
intervention specialists, epidemiologists, pro-
(b) USE OF FUNDS.—From amounts appro- (5) to modify, enhance, and expand health
gram managers, laboratory personnel,
priated by subsection (a), the Secretary, acting care services and infrastructure; and
informaticians, communication and policy ex- (6) to conduct community outreach and edu-
through the Director of the Centers for Disease perts, and any other positions as may be re- cation activities related to COVID–19.
Control and Prevention, shall— quired to prevent, prepare for, and respond to (c) PAST EXPENDITURES.—An awardee may
(1) conduct, expand, and improve activities to COVID–19; and use amounts awarded pursuant to subsection (a)
sequence genomes, identify mutations, and sur- (B) who are employed by— to cover the costs of the awardee carrying out
vey the circulation and transmission of viruses (i) the State, territorial, or local public health any of the activities described in subsection (b)
and other organisms, including strains of SARS– department involved; or during the period beginning on the date of the
CoV–2; (ii) a nonprofit private or public organization
declaration of a public health emergency by the
(2) award grants or cooperative agreements to with demonstrated expertise in implementing
Secretary under section 319 of the Public Health
State, local, Tribal, or territorial public health public health programs and established relation-
Service Act (42 U.S.C. 247d) on January 31, 2020,
departments or public health laboratories— ships with such State, territorial, or local public
with respect to COVID–19 and ending on the
(A) to increase their capacity to sequence health departments, particularly in medically
date of such award.
genomes of circulating strains of viruses and underserved areas.
SEC. 2602. FUNDING FOR NATIONAL HEALTH
other organisms, including SARS–CoV–2; (2) Personal protective equipment, data man-
SERVICE CORPS.
(B) to identify mutations in viruses and other agement and other technology, or other nec-
(a) IN GENERAL.—In addition to amounts oth-
organisms, including SARS–CoV–2; essary supplies.
(3) Administrative costs and activities nec- erwise available, there is appropriated to the
(C) to use genomic sequencing to identify out-
essary for awardees to implement activities Secretary for fiscal year 2021, out of any money
breaks and clusters of diseases or infections, in-
funded under this section. in the Treasury not otherwise appropriated,
cluding COVID–19; and
(4) Subawards from recipients of awards $800,000,000, to remain available until expended,
(D) to develop effective disease response strat-
under subsection (a) to local health departments for carrying out sections 338A, 338B, and 338I of
egies based on genomic sequencing and surveil-
for the purposes of the activities funded under the Public Health Service Act (42 U.S.C. 254l,
lance data;
this section. 254l–1, 254q–1) with respect to the health work-
(3) enhance and expand the informatics capa-
force.
bilities of the public health workforce; and SEC. 2502. FUNDING FOR MEDICAL RESERVE
CORPS.
(b) STATE LOAN REPAYMENT PROGRAMS.—
(4) award grants for the construction, alter-
(1) IN GENERAL.—Of the amount made avail-
ation, or renovation of facilities to improve In addition to amounts otherwise available,
able pursuant to subsection (a), $100,000,000
genomic sequencing and surveillance capabili- there is appropriated to the Secretary for fiscal
shall be made available for providing primary
ties at the State and local level. year 2021, out of any money in the Treasury not
health services through grants to States under
SEC. 2403. FUNDING FOR GLOBAL HEALTH. otherwise appropriated, $100,000,000, to remain
section 338I(a) of the Public Health Service Act
In addition to amounts otherwise available, available until expended, for carrying out sec-
(42 U.S.C. 254q–1(a)).
there is appropriated to the Secretary for fiscal tion 2813 of the Public Health Service Act (42 (2) CONDITIONS.—With respect to grants de-
year 2021, out of any amounts in the Treasury U.S.C. 300hh–15). scribed in paragraph (1) using funds made
not otherwise appropriated, $750,000,000, to re- Subtitle G—Public Health Investments available under such paragraph:
main available until expended, for activities to SEC. 2601. FUNDING FOR COMMUNITY HEALTH (A) Section 338I(b) of the Public Health Serv-
be conducted acting through the Director of the CENTERS AND COMMUNITY CARE. ice Act (42 U.S.C. 254q–1(b)) shall not apply.
Centers for Disease Control and Prevention to (a) IN GENERAL.—In addition to amounts oth- (B) Notwithstanding section 338I(d)(2) of the
combat SARS–CoV–2, COVID–19, and other erwise available, there is appropriated to the Public Health Service Act (42 U.S.C. 254q–
emerging infectious disease threats globally, in- Secretary of Health and Human Services (in this 1(d)(2)), not more than 10 percent of an award
cluding efforts related to global health security, subtitle referred to as the ‘‘Secretary’’) for fiscal to a State from such amounts, may be used by
global disease detection and response, global year 2021, out of any money in the Treasury not the State for costs of administering the State
health protection, global immunization, and otherwise appropriated, $7,600,000,000, to remain loan repayment program.
global coordination on public health. available until expended, for necessary expenses SEC. 2603. FUNDING FOR NURSE CORPS.
SEC. 2404. FUNDING FOR DATA MODERNIZATION for awarding grants and cooperative agreements In addition to amounts otherwise available,
AND FORECASTING CENTER. under section 330 of the Public Health Service there is appropriated to the Secretary for fiscal
In addition to amounts otherwise available, Act (42 U.S.C. 254b) to be awarded without re- year 2021, out of any money in the Treasury not
there is appropriated to the Secretary for fiscal gard to the time limitation in subsection (e)(3) otherwise appropriated, $200,000,000, to remain
year 2021, out of any money in the Treasury not and subsections (e)(6)(A)(iii), (e)(6)(B)(iii), and available until expended, for carrying out sec-
otherwise appropriated, $500,000,000, to remain (r)(2)(B) of such section 330, and for necessary tion 846 of the Public Health Service Act (42
available until expended, for activities to be expenses for awarding grants to Federally quali- U.S.C. 297n).
conducted acting through the Director of the fied health centers, as described in section SEC. 2604. FUNDING FOR TEACHING HEALTH CEN-
Centers for Disease Control and Prevention to 1861(aa)(4)(B) of the Social Security Act (42 TERS THAT OPERATE GRADUATE
dlhill on DSK120RN23PROD with HOUSE
support public health data surveillance and U.S.C.1395x(aa)(4)(B)), and for awarding grants MEDICAL EDUCATION.
analytics infrastructure modernization initia- or contracts to Papa Ola Lokahi and to quali- (a) IN GENERAL.—In addition to amounts oth-
tives at the Centers for Disease Control and Pre- fied entities under sections 4 and 6 of the Native erwise available, and notwithstanding the
vention, and establish, expand, and maintain Hawaiian Health Care Improvement Act (42 capped amount referenced in sections 340H(b)(2)
efforts to modernize the United States disease U.S.C. 11703, 11705). Of the total amount appro- and 340H(d)(2) of the Public Health Service Act
warning system to forecast and track hotspots priated by the preceding sentence, not less than (42 U.S.C. 256h(b)(2) and (d)(2)), there is appro-
for COVID–19, its variants, and emerging bio- $20,000,000 shall be for grants or contracts to priated to the Secretary for fiscal year 2021, out
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H1208 CONGRESSIONAL RECORD — HOUSE March 10, 2021
of any money in the Treasury not otherwise ap- U.S.C. 290bb–21(d)). Notwithstanding section ters, to establish, enhance, or expand evidence-
propriated, $330,000,000, to remain available 1952 of the Public Health Service Act (42 U.S.C. informed programs or protocols to promote men-
until September 30, 2023, for the program of pay- 300x–62), any amount awarded to a State out of tal health among their providers, other per-
ments to teaching health centers that operate amounts appropriated by this section shall be sonnel, and members.
graduate medical education under section 340H expended by the State by September 30, 2025. SEC. 2706.FUNDING FOR COMMUNITY-BASED
of the Public Health Service Act (42 U.S.C. 256h) SEC. 2703. FUNDING FOR MENTAL HEALTH AND FUNDING FOR LOCAL SUBSTANCE
and for teaching health center development SUBSTANCE USE DISORDER TRAIN- USE DISORDER SERVICES.
grants authorized under section 749A of the ING FOR HEALTH CARE PROFES- (a) IN GENERAL.—In addition to amounts oth-
Public Health Service Act (42 U.S.C. 293l–1). SIONALS, PARAPROFESSIONALS, erwise available, there is appropriated to the
AND PUBLIC SAFETY OFFICERS. Secretary for fiscal year 2021, out of any money
(b) USE OF FUNDS.—Amounts made available
pursuant to subsection (a) shall be used for the (a) IN GENERAL.—In addition to amounts oth- in the Treasury not otherwise appropriated,
following activities: erwise available, there is appropriated to the $30,000,000, to remain available until expended,
(1) For making payments to establish new ap- Secretary for fiscal year 2021, out of any money to carry out the purpose described in subsection
proved graduate medical residency training pro- in the Treasury not otherwise appropriated, (b).
grams pursuant to section 340H(a)(1)(C) of the $80,000,000, to remain available until expended, (b) USE OF FUNDS.—
Public Health Service Act (42 U.S.C. for the purpose described in subsection (b). (1) IN GENERAL.—The Secretary, acting
(b) USE OF FUNDING.—The Secretary, acting through the Assistant Secretary for Mental
256h(a)(1)(C)).
(2) To provide an increase to the per resident through the Administrator of the Health Re- Health and Substance Use and in consultation
amount described in section 340H(a)(2) of the sources and Services Administration, shall, tak- with the Director of the Centers for Disease
Public Health Service Act (42 U.S.C. 256h(a)(2)) ing into consideration the needs of rural and Control and Prevention, shall award grants to
of $10,000. medically underserved communities, use support States; local, Tribal, and territorial gov-
(3) For making payments under section amounts appropriated by subsection (a) to ernments; Tribal organizations; nonprofit com-
340H(a)(1)(A) of the Public Health Service Act award grants or contracts to health professions munity-based organizations; and primary and
(42 U.S.C. 256h(a)(1)(A))) to qualified teaching schools, academic health centers, State or local behavioral health organizations to support com-
health centers for maintenance of filled posi- governments, Indian Tribes and Tribal organi- munity-based overdose prevention programs, sy-
tions at existing approved graduate medical resi- zations, or other appropriate public or private ringe services programs, and other harm reduc-
dency training programs. nonprofit entities (or consortia of entities, in- tion services.
(4) For making payments under section cluding entities promoting multidisciplinary ap- (2) USE OF GRANT FUNDS.—Grant funds
340H(a)(1)(B) of the Public Health Service Act proaches), to plan, develop, operate, or partici- awarded under this section to eligible entities
(42 U.S.C. 256h(a)(1)(B)) for the expansion of pate in health professions and nursing training shall be used for preventing and controlling the
existing approved graduate medical residency activities for health care students, residents, spread of infectious diseases and the con-
training programs. professionals, paraprofessionals, trainees, and sequences of such diseases for individuals with
(5) For making awards under section 749A of public safety officers, and employers of such in- substance use disorder, distributing opioid over-
the Public Health Service Act (42 U.S.C. 293l–1) dividuals, in evidence-informed strategies for re- dose reversal medication to individuals at risk of
to teaching health centers for the purpose of es- ducing and addressing suicide, burnout, mental overdose, connecting individuals at risk for, or
tablishing new accredited or expanded primary health conditions, and substance use disorders with, a substance use disorder to overdose edu-
care residency programs. among health care professionals. cation, counseling, and health education, and
(6) To cover administrative costs and activities SEC. 2704. FUNDING FOR EDUCATION AND encouraging such individuals to take steps to re-
AWARENESS CAMPAIGN ENCOUR- duce the negative personal and public health
necessary for qualified teaching health centers
AGING HEALTHY WORK CONDITIONS impacts of substance use or misuse.
receiving payments under section 340H of the AND USE OF MENTAL HEALTH AND
Public Health Service Act (42 U.S.C. 256h) to SUBSTANCE USE DISORDER SERV- SEC. 2707.FUNDING FOR COMMUNITY-BASED
carry out activities under such section. ICES BY HEALTH CARE PROFES- FUNDING FOR LOCAL BEHAVIORAL
SIONALS. HEALTH NEEDS.
SEC. 2605. FUNDING FOR FAMILY PLANNING.
(a) IN GENERAL.—In addition to amounts oth- (a) IN GENERAL.—In addition to amounts oth-
In addition to amounts otherwise available,
erwise available, there is appropriated to the erwise available, there is appropriated to the
there is appropriated to the Secretary for fiscal
Secretary for fiscal year 2021, out of any money Secretary for fiscal year 2021, out of any money
year 2021, out of any money in the Treasury not
in the Treasury not otherwise appropriated, in the Treasury not otherwise appropriated,
otherwise appropriated, $50,000,000, to remain
$20,000,000, to remain available until expended, $50,000,000, to remain available until expended,
available until expended, for necessary expenses
for the purpose described in subsection (b). to carry out the purpose described in subsection
for making grants and contracts under section
(b) USE OF FUNDS.—The Secretary, acting (b).
1001 of the Public Health Service Act (42 U.S.C. (b) USE OF FUNDS.—
300). through the Director of the Centers for Disease
Control and Prevention and in consultation (1) IN GENERAL.—The Secretary, acting
Subtitle H—Mental Health and Substance Use through the Assistant Secretary for Mental
with the medical professional community, shall
Disorder Health and Substance Use, shall award grants
use amounts appropriated by subsection (a) to
SEC. 2701. FUNDING FOR BLOCK GRANTS FOR carry out a national evidence-based education to State, local, Tribal, and territorial govern-
COMMUNITY MENTAL HEALTH SERV-
and awareness campaign directed at health care ments, Tribal organizations, nonprofit commu-
ICES. nity-based entities, and primary care and be-
professionals and first responders (such as emer-
In addition to amounts otherwise available, havioral health organizations to address in-
gency medical service providers), and employers
there is appropriated to the Secretary of Health creased community behavioral health needs
of such professionals and first responders. Such
and Human Services (in this subtitle referred to worsened by the COVID–19 public health emer-
awareness campaign shall—
as the ‘‘Secretary’’) for fiscal year 2021, out of (1) encourage primary prevention of mental gency.
any money in the Treasury not otherwise appro- health conditions and substance use disorders (2) USE OF GRANT FUNDS.—Grant funds
priated, $1,500,000,000, to remain available until and secondary and tertiary prevention by en- awarded under this section to eligible entities
expended, for carrying out subpart I of part B couraging health care professionals to seek sup- shall be used for promoting care coordination
of title XIX of the Public Health Service Act (42 port and treatment for their own mental health among local entities; training the mental and
U.S.C. 300x et seq.), subpart III of part B of title and substance use concerns; and behavioral health workforce, relevant stake-
XIX of such Act (42 U.S.C. 300x–51 et seq.), and (2) help such professionals to identify risk fac- holders, and community members; expanding
section 505(c) of such Act (42 U.S.C. 290aa–4(c)) tors in themselves and others and respond to evidence-based integrated models of care; ad-
with respect to mental health. Notwithstanding such risks. dressing surge capacity for mental and behav-
section 1952 of the Public Health Service Act (42 SEC. 2705. FUNDING FOR GRANTS FOR HEALTH
ioral health needs; providing mental and behav-
U.S.C. 300x–62), any amount awarded to a State CARE PROVIDERS TO PROMOTE MEN- ioral health services to individuals with mental
out of amounts appropriated by this section TAL HEALTH AMONG THEIR HEALTH health needs (including co-occurring substance
shall be expended by the State by September 30, PROFESSIONAL WORKFORCE. use disorders) as delivered by behavioral and
2025. (a) IN GENERAL.—In addition to amounts oth- mental health professionals utilizing telehealth
SEC. 2702. FUNDING FOR BLOCK GRANTS FOR erwise available, there is appropriated to the services; and supporting, enhancing, or expand-
PREVENTION AND TREATMENT OF Secretary for fiscal year 2021, out of any money ing mental and behavioral health preventive
SUBSTANCE ABUSE. in the Treasury not otherwise appropriated, and crisis intervention services.
In addition to amounts otherwise available, $40,000,000, to remain available until expended, SEC. 2708. FUNDING FOR THE NATIONAL CHILD
there is appropriated to the Secretary for fiscal for the purpose described in subsection (b). TRAUMATIC STRESS NETWORK.
year 2021, out of any money in the Treasury not (b) USE OF FUNDS.—The Secretary, acting In addition to amounts otherwise available,
otherwise appropriated, $1,500,000,000, to remain through the Administrator of the Health Re- there is appropriated to the Secretary for fiscal
dlhill on DSK120RN23PROD with HOUSE
available until expended, for carrying out sub- sources and Services Administration, shall, tak- year 2021, out of any money in the Treasury not
part II of part B of title XIX of the Public ing into consideration the needs of rural and otherwise appropriated, $10,000,000, to remain
Health Service Act (42 U.S.C. 300x–21 et seq.), medically underserved communities, use available until expended, for carrying out sec-
subpart III of part B of title XIX of such Act (42 amounts appropriated by subsection (a) to tion 582 of the Public Health Service Act (42
U.S.C. 300x–51 et seq.), section 505(d) of such award grants or contracts to entities providing U.S.C. 290hh–1) with respect to addressing the
Act (42 U.S.C. 290aa–4(d)) with respect to sub- health care, including health care providers as- problem of high-risk or medically underserved
stance abuse, and section 515(d) of such Act (42 sociations and Federally qualified health cen- persons who experience violence-related stress.
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1209
SEC. 2709. FUNDING FOR PROJECT AWARE. (A) by striking ‘‘March 14, 2021’’ and insert- in effect on the day before the date of enactment
In addition to amounts otherwise available, ing ‘‘September 6, 2021’’; of this Act.
there is appropriated to the Secretary for fiscal (B) by striking ‘‘or July 1, 2020’’ and inserting SEC. 2904. RAILROAD RETIREMENT BOARD AND
year 2021, out of any money in the Treasury not ‘‘July 1, 2020, or July 1, 2021’’; and OFFICE OF THE INSPECTOR GEN-
otherwise appropriated, $30,000,000, to remain (2) in the fourth sentence, by striking ‘‘March ERAL FUNDING.
available until expended, for carrying out sec- 14, 2021’’ and inserting ‘‘September 6, 2021’’. In addition to amounts otherwise made avail-
tion 520A of the Public Health Service Act (42 (b) CLARIFICATION ON AUTHORITY TO USE able, there are appropriated for fiscal year 2021,
U.S.C. 290bb–32) with respect to advancing FUNDS.—Funds appropriated under subpara- out of any money in the Treasury not otherwise
wellness and resiliency in education. graph (B) of section 2(a)(5) of the Railroad Un- appropriated—
SEC. 2710. FUNDING FOR YOUTH SUICIDE PRE- employment Insurance Act (45 U.S.C. 352(a)(5)) (1) $27,975,000, to remain available until ex-
VENTION. shall be available to cover the cost of recovery pended, for the Railroad Retirement Board, to
In addition to amounts otherwise available, benefits provided under such section 2(a)(5) by prevent, prepare for, and respond to
there is appropriated to the Secretary for fiscal reason of the amendments made by subsection coronavirus, of which—
year 2021, out of any money in the Treasury not (a) as well as to cover the cost of such benefits (A) $6,800,000 shall be for additional hiring
otherwise appropriated, $20,000,000, to remain provided under such section 2(a)(5) as in effect and overtime bonuses as needed to administer
available until expended, for carrying out sec- on the day before the date of enactment of this the Railroad Unemployment Insurance Act; and
tions 520E and 520E–2 of the Public Health Serv- Act. (B) $21,175,000 shall be to supplement, not
ice Act (42 U.S.C. 290bb–36, 290bb–36b). SEC. 2902. EXTENDED UNEMPLOYMENT BENEFITS supplant, existing resources devoted to oper-
SEC. 2711. FUNDING FOR BEHAVIORAL HEALTH UNDER THE RAILROAD UNEMPLOY- ations and improvements for the Information
WORKFORCE EDUCATION AND MENT INSURANCE ACT. Technology Investment Initiatives of the Rail-
TRAINING. (a) IN GENERAL.—Section 2(c)(2)(D) of the road Retirement Board; and
In addition to amounts otherwise available, Railroad Unemployment Insurance Act (45 (2) $500,000, to remain available until ex-
there is appropriated to the Secretary for fiscal U.S.C. 352(c)(2)(D)) is amended— pended, for the Railroad Retirement Board Of-
year 2021, out of any money in the Treasury not (1) in clause (i)— fice of Inspector General for audit, investigatory
otherwise appropriated, $100,000,000, to remain (A) in subclause (I), by striking ‘‘185 days’’ and review activities.
available until expended, for carrying out sec- and inserting ‘‘330 days’’;
Subtitle K—Ratepayer Protection
tion 756 of the Public Health Service Act (42 (B) in subclause (II),
U.S.C. 294e–1). (i) by striking ‘‘19 consecutive 14-day periods’’ SEC. 2911. FUNDING FOR LIHEAP.
SEC. 2712. FUNDING FOR PEDIATRIC MENTAL and inserting ‘‘33 consecutive 14-day periods’’; In addition to amounts otherwise available,
HEALTH CARE ACCESS. and there is appropriated for fiscal year 2021, out of
In addition to amounts otherwise available, (ii) by striking ‘‘6 consecutive 14-day periods’’ any amounts in the Treasury not otherwise ap-
there is appropriated to the Secretary for fiscal and inserting ‘‘20 consecutive 14-day periods’’; propriated, $4,500,000,000, to remain available
year 2021, out of any money in the Treasury not (2) in clause (ii)— through September 30, 2022, for additional fund-
otherwise appropriated, $80,000,000, to remain (A) by striking ‘‘120 days of unemployment’’ ing to provide payments under section 2602(b) of
available until expended, for carrying out sec- and inserting ‘‘265 days of unemployment’’; the Low-Income Home Energy Assistance Act of
tion 330M of the Public Health Service Act (42 (B) by striking ‘‘12 consecutive 14-day peri- 1981 (42 U.S.C. 8621(b)), except that—
U.S.C. 254c–19). ods’’ and inserting ‘‘27 consecutive 14-day peri- (1) $2,250,000,000 of such amounts shall be al-
SEC. 2713. FUNDING FOR EXPANSION GRANTS ods’’; and located as though the total appropriation for
FOR CERTIFIED COMMUNITY BEHAV- (C) by striking ‘‘6 consecutive 14-day periods’’ such payments for fiscal year 2021 was less than
IORAL HEALTH CLINICS. and inserting ‘‘20 consecutive 14-day periods’’; $1,975,000,000; and
In addition to amounts otherwise available, (3) in clause (iii)— (2) section 2607(b)(2)(B) of such Act (42 U.S.C.
there is appropriated to the Secretary, acting (A) by striking ‘‘June 30, 2021’’ and inserting 8626(b)(2)(B)) shall not apply to funds appro-
through the Assistant Secretary for Mental ‘‘June 30, 2022’’; and priated under this section for fiscal year 2021.
Health and Substance Use, for fiscal year 2021, (B) by striking ‘‘the provisions of clauses (i) SEC. 2912. FUNDING FOR WATER ASSISTANCE
out of any money in the Treasury not otherwise and (ii) shall not apply to any employee whose PROGRAM.
appropriated, $420,000,000, to remain available extended benefit period under subparagraph (B) (a) IN GENERAL.—In addition to amounts oth-
until expended, for grants to communities and begins after March 14, 2021, and shall not apply erwise available, there is appropriated to the
community organizations that meet the criteria to any employee with respect to any registration Secretary of Health and Human Services (in this
for Certified Community Behavioral Health period beginning after April 5, 2021.’’ and insert- section referred to as the ‘‘Secretary’’) for fiscal
Clinics pursuant to section 223(a) of the Pro- ing ‘‘the provisions of clauses (i) and (ii) shall year 2021, out of any amounts in the Treasury
tecting Access to Medicare Act of 2014 (42 U.S.C. not apply to any employee with respect to any not otherwise appropriated, $500,000,000, to re-
1396a note). registration period beginning after September 6, main available until expended, for grants to
2021.’’; and States and Indian Tribes to assist low-income
Subtitle I—Exchange Grant Program
(4) in clause (v), by adding at the end the fol- households, particularly those with the lowest
SEC. 2801. ESTABLISHING A GRANT PROGRAM lowing: ‘‘In addition to the amount appro-
FOR EXCHANGE MODERNIZATION. incomes, that pay a high proportion of house-
priated by the preceding two sentences, out of hold income for drinking water and wastewater
(a) IN GENERAL.—Out of funds appropriated any funds in the Treasury not otherwise appro-
under subsection (b), the Secretary of Health services, by providing funds to owners or opera-
priated, there are appropriated $2,000,000 to tors of public water systems or treatment works
and Human Services (in this subtitle referred to cover the cost of additional extended unemploy-
as the ‘‘Secretary’’) shall award grants to each to reduce arrearages of and rates charged to
ment benefits provided under this subpara- such households for such services.
American Health Benefits Exchange established graph, to remain available until expended.’’.
under section 1311(b) of the Patient Protection (b) ALLOTMENT.—The Secretary shall—
(b) CLARIFICATION ON AUTHORITY TO USE (1) allot amounts appropriated in this section
and Affordable Care Act (42 U.S.C. 18031(b)) FUNDS.—Funds appropriated under the first,
(other than an Exchange established by the Sec- to a State or Indian Tribe based on—
second, or third sentence of clause (v) of section (A) the percentage of households in the State,
retary under section 1321(c) of such Act (42 2(c)(2)(D) of the Railroad Unemployment Insur-
U.S.C. 18041(c))) that submits to the Secretary or under the jurisdiction of the Indian Tribe,
ance Act shall be available to cover the cost of with income equal or less than 150 percent of the
an application at such time and in such man- additional extended unemployment benefits pro-
ner, and containing such information, as speci- Federal poverty line; and
vided under such section 2(c)(2)(D) by reason of (B) the percentage of households in the State,
fied by the Secretary, for purposes of enabling the amendments made by subsection (a) as well
such Exchange to modernize or update any sys- or under the jurisdiction of the Indian Tribe,
as to cover the cost of such benefits provided that spend more than 30 percent of monthly in-
tem, program, or technology utilized by such Ex- under such section 2(c)(2)(D) as in effect on the
change to ensure such Exchange is compliant come on housing; and
day before the date of enactment of this Act. (2) reserve up to 3 percent of the amount ap-
with all applicable requirements. SEC. 2903. EXTENSION OF WAIVER OF THE 7-DAY
(b) FUNDING.—In addition to amounts other- propriated in this section for Indian Tribes and
WAITING PERIOD FOR BENEFITS tribal organizations.
wise available, there is appropriated, for fiscal UNDER THE RAILROAD UNEMPLOY-
year 2021, out of any money in the Treasury not MENT INSURANCE ACT.
(c) DEFINITION.—In this section, the term
otherwise appropriated, $20,000,000, to remain ‘‘State’’ means each of the 50 States of the
(a) IN GENERAL.—Section 2112(a) of the
available until September 30, 2022, for carrying United States, the District of Columbia, the
CARES Act (15 U.S.C. 9030(a)) is amended by
out this section. Commonwealth of Puerto Rico, American
striking ‘‘March 14, 2021’’ and inserting ‘‘Sep-
Samoa, Guam, the United States Virgin Islands,
Subtitle J—Continued Assistance to Rail tember 6, 2021’’.
and the Commonwealth of the Northern Mar-
Workers (b) CLARIFICATION ON AUTHORITY TO USE
iana Islands.
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SEC. 2901. ADDITIONAL ENHANCED BENEFITS FUNDS.—Funds appropriated under section
UNDER THE RAILROAD UNEMPLOY- 2112(c) of the CARES Act (15 U.S.C. 9030(c)) Subtitle L—Assistance for Older Americans,
MENT INSURANCE ACT. shall be available to cover the cost of additional Grandfamilies, and Kinship Families
(a) IN GENERAL.—Section 2(a)(5)(A) of the benefits payable due to section 2112(a) of such SEC. 2921. SUPPORTING OLDER AMERICANS AND
Railroad Unemployment Insurance Act (45 Act by reason of the amendments made by sub- THEIR FAMILIES.
U.S.C. 352(a)(5)(A)) is amended— section (a) as well as to cover the cost of such (a) APPROPRIATION.—In addition to amounts
(1) in the first sentence— benefits payable due to such section 2112(a) as otherwise available, there is appropriated for
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H1210 CONGRESSIONAL RECORD — HOUSE March 10, 2021
fiscal year 2021, out of any money in the Treas- and entities across systems that directly work able until September 30, 2027, for making pay-
ury not otherwise appropriated, $1,434,000,000, with grandfamilies and kinship families; ments to eligible grantees under this section—
to remain available until expended, to carry out (4) help government programs, nonprofit and (2) RESERVATION OF FUNDS.—Of the amount
the Older Americans Act of 1965. other community-based organizations, and In- appropriated under paragraph (1), the Secretary
(b) ALLOCATION OF AMOUNTS.—Amounts made dian Tribes, Tribal organizations, and urban In- shall reserve—
available by subsection (a) shall be available as dian organizations, serving grandfamilies and (A) $305,000,000 for making payments under
follows: kinship families, to plan and coordinate re- this section to the Commonwealth of Puerto
(1) $750,000,000 shall be available to carry out sponses to assist grandfamilies and kinship fam- Rico, the United States Virgin Islands, Guam,
part C of title III of such Act. ilies during national, State, Tribal, territorial, the Commonwealth of the Northern Mariana Is-
(2) $25,000,000 shall be available to carry out and local emergencies and disasters; and lands, and American Samoa;
title VI of such Act, including part C of such (5) assist government programs, and nonprofit (B) $30,000,000 for costs of the Secretary for
title. and other community-based organizations, in the administration of emergency rental assist-
(3) $460,000,000 shall be available to carry out promoting equity and implementing culturally ance programs and technical assistance to re-
part B of title III of such Act, including for— and linguistically appropriate approaches as the cipients of any grants made by the Secretary to
(A) supportive services of the types made programs and organizations serve grandfamilies provide financial and other assistance to rent-
available for fiscal year 2020; and kinship families. ers;
(B) efforts related to COVID–19 vaccination (C) $3,000,000 for administrative expenses of
TITLE III—COMMITTEE ON BANKING,
outreach, including education, communication, the Inspector General relating to oversight of
HOUSING, AND URBAN AFFAIRS
transportation, and other activities to facilitate funds provided in this section; and
vaccination of older individuals; and Subtitle A—Defense Production Act of 1950 (D) $2,500,000,000 for payments to high-need
(C) prevention and mitigation activities re- SEC. 3101. COVID–19 EMERGENCY MEDICAL SUP- grantees as provided in this section.
lated to COVID–19 focused on addressing ex- PLIES ENHANCEMENT. (b) ALLOCATION OF FUNDS TO ELIGIBLE
tended social isolation among older individuals, (a) SUPPORTING ENHANCED USE OF THE DE- GRANTEES.—
including activities for investments in techno- FENSE PRODUCTION ACT OF 1950.—In addition to (1) ALLOCATION FOR STATES AND UNITS OF
logical equipment and solutions or other strate- funds otherwise available, there is appropriated, LOCAL GOVERNMENT.—
gies aimed at alleviating negative health effects for fiscal year 2021, out of any money in the (A) IN GENERAL.—The amount appropriated
of social isolation due to long-term stay-at-home Treasury not otherwise appropriated, under paragraph (1) of subsection (a) that re-
recommendations for older individuals for the $10,000,000,000, to remain available until Sep- mains after the application of paragraph (2) of
duration of the COVID–19 public health emer- tember 30, 2025, to carry out titles I, III, and VII such subsection shall be allocated to eligible
gency. of such Act in accordance with subsection (b). grantees described in subparagraphs (A) and (B)
(4) $44,000,000 shall be available to carry out (b) MEDICAL SUPPLIES AND EQUIPMENT.— of subsection (f)(1) in the same manner as the
part D of title III of such Act. (1) TESTING, PPE, VACCINES, AND OTHER MATE- amount appropriated under section 501 of sub-
(5) $145,000,000 shall be available to carry out RIALS.—Except as provided in paragraph (2), title A of title V of division N of the Consoli-
part E of title III of such Act. amounts appropriated in subsection (a) shall be dated Appropriations Act, 2021 (Public Law 116–
(6) $10,000,000 shall be available to carry out used for the purchase, production (including the 260) is allocated to States and units of local gov-
the long-term care ombudsman program under construction, repair, and retrofitting of govern- ernment under subsection (b)(1) of such section,
title VII of such Act. ment-owned or private facilities as necessary), except that section 501(b) of such subtitle A
SEC. 2922. NATIONAL TECHNICAL ASSISTANCE or distribution of medical supplies and equip- shall be applied—
CENTER ON GRANDFAMILIES AND ment (including durable medical equipment) re- (i) without regard to clause (i) of paragraph
KINSHIP FAMILIES. lated to combating the COVID–19 pandemic, in- (1)(A);
(a) IN GENERAL.—In addition to amounts oth- cluding— (ii) by deeming the amount appropriated
erwise available, there is appropriated to the (A) in vitro diagnostic products for the detec- under paragraph (1) of subsection (a) of this Act
Secretary of Health and Human Services for fis- tion of SARS–CoV–2 or the diagnosis of the that remains after the application of paragraph
cal year 2021, out of any money in the Treasury virus that causes COVID–19, and the reagents (2) of such subsection to be the amount deemed
not otherwise appropriated, $10,000,000, to re- and other materials necessary for producing, to apply for purposes of applying clause (ii) of
main available through September 30, 2025, for conducting, or administering such products, and section 501(b)(1)(A) of such subtitle A;
the Secretary, acting through the Administrator the machinery, equipment, laboratory capacity, (iii) by substituting ‘‘$152,000,000’’ for
of the Administration for Community Living, to or other technology necessary to produce such ‘‘$200,000,000’’ each place such term appears;
establish, directly or through grants or con- products; (iv) in subclause (I) of such section
tracts, a National Technical Assistance Center (B) face masks and personal protective equip- 501(b)(1)(A)(v), by substituting ‘‘under section
on Grandfamilies and Kinship Families (in this ment, including face shields, nitrile gloves, N–95 3201 of the American Rescue Plan Act of 2021’’
section referred to as the ‘‘Center’’) to provide filtering facepiece respirators, and any other for ‘‘under section 501 of subtitle A of title V of
training, technical assistance, and resources for masks or equipment (including durable medical division N of the Consolidated Appropriations
government programs, nonprofit and other com- equipment) needed to respond to the COVID–19 Act, 2021’’; and
munity-based organizations, and Indian Tribes, pandemic, and the materials, machinery, addi- (v) in subclause (II) of such section
Tribal organizations, and urban Indian organi- tional manufacturing lines or facilities, or other 501(b)(1)(A)(v), by substituting ‘‘local govern-
zations, that serve grandfamilies and kinship technology necessary to produce such equip- ment elects to receive funds from the Secretary
families to support the health and well-being of ment; and under section 3201 of the American Rescue Plan
members of grandfamilies and kinship families, (C) drugs, devices, and biological products Act of 2021 and will use the funds in a manner
including caregivers, children, and their par- that are approved, cleared, licensed, or author- consistent with such section’’ for ‘‘local govern-
ents. The Center shall focus primarily on serv- ized for use in treating or preventing COVID–19 ment elects to receive funds from the Secretary
ing grandfamilies and kinship families in which and symptoms related to COVID–19, and any under section 501 of subtitle A of title V of divi-
the primary caregiver is an adult age 55 or materials, manufacturing machinery, additional sion N of the Consolidated Appropriations Act,
older, or the child has one or more disabilities. manufacturing or fill-finish lines or facilities, 2021 and will use the funds in a manner con-
(b) ACTIVITIES OF THE CENTER.—The Center technology, or equipment (including durable sistent with such section’’.
shall— medical equipment) necessary to produce or use (B) PRO RATA ADJUSTMENT.—The Secretary
(1) engage experts to stimulate the develop- such drugs, biological products, or devices (in- shall make pro rata adjustments in the amounts
ment of new and identify existing evidence- cluding syringes, vials, or other supplies or of the allocations determined under subpara-
based, evidence-informed, and exemplary prac- equipment related to delivery, distribution, or graph (A) of this paragraph for entities de-
tices or programs related to health promotion administration). scribed in such subparagraph as necessary to
(including mental health and substance use dis- (2) RESPONDING TO PUBLIC HEALTH EMER- ensure that the total amount of allocations
order treatment), education, nutrition, housing, GENCIES.—After September 30, 2022, amounts ap- made pursuant to such subparagraph does not
financial needs, legal issues, disability self-de- propriated in subsection (a) may be used for any exceed the remainder appropriated amount de-
termination, caregiver support, and other issues activity authorized by paragraph (1), or any scribed in such subparagraph.
to help serve caregivers, children, and their par- other activity necessary to meet critical public (2) ALLOCATIONS FOR TERRITORIES.—The
ents in grandfamilies and kinship families; health needs of the United States, with respect amount reserved under subsection (a)(2)(A)
(2) encourage and support the implementation to any pathogen that the President has deter- shall be allocated to eligible grantees described
of the evidence-based, evidence-informed, and mined has the potential for creating a public in subsection (f)(1)(C) in the same manner as
exemplary practices or programs identified health emergency. the amount appropriated under section
under paragraph (1) to support grandfamilies 501(a)(2)(A) of subtitle A of title V of division N
and kinship families and to promote coordina- Subtitle B—Housing Provisions of the Consolidated Appropriations Act, 2021
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tion of services for grandfamilies and kinship SEC. 3201. EMERGENCY RENTAL ASSISTANCE. (Public Law 116–260) is allocated under section
families across systems that support them; (a) FUNDING.— 501(b)(3) of such subtitle A to eligible grantees
(3) facilitate learning across States, territories, (1) APPROPRIATION.—In addition to amounts described under subparagraph (C) of such sec-
Indian Tribes, Tribal organizations, and urban otherwise available, there is appropriated to the tion 501(b)(3), except that section 501(b)(3) of
Indian organizations for providing technical as- Secretary of the Treasury for fiscal year 2021, such subtitle A shall be applied—
sistance, resources, and training related to out of any money in the Treasury not otherwise (A) in subparagraph (A), by inserting ‘‘of sec-
issues described in paragraph (1) to individuals appropriated, $21,550,000,000, to remain avail- tion 3201 of the American Rescue Plan Act of
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1211
2021’’ after ‘‘the amount reserved under sub- (ii) prior to obligating any funds for such pur- SEC. 3202. EMERGENCY HOUSING VOUCHERS.
section (a)(2)(A)’’; and poses, the eligible grantee has obligated not less (a) APPROPRIATION.—In addition to amounts
(B) in clause (i) of subparagraph (B), by sub- than 75 percent of the total funds allocated to otherwise available, there is appropriated to the
stituting ‘‘the amount equal to 0.3 percent of the such eligible grantee in accordance with this Secretary of Housing and Urban Development
amount appropriated under subsection (a)(1)’’ section. (in this section referred to as the ‘‘Secretary’’)
with ‘‘the amount equal to 0.3 percent of the (2) DISTRIBUTION OF ASSISTANCE.—Amounts for fiscal year 2021, out of any money in the
amount appropriated under subsection (a)(1) of appropriated under subsection (a)(1) of this sec- Treasury not otherwise appropriated,
section 3201 of the American Rescue Plan Act of tion shall be subject to the same terms and con- $5,000,000,000, to remain available until Sep-
2021’’. ditions that apply under paragraph (4) of sec- tember 30, 2030, for—
(3) HIGH-NEED GRANTEES.—The Secretary shall tion 501(c) of subtitle A of title V of division N (1) incremental emergency vouchers under
allocate funds reserved under subsection of the Consolidated Appropriations Act, 2021 subsection (b);
(a)(2)(D) to eligible grantees with a high need (Public Law 116–260) to amounts appropriated (2) renewals of the vouchers under subsection
for assistance under this section, with the num- under subsection (a)(1) of such section 501. (b);
ber of very low-income renter households paying (e) REALLOCATION OF FUNDS.— (3) fees for the costs of administering vouchers
more than 50 percent of income on rent or living (1) IN GENERAL.—Beginning March 31, 2022, under subsection (b) and other eligible expenses
in substandard or overcrowded conditions, rent- the Secretary shall reallocate funds allocated to defined by notice to prevent, prepare, and re-
al market costs, and change in employment eligible grantees in accordance with subsection spond to coronavirus to facilitate the leasing of
since February 2020 used as the factors for allo- (b) but not yet paid in accordance with sub- the emergency vouchers, such as security de-
cating funds. section (c)(2) according to a procedure estab- posit assistance and other costs related to reten-
(c) PAYMENT SCHEDULE.— lished by the Secretary. tion and support of participating owners; and
(1) IN GENERAL.—The Secretary shall pay all (2) ELIGIBILITY FOR REALLOCATED FUNDS.— (4) adjustments in the calendar year 2021 sec-
eligible grantees not less than 40 percent of each The Secretary shall require an eligible grantee tion 8 renewal funding allocation, including
such eligible grantee’s total allocation provided to have obligated 50 percent of the total amount mainstream vouchers, for public housing agen-
under subsection (b) within 60 days of enact- of funds allocated to such eligible grantee under cies that experience a significant increase in
ment of this Act. subsection (b) to be eligible to receive funds re- voucher per-unit costs due to extraordinary cir-
(2) SUBSEQUENT PAYMENTS.—The Secretary allocated under paragraph (1) of this sub- cumstances or that, despite taking reasonable
shall pay to eligible grantees additional section. cost savings measures, would otherwise be re-
amounts in tranches up to the full amount of (3) PAYMENT OF REALLOCATED FUNDS BY THE quired to terminate rental assistance for families
each such eligible grantee’s total allocation in SECRETARY.—The Secretary shall pay to each el- as a result of insufficient funding.
accordance with a procedure established by the igible grantee eligible for a payment of reallo- (b) EMERGENCY VOUCHERS.—
Secretary, provided that any such procedure es- cated funds described in paragraph (2) of this (1) IN GENERAL.—The Secretary shall provide
tablished by the Secretary shall require that an subsection the amount allocated to such eligible emergency rental assistance vouchers under
eligible grantee must have obligated not less grantee in accordance with the procedure estab- subsection (a), which shall be tenant-based
than 75 percent of the funds already disbursed lished by the Secretary in accordance with rental assistance under section 8(o) of the
by the Secretary pursuant to this section prior paragraph (1) of this subsection. United States Housing Act of 1937 (42 U.S.C.
to disbursement of additional amounts. (4) USE OF REALLOCATED FUNDS.—Eligible 1437f(o)).
(d) USE OF FUNDS.— grantees may use any funds received in accord- (2) QUALIFYING INDIVIDUALS OR FAMILIES DE-
(1) IN GENERAL.—An eligible grantee shall ance with this subsection only for purposes FINED.—For the purposes of this section, quali-
only use the funds provided from payments specified in paragraph (1) of subsection (d). fying individuals or families are those who are—
made under this section as follows: (f) DEFINITIONS.—In this section: (A) homeless (as such term is defined in sec-
(A) FINANCIAL ASSISTANCE.— (1) ELIGIBLE GRANTEE.—The term ‘‘eligible tion 103(a) of the McKinney-Vento Homeless As-
(i) IN GENERAL.—Subject to clause (ii) of this grantee’’ means any of the following: sistance Act (42 U.S.C. 11302(a));
subparagraph, funds received by an eligible (A) The 50 States of the United States and the (B) at risk of homelessness (as such term is de-
grantee from payments made under this section District of Columbia. fined in section 401(1) of the McKinney-Vento
(B) A unit of local government (as defined in Homeless Assistance Act (42 U.S.C. 11360(1)));
shall be used to provide financial assistance to
paragraph (5)). (C) fleeing, or attempting to flee, domestic vio-
eligible households, not to exceed 18 months, in-
(C) The Commonwealth of Puerto Rico, the lence, dating violence, sexual assault, stalking,
cluding the payment of—
United States Virgin Islands, Guam, the Com- or human trafficking, as defined by the Sec-
(I) rent;
monwealth of the Northern Mariana Islands, retary; or
(II) rental arrears;
and American Samoa. (D) recently homeless, as determined by the
(III) utilities and home energy costs;
(2) ELIGIBLE HOUSEHOLD.—The term ‘‘eligible
(IV) utilities and home energy costs arrears; Secretary, and for whom providing rental assist-
household’’ means a household of 1 or more in-
and ance will prevent the family’s homelessness or
dividuals who are obligated to pay rent on a
(V) other expenses related to housing, as de- having high risk of housing instability.
residential dwelling and with respect to which (3) ALLOCATION.—The Secretary shall notify
fined by the Secretary.
(ii) LIMITATION.—The aggregate amount of fi- the eligible grantee involved determines that— public housing agencies of the number of emer-
(A) 1 or more individuals within the house-
nancial assistance an eligible household may re- gency vouchers provided under this section to be
hold has—
ceive under this section, when combined with fi- allocated to the agency not later than 60 days
(i) qualified for unemployment benefits; or
nancial assistance provided under section 501 of (ii) experienced a reduction in household in- after the date of the enactment of this Act, in
subtitle A of title V of division N of the Consoli- come, incurred significant costs, or experienced accordance with a formula that includes public
dated Appropriations Act, 2021 (Public Law 116– other financial hardship during or due, directly housing agency capacity and ensures geo-
260), shall not exceed 18 months. or indirectly, to the coronavirus pandemic; graphic diversity, including with respect to
(B) HOUSING STABILITY SERVICES.—Not more (B) 1 or more individuals within the house- rural areas, among public housing agencies ad-
than 10 percent of funds received by an eligible hold can demonstrate a risk of experiencing ministering the Housing Choice Voucher pro-
grantee from payments made under this section homelessness or housing instability; and gram.
may be used to provide case management and (C) the household is a low-income family (as (4) TERMS AND CONDITIONS.—
other services intended to help keep households such term is defined in section 3(b) of the United (A) ELECTION TO ADMINISTER.—The Secretary
stably housed. States Housing Act of 1937 (42 U.S.C. 1437a(b)). shall establish a procedure for public housing
(C) ADMINISTRATIVE COSTS.—Not more than 15 (3) INSPECTOR GENERAL.—The term ‘‘Inspector agencies to accept or decline the emergency
percent of the total amount paid to an eligible General’’ means the Inspector General of the vouchers allocated to the agency in accordance
grantee under this section may be used for ad- Department of the Treasury. with the formula under subparagraph (3).
ministrative costs attributable to providing fi- (4) SECRETARY.—The term ‘‘Secretary’’ means (B) FAILURE TO USE VOUCHERS PROMPTLY.—If
nancial assistance, housing stability services, the Secretary of the Treasury. a public housing agency fails to lease its au-
and other affordable rental housing and evic- (5) UNIT OF LOCAL GOVERNMENT.—The term thorized vouchers under subsection (b) on behalf
tion prevention activities, including for data ‘‘unit of local government’’ has the meaning of eligible families within a reasonable period of
collection and reporting requirements related to given such term in section 501 of subtitle A of time, the Secretary may revoke and redistribute
such funds. title V of division N of the Consolidated Appro- any unleased vouchers and associated funds,
(D) OTHER AFFORDABLE RENTAL HOUSING AND priations Act, 2021 (Public Law 116–260). including administrative fees and costs referred
EVICTION PREVENTION ACTIVITIES.—An eligible (g) AVAILABILITY.—Funds provided to an eli- to in subsection (a)(3), to other public housing
grantee may use any funds from payments made gible grantee under a payment made under this agencies according to the formula under para-
under this section that are unobligated on Octo- section shall remain available through Sep- graph (3).
ber 1, 2022, for purposes in addition to those tember 30, 2025. (5) WAIVERS AND ALTERNATIVE REQUIRE-
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specified in this paragraph, provided that— (h) EXTENSION OF AVAILABILITY UNDER PRO- MENTS.—The Secretary may waive or specify al-
(i) such other purposes are affordable rental GRAM FOR EXISTING FUNDING.—Paragraph (1) of ternative requirements for any provision of the
housing and eviction prevention purposes, as section 501(e) of subtitle A of title V of division United States Housing Act of 1937 (42 U.S.C.
defined by the Secretary, serving very low-in- N of the Consolidated Appropriations Act, 2021 1437 et seq.) or regulation applicable to such
come families (as such term is defined in section (Public Law 116–260) is amended by striking statute other than requirements related to fair
3(b) of the United States Housing Act of 1937 (42 ‘‘December 31, 2021’’ and inserting ‘‘September housing, nondiscrimination, labor standards,
U.S.C. 1437a(b))); and 30, 2022’’. and the environment, upon a finding that the
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H1212 CONGRESSIONAL RECORD — HOUSE March 10, 2021
waiver or alternative requirement is necessary to eviction, default, foreclosure, loss of income, or teen percent of its allocation for administrative
expedite or facilitate the use of amounts made homelessness; and planning costs.
available in this section. (2) education, outreach, training, technology (3) OPERATING EXPENSES.—Notwithstanding
(6) TERMINATION OF VOUCHERS UPON TURN- upgrades, and other program related support; sections 212(a) and (g) of the Act (42 U.S.C.
OVER.—After September 30, 2023, a public hous- and 12742(a) and (g)), a grantee may use up to an
ing agency may not reissue any vouchers made (3) operational oversight funding for grantees additional five percent of its allocation for the
available under this section when assistance for and subgrantees that receive funds under this payment of operating expenses of community
the family assisted ends. section. housing development organizations and non-
(c) TECHNICAL ASSISTANCE AND OTHER SEC. 3205. HOMELESSNESS ASSISTANCE AND SUP- profit organizations carrying out activities au-
COSTS.—The Secretary may use not more PORTIVE SERVICES PROGRAM. thorized under this section, but only if—
$20,000,000 of the amounts made available under (a) APPROPRIATION.—In addition to amounts (A) such funds are used to develop the capac-
this section for the costs to the Secretary of ad- otherwise available, there is appropriated to the ity of the community housing development orga-
ministering and overseeing the implementation Secretary of Housing and Urban Development nization or nonprofit organization in the juris-
of this section and the Housing Choice Voucher (in this section referred to as the ‘‘Secretary’’) diction or insular area to carry out activities
program generally, including information tech- for fiscal year 2021, out of any money in the authorized under this section; and
nology, financial reporting, and other costs. Of Treasury not otherwise appropriated, (B) the community housing development orga-
the amounts set aside under this subsection, the $5,000,000,000, to remain available until Sep- nization or nonprofit organization complies with
Secretary may use not more than $10,000,000, tember 30, 2025, except that amounts authorized the limitation on assistance in section 234(b) of
without competition, to make new awards or in- under subsection (d)(3) shall remain available the Act (42 U.S.C. 12774(b)).
crease prior awards to existing technical assist- until September 30, 2029, for assistance under (4) CONTRACTING.—A grantee, when con-
ance providers to provide an immediate increase title II of the Cranston-Gonzalez National Af- tracting with service providers engaged directly
in capacity building and technical assistance to fordable Housing Act (42 U.S.C. 12721 et seq.) in the provision of services under paragraph
public housing agencies. for the following activities to primarily benefit (a)(3), shall, to the extent practicable, enter into
(d) IMPLEMENTATION.—The Secretary may im- qualifying individuals or families: contracts in amounts that cover the actual total
plement the provisions of this section by notice. (1) Tenant-based rental assistance. program costs and administrative overhead to
SEC. 3203. EMERGENCY ASSISTANCE FOR RURAL (2) The development and support of affordable provide the services contracted.
HOUSING. housing pursuant to section 212(a) of the Cran- (d) ALLOCATION.—
In addition to amounts otherwise available, ston-Gonzalez National Affordable Housing Act (1) FORMULA ASSISTANCE.—Except as provided
there is appropriated to the Secretary of Agri- (42 U.S.C. 12742(a)) (‘‘the Act’’ herein). in paragraphs (2) and (3), the Secretary shall
culture for fiscal year 2021, out of any money in (3) Supportive services to qualifying individ- allocate amounts made available under this sec-
the Treasury not otherwise appropriated, uals or families not already receiving such sup- tion pursuant to section 217 of the Act (42
$100,000,000, to remain available until September portive services, including— U.S.C. 12747) to grantees that received alloca-
30, 2022, to provide grants under section (A) activities listed in section 401(29) of the tions pursuant to that same formula in fiscal
521(a)(2) of the Housing Act of 1949 or agree- McKinney-Vento Homeless Assistance Act (42 year 2021, and shall make such allocations with-
ments entered into in lieu of debt forgiveness or U.S.C. 11360(29)); in 30 days of enactment of this Act.
payments for eligible households as authorized (B) housing counseling; and (2) TECHNICAL ASSISTANCE.—Up to $25,000,000
by section 502(c)(5)(D) of the Housing Act of (C) homeless prevention services. of the amounts made available under this sec-
1949, for temporary adjustment of income losses (4) The acquisition and development of non- tion shall be used, without competition, to make
for residents of housing financed or assisted congregate shelter units, all or a portion of new awards or increase prior awards to existing
under section 514, 515, or 516 of the Housing Act which may— technical assistance providers to provide an im-
of 1949 who have experienced income loss but (A) be converted to permanent affordable mediate increase in capacity building and tech-
are not currently receiving Federal rental assist- housing; nical assistance available to any grantees imple-
ance. (B) be used as emergency shelter under sub- menting activities or projects consistent with
title B of title IV of the McKinney-Vento Home- this section.
SEC. 3204. HOUSING COUNSELING.
less Assistance Act (42 U.S.C. 11371–11378); (3) OTHER COSTS.—Up to $50,000,000 of the
(a) APPROPRIATION.—In addition to amounts (C) be converted to permanent housing under
otherwise available, there is appropriated to the amounts made available under this section shall
subtitle C of title IV of the McKinney-Vento be used for the administrative costs to oversee
Neighborhood Reinvestment Corporation (in this Homeless Assistance Act (42 U.S.C. 11381–11389);
section referred to as the ‘‘Corporation’’) for fis- and administer implementation of this section
or and the HOME program generally, including in-
cal year 2021, out of any money in the Treasury (D) remain as non-congregate shelter units.
not otherwise appropriated, $100,000,000, to re- formation technology, financial reporting, and
(b) QUALIFYING INDIVIDUALS OR FAMILIES DE-
main available until September 30, 2025, for other costs.
FINED.—For the purposes of this section, quali-
grants to housing counseling intermediaries ap- (4) WAIVERS OR ALTERNATIVE REQUIRE-
fying individuals or families are those who are—
proved by the Department of Housing and MENTS.—The Secretary may waive or specify al-
(1) homeless, as defined in section 103(a) of
Urban Development, State housing finance ternative requirements for any provision of the
the McKinney-Vento Homeless Assistance Act
agencies, and NeighborWorks organizations for Cranston-Gonzalez National Affordable Housing
(42 U.S.C. 11302(a));
providing housing counseling services, as au- Act (42 U.S.C. 12701 et seq.) and titles I and IV
(2) at-risk of homelessness, as defined in sec-
thorized under the Neighborhood Reinvestment of the McKinney-Vento Homelessness Act (42
tion 401(1) of the McKinney-Vento Homeless As-
Corporation Act (42 U.S.C. 8101–8107) and con- U.S.C. 11301 et seq., 11360 et seq.) or regulation
sistance Act (42 U.S.C. 11360(1));
sistent with the discretion set forth in section (3) fleeing, or attempting to flee, domestic vio- for the administration of the amounts made
606(a)(5) of such Act (42 U.S.C. 8105(a)(5)) to de- lence, dating violence, sexual assault, stalking, available under this section other than require-
sign and administer grant programs. Of the or human trafficking, as defined by the Sec- ments related to fair housing, nondiscrimina-
grant funds made available under this sub- retary; tion, labor standards, and the environment,
section, not less than 40 percent shall be pro- (4) in other populations where providing sup- upon a finding that the waiver or alternative re-
vided to counseling organizations that— portive services or assistance under section quirement is necessary to expedite or facilitate
(1) target housing counseling services to mi- 212(a) of the Act (42 U.S.C. 12742(a)) would pre- the use of amounts made available under this
nority and low-income populations facing hous- vent the family’s homelessness or would serve section.
ing instability; or those with the greatest risk of housing insta- SEC. 3206. HOMEOWNER ASSISTANCE FUND.
(2) provide housing counseling services in bility; or (a) APPROPRIATION.—In addition to amounts
neighborhoods having high concentrations of (5) veterans and families that include a vet- otherwise available, there is appropriated to the
minority and low-income populations. eran family member that meet one of the pre- Secretary of the Treasury for the Homeowner
(b) LIMITATION.—The aggregate amount pro- ceding criteria. Assistance Fund established under subsection
vided to NeighborWorks organizations under (c) TERMS AND CONDITIONS.— (c) for fiscal year 2021, out of any money in the
this section shall not exceed 15 percent of the (1) FUNDING RESTRICTIONS.—The cost limits in Treasury not otherwise appropriated,
total of grant funds made available by sub- section 212(e) (42 U.S.C. 12742(e)), the commit- $9,961,000,000, to remain available until Sep-
section (a). ment requirements in section 218(g) (42 U.S.C. tember 30, 2025, for qualified expenses that meet
(c) ADMINISTRATION AND OVERSIGHT.—The 12748(g)), the matching requirements in section the purposes specified under subsection (c) and
Corporation may retain a portion of the 220 (42 U.S.C. 12750), and the set-aside for hous- expenses described in subsection (d)(1).
amounts provided under this section, in a pro- ing developed, sponsored, or owned by commu- (b) DEFINITIONS.—In this section:
portion consistent with its standard rate for nity housing development organizations re- (1) CONFORMING LOAN LIMIT.—The term ‘‘con-
program administration in order to cover its ex- quired in section 231 of the Act (42 U.S.C. 12771) forming loan limit’’ means the applicable limita-
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penses related to program administration and shall not apply for amounts made available in tion governing the maximum original principal
oversight. this section. obligation of a mortgage secured by a single-
(d) HOUSING COUNSELING SERVICES DEFINED.— (2) ADMINISTRATIVE COSTS.— Notwithstanding family residence, a mortgage secured by a 2-fam-
For the purposes of this section, the term ‘‘hous- sections 212(c) and (d)(1) of the Act (42 U.S.C. ily residence, a mortgage secured by a 3-family
ing counseling services’’ means— 12742(c) and (d)(1)), of the funds made available residence, or a mortgage secured by a 4-family
(1) housing counseling provided directly to in this section for carrying out activities author- residence, as determined and adjusted annually
households facing housing instability, such as ized in this section, a grantee may use up to fif- under section 302(b)(2) of the Federal National
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1213
Mortgage Association Charter Act (12 U.S.C. amounts under subsection (d) or (f) shall be date of enactment of this Act, such State shall
1717(b)(2)) and section 305(a)(2) of the Federal used for qualified expenses that assist home- not be eligible for a payment from the Secretary
Home Loan Mortgage Corporation Act (12 owners having incomes equal to or less than 100 pursuant to this section, and the Secretary
U.S.C. 1454(a)(2)). percent of the area median income for their shall, by the 180th day after the date of enact-
(2) DWELLING.—The term ‘‘dwelling’’ means household size or equal to or less than 100 per- ment of this Act, reallocate any funds that were
any building, structure, or portion thereof cent of the median income for the United States, not requested by such State among the States
which is occupied as, or designed or intended as determined by the Secretary of Housing and that have requested funds by the 45th day after
for occupancy as, a residence by one or more in- Urban Development, whichever is greater. The the date of enactment of this Act. For any such
dividuals. eligible entity shall prioritize remaining funds to reallocation of funds, the Secretary shall adhere
(3) ELIGIBLE ENTITY.—The term ‘‘eligible enti- socially disadvantaged individuals. to the requirements of subsection (d), except for
ty’’ means— (d) ALLOCATION OF FUNDS.— paragraph (1), to the greatest extent possible,
(A) a State; or (1) ADMINISTRATION.—Of any amounts made provided that the Secretary shall also take into
(B) any entity eligible for payment under sub- available under this section, the Secretary shall consideration in determining such reallocation a
section (f). reserve— State’s remaining need and a State’s record of
(4) MORTGAGE.—The term ‘‘mortgage’’ means (A) to the Department of the Treasury, an using payments from the Fund to serve home-
any credit transaction— amount not to exceed $40,000,000 to administer owners at disproportionate risk of mortgage de-
(A) that is secured by a mortgage, deed of and oversee the Fund, and to provide technical fault, foreclosure, or displacement, including
trust, or other consensual security interest on a assistance to eligible entities for the creation homeowners having incomes equal to or less
principal residence of a borrower that is (i) a 1- and implementation of State and tribal pro- than 100 percent of the area median income for
to 4-unit dwelling, or (ii) residential real prop- grams to administer assistance from the Fund; their household size or 100 percent of the median
erty that includes a 1- to 4-unit dwelling; and and income for the United States, as determined by
(B) the unpaid principal balance of which (B) to the Inspector General of the Depart- the Secretary of Housing and Urban Develop-
was, at the time of origination, not more than ment of the Treasury, an amount to not exceed ment, whichever is greater, and minority home-
the conforming loan limit. $2,600,000 for oversight of the program under owners.
(5) FUND.—The term ‘‘Fund’’ means the this section. (f) TRIBAL SET-ASIDE.—
Homeowner Assistance Fund established under (2) FOR STATES.—After the application of (1) SET-ASIDE.—Notwithstanding any other
subsection (c). paragraphs (1), (4), and (5) of this subsection provision of this section, of the amounts appro-
(6) SECRETARY.—The term ‘‘Secretary’’ means and subject to paragraph (3) of this subsection, priated under subsection (a), the Secretary shall
the Secretary of the Treasury. the Secretary shall allocate the remaining funds use 5 percent to make payments to entities that
(7) STATE.—The term ‘‘State’’ means any State available within the Homeowner Assistance are eligible for payments under clauses (i) and
of the United States, the District of Columbia, Fund to each State of the United States, the (ii) of section 501(b)(2)(A) of subtitle A of title V
the Commonwealth of Puerto Rico, Guam, District of Columbia, and the Commonwealth of of division N of the Consolidated Appropriations
American Samoa, the United States Virgin Is- Puerto Rico based on homeowner need, for such Act, 2021 (Public Law 116–260) for the purposes
lands, and the Commonwealth of the Northern State relative to all States of the United States, described in subsection (c).
Mariana Islands. the District of Columbia, and the Common- (2) ALLOCATION AND PAYMENT.—The Secretary
(c) ESTABLISHMENT OF FUND.— wealth of Puerto Rico, as of the date of the en- shall allocate the funds set aside under para-
(1) ESTABLISHMENT; QUALIFIED EXPENSES.— actment of this Act, which is determined by ref- graph (1) using the allocation formulas de-
There is established in the Department of the erence to— scribed in clauses (i) and (ii) of section
Treasury a Homeowner Assistance Fund to miti- (A) the average number of unemployed indi- 501(b)(2)(A) of subtitle A of title V of division N
gate financial hardships associated with the viduals measured over a period of time not fewer of the Consolidated Appropriations Act, 2021
coronavirus pandemic by providing such funds than 3 months and not more than 12 months; (Public Law 116–260), and shall make payments
as are appropriated by subsection (a) to eligible and of such amounts beginning no later than 45
entities for the purpose of preventing home- (B) the total number of mortgagors with— days after enactment of this Act to entities eligi-
owner mortgage delinquencies, defaults, fore- (i) mortgage payments that are more than 30 ble for payment under clauses (i) and (ii) of sec-
closures, loss of utilities or home energy services, days past due; or tion 501(b)(2)(A) of subtitle A of title V of divi-
and displacements of homeowners experiencing (ii) mortgages in foreclosure. sion N of the Consolidated Appropriations Act,
financial hardship after January 21, 2020, (3) SMALL STATE MINIMUM.— 2021 (Public Law 116–260) that notify the Sec-
through qualified expenses related to mortgages (A) IN GENERAL.—Each State of the United retary that they request to receive payments al-
and housing, which include— States, the District of Columbia, and the Com- located from the Fund by the Secretary for pur-
(A) mortgage payment assistance; monwealth of Puerto Rico shall receive no less poses described under subsection (c) and will use
(B) financial assistance to allow a homeowner than $50,000,000 for the purposes established in such payments in compliance with this section.
to reinstate a mortgage or to pay other housing (c). (3) ADJUSTMENT.—Allocations provided under
related costs related to a period of forbearance, (B) PRO RATA ADJUSTMENTS.—The Secretary this subsection may be further adjusted as pro-
delinquency, or default; shall adjust on a pro rata basis the amount of vided by section 501(b)(2)(B) of subtitle A of title
(C) principal reduction; the payments for each State of the United V of division N of the Consolidated Appropria-
(D) facilitating interest rate reductions; States, the District of Columbia, and the Com- tions Act, 2021 (Public Law 116–260).
(E) payment assistance for— monwealth of Puerto Rico determined under this SEC. 3207. RELIEF MEASURES FOR SECTION 502
(i) utilities, including electric, gas, home en- subsection without regard to this subparagraph AND 504 DIRECT LOAN BORROWERS.
ergy, and water; to the extent necessary to comply with the re- (a) APPROPRIATION.—In addition to amounts
(ii) internet service, including broadband quirements of subparagraph (A). otherwise available, there is appropriated to the
internet access service, as defined in section (4) TERRITORY SET-ASIDE.—Notwithstanding Secretary of Agriculture (in this section referred
8.1(b) of title 47, Code of Federal Regulations (or any other provision of this section, of the to as the ‘‘Secretary’’) for fiscal year 2021, out
any successor regulation); amounts appropriated under subsection (a), the of any money in the Treasury not otherwise ap-
(iii) homeowner’s insurance, flood insurance, Secretary shall reserve $30,000,000 to be dis- propriated, $39,000,000, to remain available until
and mortgage insurance; and bursed to Guam, American Samoa, the United September 30, 2023, for direct loans made under
(iv) homeowner’s association, condominium States Virgin Islands, and the Commonwealth of sections 502 and 504 of the Housing Act of 1949
association fees, or common charges; the Northern Mariana Islands based on each (42 U.S.C. 1472, 1474).
(F) reimbursement of funds expended by a such territory’s share of the combined total pop- (b) ADMINISTRATIVE EXPENSES.—The Sec-
State, local government, or designated entity ulation of all such territories, as determined by retary may use not more than 3 percent of the
under subsection (f) during the period beginning the Secretary. For the purposes of this para- amounts appropriated under this section for ad-
on January 21, 2020, and ending on the date graph, population shall be determined based on ministrative purposes.
that the first funds are disbursed by the eligible the most recent year for which data are avail- SEC. 3208. FAIR HOUSING ACTIVITIES.
entity under the Homeowner Assistance Fund, able from the United States Census Bureau. (a) APPROPRIATION.—In addition to amounts
for the purpose of providing housing or utility (5) TRIBAL SET-ASIDE.—The Secretary shall al- otherwise available, there is appropriated to the
payment assistance to homeowners or otherwise locate funds to any eligible entity designated Secretary of Housing and Urban Development
providing funds to prevent foreclosure or post- under subsection (f) pursuant to the require- (in this section referred to as the ‘‘Secretary’’)
foreclosure eviction of a homeowner or prevent ments of that subsection. for fiscal year 2021, out of any money in the
mortgage delinquency or loss of housing or utili- (e) DISTRIBUTION OF FUNDS TO STATES.— Treasury not otherwise appropriated,
ties as a response to the coronavirus disease (1) IN GENERAL.—The Secretary shall make $20,000,000, to remain available until September
(COVID) pandemic; and payments, beginning not later than 45 days 30, 2023, for the Fair Housing Initiatives Pro-
(G) any other assistance to promote housing after enactment of this Act, from amounts allo- gram under section 561 of the Housing and Com-
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stability for homeowners, including preventing cated under subsection (d) to eligible entities munity Development Act of 1987 (42 U.S.C.
mortgage delinquency, default, foreclosure, that have notified the Secretary that they re- 3616a) to ensure fair housing organizations have
post-foreclosure eviction of a homeowner, or the quest to receive payment from the Fund and additional resources to address fair housing in-
loss of utility or home energy services, as deter- that the eligible entity will use such payments quiries, complaints, investigations, education
mined by the Secretary. in compliance with this section. and outreach activities, and costs of delivering
(2) TARGETING.—Not less than 60 percent of (2) REALLOCATION.—If a State does not re- or adapting services, during or relating to the
amounts made to each eligible entity allocated quest allocated funds by the 45th day after the coronavirus pandemic.
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H1214 CONGRESSIONAL RECORD — HOUSE March 10, 2021
(b) ADMINISTRATIVE EXPENSES.—The Sec- end of the end of the 6-year period beginning on BY SOCIALLY AND ECONOMICALLY DISADVAN-
retary may use not more than 3 percent of the the date that the Secretary approves the State TAGED INDIVIDUALS.—Of the amounts appro-
amounts appropriated under this section for ad- for participation. priated for fiscal year 2021 to carry out the Pro-
ministrative purposes. ‘‘(B) REALLOCATION.—Any amount deemed by gram, the Secretary shall set aside $1,000,000,000
Subtitle C—Small Business (SSBCI) the Secretary to be no longer allocated to a for an incentive program under which the Sec-
State and no longer available to such State retary shall increase the second 1⁄3 and last 1⁄3
SEC. 3301. STATE SMALL BUSINESS CREDIT INI-
TIATIVE. under subparagraph (A) may be reallocated by allocations for States that demonstrate robust
(a) STATE SMALL BUSINESS CREDIT INITIA- the Secretary to other participating States. In support, as determined by the Secretary, for
TIVE.—
making such a reallocation, the Secretary shall business concerns owned and controlled by so-
(1) IN GENERAL.—The State Small Business not take into account the minimum allocation cially and economically disadvantaged individ-
Credit Initiative Act of 2010 (12 U.S.C. 5701 et requirements under subsection (b)(2)(B) or the uals in the deployment of prior allocation
seq.) is amended— specific allocation for Tribal governments de- amounts.’’.
(A) in section 3003— scribed under subsection (b)(2)(C).’’; (c) ADDITIONAL ALLOCATIONS TO SUPPORT
(i) in subsection (b)— (B) in section 3004(d), by striking ‘‘date of en- VERY SMALL BUSINESSES.—Section 3003 of the
(I) by amending paragraph (1) to read as fol- actment of this Act’’ each place it appears and State Small Business Credit Initiative Act of
lows: inserting ‘‘date of the enactment of section 2010 (12 U.S.C. 5702), as amended by subsection
‘‘(1) IN GENERAL.—Not later than 30 days after 3003(d)’’; (b), is further amended by adding at the end the
the date of enactment of subsection (d), the Sec- (C) in section 3005(b), by striking ‘‘date of en- following:
retary shall allocate Federal funds to partici- actment of this Act’’ each place it appears and ‘‘(f) ADDITIONAL ALLOCATIONS TO SUPPORT
pating States so that each State is eligible to re- inserting ‘‘date of the enactment of section VERY SMALL BUSINESSES.—
ceive an amount equal to what the State would 3003(d)’’; ‘‘(1) IN GENERAL.—Of the amounts appro-
receive under the 2021 allocation, as determined (D) in section 3006(b)(4), by striking ‘‘date of priated to carry out the Program, the Secretary
under paragraph (2).’’; enactment of this Act’’ and inserting ‘‘date of shall allocate not less than $500,000,000 to States
(II) in paragraph (2)— the enactment of section 3003(d)’’; from funds allocated under this section to be ex-
(aa) by striking ‘‘2009’’ each place such term (E) in section 3007(b), by striking ‘‘March 31, pended for very small businesses.
appears and inserting ‘‘2021’’; 2011’’ and inserting ‘‘March 31, 2022’’; ‘‘(2) VERY SMALL BUSINESS DEFINED.—In this
(bb) by striking ‘‘2008’’ each place such term (F) in section 3009, by striking ‘‘date of enact- subsection, the term ‘very small business’—
appears and inserting ‘‘2020’’; ment of this Act’’ each place it appears and in- ‘‘(A) means a business with fewer than 10 em-
(cc) in subparagraph (A), by striking ‘‘The serting ‘‘date of the enactment of section ployees; and
Secretary’’ and inserting ‘‘With respect to States 3003(d)’’; and ‘‘(B) may include independent contractors
other than Tribal governments, the Secretary’’; (G) in section 3011(b), by striking ‘‘date of the and sole proprietors.’’.
(dd) in subparagraph (C)(i), by striking enactment of this Act’’ each place it appears (d) TECHNICAL ASSISTANCE.—Section 3009 of
‘‘2007’’ and inserting ‘‘2019’’; and and inserting ‘‘date of the enactment of section the State Small Business Credit Initiative Act of
(ee) by adding at the end the following: 3003(d)’’. 2010 (12 U.S.C. 5708) is amended by adding at
‘‘(C) SEPARATE ALLOCATION FOR TRIBAL GOV- (2) APPROPRIATION.— the end the following:
ERNMENTS.— (A) IN GENERAL.—In addition to amounts oth- ‘‘(e) TECHNICAL ASSISTANCE.—Of the amounts
‘‘(i) IN GENERAL.—With respect to States that erwise available, there is hereby appropriated to appropriated for fiscal year 2021 to carry out the
are Tribal governments, the Secretary shall de- the Secretary of the Treasury for fiscal year Program, $500,000,000 may be used by the Sec-
termine the 2021 allocation by allocating 2021, out of any money in the Treasury not oth- retary to—
$500,000,000 among the Tribal governments in erwise appropriated, $10,000,000,000, to remain ‘‘(1) provide funds to States to carry out a
the proportion the Secretary determines appro- available until expended, to provide support to technical assistance plan under which a State
priate, including with consideration to available small businesses responding to and recovering will provide legal, accounting, and financial ad-
employment and economic data regarding each from the economic effects of the COVID–19 pan- visory services, either directly or contracted
such Tribal government. demic, ensure business enterprises owned and with legal, accounting, and financial advisory
‘‘(ii) NOTICE OF INTENT; TIMING OF ALLOCA- controlled by socially and economically dis- firms, with priority given to business enterprises
TION.—With respect to allocations to States that advantaged individuals have access to credit owned and controlled by socially and economi-
are Tribal governments, the Secretary may— and investments, provide technical assistance to cally disadvantaged individuals, to very small
‘‘(I) require Tribal governments that individ- help small businesses applying for various sup- businesses and business enterprises owned and
ually or jointly wish to participate in the Pro- port programs, and to pay reasonable costs of controlled by socially and economically dis-
gram to file a notice of intent with the Secretary administering such Initiative. advantaged individuals applying for—
not later than 30 days after the date of enact- (B) RESCISSION.—With respect to amounts ap- ‘‘(A) State programs under the Program; and
propriated under subparagraph (A)— ‘‘(B) other State or Federal programs that
ment of subsection (d); and
‘‘(II) notwithstanding paragraph (1), allocate (i) the Secretary of the Treasury shall com- support small businesses;
plete all disbursements and remaining obliga- ‘‘(2) transfer amounts to the Minority Busi-
Federal funds to participating Tribal govern-
tions before September 30, 2030; and ness Development Agency, so that the Agency
ments not later than 60 days after the date of
(ii) any amounts that remain unexpended may use such amounts in a manner the Agency
enactment of subsection (d).
(whether obligated or unobligated) on September determines appropriate, including through con-
‘‘(D) EMPLOYMENT DATA.—If the Secretary de-
30, 2030, shall be rescinded and deposited into tracting with third parties, to provide technical
termines that employment data with respect to a
the general fund of the Treasury. assistance to business enterprises owned and
State is unavailable from the Bureau of Labor
(b) ADDITIONAL ALLOCATIONS TO SUPPORT controlled by socially and economically dis-
Statistics of the Department of Labor, the Sec-
BUSINESS ENTERPRISES OWNED AND CONTROLLED advantaged individuals applying to—
retary shall consider such other economic and
BY SOCIALLY AND ECONOMICALLY DISADVAN-
‘‘(A) State programs under the Program; and
employment data that is otherwise available for ‘‘(B) other State or Federal programs that
purposes of determining the employment data of TAGED INDIVIDUALS.—Section 3003 of the State
support small businesses; and
such State.’’; and Small Business Credit Initiative Act of 2010 (12
‘‘(3) contract with legal, accounting, and fi-
(III) by striking paragraph (3); and U.S.C. 5702) is amended by adding at the end
nancial advisory firms (with priority given to
(ii) in subsection (c)— the following:
business enterprises owned and controlled by so-
(I) in paragraph (1)(A)(iii), by inserting before ‘‘(d) ADDITIONAL ALLOCATIONS TO SUPPORT
cially and economically disadvantaged individ-
the period the following: ‘‘that have delivered BUSINESS ENTERPRISES OWNED AND CONTROLLED
uals), to provide technical assistance to business
loans or investments to eligible businesses’’; and BY SOCIALLY AND ECONOMICALLY DISADVAN-
enterprises owned and controlled by socially
(II) by amending paragraph (4) to read as fol- TAGED INDIVIDUALS.—Of the amounts appro-
and economically disadvantaged individuals ap-
lows: priated for fiscal year 2021 to carry out the Pro-
plying to—
‘‘(4) TERMINATION OF AVAILABILITY OF gram, the Secretary shall— ‘‘(A) State programs under the Program; and
AMOUNTS NOT TRANSFERRED.— ‘‘(1) allocate $1,500,000,000 to States from ‘‘(B) other State or Federal programs that
‘‘(A) IN GENERAL.—Any portion of a partici- funds allocated under this section and, by regu- support small businesses.’’.
pating State’s allocated amount that has not lation or other guidance, prescribe Program re- (e) INCLUSION OF TRIBAL GOVERNMENTS.—Sec-
been transferred to the State under this section quirements that the funds be expended for busi- tion 3002(10) of the State Small Business Credit
may be deemed by the Secretary to be no longer ness enterprises owned and controlled by so- Initiative Act of 2010 (12 U.S.C. 5701(10)) is
allocated to the State and no longer available to cially and economically disadvantaged individ- amended—
the State and shall be returned to the general uals; and (1) in subparagraph (C), by striking ‘‘and’’ at
fund of the Treasury or reallocated as described ‘‘(2) allocate such amounts to States based on the end;
under subparagraph (B), if— the needs of business enterprises owned and (2) in subparagraph (D), by striking the pe-
dlhill on DSK120RN23PROD with HOUSE
‘‘(i) the second 1⁄3 of a State’s allocated controlled by socially and economically dis- riod at the end and inserting ‘‘; and’’; and
amount has not been transferred to the State be- advantaged individuals, as determined by the (3) by adding at the end the following:
fore the end of the end of the 3-year period be- Secretary, in each State, and not subject to the ‘‘(E) a Tribal government, or a group of Tribal
ginning on the date that the Secretary approves allocation formula described under subsection governments that jointly apply for an alloca-
the State for participation; or (b). tion.’’.
‘‘(ii) the last 1⁄3 of a State’s allocated amount ‘‘(e) INCENTIVE ALLOCATIONS TO SUPPORT (f) DEFINITIONS.—Section 3002 of the State
has not been transferred to the State before the BUSINESS ENTERPRISES OWNED AND CONTROLLED Small Business Credit Initiative Act of 2010 (12
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1215
U.S.C. 5701) is amended by adding at the end public health emergency, including the purchase (ii) any State that does not receive an alloca-
the following: of personal protective equipment; and tion under clause (i) that received an amount
‘‘(15) BUSINESS ENTERPRISE OWNED AND CON- (iii) paying the administrative leave of oper- for similar activities to prevent, prepare for, and
TROLLED BY SOCIALLY AND ECONOMICALLY DIS- ations or contractor personnel due to reductions respond to coronavirus that is equal to or great-
ADVANTAGED INDIVIDUALS.—The term ‘business in service. er than 140 percent of the combined 2018 rural
enterprise owned and controlled by socially and (B) USE OF FUNDS.—Funds described in sub- operating costs of the recipients and subrecipi-
economically disadvantaged individuals’ means paragraph (A) shall be— ents in that State shall receive an amount equal
a business that— (i) available for immediate obligation, not- to 10 percent of such State’s 2018 rural operating
‘‘(A) if privately owned, 51 percent is owned withstanding the requirement for such expenses costs; and
by one or more socially and economically dis- to be included in a transportation improvement (iii) any State that does not receive an alloca-
advantaged individuals; program, long-range transportation plan, state- tion under clauses (i) or (ii) shall receive an
‘‘(B) if publicly owned, 51 percent of the stock wide transportation plan, or statewide transpor- amount equal to 20 percent of such State’s 2018
is owned by one or more socially and economi- tation improvement program under sections 5303 rural operating costs.
cally disadvantaged individuals; and and 5304 of title 49, United States Code; (4) CAPITAL INVESTMENTS.—
‘‘(C) in the case of a mutual institution, a ma- (ii) directed to payroll and operations of pub- (A) IN GENERAL.—Of the amounts made avail-
jority of the Board of Directors, account hold- lic transportation (including payroll and ex- able under subsection (a)—
ers, and the community which the institution penses of private providers of public transpor- (i) $1,425,000,000 shall be for grants adminis-
services is predominantly comprised of socially tation), unless the recipient certifies to the Ad- tered under subsections (d) and (e) of section
and economically disadvantaged individuals. ministrator of the Federal Transit Administra- 5309 of title 49, United States Code; and
‘‘(16) COMMUNITY DEVELOPMENT FINANCIAL IN- (ii) $250,000,000 shall be for grants adminis-
tion that the recipient has not furloughed any
STITUTION.—The term ‘community development tered under subsection (h) of section 5309 of title
employees;
financial institution’ has the meaning given (iii) used to provide a Federal share of the 49, United States Code.
that term under section 103 of the Riegle Com- (B) FUNDING DISTRIBUTION.—
costs for any grant made under this section of (i) IN GENERAL.—Of the amounts made avail-
munity Development and Regulatory Improve- 100 percent. able in subparagraph (A)(i), $1,250,000,000 shall
ment Act of 1994. (b) ALLOCATION OF FUNDS.—
‘‘(17) MINORITY DEPOSITORY INSTITUTION.— be provided to each recipient for all projects
(1) URBANIZED AREA FORMULA GRANTS.—
The term ‘minority depository institution’ has with existing full funding grant agreements that
(A) IN GENERAL.—Of the amounts made avail-
the meaning given that term under section received allocations for fiscal year 2019 or 2020,
able under subsection (a), $26,086,580,227 shall
308(b) of the Financial Institutions Reform, Re- except that recipients with projects open for rev-
be for grants to recipients and subrecipients
covery, and Enforcement Act of 1989. enue service are not eligible to receive a grant
under section 5307 of title 49, United States
‘‘(18) SOCIALLY AND ECONOMICALLY DISADVAN- under this subparagraph. Funds shall be pro-
Code, and shall be administered as if such funds
TAGED INDIVIDUAL.—The term ‘socially and eco- vided proportionally based on the non-capital
were provided under section 5307 of such title.
nomically disadvantaged individual’ means an (B) ALLOCATION.—Amounts made available investment grant share of the amount allocated.
(ii) ALLOCATION.—Of the amounts made avail-
individual who is a socially disadvantaged indi- under subparagraph (A) shall be apportioned to
able in subparagraph (A)(i), $175,000,000 shall
vidual or an economically disadvantaged indi- urbanized areas based on data contained in the
be provided to each recipient for all projects
vidual, as such terms are defined, respectively, National Transit Database such that—
with existing full funding grant agreements that
under section 8 of the Small Business Act (15 (i) each urbanized area shall receive an ap-
received an allocation only prior to fiscal year
U.S.C. 637) and the regulations thereunder. portionment of an amount that, when combined
‘‘(19) TRIBAL GOVERNMENT.—The term ‘Tribal 2019, except that projects open for revenue serv-
with amounts that were otherwise made avail-
government’ means the recognized governing ice are not eligible to receive a grant under this
able to such urbanized area for similar activities
body of any Indian or Alaska Native tribe, subparagraph and no project may receive more
to prevent, prepare for, and respond to
band, nation, pueblo, village, community, com- than 40 percent of the amounts provided under
coronavirus, is equal to 132 percent of the ur-
ponent band, or component reservation, individ- this clause. The Administrator of the Federal
banized area’s 2018 operating costs; and
ually identified (including parenthetically) in Transit Administration shall proportionally dis-
(ii) for funds remaining after the apportion-
the list published most recently as of the date of tribute funds in excess of such percent to recipi-
ment described in clause (i), such funds shall be
enactment of this paragraph pursuant to section ents for which the percent of funds does not ex-
apportioned such that each urbanized area that
104 of the Federally Recognized Indian Tribe ceed 40 percent. Funds shall be provided propor-
did not receive an apportionment under clause
List Act of 1994 (25 U.S.C. 5131).’’. tionally based on the non-capital investment
(i) shall receive an apportionment equal to 25
(g) RULE OF APPLICATION.—The amendments grant share of the amount allocated.
percent of the urbanized area’s 2018 operating
made by this section shall apply with respect to (iii) ELIGIBLE RECIPIENTS.—For amounts made
costs. available in subparagraph (A)(ii), eligible recipi-
funds appropriated under this section and funds (2) FORMULA GRANTS FOR THE ENHANCED MO-
appropriated on and after the date of enactment ents shall be any recipient of an allocation
BILITY OF SENIORS AND INDIVIDUALS WITH DIS-
of this section. under subsection (h) of section 5309 of title 49,
ABILITIES.—
United States Code, or an applicant in the
Subtitle D—Public Transportation (A) IN GENERAL.—Of the amounts made avail-
project development phase described in para-
SEC. 3401. FEDERAL TRANSIT ADMINISTRATION able under subsection (a), $50,000,000 shall be
graph (2) of such subsection.
GRANTS. for grants to recipients or subrecipients eligible (iv) AMOUNT.—Amounts distributed under
(a) FEDERAL TRANSIT ADMINISTRATION APPRO- under section 5310 of title 49, United States clauses (i), (ii), and (iii) of subparagraph (A)
PRIATION.— Code, and shall be apportioned in accordance shall be provided notwithstanding the limitation
(1) IN GENERAL.—In addition to amounts oth- with such section. of any calculation of the maximum amount of
erwise made available, there are appropriated (B) ALLOCATION RATIO.—Amounts made avail-
Federal financial assistance for the project
for fiscal year 2021, out of any funds in the able under subparagraph (A) shall be allocated
under subsection (k)(2)(C)(ii) or (h)(7) of section
Treasury not otherwise appropriated, in the same ratio as funds were provided under
5309 of title 49, United States Code.
$30,461,355,534, to remain available until Sep- section 5310 of title 49, United States Code, for (5) SECTION 5311(F) SERVICES.—
tember 30, 2024, that shall— fiscal year 2020. (A) IN GENERAL.—Of the amounts made avail-
(A) be for grants to eligible recipients under (3) FORMULA GRANTS FOR RURAL AREAS.— able under subsection (a) and in addition to the
sections 5307, 5309, 5310, and 5311 of title 49, (A) IN GENERAL.—Of the amounts made avail- amounts made available under paragraph (3),
United States Code, to prevent, prepare for, and able under subsection (a), $317,214,013 shall be $100,000,000 shall be available for grants to re-
respond to coronavirus; and for grants to recipients or subrecipients eligible cipients for bus operators that partner with re-
(B) not be subject to any prior restriction on under section 5311 of title 49, United States cipients or subrecipients of funds under section
the total amount of funds available for imple- Code, and shall be administered as if the funds 5311(f) of title 49, United States Code.
mentation or execution of programs authorized were provided under section 5311 of such title, (B) ALLOCATION RATIO.—Notwithstanding
under sections 5307, 5310, or 5311 of such title. and shall be apportioned in accordance with paragraph (3), the Administrator of the Federal
(2) AVAILABILITY OF FUNDS FOR OPERATING such section, except as described in paragraph Transit Administration shall allocate amounts
EXPENSES.— (B). under subparagraph (A) in the same ratio as
(A) IN GENERAL.—Notwithstanding subsection (B) ALLOCATION RATIO.—Amounts made avail- funds were provided under section 5311 of title
(a)(1) or (b) of section 5307 and section able under subparagraph (A) to States, as de- 49, United States Code, for fiscal year 2020.
5310(b)(2)(A) of title 49, United States Code, fined in section 5302 of title 49, United States (C) EXCEPTION.—If a State or territory does
funds provided under this section, other than Code, shall be allocated to such States based on not have bus providers eligible under section
subsection (b)(4), shall be available for the oper- data contained in the National Transit Data- 5311(f) of title 49, United States Code, funds
ating expenses of transit agencies to prevent, base, such that— under this paragraph may be used by such State
prepare for, and respond to the coronavirus (i) any State that received an amount for simi- or territory for any expense eligible under sec-
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public health emergency, including, beginning lar activities to prevent, prepare for, and re- tion 5311 of title 49, United States Code.
on January 20, 2020— spond to coronavirus that is equal to or greater (6) PLANNING.—
(i) reimbursement for payroll of public trans- than 150 percent of the combined 2018 rural op- (A) IN GENERAL.—Of the amounts made avail-
portation (including payroll and expenses of erating costs of the recipients and subrecipients able under subsection (a), $25,000,000 shall be
private providers of public transportation); in such State shall receive an amount equal to for grants to recipients eligible under section
(ii) operating costs to maintain service due to 5 percent of such State’s 2018 rural operating 5307 of title 49, United States Code, for the plan-
lost revenue due as a result of the coronavirus costs; ning of public transportation associated with
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H1216 CONGRESSIONAL RECORD — HOUSE March 10, 2021
the restoration of services as the coronavirus an eligible recipient or subrecipient or a group (3) RELATIONSHIP TO OTHER LEAVE.—Paid
public health emergency concludes and shall be of eligible recipients or subrecipients. leave under this section—
available in accordance with such section. (D) UNOBLIGATED FUNDS.—If amounts made (A) is in addition to any other leave provided
(B) AVAILABILITY OF FUNDS FOR ROUTE PLAN- available under this paragraph remain unobli- to an employee; and
NING.—Amounts made available under subpara- gated on September 30, 2023, such amounts shall (B) may not be used by an employee concur-
graph (A) shall be available for route planning be available for any purpose eligible under sec- rently with any other paid leave.
designed to— tions 5307 or 5311 of title 49, United States Code. (4) CALCULATION OF RETIREMENT BENEFIT.—
(i) increase ridership and reduce travel times, TITLE IV—COMMITTEE ON HOMELAND Any paid leave provided to an employee under
while maintaining or expanding the total level SECURITY AND GOVERNMENTAL AFFAIRS this section shall reduce the total service used to
of vehicle revenue miles of service provided in calculate any Federal civilian retirement ben-
SEC. 4001. EMERGENCY FEDERAL EMPLOYEE
the planning period; or LEAVE FUND.
efit.
(ii) make service adjustments to increase the (d) EMPLOYEE DEFINED.—In this section, the
(a) ESTABLISHMENT; APPROPRIATION.—There
quality or frequency of service provided to low- term ‘‘employee’’ means—
is established in the Treasury the Emergency (1) an individual in the executive branch for
income riders and disadvantaged neighborhoods
Federal Employee Leave Fund (in this section whom annual and sick leave is provided under
or communities.
referred to as the ‘‘Fund’’), to be administered subchapter I of chapter 63 of title 5, United
(C) LIMITATION.—Amounts made available
by the Director of the Office of Personnel Man- States Code;
under subparagraph (A) shall not be used for
agement, for the purposes set forth in subsection (2) an individual employed by the United
route planning related to transitioning public
(b). In addition to amounts otherwise available, States Postal Service;
transportation service provided as of the date of
there is appropriated for fiscal year 2021, out of (3) an individual employed by the Postal Reg-
receipt of funds to a transportation network
any money in the Treasury not otherwise appro- ulatory Commission; and
company or other third-party contract provider,
priated, $570,000,000, which shall be deposited (4) an employee of the Public Defender Service
unless the existing provider of public transpor-
into the Fund and remain available through for the District of Columbia and the District of
tation service is a third-party contract provider.
(7) RECIPIENTS AND SUBRECIPIENTS REQUIRING September 30, 2022. The Fund is available for Columbia Courts.
ADDITIONAL ASSISTANCE.— reasonable expenses incurred by the Office of SEC. 4002. FUNDING FOR THE GOVERNMENT AC-
(A) IN GENERAL.—Of the amounts made avail- Personnel Management in administering this COUNTABILITY OFFICE.
able under subsection (a), $2,207,561,294 shall be section. In addition to amounts otherwise available,
for grants to eligible recipients or subrecipients (b) PURPOSE.—Amounts in the Fund shall be there is appropriated for fiscal year 2021, out of
of funds under sections 5307 or 5311 of title 49, available for reimbursement to an agency for the any money in the Treasury not otherwise appro-
United States Code, that, as a result of COVID– use of paid leave under this section by any em- priated, $77,000,000, to remain available until
19, require additional assistance for costs related ployee of the agency who is unable to work be- September 30, 2025, for necessary expenses of the
to operations, personnel, cleaning, and sanitiza- cause the employee— Government Accountability Office to prevent,
tion combating the spread of pathogens on tran- (1) is subject to a Federal, State, or local quar- prepare for, and respond to Coronavirus and to
sit systems, and debt service payments incurred antine or isolation order related to COVID–19; support oversight of the Coronavirus response
(2) has been advised by a health care provider and of funds provided in this Act or any other
to maintain operations and avoid layoffs and
to self-quarantine due to concerns related to Act pertaining to the Coronavirus pandemic.
furloughs.
(B) ADMINISTRATION.—Funds made available COVID–19; SEC. 4003. PANDEMIC RESPONSE ACCOUNT-
(3) is caring for an individual who is subject ABILITY COMMITTEE FUNDING
under subparagraph (A) shall, after allocation,
to such an order or has been so advised; AVAILABILITY.
be administered as if provided under paragraph
(4) is experiencing symptoms of COVID–19 and In addition to amounts otherwise available,
(1) or (3), as applicable.
(C) APPLICATION REQUIREMENTS.— seeking a medical diagnosis; there is appropriated for fiscal year 2021, out of
(i) IN GENERAL.—The Administrator of the (5) is caring for a son or daughter of such em- any money in the Treasury not otherwise appro-
Federal Transit Administration may not allocate ployee if the school or place of care of the son priated, $40,000,000, to remain available until
funds to an eligible recipient or subrecipient of or daughter has been closed, if the school of September 30, 2025, for the Pandemic Response
funds under chapter 53 of title 49, United States such son or daughter requires or makes optional Accountability Committee to support oversight
Code, unless the recipient provides to the Ad- a virtual learning instruction model or requires of the Coronavirus response and of funds pro-
ministrator— or makes optional a hybrid of in-person and vir- vided in this Act or any other Act pertaining to
(I) estimates of financial need; tual learning instruction models, or the child the Coronavirus pandemic.
(II) data on reductions in farebox or other care provider of such son or daughter is un- SEC. 4004. FUNDING FOR THE WHITE HOUSE.
sources of local revenue for sustained oper- available, due to COVID–19 precautions;
In addition to amounts otherwise available,
ations; (6) is experiencing any other substantially
there is appropriated for fiscal year 2021, out of
(III) a spending plan for such funds; and similar condition;
(7) is caring for a family member with a men- any money in the Treasury not otherwise appro-
(IV) demonstration of expenditure of greater priated, $12,800,000, to remain available until
than 90 percent of funds available to the appli- tal or physical disability or who is 55 years of
age or older and incapable of self-care, without September 30, 2021, for necessary expenses for
cant from funds made available for similar ac- the White House, to prevent, prepare for, and
tivities in fiscal year 2020. regard to whether another individual other than
the employee is available to care for such family respond to coronavirus.
(ii) DEADLINES.—The Administrator of the
member, if the place of care for such family SEC. 4005. FEDERAL EMERGENCY MANAGEMENT
Federal Transit Administration shall— AGENCY APPROPRIATION.
(I) not later than 180 days after the date of member is closed or the direct care provider is
In addition to amounts otherwise available,
enactment of this Act, issue a Notice of Funding unavailable due to COVID–19; or
(8) is obtaining immunization related to there is appropriated to the Federal Emergency
Opportunity for assistance under this para-
COVID–19 or is recovering from any injury, dis- Management Agency for fiscal year 2021, out of
graph; and
(II) not later than 120 days after the applica- ability, illness, or condition related to such im- any money in the Treasury not otherwise appro-
tion deadline established in the Notice of Fund- munization. priated, $50,000,000,000, to remain available
ing Opportunity under subclause (I), make (c) LIMITATIONS.— until September 30, 2025, to carry out the pur-
awards under this paragraph to selected appli- (1) PERIOD OF AVAILABILITY.—Paid leave poses of the Disaster Relief Fund for costs asso-
cants. under this section may only be provided to and ciated with major disaster declarations.
(iii) EVALUATION.— used by an employee during the period begin- SEC. 4006. FUNERAL ASSISTANCE.
(I) IN GENERAL.—Applications for assistance ning on the date of enactment of this Act and (a) IN GENERAL.—For the emergency declara-
under this paragraph shall be evaluated by the ending on September 30, 2021. tion issued by the President on March 13, 2020,
Administrator of the Federal Transit Adminis- (2) TOTAL HOURS; AMOUNT.—Paid leave under pursuant to section 501(b) of the Robert T. Staf-
tration based on the level of financial need dem- this section— ford Disaster Relief and Emergency Assistance
onstrated by an eligible recipient or sub- (A) shall be provided to an employee in an Act (42 U.S.C. 5191(b)), and for any subsequent
recipient, including projections of future finan- amount not to exceed 600 hours of paid leave for major disaster declaration that supersedes such
cial need to maintain service as a percentage of each full-time employee, and in the case of a emergency declaration, the President shall pro-
the 2018 operating costs that has not been re- part-time employee, employee on an uncommon vide financial assistance to an individual or
placed by the funds made available to the eligi- tour of duty, or employee with a seasonal work household to meet disaster-related funeral ex-
ble recipient or subrecipient under paragraphs schedule, in an amount not to exceed the pro- penses under section 408(e)(1) of the Robert T.
(1) through (5) of this subsection when combined portional equivalent of 600 hours to the extent Stafford Disaster Relief and Emergency Assist-
with the amounts allocated to such eligible re- amounts in the Fund remain available for reim- ance Act (42 U.S.C. 5174(e)(1)), for which the
cipient or subrecipient from funds previously bursement; Federal cost share shall be 100 percent.
made available for the operating expenses of (B) shall be paid at the same hourly rate as (b) USE OF FUNDS.—Funds appropriated
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transit agencies related to the response to the other leave payments; and under section 4005 may be used to carry out sub-
COVID–19 public health emergency. (C) may not be provided to an employee if the section (a) of this section.
(II) RESTRICTION.—Amounts made available leave would result in payments greater than SEC. 4007. EMERGENCY FOOD AND SHELTER PRO-
under this paragraph shall only be available for $2,800 in aggregate for any biweekly pay period GRAM FUNDING.
operating expenses. for a full-time employee, or a proportionally In addition to amounts otherwise made avail-
(iv) STATE APPLICANTS.—A State may apply equivalent biweekly limit for a part-time em- able, there is appropriated to the Federal Emer-
for assistance under this paragraph on behalf of ployee. gency Management Agency for fiscal year 2021,
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1217
out of any money in the Treasury not otherwise nature of the covered employee’s employment. enue Code of 1986, other than paragraph (3),
appropriated, $400,000,000, to remain available Such covered employee, or a beneficiary of such (4), (6), or (19), and exempt from tax under sec-
until September 30, 2025, for the emergency food an employee, shall be entitled to such benefits tion 501(a) of such Code; and
and shelter program. for such claim, including disability compensa- ‘‘(II) does not include any entity that, if the
SEC. 4008. HUMANITARIAN RELIEF. tion, medical services, and survivor benefits. entity were a business concern, would be de-
In addition to amounts otherwise made avail- (b) DEFINITIONS.—In this section: scribed in section 120.110 of title 13, Code of Fed-
able, there is appropriated to the Federal Emer- (1) COVERED EMPLOYEE.— eral Regulations (or in any successor regulation
gency Management Agency for fiscal year 2021, (A) IN GENERAL.—The term ‘‘covered em- or other related guidance or rule that may be
out of any money in the Treasury not otherwise ployee’’ means an individual— issued by the Administrator) other than a busi-
appropriated, $110,000,000, to remain available (i) who is an employee under section 8101(1) of ness concern described in paragraph (a) or (k)
until September 30, 2025, for the emergency food title 5, United States Code, employed in the Fed- of such section.’’; and
and shelter program for the purposes of pro- eral service at anytime during the period begin- (B) in subparagraph (D)—
ning on January 27, 2020, and ending on Janu- (i) in clause (iii), by adding at the end the fol-
viding humanitarian relief to families and indi-
ary 27, 2023; lowing:
viduals encountered by the Department of
(ii) who is diagnosed with COVID–19 during ‘‘(III) ELIGIBILITY OF CERTAIN ORGANIZA-
Homeland Security.
such period; and TIONS.—Subject to the provisions in this sub-
SEC. 4009. CYBERSECURITY AND INFRASTRUC-
(iii) who, during a covered exposure period paragraph, during the covered period—
TURE SECURITY AGENCY.
prior to such diagnosis, carries out duties that— ‘‘(aa) a nonprofit organization shall be eligi-
In addition to amounts otherwise made avail- ble to receive a covered loan if the nonprofit or-
(I) require contact with patients, members of
able, there is appropriated for fiscal year 2021, ganization employs not more than 500 employees
the public, or co-workers; or
out of any money in the Treasury not otherwise (II) include a risk of exposure to the novel per physical location of the organization; and
appropriated, $650,000,000, to remain available coronavirus. ‘‘(bb) an additional covered nonprofit entity
until September 30, 2023, for the Cybersecurity (B) TELEWORKING EXCEPTION.—The term and an organization that, but for subclauses
and Infrastructure Security Agency for cyberse- ‘‘covered employee’’ does not include any em- (I)(dd) and (II)(dd) of clause (vii), would be eli-
curity risk mitigation. ployee otherwise covered by subparagraph (A) gible for a covered loan under clause (vii) shall
SEC. 4010. APPROPRIATION FOR THE UNITED who is exclusively teleworking during a covered be eligible to receive a covered loan if the entity
STATES DIGITAL SERVICE. or organization employs not more than 300 em-
exposure period, regardless of whether such em-
In addition to amounts otherwise available, ployment is full time or part time. ployees per physical location of the entity or or-
there is appropriated for fiscal year 2021, out of (2) COVERED EXPOSURE PERIOD.—The term ganization.’’; and
any money in the Treasury not otherwise appro- ‘‘covered exposure period’’ means, with respect (ii) by adding at the end the following:
priated, $200,000,000, to remain available until to a diagnosis of COVID–19, the period begin- ‘‘(ix) ELIGIBILITY OF ADDITIONAL COVERED
September 30, 2024, for the United States Digital ning on a date to be determined by the Secretary NONPROFIT ENTITIES.—An additional covered
Service. of Labor. nonprofit entity shall be eligible to receive a
SEC. 4011. APPROPRIATION FOR THE TECH- (3) NOVEL CORONAVIRUS.—The term ‘‘novel covered loan if—
NOLOGY MODERNIZATION FUND. coronavirus’’ means SARS–CoV–2 or another ‘‘(I) the additional covered nonprofit entity
In addition to amounts otherwise appro- coronavirus declared to be a pandemic by public does not receive more than 15 percent of its re-
priated, there is appropriated to the General health authorities. ceipts from lobbying activities;
Services Administration for fiscal year 2021, out (c) LIMITATION.— ‘‘(II) the lobbying activities of the additional
of any money in the Treasury not otherwise ap- (1) DETERMINATIONS MADE ON OR BEFORE THE covered nonprofit entity do not comprise more
propriated, $1,000,000,000, to remain available DATE OF ENACTMENT.—This section shall not than 15 percent of the total activities of the or-
until September 30, 2025, to carry out the pur- apply with respect to a covered employee who is ganization;
poses of the Technology Modernization Fund. determined to be entitled to benefits under sub- ‘‘(III) the cost of the lobbying activities of the
SEC. 4012. APPROPRIATION FOR THE FEDERAL chapter I of chapter 81 of title 5, United States additional covered nonprofit entity did not ex-
CITIZEN SERVICES FUND. Code, for a claim described in subsection (a) if ceed $1,000,000 during the most recent tax year
In addition to amounts otherwise available, such determination is made on or before the of the additional covered nonprofit entity that
there is appropriated to the General Services date of enactment of this Act. ended prior to February 15, 2020; and
Administration for fiscal year 2021, out of any ‘‘(IV) the additional covered nonprofit entity
(2) LIMITATION ON DURATION OF BENEFITS.—
money in the Treasury not otherwise appro- employs not more than 300 employees.’’.
No funds are authorized to be appropriated to
(2) ELIGIBILITY FOR SECOND DRAW LOANS.—
priated, $150,000,000, to remain available until pay, and no benefits may be paid for, claims ap-
Paragraph (37)(A)(i) of section 7(a) of the Small
September 30, 2024, to carry out the purposes of proved on the basis of subsection (a) after Sep-
Business Act (15 U.S.C. 636(a)), as added by the
the Federal Citizen Services Fund. tember 30, 2030. No administrative costs related
Economic Aid to Hard-Hit Small Businesses,
SEC. 4013. AFG AND SAFER PROGRAM FUNDING. to any such claim may be paid after such date.
Nonprofits, and Venues Act (title III of division
In addition to amounts otherwise made avail- (d) EMPLOYEES’ COMPENSATION FUND.—
N of Public Law 116–260), is amended by insert-
able, there is appropriated to the Federal Emer- (1) IN GENERAL.—The costs of benefits for
ing ‘‘ ‘additional covered nonprofit entity’,’’
gency Management Agency for fiscal year 2021, claims approved on the basis of subsection (a)
after ‘‘the terms’’.
out of any money in the Treasury not otherwise shall not be included in the annual statement of
(b) ELIGIBILITY OF INTERNET PUBLISHING OR-
appropriated, $300,000,000, to remain available the cost of benefits and other payments of an
GANIZATIONS FOR COVERED LOANS UNDER THE
until September 30, 2025, of which $100,000,000 agency or instrumentality under section 8147(b)
PAYCHECK PROTECTION PROGRAM.—
shall be for assistance to firefighter grants and of title 5, United States Code. (1) IN GENERAL.—Section 7(a)(36)(D) of the
$200,000,000 shall be for staffing for adequate (2) FAIR SHARE PROVISION.—Costs of adminis- Small Business Act (15 U.S.C. 636(a)(36)(D)), as
fire and emergency response grants. tration for claims described in paragraph (1)— amended by subsection (a), is further amended—
SEC. 4014. EMERGENCY MANAGEMENT PERFORM-
(A) may be paid from the Employees’ Com- (A) in clause (iii), by adding at the end the
ANCE GRANT FUNDING. pensation Fund; and following:
In addition to amounts otherwise made avail- (B) shall not be subject to the fair share provi- ‘‘(IV) ELIGIBILITY OF INTERNET PUBLISHING
able, there is appropriated to the Federal Emer- sion in section 8147(c) of title 5, United States ORGANIZATIONS.—A business concern or other
gency Management Agency for fiscal year 2021, Code. organization that was not eligible to receive a
out of any money in the Treasury not otherwise TITLE V—COMMITTEE ON SMALL covered loan the day before the date of enact-
appropriated, $100,000,000, to remain available BUSINESS AND ENTREPRENEURSHIP ment of this subclause, is assigned a North
until September 30, 2025, for emergency manage- SEC. 5001. MODIFICATIONS TO PAYCHECK PRO- American Industry Classification System code of
ment performance grants. TECTION PROGRAM. 519130, certifies in good faith as an Internet-
SEC. 4015. EXTENSION OF REIMBURSEMENT AU- (a) ELIGIBILITY OF CERTAIN NONPROFIT ENTI- only news publisher or Internet-only periodical
THORITY FOR FEDERAL CONTRAC- TIES FOR COVERED LOANS UNDER THE PAYCHECK publisher, and is engaged in the collection and
TORS. PROTECTION PROGRAM.— distribution of local or regional and national
Section 3610 of the CARES Act (Public Law (1) IN GENERAL.—Section 7(a)(36) of the Small news and information shall be eligible to receive
116–136; 134 Stat. 414) is amended by striking Business Act (15 U.S.C. 636(a)(36)), as amended a covered loan for the continued provision of
‘‘September 30, 2020’’ and inserting ‘‘September by the Economic Aid to Hard-Hit Small Busi- news, information, content, or emergency infor-
30, 2021’’. nesses, Nonprofits, and Venues Act (title III of mation if—
SEC. 4016.
ELIGIBILITY FOR WORKERS’ COM- division N of Public Law 116–260), is amended— ‘‘(aa) the business concern or organization
PENSATION BENEFITS FOR FEDERAL (A) in subparagraph (A)— employs not more than 500 employees, or the size
EMPLOYEES DIAGNOSED WITH (i) in clause (xv), by striking ‘‘and’’ at the standard established by the Administrator for
COVID–19. end; that North American Industry Classification
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(a) IN GENERAL.—Subject to subsection (c), a (ii) in clause (xvi), by striking the period at code, per physical location of the business con-
covered employee shall, with respect to any the end and inserting ‘‘; and’’; and cern or organization; and
claim made by or on behalf of the covered em- (iii) by adding at the end the following: ‘‘(bb) the business concern or organization
ployee for benefits under subchapter I of chap- ‘‘(xvii) the term ‘additional covered nonprofit makes a good faith certification that proceeds of
ter 81 of title 5, United States Code, be deemed entity’— the loan will be used to support expenses at the
to have an injury proximately caused by expo- ‘‘(I) means an organization described in any component of the business concern or organiza-
sure to the novel coronavirus arising out of the paragraph of section 501(c) of the Internal Rev- tion that supports local or regional news.’’;
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H1218 CONGRESSIONAL RECORD — HOUSE March 10, 2021
(B) in clause (iv)— (1) COMMITMENT AUTHORITY.—Section (I) is a State or local government-operated
(i) in subclause (III), by striking ‘‘and’’ at the 1102(b)(1) of the CARES Act (Public Law 116– business;
end; 136) is amended by striking ‘‘$806,450,000,000’’ (II) as of March 13, 2020, owns or operates (to-
(ii) in subclause (IV)(bb), by striking the pe- and inserting ‘‘$813,700,000,000’’. gether with any affiliated business) more than
riod at the end and inserting ‘‘; and’’; and (2) DIRECT APPROPRIATIONS.—In addition to 20 locations, regardless of whether those loca-
(iii) by adding at the end the following: amounts otherwise available, there is appro- tions do business under the same or multiple
‘‘(V) any business concern or other organiza- priated to the Administrator of the Small Busi- names; or
tion that was not eligible to receive a covered ness Administration for fiscal year 2021, out of (III) has a pending application for or has re-
loan the day before the date of enactment of any money in the Treasury not otherwise appro- ceived a grant under section 324 of the Economic
this subclause, is assigned a North American In- priated, $7,250,000,000, to remain available until Aid to Hard-Hit Small Businesses, Nonprofits,
dustry Classification System code of 519130, cer- expended, for carrying out this section. and Venues Act (title III of division N of Public
tifies in good faith as an Internet-only news SEC. 5002. TARGETED EIDL ADVANCE. Law 116–260); or
publisher or Internet-only periodical publisher, (a) DEFINITIONS.—In this section— (ii) a publicly-traded company.
and is engaged in the collection and distribution (1) the term ‘‘Administrator’’ means the Ad- (5) EXCHANGE; ISSUER; SECURITY.—The terms
of local or regional and national news and in- ministrator of the Small Business Administra- ‘‘exchange’’, ‘‘issuer’’, and ‘‘security’’ have the
formation, if the business concern or organiza- tion; and meanings given those terms in section 3(a) of the
tion— (2) the terms ‘‘covered entity’’ and ‘‘economic Securities Exchange Act of 1934 (15 U.S.C.
‘‘(aa) employs not more than 500 employees, or loss’’ have the meanings given the terms in sec- 78c(a)).
the size standard established by the Adminis- tion 331(a) of the Economic Aid to Hard-Hit (6) FUND.—The term ‘‘Fund’’ means the Res-
trator for that North American Industry Classi- Small Businesses, Nonprofits, and Venues Act taurant Revitalization Fund established under
fication code, per physical location of the busi- (title III of division N of Public Law 116–260). subsection (b).
ness concern or organization; and (b) APPROPRIATIONS.—In addition to amounts (7) PANDEMIC-RELATED REVENUE LOSS.—The
‘‘(bb) is majority owned or controlled by a otherwise available, there is appropriated to the term ‘‘pandemic-related revenue loss’’ means,
business concern or organization that is as- Administrator for fiscal year 2021, out of any with respect to an eligible entity—
signed a North American Industry Classification (A) except as provided in subparagraphs (B),
money in the Treasury not otherwise appro-
System code of 519130.’’; (C), and (D), the gross receipts, as established
priated, $15,000,000,000—
(C) in clause (v), by striking ‘‘clause (iii)(II), (1) to remain available until expended; and using such verification documentation as the
(iv)(IV), or (vii)’’ and inserting ‘‘subclause (II), (2) of which, the Administrator shall use— Administrator may require, of the eligible entity
(III), or (IV) of clause (iii), subclause (IV) or (V) (A) $10,000,000,000 to make payments to cov- during 2020 subtracted from the gross receipts of
of clause (iv), clause (vii), or clause (ix)’’; and ered entities that have not received the full the eligible entity in 2019, if such sum is greater
(D) in clause (viii)(II)— amounts to which the covered entities are enti- than zero;
(i) by striking ‘‘business concern made eligible tled under section 331 of the Economic Aid to (B) if the eligible entity was not in operation
by clause (iii)(II) or clause (iv)(IV) of this sub- Hard-Hit Small Businesses, Nonprofits, and for the entirety of 2019—
paragraph’’ and inserting ‘‘business concern (i) the difference between—
Venues Act (title III of division N of Public Law
made eligible by subclause (II) or (IV) of clause (I) the product obtained by multiplying the
116–260); and
(iii) or subclause (IV) or (V) of clause (iv) of this average monthly gross receipts of the eligible en-
(B) $5,000,000,000 to make payments under sec-
subparagraph’’; and tity in 2019 by 12; and
tion 1110(e) of the CARES Act (15 U.S.C. (II) the product obtained by multiplying the
(ii) by inserting ‘‘or organization’’ after ‘‘busi- 9009(e)), each of which shall be— average monthly gross receipts of the eligible en-
ness concern’’ each place it appears. (i) made to a covered entity that—
(2) ELIGIBILITY FOR SECOND DRAW LOANS.— tity in 2020 by 12; or
(I) has suffered an economic loss of greater
(ii) an amount based on a formula determined
Section 7(a)(37)(A)(iv)(II) of the Small Business than 50 percent; and
by the Administrator;
Act, as amended by the Economic Aid to Hard- (II) employs not more than 10 employees; (C) if the eligible entity opened during the pe-
Hit Small Businesses, Nonprofits, and Venues (ii) in an amount that is $5,000; and
riod beginning on January 1, 2020, and ending
Act (title III of division N of Public Law 116– (iii) with respect to the covered entity to
on the day before the date of enactment of this
260), is amended by striking ‘‘clause (iii)(II), which the payment is made, in addition to any
section—
(iv)(IV), or (vii)’’ and inserting ‘‘subclause (II), payment made to the covered entity under sec-
(i) the expenses described in subsection
(III), or (IV) of clause (iii), subclause (IV) or (V) tion 1110(e) of the CARES Act (15 U.S.C. 9009(e))
(c)(5)(A) that were incurred by the eligible enti-
of clause (iv), clause (vii), or clause (ix)’’. or section 331 of the Economic Aid to Hard-Hit
ty minus any gross receipts received; or
(c) COORDINATION WITH CONTINUATION COV- Small Businesses, Nonprofits, and Venues Act (ii) an amount based on a formula determined
ERAGE PREMIUM ASSISTANCE.— (title III of division N of Public Law 116–260). by the Administrator; or
(1) PAYCHECK PROTECTION PROGRAM.—Section SEC. 5003. SUPPORT FOR RESTAURANTS. (D) if the eligible entity has not yet opened as
7A(a)(12) of the Small Business Act (as redesig- (a) DEFINITIONS.—In this section: of the date of application for a grant under sub-
nated, transferred, and amended by section (1) ADMINISTRATOR.—The term ‘‘Adminis- section (c), but has incurred expenses described
304(b) of the Economic Aid to Hard-Hit Small trator’’ means the Administrator of the Small in subsection (c)(5)(A) as of the date of enact-
Businesses, Nonprofits, and Venues Act (Public Business Administration. ment of this section—
Law 116–260)) is amended— (2) AFFILIATED BUSINESS.—The term ‘‘affili- (i) the amount of those expenses; or
(A) by striking ‘‘CARES Act or’’ and inserting ated business’’ means a business in which an el- (ii) an amount based on a formula determined
‘‘CARES Act,’’; and igible entity has an equity or right to profit dis- by the Administrator.
(B) by inserting before the period at the end tributions of not less than 50 percent, or in For purposes of this paragraph, the pandemic-
the following: ‘‘, or premiums taken into ac- which an eligible entity has the contractual au- related revenue losses for an eligible entity shall
count in determining the credit allowed under thority to control the direction of the business, be reduced by any amounts received from a cov-
section 6432 of the Internal Revenue Code of provided that such affiliation shall be deter- ered loan made under paragraph (36) or (37) of
1986’’. mined as of any arrangements or agreements in section 7(a) of the Small Business Act (15 U.S.C.
(2) PAYCHECK PROTECTION PROGRAM SECOND existence as of March 13, 2020. 636(a)) in 2020 or 2021.
DRAW.—Section 7(a)(37)(J)(iii)(I) of the Small (3) COVERED PERIOD.—The term ‘‘covered pe- (8) PAYROLL COSTS.—The term ‘‘payroll costs’’
Business Act, as amended by the Economic Aid riod’’ means the period— has the meaning given the term in section
to Hard-Hit Small Businesses, Nonprofits, and (A) beginning on February 15, 2020; and 7(a)(36)(A) of the Small Business Act (15 U.S.C.
Venues Act (title III of division N of Public Law (B) ending on December 31, 2021, or a date to 636(a)(36)(A)), except that such term shall not
116–260), is amended— be determined by the Administrator that is not include—
(A) by striking ‘‘or’’ at the end of item (aa); later than 2 years after the date of enactment of (A) qualified wages (as defined in subsection
(B) by striking the period at the end of item this section. (c)(3) of section 2301 of the CARES Act) taken
(bb) and inserting ‘‘; or’’; and (4) ELIGIBLE ENTITY.—The term ‘‘eligible enti- into account in determining the credit allowed
(C) by adding at the end the following new ty’’— under such section 2301; or
item: (A) means a restaurant, food stand, food (B) premiums taken into account in deter-
‘‘(cc) premiums taken into account in deter- truck, food cart, caterer, saloon, inn, tavern, mining the credit allowed under section 6432 of
mining the credit allowed under section 6432 of bar, lounge, brewpub, tasting room, taproom, li- the Internal Revenue Code of 1986.
the Internal Revenue Code of 1986.’’. censed facility or premise of a beverage alcohol (9) PUBLICLY-TRADED COMPANY.—The term
(3) APPLICABILITY.—The amendments made by producer where the public may taste, sample, or ‘‘publicly-traded company’’ means an entity
this subsection shall apply only with respect to purchase products, or other similar place of that is majority owned or controlled by an enti-
applications for forgiveness of covered loans business in which the public or patrons assemble ty that is an issuer, the securities of which are
made under paragraphs (36) or (37) of section for the primary purpose of being served food or listed on a national securities exchange under
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7(a) of the Small Business Act, as amended by drink; section 6 of the Securities Exchange Act of 1934
the Economic Aid to Hard-Hit Small Businesses, (B) includes an entity described in subpara- (15 U.S.C. 78f).
Nonprofits, and Venues Act (title III of division graph (A) that is located in an airport terminal (10) TRIBALLY-OWNED CONCERN.—The term
N of Public Law 116–260), that are received on or that is a Tribally-owned concern; and ‘‘Tribally-owned concern’’ has the meaning
or after the date of the enactment of this Act. (C) does not include— given the term in section 124.3 of title 13, Code
(d) COMMITMENT AUTHORITY AND APPROPRIA- (i) an entity described in subparagraph (A) of Federal Regulations, or any successor regula-
TIONS.— that— tion.
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1219
(b) RESTAURANT REVITALIZATION FUND.— (A) AGGREGATE MAXIMUM AMOUNT.—The ag- 632(n))), small business concerns owned and
(1) IN GENERAL.—There is established in the gregate amount of grants made to an eligible en- controlled by veterans (as defined in section 3(q)
Treasury of the United States a fund to be tity and any affiliated businesses of the eligible of such Act (15 U.S.C. 632(q))), and socially and
known as the Restaurant Revitalization Fund. entity under this subsection— economically disadvantaged small business con-
(2) APPROPRIATIONS.— (i) shall not exceed $10,000,000; and cerns (as defined in section 8(a)(4)(A) of the
(A) IN GENERAL.—In addition to amounts oth- (ii) shall be limited to $5,000,000 per physical Small Business Act (15 U.S.C. 637(a)(4)(A))).
erwise available, there is appropriated to the location of the eligible entity. (6) PRIVATE NONPROFIT ORGANIZATION.—The
Restaurant Revitalization Fund for fiscal year (B) DETERMINATION OF GRANT AMOUNT.— term ‘‘private nonprofit organization’’ means an
2021, out of any money in the Treasury not oth- (i) IN GENERAL.—Except as provided in this entity that is described in section 501(c) of the
erwise appropriated, $28,600,000,000, to remain paragraph, the amount of a grant made to an Internal Revenue Code of 1986 and exempt from
available until expended. eligible entity under this subsection shall be tax under section 501(a) of such Code.
(B) DISTRIBUTION.— equal to the pandemic-related revenue loss of (7) RESOURCE PARTNER.—The term ‘‘resource
(i) IN GENERAL.—Of the amounts made avail- the eligible entity. partner’’ means—
able under subparagraph (A)— (ii) RETURN TO TREASURY.—Any amount of a (A) a small business development center (as
(I) $5,000,000,000 shall be available to eligible grant made under this subsection to an eligible defined in section 3 of the Small Business Act
entities with gross receipts during 2019 of not entity based on estimated receipts that is greater (15 U.S.C. 632));
more than $500,000; and than the actual gross receipts of the eligible en- (B) a women’s business center (as described in
(II) $23,600,000,000 shall be available to the tity in 2020 shall be returned to the Treasury. section 29 of the Small Business Act (15 U.S.C.
Administrator to award grants under subsection (5) USE OF FUNDS.—During the covered period, 656)); and
(c) in an equitable manner to eligible entities of an eligible entity that receives a grant under (C) a chapter of the Service Corps of Retired
different sizes based on annual gross receipts. this subsection may use the grant funds for the Executives (as defined in section 8(b)(1)(B) of
(ii) ADJUSTMENTS.—The Administrator may following expenses incurred as a direct result of, the Act (15 U.S.C. 637(b)(1)(B))).
make adjustments as necessary to the distribu- or during, the COVID–19 pandemic: (8) SMALL BUSINESS CONCERN.—The term
tion of funds under clause (i)(II) based on de- (A) Payroll costs. ‘‘small business concern’’ has the meaning given
mand and the relative local costs in the markets (B) Payments of principal or interest on any under section 3 of the Small Business Act (15
in which eligible entities operate. mortgage obligation (which shall not include U.S.C. 632).
(C) GRANTS AFTER INITIAL PERIOD.—Notwith- any prepayment of principal on a mortgage obli- (9) STATE.—The term ‘‘State’’ means a State of
standing subparagraph (B), on and after the gation). the United States, the District of Columbia, the
date that is 60 days after the date of enactment (C) Rent payments, including rent under a Commonwealth of Puerto Rico, the Virgin Is-
of this section, or another period of time deter- lease agreement (which shall not include any lands, American Samoa, the Commonwealth of
mined by the Administrator, the Administrator prepayment of rent). the Northern Mariana Islands, and Guam, or an
may make grants using amounts appropriated (D) Utilities. agency, instrumentality, or fiscal agent thereof.
under subparagraph (A) to any eligible entity (E) Maintenance expenses, including— (10) UNIT OF GENERAL LOCAL GOVERNMENT.—
regardless of the annual gross receipts of the eli- (i) construction to accommodate outdoor seat- The term ‘‘unit of general local government’’
gible entity. ing; and means a county, city, town, village, or other
(3) USE OF FUNDS.—The Administrator shall (ii) walls, floors, deck surfaces, furniture, fix- general purpose political subdivision of a State.
use amounts in the Fund to make grants de- tures, and equipment. (b) COMMUNITY NAVIGATOR PILOT PROGRAM.—
scribed in subsection (c). (F) Supplies, including protective equipment (1) IN GENERAL.—The Administrator of the
(c) RESTAURANT REVITALIZATION GRANTS.— and cleaning materials. Small Business Administration shall establish a
(1) IN GENERAL.—Except as provided in sub- (G) Food and beverage expenses that are with- Community Navigator pilot program to make
section (b) and paragraph (3), the Administrator in the scope of the normal business practice of grants to, or enter into contracts or cooperative
shall award grants to eligible entities in the the eligible entity before the covered period. agreements with, private nonprofit organiza-
order in which applications are received by the (H) Covered supplier costs, as defined in sec- tions, resource partners, States, Tribes, and
Administrator. tion 7A(a) of the Small Business Act (as redesig- units of local government to ensure the delivery
(2) APPLICATION.— nated, transferred, and amended by section of free community navigator services to current
(A) CERTIFICATION.—An eligible entity apply- 304(b) of the Economic Aid to Hard-Hit Small or prospective owners of eligible businesses in
ing for a grant under this subsection shall make Businesses, Nonprofits, and Venues Act (Public order to improve access to assistance programs
a good faith certification that— Law 116–260)). and resources made available because of the
(i) the uncertainty of current economic condi- (I) Operational expenses. COVID–19 pandemic by Federal, State, Tribal,
tions makes necessary the grant request to sup- (J) Paid sick leave. and local entities.
port the ongoing operations of the eligible enti- (K) Any other expenses that the Administrator (2) APPROPRIATIONS.—In addition to amounts
ty; and determines to be essential to maintaining the eli- otherwise available, there is appropriated to the
(ii) the eligible entity has not applied for or gible entity. Administrator for fiscal year 2021, out of any
received a grant under section 324 of the Eco- (6) RETURNING FUNDS.—If an eligible entity money in the Treasury not otherwise appro-
nomic Aid to Hard-Hit Small Businesses, Non- that receives a grant under this subsection fails priated, $100,000,000, to remain available until
profits, and Venues Act (title III of division N of to use all grant funds or permanently ceases op- September 30, 2022, for carrying out this sub-
Public Law 116–260). erations on or before the last day of the covered section.
(B) BUSINESS IDENTIFIERS.—In accepting ap- period, the eligible entity shall return to the (c) OUTREACH AND EDUCATION.—
plications for grants under this subsection, the Treasury any funds that the eligible entity did (1) PROMOTION.—The Administrator shall de-
Administrator shall prioritize the ability of each not use for the allowable expenses under para- velop and implement a program to promote com-
applicant to use their existing business identi- graph (5). munity navigator services to current or prospec-
fiers over requiring other forms of registration or SEC. 5004. COMMUNITY NAVIGATOR PILOT PRO- tive owners of eligible businesses.
identification that may not be common to their GRAM. (2) CALL CENTER.—The Administrator shall es-
industry and imposing additional burdens on (a) DEFINITIONS.—In this section: tablish a telephone hotline to offer information
applicants. (1) ADMINISTRATION.—The term ‘‘Administra- about Federal programs to assist eligible busi-
(3) PRIORITY IN AWARDING GRANTS.— tion’’ means the Small Business Administration. nesses and offer referral services to resource
(A) IN GENERAL.—During the initial 21-day (2) ADMINISTRATOR.—The term ‘‘Adminis- partners, community navigators, potential lend-
period in which the Administrator awards trator’’ means the Administrator of the Small ers, and other persons that the Administrator
grants under this subsection, the Administrator Business Administration. determines appropriate for current or prospec-
shall prioritize awarding grants to eligible enti- (3) COMMUNITY NAVIGATOR SERVICES.—The tive owners of eligible businesses.
ties that are small business concerns owned and term ‘‘community navigator services’’ means the (3) OUTREACH.—The Administrator shall—
controlled by women (as defined in section 3(n) outreach, education, and technical assistance (A) conduct outreach and education, in the 10
of the Small Business Act (15 U.S.C. 632(n))), provided by community navigators that target most commonly spoken languages in the United
small business concerns owned and controlled eligible businesses to increase awareness of, and States, to current or prospective owners of eligi-
by veterans (as defined in section 3(q) of such participation in, programs of the Small Business ble businesses on community navigator services
Act (15 U.S.C. 632(q))), or socially and economi- Administration. and other Federal programs to assist eligible
cally disadvantaged small business concerns (as (4) COMMUNITY NAVIGATOR.—The term ‘‘com- businesses;
defined in section 8(a)(4)(A) of the Small Busi- munity navigator’’ means a community organi- (B) improve the website of the Administration
ness Act (15 U.S.C. 637(a)(4)(A))). The Adminis- zation, community financial institution as de- to describe such community navigator services
trator may take such steps as necessary to en- fined in section 7(a)(36)(A) of the Small Busi- and other Federal programs; and
sure that eligible entities described in this sub- ness Act (15 U.S.C. 636(a)(36)(A)), or other pri- (C) implement an education campaign by ad-
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paragraph have access to grant funding under vate nonprofit organization engaged in the de- vertising in media targeted to current or pro-
this section after the end of such 21-day period. livery of community navigator services. spective owners of eligible businesses.
(B) CERTIFICATION.—For purposes of estab- (5) ELIGIBLE BUSINESS.—The term ‘‘eligible (4) APPROPRIATIONS.—In addition to amounts
lishing priority under subparagraph (A), an ap- business’’ means any small business concern, otherwise available, there is appropriated to the
plicant shall submit a self-certification of eligi- with priority for small business concerns owned Administrator for fiscal year 2021, out of any
bility for priority with the grant application. and controlled by women (as defined in section money in the Treasury not otherwise appro-
(4) GRANT AMOUNT.— 3(n) of the Small Business Act (15 U.S.C. priated, $75,000,000, to remain available until
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H1220 CONGRESSIONAL RECORD — HOUSE March 10, 2021
September 30, 2022, for carrying out this sub- TITLE VI—COMMITTEE ON ENVIRONMENT ties, and for efforts to address wildlife traf-
section. AND PUBLIC WORKS ficking;
(d) SUNSET.—The authority of the Adminis- SEC. 6001. ECONOMIC ADJUSTMENT ASSISTANCE. (2) $30,000,000 shall be for the care of captive
trator to make grants under this section shall (a) ECONOMIC DEVELOPMENT ADMINISTRATION species listed under the Endangered Species Act
terminate on December 31, 2025. APPROPRIATION.—In addition to amounts other- of 1973, for the care of rescued and confiscated
SEC. 5005. SHUTTERED VENUE OPERATORS. wise available, there is appropriated for fiscal wildlife, and for the care of Federal trust species
(a) IN GENERAL.—In addition to amounts oth- year 2021, out of any money in the Treasury not in facilities experiencing lost revenues due to
erwise available, there is appropriated for fiscal otherwise appropriated, $3,000,000,000, to remain COVID–19; and
year 2021, out of any money in the Treasury not available until September 30, 2022, to the De- (3) $45,000,000 shall be for research and exten-
otherwise appropriated, $1,250,000,000, to remain partment of Commerce for economic adjustment sion activities to strengthen early detection,
available until expended, to carry out section assistance as authorized by sections 209 and 703 rapid response, and science-based management
324 of the Economic Aid to Hard-Hit Small Busi- of the Public Works and Economic Development to address wildlife disease outbreaks before they
nesses, Nonprofits, and Venues Act (title III of Act of 1965 (42 U.S.C. 3149 and 3233) to prevent, become pandemics and strengthen capacity for
division N of Public Law 116–260), of which prepare for, and respond to coronavirus and for wildlife health monitoring to enhance early de-
$500,000 shall be used to provide technical assist- necessary expenses for responding to economic tection of diseases that have capacity to jump
ance to help applicants access the System for injury as a result of coronavirus. the species barrier and pose a risk in the United
Award Management (or any successor thereto) (b) Of the funds provided by this section, up States, including the development of a national
or to assist applicants with an alternative grant to 2 percent shall be used for Federal costs to wildlife disease database.
(b) LACEY ACT PROVISIONS.—In addition to
application system. administer such assistance utilizing temporary
amounts otherwise made available, there is ap-
(b) REDUCTION OF SHUTTERED VENUES ASSIST- Federal personnel as may be necessary con-
propriated for fiscal year 2021, out of any money
ANCE FOR NEW PPP RECIPIENTS.—Section 324 of sistent with the requirements applicable to such
in the Treasury not otherwise appropriated,
the Economic Aid to Hard-Hit Small Businesses, administrative funding in fiscal year 2020 to
$10,000,000, to remain available until expended,
Nonprofits, and Venues Act (title III of division prevent, prepare for, and respond to coronavirus
to carry out the provisions of section 42(a) of
N of Public Law 116–260), is amended— and which shall remain available until Sep-
title 18, United States Code, and the Lacey Act
(1) in subsection (a)(1)(A)(vi)— tember 30, 2027.
(c) Of the funds provided by this section, 25 Amendments of 1981 (16 U.S.C. 3371–3378).
(A) by striking subclause (III);
(B) by redesignating subclause (IV) as sub- percent shall be for assistance to States and TITLE VII—COMMITTEE ON COMMERCE,
clause (III); and communities that have suffered economic injury SCIENCE, AND TRANSPORTATION
(C) in subclause (III), as so redesignated, by as a result of job and gross domestic product Subtitle A—Transportation and
striking ‘‘subclauses (I), (II), and (III)’’ and in- losses in the travel, tourism, or outdoor recre- Infrastructure
serting ‘‘subclauses (I) and (II)’’; and ation sectors. SEC. 7101. GRANTS TO THE NATIONAL RAILROAD
(2) in subsection (c)(1)— SEC. 6002. FUNDING FOR POLLUTION AND DIS- PASSENGER CORPORATION.
(A) in subparagraph (A), in the matter pre- PARATE IMPACTS OF THE COVID–19 (a) NORTHEAST CORRIDOR APPROPRIATION.—
ceding clause (i), by striking ‘‘A grant’’ and in- PANDEMIC. In addition to amounts otherwise available,
serting ‘‘Subject to subparagraphs (B) and (C), (a) IN GENERAL.—In addition to amounts oth- there is appropriated for fiscal year 2021, out of
a grant’’; and erwise available, there is appropriated to the any money in the Treasury not otherwise appro-
(B) by adding at the end the following: Environmental Protection Agency for fiscal year priated, $970,388,160, to remain available until
‘‘(C) REDUCTION FOR RECIPIENTS OF NEW PPP 2021, out of any money in the Treasury not oth- September 30, 2024, for grants as authorized
LOANS.— erwise appropriated, $100,000,000, to remain under section 11101(a) of the FAST Act (Public
‘‘(i) IN GENERAL.—The otherwise applicable available until expended, to address health out- Law 114–94) to prevent, prepare for, and re-
amount of a grant under subsection (b)(2) to an come disparities from pollution and the COVID– spond to coronavirus.
eligible person or entity shall be reduced by the 19 pandemic, of which— (b) NATIONAL NETWORK APPROPRIATION.—In
total amount of loans guaranteed under para- (1) $50,000,000, shall be for grants, contracts, addition to amounts otherwise available, there
graph (36) or (37) of section 7(a) of the Small and other agency activities that identify and is appropriated for fiscal year 2021, out of any
Business Act (15 U.S.C. 636(a)) that are received address disproportionate environmental or pub- money in the Treasury not otherwise appro-
on or after December 27, 2020 by the eligible per- lic health harms and risks in minority popu- priated, $729,611,840, to remain available until
son or entity. lations or low-income populations under— September 30, 2024, for grants as authorized
‘‘(ii) APPLICATION TO GOVERNMENTAL ENTI- (A) section 103(b) of the Clean Air Act (42 under section 11101(b) of the FAST Act (Public
TIES.—For purposes of applying clause (i) to an U.S.C. 7403(b)); Law 114–94) to prevent, prepare for, and re-
eligible person or entity owned by a State or a (B) section 1442 of the Safe Drinking Water spond to coronavirus.
political subdivision of a State, the relevant en- Act (42 U.S.C. 300j–1); (c) LONG-DISTANCE SERVICE RESTORATION AND
(C) section 104(k)(7)(A) of the Comprehensive EMPLOYEE RECALLS.—Not less than $165,926,000
tity—
‘‘(I) shall be the eligible person or entity; and Environmental Response, Compensation, and of the aggregate amounts made available under
‘‘(II) shall not include entities of the State or Liability Act of 1980 (42 U.S.C. 9604(k)(7)(A)); subsections (a) and (b) shall be for use by the
political subdivision other than the eligible per- and National Railroad Passenger Corporation to—
(D) sections 791 through 797 of the Energy (1) restore, not later than 90 days after the
son or entity.’’.
Policy Act of 2005 (42 U.S.C. 16131 through date of enactment of this Act, the frequency of
SEC. 5006. DIRECT APPROPRIATIONS.
16137); and rail service on long-distance routes (as defined
(a) IN GENERAL.—In addition to amounts oth- (2) $50,000,000 shall be for grants and activi- in section 24102 of title 49, United States Code)
erwise available, there is appropriated to the ties authorized under subsections (a) through that the National Railroad Passenger Corpora-
Administrator for fiscal year 2021, out of any (c) of section 103 of the Clean Air Act (42 U.S.C. tion reduced the frequency of on or after July 1,
money in the Treasury not otherwise appro- 7403) and grants and activities authorized under 2020, and continue to operate such service at
priated, to remain available until expended— section 105 of such Act (42 U.S.C. 7405). such frequency; and
(1) $840,000,000 for administrative expenses, (b) ADMINISTRATION OF FUNDS.— (2) recall and manage employees furloughed
including to prevent, prepare for, and respond (1) Of the funds made available pursuant to on or after October 1, 2020, as a result of efforts
to the COVID–19 pandemic, domestically or subsection (a)(1), the Administrator shall reserve to prevent, prepare for, and respond to
internationally, including administrative ex- 2 percent for administrative costs necessary to coronavirus.
penses related to paragraphs (36) and (37) of carry out activities funded pursuant to such (d) USE OF FUNDS IN LIEU OF CAPITAL PAY-
section 7(a) of the Small Business Act, section subsection. MENTS.—Not less than $109,805,000 of the aggre-
324 of the Economic Aid to Hard-Hit Small Busi- (2) Of the funds made available pursuant to gate amounts made available under subsections
nesses, Nonprofits, and Venues Act (title III of subsection (a)(2), the Administrator shall reserve (a) and (b)—
division N of Public Law 116–260), section 5002 5 percent for activities funded pursuant to such (1) shall be for use by the National Railroad
of this title, and section 5003 of this title; and subsection other than grants. Passenger Corporation in lieu of capital pay-
(2) $460,000,000 to carry out the disaster loan SEC. 6003. UNITED STATES FISH AND WILDLIFE ments from States and commuter rail passenger
program authorized by section 7(b) of the Small SERVICE. transportation providers that are subject to the
Business Act (15 U.S.C. 636(b)), of which (a) INSPECTION, INTERDICTION, AND RESEARCH cost allocation policy under section 24905(c) of
$70,000,000 shall be for the cost of direct loans RELATED TO CERTAIN SPECIES AND COVID–19.— title 49, United States Code; and
authorized by such section and $390,000,000 In addition to amounts otherwise made avail- (2) notwithstanding sections 24319(g) and
shall be for administrative expenses to carry out able, there is appropriated for fiscal year 2021, 24905(c)(1)(A)(i) of title 49, United States Code,
such program. out of any money in the Treasury not otherwise such amounts do not constitute cross-subsidiza-
(b) INSPECTOR GENERAL.—In addition to appropriated, $95,000,000 to remain available tion of commuter rail passenger transportation.
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amounts otherwise available, there is appro- until expended, to carry out the provisions of (e) USE OF FUNDS FOR STATE PAYMENTS FOR
priated to the Inspector General of the Small the Fish and Wildlife Act of 1956 (16 U.S.C. 742a STATE-SUPPORTED ROUTES.—
Business Administration for fiscal year 2021, out et seq.) and the Fish and Wildlife Coordination (1) IN GENERAL.—Of the amounts made avail-
of any money in the Treasury not otherwise ap- Act (16 U.S.C. 661 et seq.) through direct ex- able under subsection (b), $174,850,000 shall be
propriated, $25,000,000, to remain available until penditure, contracts, and grants, of which— for use by the National Railroad Passenger Cor-
expended, for necessary expenses of the Office (1) $20,000,000 shall be for wildlife inspections, poration to offset amounts required to be paid
of Inspector General. interdictions, investigations, and related activi- by States for covered State-supported routes.
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1221
(2) FUNDING SHARE.—The share of funding (C) REMAINING AMOUNTS.—Any amount re- airport shall continue to employ, through Sep-
provided under paragraph (1) with respect to a maining after distribution under subparagraph tember 30, 2021, at least 90 percent of the number
covered State-supported route shall be distrib- (B) shall be distributed to the sponsor of each of individuals employed (after making adjust-
uted as follows: primary airport (as such term is defined in sec- ments for retirements or voluntary employee sep-
(A) Each covered State-supported route shall tion 47102 of title 49, United States Code) based arations) by the airport as of March 27, 2020.
receive 7 percent of the costs allocated to the on each such primary airport’s passenger (B) WAIVER OF RETENTION REQUIREMENT.—
route in fiscal year 2019 under the cost alloca- enplanements compared to the total passenger The Secretary shall waive the workforce reten-
tion methodology adopted pursuant to section enplanements of all such primary airports in tion requirement if the Secretary determines
209 of the Passenger Rail Investment and Im- calendar year 2019. that—
provement Act of 2008 (Public Law 110–432). (2) FEDERAL SHARE FOR DEVELOPMENT (i) the airport is experiencing economic hard-
(B) Any remaining amounts after the distribu- PROJECTS.— ship as a direct result of the requirement; or
tion described in subparagraph (A) shall be ap- (A) IN GENERAL.—Not more than $608,000,000 (ii) the requirement reduces aviation safety or
portioned to each covered State-supported route allocated under subsection (a)(1) shall be avail- security.
in proportion to the passenger revenue of such able to pay a Federal share of 100 percent of the (C) EXCEPTION.—The workforce retention re-
route and other revenue allocated to such route costs for any grant awarded in fiscal year 2021, quirement shall not apply to nonhub airports or
in fiscal year 2019 divided by the total passenger or in fiscal year 2020 with less than a 100-per- nonprimary airports receiving funds under this
revenue and other revenue allocated to all cov- cent Federal share, for an airport development section.
ered State-supported routes in fiscal year 2019. project (as such term is defined in section 47102 (D) NONCOMPLIANCE.—Any financial assist-
(3) COVERED STATE-SUPPORTED ROUTE DE- of title 49). ance provided under this section to an airport
FINED.—In this subsection, the term ‘‘covered (B) REMAINING AMOUNTS.—Any amount re- that fails to comply with the workforce reten-
State-supported route’’ means a State-supported maining under this paragraph shall be distrib- tion requirement described in subparagraph (A),
route, as such term is defined in section 24102 of uted as described in paragraph (1)(C). and does not otherwise qualify for a waiver or
title 49, United States Code, but does not include (3) NONPRIMARY AIRPORTS.— exception under this paragraph, shall be subject
a State-supported route for which service was (A) IN GENERAL.—Not more than $100,000,000 to clawback by the Secretary.
terminated on or before February 1, 2020. shall be made available for general aviation and (d) DEFINITIONS.—In this section:
(f) USE OF FUNDS FOR DEBT REPAYMENT OR commercial service airports that are not primary (1) ELIGIBLE LARGE AIRPORT CONCESSION.—
PREPAYMENT.—Not more than $100,885,000 of the airports (as such terms are defined in section The term ‘‘eligible large airport concession’’
aggregate amounts made available under sub- 47102 of title 49, United States Code) for costs re- means a concession (as defined in section 23.3 of
sections (a) and (b) shall be— lated to operations, personnel, cleaning, saniti- title 49, Code of Federal Regulations), that is in-
(1) for the repayment or prepayment of debt zation, janitorial services, combating the spread terminal and has maximum gross receipts, aver-
incurred by the National Railroad Passenger of pathogens at the airport, and debt service aged over the previous three fiscal years, of
Corporation under financing arrangements en- payments. more than $56,420,000.
tered into prior to the date of enactment of this (B) DISTRIBUTION.—Amounts made available (2) ELIGIBLE SMALL AIRPORT CONCESSION.—
Act; and under this paragraph shall be apportioned to The term ‘‘eligible small airport concession’’
(2) to pay required reserves, costs, and fees re- each non-primary airport based on the cat- means a concession (as defined in section 23.3 of
lated to such debt, including for loans from the egories published in the most current National title 49, Code of Federal Regulations), that is in-
Department of Transportation and loans that Plan of Integrated Airport Systems, reflecting terminal and—
would otherwise have been paid from National the percentage of the aggregate published eligi- (A) a small business with maximum gross re-
Railroad Passenger Corporation revenues. ble development costs for each such category, ceipts, averaged over the previous 3 fiscal years,
(g) PROJECT MANAGEMENT OVERSIGHT.—Not and then dividing the allocated funds evenly of less than $56,420,000; or
more than $2,000,000 of the aggregate amounts among the eligible airports in each category, (B) is a joint venture (as defined in section
made available under subsections (a) and (b) rounding up to the nearest thousand dollars. 23.3 of title 49, Code of Federal Regulations).
shall be for activities authorized under section (C) REMAINING AMOUNTS.—Any amount re- SEC. 7103. EMERGENCY FAA EMPLOYEE LEAVE
11101(c) of the FAST Act (Public Law 114–94). maining under this paragraph shall be distrib- FUND.
SEC. 7102. RELIEF FOR AIRPORTS. uted as described in paragraph (1)(C). (a) ESTABLISHMENT; APPROPRIATION.—There
(a) IN GENERAL.— (4) AIRPORT CONCESSIONS.— is established in the Federal Aviation Adminis-
(1) IN GENERAL.—In addition to amounts oth- (A) IN GENERAL.—Not more than $800,000,000
tration the Emergency FAA Employee Leave
erwise available, there is appropriated for fiscal shall be made available for sponsors of primary
Fund (in this section referred to as the
year 2021, out of any funds in the Treasury not airports to provide relief from rent and minimum
‘‘Fund’’), to be administered by the Adminis-
otherwise appropriated, $8,000,000,000, to remain annual guarantees to airport concessions, of
trator of the Federal Aviation Administration,
available until September 30, 2024, for assistance which at least $640,000,000 shall be available to
for the purposes set forth in subsection (b). In
to sponsors of airports, as such terms are de- provide relief to eligible small airport conces-
addition to amounts otherwise available, there
fined in section 47102 of title 49, United States sions and of which at least $160,000,000 shall be
is appropriated for fiscal year 2021, out of any
Code, to be made available to prevent, prepare available to provide relief to eligible large air-
money in the Treasury not otherwise appro-
for, and respond to coronavirus. port concessions located at primary airports.
(B) DISTRIBUTION.—The amounts made avail- priated, $9,000,000, which shall be deposited into
(2) REQUIREMENTS AND LIMITATIONS.—
able for each set-aside in this paragraph shall the Fund and remain available through Sep-
Amounts made available under this section— tember 30, 2022.
(A) may not be used for any purpose not di- be distributed to the sponsor of each primary
airport (as such term is defined in section 47102 (b) PURPOSE.—Amounts in the Fund shall be
rectly related to the airport; and
available to the Administrator for the use of
(B) may not be provided to any airport that of title 49, United States Code) based on each
paid leave under this section by any employee of
was allocated in excess of 4 years of operating such primary airport’s passenger enplanements
the Administration who is unable to work be-
funds to prevent, prepare for, and respond to compared to the total passenger enplanements of
cause the employee—
coronavirus in fiscal year 2020. all such primary airports in calendar year 2019.
(b) ALLOCATIONS.—The following terms shall (C) CONDITIONS.—As a condition of approving (1) is subject to a Federal, State, or local quar-
apply to the amounts made available under this a grant under this paragraph— antine or isolation order related to COVID–19;
section: (i) the sponsor shall provide such relief from (2) has been advised by a health care provider
(1) OPERATING EXPENSES AND DEBT SERVICE the date of enactment of this Act until the spon- to self-quarantine due to concerns related to
PAYMENTS.— sor has provided relief equaling the total grant COVID–19;
(A) IN GENERAL.—Not more than $6,492,000,000 amount, to the extent practicable and to the ex- (3) is caring for an individual who is subject
shall be made available for primary airports, as tent permissible under State laws, local laws, to such an order or has been so advised;
such term is defined in section 47102 of title 49, and applicable trust indentures; and (4) is experiencing symptoms of COVID–19 and
United States Code, and certain cargo airports, (ii) for each set-aside, the sponsor shall pro- seeking a medical diagnosis;
for costs related to operations, personnel, clean- vide relief from rent and minimum annual guar- (5) is caring for a son or daughter of such em-
ing, sanitization, janitorial services, combating antee obligations to each eligible airport conces- ployee if the school or place of care of the son
the spread of pathogens at the airport, and debt sion in an amount that reflects each eligible air- or daughter has been closed, if the school of
service payments. port concession’s proportional share of the total such son or daughter requires or makes optional
(B) DISTRIBUTION.— Amounts made available amount of the rent and minimum annual guar- a virtual learning instruction model or requires
under this paragraph— antees of those eligible airport concessions at or makes optional a hybrid of in-person and vir-
(i) shall not be subject to the reduced appor- such airport. tual learning instruction models, or the child
tionments under section 47114(f) of title 49, (c) ADMINISTRATION.— care provider of such son or daughter is un-
United States Code; (1) ADMINISTRATIVE EXPENSES.—The Adminis- available, due to COVID–19 precautions;
(ii) shall first be apportioned as set forth in trator of the Federal Aviation Administration (6) is experiencing any other substantially
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sections 47114(c)(1)(A), 47114(c)(1)(C)(i), may retain up to 0.1 percent of the funds pro- similar condition;
47114(c)(1)(C)(ii), 47114(c)(2)(A), 47114(c)(2)(B), vided under this section to fund the award of, (7) is caring for a family member with a men-
and 47114(c)(2)(E) of title 49, United States and oversight by the Administrator of, grants tal or physical disability or who is 55 years of
Code; and made under this section. age or older and incapable of self-care, without
(iii) shall not be subject to a maximum appor- (2) WORKFORCE RETENTION REQUIREMENTS.— regard to whether another individual other than
tionment limit set forth in section 47114(c)(1)(B) (A) REQUIRED RETENTION.—As a condition for the employee is available to care for such family
of title 49, United States Code. receiving funds provided under this section, an member, if the place of care for such family
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H1222 CONGRESSIONAL RECORD — HOUSE March 10, 2021
member is closed or the direct care provider is regard to whether another individual other than (C) which has involuntarily furloughed or
unavailable due to COVID–19; or the employee is available to care for such family laid off at least 10 percent of its workforce in
(8) is obtaining immunization related to member, if the place of care for such family 2020 as compared to 2019 or has experienced at
COVID–19 or is recovering from any injury, dis- member is closed or the direct care provider is least a 15 percent decline in 2020 revenues as
ability, illness, or condition related to such im- unavailable due to COVID–19; or compared to 2019;
munization. (8) is obtaining immunization related to (D) that, as supported by sworn financial
(c) LIMITATIONS.— COVID–19 or is recovering from any injury, dis- statements or other appropriate data, has iden-
(1) PERIOD OF AVAILABILITY.—Paid leave ability, illness, or condition related to such im- tified the eligible employee group and the
under this section may only be provided to and munization. amount of total compensation level for the eligi-
used by an employee of the Administration dur- (c) LIMITATIONS.— ble employee group;
ing the period beginning on the date of enact- (1) PERIOD OF AVAILABILITY.—Paid leave (E) that agrees to provide private contribu-
ment of this section and ending on September 30, under this section may only be provided to and tions and maintain the total compensation level
2021. used by an employee of the Administration dur- for the eligible employee group for the duration
(2) TOTAL HOURS; AMOUNT.—Paid leave under ing the period beginning on the date of enact- of an agreement under this subtitle;
this section— ment of this section and ending on September 30, (F) that agrees to provide immediate notice
(A) shall be provided to an employee of the 2021. and justification to the Secretary of involuntary
Administration in an amount not to exceed 600 (2) TOTAL HOURS; AMOUNT.—Paid leave under furloughs or layoffs exceeding 10 percent of the
hours of paid leave for each full-time employee, this section— workforce that is not included in an eligible em-
and in the case of a part-time employee, em- (A) shall be provided to an employee of the ployee group for the duration of an agreement
ployee on an uncommon tour of duty, or em- Administration in an amount not to exceed 600 and receipt of public contributions under this
ployee with a seasonal work schedule, in an hours of paid leave for each full-time employee, subtitle;
amount not to exceed the proportional equiva- and in the case of a part-time employee, em- (G) that has not conducted involuntary fur-
lent of 600 hours to the extent amounts in the ployee on an uncommon tour of duty, or em- loughs or reduced pay rates or benefits for the
Fund remain available for reimbursement; ployee with a seasonal work schedule, in an eligible employee group, subject to the employ-
(B) shall be paid at the same hourly rate as amount not to exceed the proportional equiva- er’s right to discipline or terminate an employee
other leave payments; and lent of 600 hours to the extent amounts in the in accordance with employer policy, between the
(C) may not be provided to an employee if the Fund remain available for reimbursement; date of application and the date on which such
leave would result in payments greater than (B) shall be paid at the same hourly rate as a corporation, firm, or other business entity en-
$2,800 in aggregate for any biweekly pay period other leave payments; and ters into an agreement with the Secretary under
for a full-time employee, or a proportionally (C) may not be provided to an employee if the this subtitle; and
leave would result in payments greater than (H) that—
equivalent biweekly limit for a part-time em-
(i) in the case of a corporation, firm, or other
ployee. $2,800 in aggregate for any biweekly pay period
business entity including any parent company
(3) RELATIONSHIP TO OTHER LEAVE.—Paid for a full-time employee, or a proportionally
or subsidiary of such a corporation, firm, or
leave under this section— equivalent biweekly limit for a part-time em-
other business entity, that holds any type or
(A) is in addition to any other leave provided ployee.
production certificate or similar authorization
to an employee of the Administration; and (3) RELATIONSHIP TO OTHER LEAVE.—Paid
issued under section 44704 of title 49, United
(B) may not be used by an employee of the leave under this section—
States Code, with respect to a transport-cat-
Administration concurrently with any other (A) is in addition to any other leave provided
egory airplane covered under part 25 of title 14,
paid leave. to an employee of the Administration; and
(B) may not be used by an employee of the Code of Federal Regulations, certificated with a
(4) CALCULATION OF RETIREMENT BENEFIT.—
passenger seating capacity of 50 or more, agrees
Any paid leave provided to an employee of the Administration concurrently with any other
to refrain from conducting involuntary layoffs
Administration under this section shall reduce paid leave.
(4) CALCULATION OF RETIREMENT BENEFIT.— or furloughs, or reducing pay rates and benefits,
the total service used to calculate any Federal
Any paid leave provided to an employee of the for the eligible employee group, subject to the
civilian retirement benefit.
Administration under this section shall reduce employer’s right to discipline or terminate an
SEC. 7104. EMERGENCY TSA EMPLOYEE LEAVE employee in accordance with employer policy
FUND. the total service used to calculate any Federal
civilian retirement benefit. from the date of agreement until September 30,
(a) ESTABLISHMENT; APPROPRIATION.—There 2021, or the duration of the agreement and re-
is established in the Transportation Security Subtitle B—Aviation Manufacturing Jobs ceipt of public contributions under this subtitle,
Administration (in this section referred to as the Protection whichever period ends later; or
‘‘Administration’’) the Emergency TSA Em- SEC. 7201. DEFINITIONS. (ii) in the case of corporation, firm, or other
ployee Leave Fund (in this section referred to as In this subtitle: business entity not specified under subpara-
the ‘‘Fund’’), to be administered by the Admin- (1) ELIGIBLE EMPLOYEE GROUP.—The term ‘‘el- graph (i), agrees to refrain from conducting in-
istrator of the Administration, for the purposes igible employee group’’ means the portion of an voluntary layoffs or furloughs, or reducing pay
set forth in subsection (b). In addition to employer’s United States workforce that— rates and benefits, for the eligible employee
amounts otherwise available, there is appro- (A) does not exceed 25 percent of the employ- group, subject to the employer’s right to dis-
priated for fiscal year 2021, out of any money in er’s total United States workforce as of April 1, cipline or terminate an employee in accordance
the Treasury not otherwise appropriated, 2020; and with employer policy for the duration of the
$13,000,000, which shall be deposited into the (B) contains only employees with a total com- agreement and receipt of public contributions
Fund and remain available through September pensation level of $200,000 or less per year; and under this subtitle.
30, 2022. (C) is engaged in aviation manufacturing ac- (3) EMPLOYEE.—The term ‘‘employee’’ has the
(b) PURPOSE.—Amounts in the Fund shall be tivities and services, or maintenance, repair, meaning given that term in section 3 of the Fair
available to the Administration for the use of and overhaul activities and services. Labor Standards Act of 1938 (29 U.S.C. 203).
paid leave under this section by any employee of (2) AVIATION MANUFACTURING COMPANY.—The (4) EMPLOYER.—The term ‘‘employer’’ means
the Administration who is unable to work be- term ‘‘aviation manufacturing company’’ means an aviation manufacturing company that is an
cause the employee— a corporation, firm, or other business entity— employer (as defined in section 3 of the Fair
(1) is subject to a Federal, State, or local quar- (A) that— Labor Standards Act of 1938 (29 U.S.C. 203)).
antine or isolation order related to COVID–19; (i) actively manufactures an aircraft, aircraft (5) PRIVATE CONTRIBUTION.—The term ‘‘pri-
(2) has been advised by a health care provider engine, propeller, or a component, part, or sys- vate contribution’’ means the contribution fund-
to self-quarantine due to concerns related to tems of an aircraft or aircraft engine under a ed by the employer under this subtitle to main-
COVID–19; Federal Aviation Administration production ap- tain 50 percent of the eligible employee group’s
(3) is caring for an individual who is subject proval; total compensation level, and combined with the
to such an order or has been so advised; (ii) holds a certificate issued under part 145 of public contribution, is sufficient to maintain the
(4) is experiencing symptoms of COVID–19 and title 14, Code of Federal Regulations, for main- total compensation level for the eligible em-
seeking a medical diagnosis; tenance, repair, and overhaul of aircraft, air- ployee group as of April 1, 2020.
(5) is caring for a son or daughter of such em- craft engines, components, or propellers; or (6) PUBLIC CONTRIBUTION.—The term ‘‘public
ployee if the school or place of care of the son (iii) operates a process certified to SAE AS9100 contribution’’ means the contribution funded by
or daughter has been closed, if the school of related to the design, development, or provision the Federal Government under this subtitle to
such son or daughter requires or makes optional of an aviation product or service, including a provide 50 percent of the eligible employees
a virtual learning instruction model or requires part, component, or assembly; group’s total compensation level, and combined
or makes optional a hybrid of in-person and vir- (B) which— with the private contribution, is sufficient to
tual learning instruction models, or the child (i) is established, created, or organized in the maintain the total compensation level for those
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care provider of such son or daughter is un- United States or under the laws of the United in the eligible employee group as of April 1, 2020.
available, due to COVID–19 precautions; States; and (7) SECRETARY.—The term ‘‘Secretary’’ means
(6) is experiencing any other substantially (ii) has significant operations in, and a major- the Secretary of Transportation.
similar condition; ity of its employees engaged in aviation manu- (8) TOTAL COMPENSATION LEVEL.—The term
(7) is caring for a family member with a men- facturing activities and services, or mainte- ‘‘total compensation level’’ means the level of
tal or physical disability or who is 55 years of nance, repair, and overhaul activities and serv- total base compensation and benefits being pro-
age or older and incapable of self-care, without ices based in the United States; vided to an eligible employee group employee,
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1223
excluding overtime and premium pay, and ex- (B) a subcontractor that performs such func- mon stock (or equivalent interest) of the con-
cluding any Federal, State, or local payroll tions; tractor through September 30, 2022;
taxes paid, as of April 1, 2020. (3) the term ‘‘employee’’ means an individual, (iv) during the 2-year period beginning April
SEC. 7202. PAYROLL SUPPORT PROGRAM. other than a corporate officer, who is employed 1, 2021, and ending April 1, 2023, refrain from
(a) IN GENERAL.—The Secretary shall estab- by an air carrier or a contractor; paying—
lish a payroll support program and enter into (4) the term ‘‘eligible air carrier’’ means an air (I) any officer or employee of the contractor
agreements with employers who meet the eligi- carrier that— whose total compensation exceeded $425,000 in
bility criteria specified in subsection (b) and are (A) received financial assistance pursuant sec- calendar year 2019 (other than an employee
not ineligible under subsection (c), to provide tion 402(a)(1) of division N of the Consolidated whose compensation is determined through an
public contributions to supplement compensa- Appropriations Act, 2021 (Public Law 116–260); existing collective bargaining agreement entered
tion of an eligible employee group. There is ap- (B) provides air transportation as of March into prior to the date of enactment of this Act)—
propriated for fiscal year 2021, out of amounts 31, 2021; (aa) total compensation that exceeds, during
in the Treasury not otherwise appropriated, (C) has not conducted involuntary furloughs any 12 consecutive months of such 2-year pe-
$3,000,000,000, to remain available until Sep- or reduced pay rates or benefits between March riod, the total compensation received by the offi-
tember 30, 2023, for the Secretary to carry out 31, 2021, and the date on which the air carrier cer or employee from the contractor in calendar
the payroll support program authorized under makes a certification to the Secretary pursuant year 2019; or
the preceding sentence for which 1 percent of to subparagraph (D); and (bb) severance pay or other benefits upon ter-
the funds may be used for implementation costs (D) certifies to the Secretary that such air car- mination of employment with the contractor
and administrative expenses. rier will— which exceeds twice the maximum total com-
(b) ELIGIBILITY.—The Secretary shall enter (i) refrain from conducting involuntary fur- pensation received by the officer or employee
into an agreement and provide public contribu- loughs or reducing pay rates or benefits until from the contractor in calendar year 2019; and
tions, for a term no longer than 6 months, solely September 30, 2021, or the date on which assist- (II) any officer or employee of the contractor
with an employer that agrees to use the funds ance provided under this section is exhausted, whose total compensation exceeded $3,000,000 in
received under an agreement exclusively for the whichever is later; calendar year 2019 during any 12 consecutive
continuation of employee wages, salaries, and (ii) refrain from purchasing an equity security months of such period total compensation in ex-
benefits, to maintain the total compensation of the air carrier or the parent company of the cess of the sum of—
level for the eligible employee group as of April air carrier that is listed on a national securities (aa) $3,000,000; and
1, 2020 for the duration of the agreement, and to exchange through September 30, 2022; (bb) 50 percent of the excess over $3,000,000 of
(iii) refrain from paying dividends, or making the total compensation received by the officer or
facilitate the retention, rehire, or recall of em-
other capital distributions, with respect to com- employee from the contractor in calendar year
ployees of the employer, except that such funds
mon stock (or equivalent interest) of such air 2019.
may not be used for back pay of returning re-
carrier through September 30, 2022; (6) the term ‘‘Secretary’’ means the Secretary
hired or recalled employees.
(iv) during the 2-year period beginning April of the Treasury.
(c) INELIGIBILITY.—The Secretary may not
1, 2021, and ending April 1, 2023, refrain from (b) PAYROLL SUPPORT GRANTS.—
enter into any agreement under this section
paying— (1) IN GENERAL.—The Secretary shall make
with an employer who was allowed a credit
(I) any officer or employee of the air carrier available to eligible air carriers and eligible con-
under section 2301 of the CARES Act (26 U.S.C.
whose total compensation exceeded $425,000 in tractors, financial assistance exclusively for the
3111 note) for the immediately preceding cal-
calendar year 2019 (other than an employee continuation of payment of employee wages,
endar quarter ending before such agreement is
whose compensation is determined through an salaries, and benefits to—
entered into, who received financial assistance
existing collective bargaining agreement entered (A) eligible air carriers, in an aggregate
under section 4113 of the CARES Act (15 U.S.C.
into prior to the date of enactment of this Act)— amount of $14,000,000,000; and
9073), or who is currently expending financial
(aa) total compensation that exceeds, during (B) eligible contractors, in an aggregate
assistance under the paycheck protection pro-
any 12 consecutive months of such 2-year pe- amount of $1,000,000,000.
gram established under section 7(a)(36) of the (2) APPORTIONMENTS.—
riod, the total compensation received by the offi-
Small Business Act (15 U.S.C. 636(a)(36)), as of (A) IN GENERAL.—The Secretary shall appor-
cer or employee from the air carrier in calendar
the date the employer submits an application tion funds to eligible air carriers and eligible
year 2019; or
under the payroll support program established (bb) severance pay or other benefits upon ter- contractors in accordance with the requirements
under subsection (a). mination of employment with the air carrier of this section not later than April 15, 2021.
(d) REDUCTIONS.—To address any shortfall in (B) ELIGIBLE AIR CARRIERS.—The Secretary
which exceeds twice the maximum total com-
assistance that would otherwise be provided shall apportion funds made available under
pensation received by the officer or employee
under this subtitle, the Secretary shall reduce, paragraph (1)(A) to each eligible air carrier in
from the air carrier in calendar year 2019; and
on a pro rata basis, the financial assistance pro- the ratio that—
(II) any officer or employee of the air carrier
vided under this subtitle. (i) the amount received by the air carrier pur-
whose total compensation exceeded $3,000,000 in
(e) AGREEMENT DEADLINE.—No agreement suant to section 403(a) of division N of the Con-
calendar year 2019 during any 12 consecutive
may be entered into by the Secretary under the solidated Appropriations Act, 2021 (Public Law
months of such period total compensation in ex-
payroll support program established under sub- 116–260) bears to
cess of the sum of—
section (a) after the last day of the 6 month pe- (ii) $15,000,000,000.
(aa) $3,000,000; and
riod that begins on the effective date of the first (bb) 50 percent of the excess over $3,000,000 of (C) ELIGIBLE CONTRACTORS.—The Secretary
agreement entered into under such program. the total compensation received by the officer or shall apportion, to each eligible contractor, an
Subtitle C—Airlines employee from the air carrier in calendar year amount equal to the total amount such con-
SEC. 7301. AIR TRANSPORTATION PAYROLL SUP- 2019. tractor received pursuant to section 403(a) of di-
PORT PROGRAM EXTENSION. (5) the term ‘‘eligible contractor’’ means a vision N of the Consolidated Appropriations Act,
(a) DEFINITIONS.—The definitions in section contractor that— 2021 (Public Law 116–260).
40102(a) of title 49, United States Code, shall (A) received financial assistance pursuant to (3) IN GENERAL.—
apply with respect to terms used in this section, section 402(a)(2) of division N of the Consoli- (A) FORMS; TERMS AND CONDITIONS.—The Sec-
except that— dated Appropriations Act, 2021 (Public Law 116– retary shall provide financial assistance to an
(1) the term ‘‘catering functions’’ means prep- 260); eligible air carrier or eligible contractor under
aration, assembly, or both, of food, beverages, (B) performs one or more of the functions de- this section in the same form and on the same
provisions and related supplies for delivery, and scribed under paragraph (2) as of March 31, terms and conditions as determined by pursuant
the delivery of such items, directly to aircraft or 2021; to section 403(b)(1)(A) of subtitle A of title IV of
to a location on or near airport property for (C) has not conducted involuntary furloughs division N of the Consolidated Appropriations
subsequent delivery to aircraft; or reduced pay rates or benefits between March Act, 2021 (Pub. L. No. 116–260).
(2) the term ‘‘contractor’’ means— 31, 2021, and the date on which the contractor (B) PROCEDURES.—The Secretary shall publish
(A) a person that performs, under contract makes a certification to the Secretary pursuant streamlined and expedited procedures not later
with a passenger air carrier conducting oper- to subparagraph (D); and than 5 days after the date of enactment of this
ations under part 121 of title 14, Code of Federal (D) certifies to the Secretary that such con- section for eligible air carriers and eligible con-
Regulations— tractor will— tractors to submit requests for financial assist-
(i) catering functions; or (i) refrain from conducting involuntary fur- ance under this section.
(ii) functions on the property of an airport loughs or reducing pay rates or benefits until (C) DEADLINE FOR IMMEDIATE PAYROLL ASSIST-
that are directly related to the air transpor- September 30, 2021, or the date on which assist- ANCE.—Not later than 10 days after the date of
tation of persons, property, or mail, including ance provided under this section is exhausted, enactment of this section, the Secretary shall
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the loading and unloading of property on air- whichever is later; make initial payments to air carriers and con-
craft, assistance to passengers under part 382 of (ii) refrain from purchasing an equity security tractors that submit requests for financial as-
title 14, Code of Federal Regulations, security, of the contractor or the parent company of the sistance approved by the Secretary.
airport ticketing and check-in functions, contractor that is listed on a national securities (4) TAXPAYER PROTECTION.—The Secretary
ground-handling of aircraft, or aircraft cleaning exchange through September 30, 2022; shall receive financial instruments issued by re-
and sanitization functions and waste removal; (iii) refrain from paying dividends, or making cipients of financial assistance under this sec-
or other capital distributions, with respect to com- tion in the same form and amount, and under
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H1224 CONGRESSIONAL RECORD — HOUSE March 10, 2021
the same terms and conditions, as determined by made available from the Emergency (6) ELIGIBLE EQUIPMENT.—The term ‘‘eligible
the Secretary under section 408 of subtitle A of Connectivity Fund, of support under para- equipment’’ means the following:
title IV of division N of the Consolidated Appro- graphs (1)(B) and (2) of section 254(h) of the (A) Wi-Fi hotspots.
priations Act, 2021 (Pub. L. No. 116–260). Communications Act of 1934 (47 U.S.C. 254(h)) to (B) Modems.
(5) ADMINISTRATIVE EXPENSES.—Of the an eligible school or library, for the purchase (C) Routers.
amounts made available under paragraph during a COVID–19 emergency period of eligible (D) Devices that combine a modem and router.
(1)(A), $10,000,000 shall be made available to the equipment or advanced telecommunications and (E) Connected devices.
Secretary for costs and administrative expenses (7) ELIGIBLE SCHOOL OR LIBRARY.—The term
information services (or both), for use by—
associated with providing financial assistance (1) in the case of a school, students and staff ‘‘eligible school or library’’ means an elementary
under this section. of the school at locations that include locations school, secondary school, or library (including a
(c) FUNDING.—In addition to amounts other- other than the school; and Tribal elementary school, Tribal secondary
wise available, there is appropriated for fiscal (2) in the case of a library, patrons of the li- school, or Tribal library) eligible for support
year 2021, out of any money in the Treasury not brary at locations that include locations other under paragraphs (1)(B) and (2) of section
otherwise appropriated, $15,000,000,000, to re- than the library. 254(h) of the Communications Act of 1934 (47
main available until expended, to carry out this (b) SUPPORT AMOUNT.—In providing support U.S.C. 254(h)).
section. under the covered regulations, the Commission (8) EMERGENCY CONNECTIVITY FUND.—The
shall reimburse 100 percent of the costs associ- term ‘‘Emergency Connectivity Fund’’ means
Subtitle D—Consumer Protection and the fund established under subsection (c)(1).
Commerce Oversight ated with the eligible equipment, advanced tele-
communications and information services, or eli- (9) LIBRARY.—The term ‘‘library’’ includes a
SEC. 7401. FUNDING FOR CONSUMER PRODUCT library consortium.
SAFETY FUND TO PROTECT CON-
gible equipment and advanced telecommuni-
cations and information services, except that (10) WI-FI.—The term ‘‘Wi-Fi’’ means a wire-
SUMERS FROM POTENTIALLY DAN- less networking protocol based on Institute of
GEROUS PRODUCTS RELATED TO any reimbursement of a school or library for the
costs associated with any eligible equipment Electrical and Electronics Engineers standard
COVID–19.
may not exceed an amount that the Commission 802.11 (or any successor standard).
(a) APPROPRIATION.—In addition to amounts (11) WI-FI HOTSPOT.—The term ‘‘Wi-Fi
otherwise available, there is appropriated to the determines, with respect to the request by the
hotspot’’ means a device that is capable of—
Consumer Product Safety Commission for fiscal school or library for the reimbursement, is rea- (A) receiving advanced telecommunications
year 2021, out of any money in the Treasury not sonable. and information services; and
otherwise appropriated, $50,000,000, to remain (c) EMERGENCY CONNECTIVITY FUND.—
(B) sharing such services with a connected de-
available until September 30, 2026, for the pur- (1) ESTABLISHMENT.—There is established in
vice through the use of Wi-Fi.
poses described in subsection (b). the Treasury of the United States a fund to be
SEC. 7403. FUNDING FOR DEPARTMENT OF COM-
(b) PURPOSES.—The funds made available in known as the ‘‘Emergency Connectivity Fund’’.
MERCE INSPECTOR GENERAL.
subsection (a) shall only be used for purposes of (2) APPROPRIATION.—In addition to amounts
otherwise available, there is appropriated to the In addition to amounts otherwise available,
the Consumer Product Safety Commission to— there is appropriated to the Office of the Inspec-
(1) carry out the requirements in title XX of Emergency Connectivity Fund for fiscal year
2021, out of any money in the Treasury not oth- tor General of the Department of Commerce for
division FF of the Consolidated Appropriations fiscal year 2021, out of any money in the Treas-
Act, 2021 (Public Law 116–260); erwise appropriated—
(A) $7,171,000,000, to remain available until ury not otherwise appropriated, $3,000,000, to
(2) enhance targeting, surveillance, and remain available until September 30, 2022, for
screening of consumer products, particularly September 30, 2030, for—
(i) the provision of support under the covered oversight of activities supported with funds ap-
COVID–19 products, entering the United States propriated to the Department of Commerce to
at ports of entry, including ports of entry for de regulations; and
(ii) the Commission to adopt, and the Commis- prevent, prepare for, and respond to COVID–19.
minimis shipments; SEC. 7404. FEDERAL TRADE COMMISSION FUND-
sion and the Universal Service Administrative
(3) enhance monitoring of internet websites ING FOR COVID–19 RELATED WORK.
Company to administer, the covered regulations;
for the offering for sale of new and used viola- (a) APPROPRIATION.—In addition to amounts
and
tive consumer products, particularly COVID–19 otherwise available, there is appropriated to the
(B) $1,000,000, to remain available until Sep-
products, and coordination with retail and re- Federal Trade Commission for fiscal year 2021,
tember 30, 2030, for the Inspector General of the
sale websites to improve identification and elimi- $30,400,000, to remain available until September
Commission to conduct oversight of support pro-
nation of listings of such products; 30, 2026, for the purposes described in subsection
vided under the covered regulations.
(4) increase awareness and communication (3) LIMITATION.—Not more than 2 percent of (b).
particularly of COVID–19 product related risks the amount made available under paragraph (b) PURPOSES.—From the amount appro-
and other consumer product safety information; (2)(A) may be used for the purposes described in priated under subsection (a), the Federal Trade
and clause (ii) of such paragraph. Commission shall use—
(5) improve the Commission’s data collection (4) RELATIONSHIP TO UNIVERSAL SERVICE CON- (1) $4,400,000 to process and monitor consumer
and analysis system especially with a focus on TRIBUTIONS.—Support provided under the cov- complaints received into the Consumer Sentinel
consumer product safety risks resulting from the ered regulations shall be provided from amounts Network, including increased complaints re-
COVID–19 pandemic to socially disadvantaged made available from the Emergency ceived regarding unfair or deceptive acts or
individuals and other vulnerable populations. Connectivity Fund and not from contributions practices related to COVID–19;
(c) DEFINITIONS.—In this section— under section 254(d) of the Communications Act (2) $2,000,000 for consumer-related education,
(1) the term ‘‘Commission’’ means the Con- including in connection with unfair or deceptive
of 1934 (47 U.S.C. 254(d)).
sumer Product Safety Commission; (d) DEFINITIONS.—In this section: acts or practices related to COVID–19; and
(2) the term ‘‘violative consumer products’’ (1) ADVANCED TELECOMMUNICATIONS AND IN- (3) $24,000,000 to fund full-time employees of
means consumer products in violation of an ap- FORMATION SERVICES.—The term ‘‘advanced the Federal Trade Commission to address unfair
plicable consumer product safety standard telecommunications and information services’’ or deceptive acts or practices, including those
under the Consumer Product Safety Act (15 means advanced telecommunications and infor- related to COVID–19.
U.S.C. 2051 et seq.) or any similar rule, regula- mation services, as such term is used in section
tion, standard, or ban under any other Act en- Subtitle E—Science and Technology
254(h) of the Communications Act of 1934 (47 SEC. 7501. NATIONAL INSTITUTE OF STANDARDS
forced by the Commission; U.S.C. 254(h)).
(3) the term ‘‘COVID–19 emergency period’’ AND TECHNOLOGY.
(2) COMMISSION.—The term ‘‘Commission’’ In addition to amounts otherwise made avail-
means the period during which a public health means the Federal Communications Commission.
emergency declared pursuant to section 319 of able, there are appropriated to the National In-
(3) CONNECTED DEVICE.—The term ‘‘connected
the Public Health Service Act (42 U.S.C. 247d) stitute of Standards and Technology for fiscal
device’’ means a laptop computer, tablet com-
with respect to the 2019 novel coronavirus year 2021, out of any money in the Treasury not
puter, or similar end-user device that is capable
(COVID–19), including under any renewal of otherwise appropriated, $150,000,000, to remain
of connecting to advanced telecommunications
such declaration, is in effect; and available until September 30, 2022, to fund
and information services.
(4) the term ‘‘COVID–19 products’’ means con- (4) COVERED REGULATIONS.—The term ‘‘cov- awards for research, development, and testbeds
sumer products, as defined by section 3(a)(5) of ered regulations’’ means the regulations promul- to prevent, prepare for, and respond to
the Consumer Product Safety Act (15 U.S.C. gated under subsection (a). coronavirus. None of the funds provided by this
2052(a)(5)), whose risks have been significantly (5) COVID–19 EMERGENCY PERIOD.—The term section shall be subject to cost share require-
affected by COVID–19 or whose sales have mate- ‘‘COVID–19 emergency period’’ means a period ments.
rially increased during the COVID–19 emer- that— SEC. 7502. NATIONAL SCIENCE FOUNDATION.
gency period as a result of the COVID–19 pan- (A) begins on the date of a determination by In addition to amounts otherwise made avail-
demic. the Secretary of Health and Human Services able, there are appropriated to the National
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SEC. 7402. FUNDING FOR E-RATE SUPPORT FOR pursuant to section 319 of the Public Health Science Foundation for fiscal year 2021, out of
EMERGENCY EDUCATIONAL CON- Service Act (42 U.S.C. 247d) that a public health any money in the Treasury not otherwise appro-
NECTIONS AND DEVICES. emergency exists as a result of COVID–19; and priated, $600,000,000, to remain available until
(a) REGULATIONS REQUIRED.—Not later than (B) ends on the June 30 that first occurs after September 30, 2022, to fund or extend new and
60 days after the date of the enactment of this the date that is 1 year after the date on which existing research grants, cooperative agree-
Act, the Commission shall promulgate regula- such determination (including any renewal ments, scholarships, fellowships, and appren-
tions providing for the provision, from amounts thereof) terminates. ticeships, and related administrative expenses to
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1225
prevent, prepare for, and respond to SEC. 8006. COVID–19 VETERAN RAPID RETRAIN- (d) AMOUNT OF ASSISTANCE.—
coronavirus. ING ASSISTANCE PROGRAM. (1) RETRAINING ASSISTANCE.—The Secretary of
(a) IN GENERAL.—The Secretary of Veterans Veterans Affairs shall provide to an eligible vet-
Subtitle F—Corporation for Public
Affairs shall carry out a program under which eran pursuing a covered program of education
Broadcasting
the Secretary shall provide up to 12 months of under the retraining assistance program under
SEC. 7601. SUPPORT FOR THE CORPORATION FOR retraining assistance to an eligible veteran for this section an amount equal to the amount of
PUBLIC BROADCASTING. the pursuit of a covered program of education. educational assistance payable under section
In addition to amounts otherwise made avail- Such retraining assistance shall be in addition 3313(c)(1)(A) of title 38, United States Code, for
able, there is appropriated to the Corporation to any other entitlement to educational assist- each month the veteran pursues the covered
for Public Broadcasting for fiscal year 2021, out ance or benefits for which a veteran is, or has program of education. Such amount shall be
of any money in the Treasury not otherwise ap- been, eligible. payable directly to the educational institution
propriated, $175,000,000, to remain available (b) ELIGIBLE VETERANS.— offering the covered program of education pur-
until expended, to prevent, prepare for, and re- (1) IN GENERAL.—In this section, the term ‘‘eli- sued by the veteran as follows:
spond to coronavirus, including for fiscal sta- gible veteran’’ means a veteran who— (A) 50 percent of the total amount payable
bilization grants to public telecommunications (A) as of the date of the receipt by the Depart- shall be paid when the eligible veteran begins
entities, as defined in section 397 of the Commu- ment of Veterans Affairs of an application for the program of education.
nications Act of 1934 (47 U.S.C. 397), with no de- assistance under this section, is at least 22 years (B) 25 percent of the total amount payable
duction for administrative or other costs of the of age but not more than 66 years of age; shall be paid when the eligible veteran completes
Corporation, to maintain programming and (B) as of such date, is unemployed by reason the program of education.
services and preserve small and rural stations of the covered public health emergency, as cer- (C) 25 percent of the total amount payable
threatened by declines in non-Federal revenues. tified by the veteran; shall be paid when the eligible veteran finds em-
TITLE VIII—COMMITTEE ON VETERANS’ (C) as of such date, is not eligible to receive
ployment in a field related to the program of
AFFAIRS educational assistance under chapter 30, 31, 32,
education.
33, or 35 of title 38, United States Code, or chap-
SEC. 8001. FUNDING FOR CLAIMS AND APPEALS (2) FAILURE TO COMPLETE.—
ter 1606 of title 10, United States Code;
PROCESSING. (A) PRO-RATED PAYMENTS.—In the case of a
(D) is not enrolled in any Federal or State
In addition to amounts otherwise made avail- veteran who pursues a covered program of edu-
jobs program;
able, there is appropriated for fiscal year 2021, cation under the retraining assistance program
(E) is not in receipt of compensation for a
out of any money in the Treasury not otherwise under this section, but who does not complete
service-connected disability rated totally dis-
appropriated, $272,000,000, to remain available the program of education, the Secretary shall
abling by reason of unemployability; and
until September 30, 2023, pursuant to sections (F) will not be in receipt of unemployment pay to the educational institution offering such
308, 310, 7101 through 7113, 7701, and 7703 of compensation (as defined in section 85(b) of the program of education a pro-rated amount based
title 38, United States Code. Internal Revenue Code of 1986), including any on the number of months the veteran pursued
SEC. 8002. FUNDING AVAILABILITY FOR MEDICAL cash benefit received pursuant to subtitle A of the program of education in accordance with
CARE AND HEALTH NEEDS. title II of division A of the CARES Act (Public this paragraph.
In addition to amounts otherwise made avail- Law 116–136), as of the first day on which the (B) PAYMENT OTHERWISE DUE UPON COMPLE-
TION OF PROGRAM.—The Secretary shall pay to
able, there is appropriated for fiscal year 2021, veteran would receive a housing stipend pay-
out of any money in the Treasury not otherwise ment under this section. the educational institution a pro-rated amount
appropriated, $14,482,000,000, to remain avail- (2) TREATMENT OF VETERANS WHO TRANSFER under paragraph (1)(B) when the veteran pro-
able until September 30, 2023, for allocation ENTITLEMENT.—For purposes of paragraph vides notice to the educational institution that
under chapters 17, 20, 73, and 81 of title 38, (1)(C), a veteran who has transferred all of the the veteran no longer intends to pursue the pro-
United States Code, of which not more than veteran’s entitlement to educational assistance gram of education.
$4,000,000,000 shall be available pursuant to sec- under section 3319 of title 38, United States (C) NONRECOVERY FROM VETERAN.—In the
tion 1703 of title 38, United States Code for Code, shall be considered to be a veteran who is case of a veteran referred to in subparagraph
health care furnished through the Veterans not eligible to receive educational assistance (A), the educational institution may not seek
Community Care program in sections 1703(c)(1) under chapter 33 of such title. payment from the veteran for any amount that
and 1703(c)(5) of such title. (3) FAILURE TO COMPLETE.—A veteran who re- would have been payable under paragraph
ceives retraining assistance under this section to (1)(B) had the veteran completed the program of
SEC. 8003. FUNDING FOR SUPPLY CHAIN MOD-
ERNIZATION. pursue a program of education and who fails to education.
complete the program of education shall not be (D) PAYMENT DUE UPON EMPLOYMENT.—
In addition to amounts otherwise made avail- (i) VETERANS WHO FIND EMPLOYMENT.—In the
able, there is appropriated for fiscal year 2021, eligible to receive additional assistance under
this section. case of a veteran referred to in subparagraph
out of any money in the Treasury not otherwise
(c) COVERED PROGRAMS OF EDUCATION.— (A) who finds employment in a field related to
appropriated, $100,000,000, to remain available
(1) IN GENERAL.—For purposes of this section, the program of education during the 180-day pe-
until September 30, 2022, for the supply chain
a covered program of education is a program of riod beginning on the date on which the veteran
modernization initiative under sections 308, 310,
education (as such term is defined in section withdraws from the program of education, the
and 7301(b) of title 38, United States Code.
3452(b) of title 38, United States Code) for train- Secretary shall pay to the educational institu-
SEC. 8004. FUNDING FOR STATE HOMES. tion a pro-rated amount under paragraph (1)(C)
ing, pursued on a full-time or part-time basis—
In addition to amounts otherwise made avail- (A) that— when the veteran finds such employment.
able, there are appropriated for fiscal year 2021, (i) is approved under chapter 36 of such title; (ii) VETERANS WHO DO NOT FIND EMPLOY-
out of any money in the Treasury not otherwise (ii) does not lead to a bachelors or graduate MENT.—In the case of a veteran referred to in
appropriated— degree; and subparagraph (A) who does not find employ-
(1) $500,000,000, to remain available until ex- (iii) is designed to provide training for a high- ment in a field related to the program of edu-
pended, for allocation under sections 8131 demand occupation, as determined under para- cation during the 180-day period beginning on
through 8137 of title 38, United States Code: and graph (3); or the date on which the veteran withdraws from
(2) $250,000,000, to remain available until Sep- (B) that is a high technology program of edu- the program of education—
tember 30, 2022, for a one-time only obligation cation offered by a qualified provider, under the (I) the Secretary shall not make a payment to
and expenditure to existing State extended care meaning given such terms in section 116 of the the educational institution under paragraph
facilities for veterans in proportion to each Harry W. Colmery Veterans Educational Assist- (1)(C); and
State’s share of the total resident capacity in ance Act of 2017 (Public Law 115–48; 38 U.S.C. (II) the educational institution may not seek
such facilities as of the date of enactment of this 3001 note). payment from the veteran for any amount that
Act where such capacity includes only veterans (2) ACCREDITED PROGRAMS.—In the case of an would have been payable under paragraph
on whose behalf the Department pays a per accredited program of education, the program of (1)(C) had the veteran found employment during
diem payment pursuant to section 1741 or 1745 of education shall not be considered a covered pro- such 180-day period.
title 38, United States Code. gram of education under this section if the pro- (3) HOUSING STIPEND.—For each month that
SEC. 8005. FUNDING FOR THE DEPARTMENT OF gram has received a show cause order from the an eligible veteran pursues a covered program of
VETERANS AFFAIRS OFFICE OF IN- accreditor of the program during the five-year education under the retraining assistance pro-
SPECTOR GENERAL. period preceding the date of the enactment of gram under this section, the Secretary shall pay
In addition to amounts otherwise made avail- this Act. to the veteran a monthly housing stipend in an
able, there is appropriated to the Office of In- (3) DETERMINATION OF HIGH-DEMAND OCCUPA- amount equal to—
spector General of the Department of Veterans TIONS.—In carrying out this section, the Sec- (A) in the case of a covered program of edu-
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Affairs for fiscal year 2021, out of any money in retary shall use the list of high-demand occupa- cation leading to a degree, or a covered program
the Treasury not otherwise appropriated, tions compiled by the Commissioner of Labor of education not leading to a degree, at an insti-
$10,000,000, to remain available until expended, Statistics. tution of higher learning (as that term is de-
for audits, investigations, and other oversight of (4) FULL-TIME DEFINED.—For purposes of this fined in section 3452(f) of title 38, United States
projects and activities carried out with funds subsection, the term ‘‘full-time’’ has the mean- Code) pursued on more than a half-time basis,
made available to the Department of Veterans ing given such term under section 3688 of title the amount specified under subsection (c)(1)(B)
Affairs. 38, United States Code. of section 3313 of title 38, United States Code;
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H1226 CONGRESSIONAL RECORD — HOUSE March 10, 2021
(B) in the case of a covered program of edu- (2) has been advised by a health care provider (b) INCREASE IN NUMBER OF WEEKS.—Section
cation other than a program of education lead- to self-quarantine due to concerns related to 2102(c)(2) of such Act (15 U.S.C. 9021(c)(2)) is
ing to a degree at an institution other than an COVID–19; amended—
institution of higher learning pursued on more (3) is caring for an individual who is subject (1) by striking ‘‘50 weeks’’ and inserting ‘‘79
than a half-time basis, the amount specified to such an order or has been so advised; weeks’’; and
under subsection (g)(3)(A)(ii) of such section; or (4) is experiencing symptoms of COVID–19 and (2) by striking ‘‘50-week period’’ and inserting
(C) in the case of a covered program of edu- seeking a medical diagnosis; ‘‘79-week period’’.
cation pursued on less than a half-time basis, or (5) is caring for a son or daughter of such em- (c) HOLD HARMLESS FOR PROPER ADMINISTRA-
a covered program of education pursued solely ployee if the school or place of care of the son TION.—In the case of an individual who is eligi-
through distance learning on more than a half- or daughter has been closed, if the school of ble to receive pandemic unemployment assist-
time basis, the amount specified under sub- such son or daughter requires or makes optional ance under section 2102 of the CARES Act (15
section (c)(1)(B)(iii) of such section. a virtual learning instruction model or requires U.S.C. 9021) as of the day before the date of en-
(4) FAILURE TO FIND EMPLOYMENT.—The Sec- or makes optional a hybrid of in-person and vir- actment of this Act and on the date of enact-
retary shall not make a payment under para- tual learning instruction models, or the child ment of this Act becomes eligible for pandemic
graph (1)(C) with respect to an eligible veteran care provider of such son or daughter is un- emergency unemployment compensation under
who completes or fails to complete a program of available, due to COVID–19 precautions; section 2107 of the CARES Act (15 U.S.C. 9025)
education under the retraining assistance pro- (6) is experiencing any other substantially by reason of the amendments made by section
gram under this section if the veteran fails to similar condition; 9016(b) of this title, any payment of pandemic
find employment in a field related to the pro- (7) is caring for a family member with a men- unemployment assistance under such section
gram of education within the 180-period begin- tal or physical disability or who is 55 years of 2102 made after the date of enactment of this
ning on the date on which the veteran with- age or older and incapable of self-care, without Act to such individual during an appropriate
draws from or completes the program. regard to whether another individual other than period of time, as determined by the Secretary of
(e) NO TRANSFERABILITY.—Retraining assist- the employee is available to care for such family Labor, that should have been made under such
ance provided under this section may not be member, if the place of care for such family section 2107 shall not be considered to be an
transferred to another individual. member is closed or the direct care provider is overpayment of assistance under such section
(f) LIMITATION.—Not more than 17,250 eligible unavailable due to COVID–19; or 2102, except that an individual may not receive
veterans may receive retraining assistance (8) is obtaining immunization related to payment for assistance under section 2102 and a
under this section. COVID–19 or to recover from any injury, dis- payment for assistance under section 2107 for
(g) TERMINATION.—No retraining assistance ability, illness, or condition related to such im- the same week of unemployment.
may be paid under this section after the date munization. (d) EFFECTIVE DATE.—The amendments made
that is 21 months after the date of the enact- (c) LIMITATIONS.— by subsections (a) and (b) shall apply as if in-
ment of this Act. (1) PERIOD OF AVAILABILITY.—Paid leave
cluded in the enactment of the CARES Act
(h) FUNDING.—In addition to amounts other- under this section may only be provided to and
(Public Law 116–136), except that no amount
wise available there is appropriated to the De- used by a covered employee during the period
shall be payable by virtue of such amendments
partment of Veterans Affairs for fiscal year beginning on the date of enactment of this Act
with respect to any week of unemployment end-
2021, out of any money in the Treasury not oth- and ending on September 30, 2021.
ing on or before March 14, 2021.
erwise appropriated, $386,000,000, to remain (2) TOTAL HOURS; AMOUNT.—Paid leave under
SEC. 9012. EXTENSION OF EMERGENCY UNEM-
available until expended, to carry out this sec- this section—
PLOYMENT RELIEF FOR GOVERN-
(A) shall be provided to a covered employee in
tion. MENTAL ENTITIES AND NONPROFIT
an amount not to exceed 600 hours of paid leave ORGANIZATIONS.
SEC. 8007. PROHIBITION ON COPAYMENTS AND
for each full-time employee, and in the case of (a) IN GENERAL.—Section 903(i)(1)(D) of the
COST SHARING FOR VETERANS DUR-
ING EMERGENCY RELATING TO a part-time employee, employee on an uncom- Social Security Act (42 U.S.C. 1103(i)(1)(D)) is
COVID–19. mon tour of duty, or employee with a seasonal amended by striking ‘‘March 14, 2021’’ and in-
(a) IN GENERAL.—The Secretary of Veterans work schedule, in an amount not to exceed the serting ‘‘September 6, 2021’’.
Affairs— proportional equivalent of 600 hours to the ex- (b) INCREASE IN REIMBURSEMENT RATE.—Sec-
(1) shall provide for any copayment or other tent amounts in the Fund remain available for tion 903(i)(1)(B) of such Act (42 U.S.C.
cost sharing with respect to health care under reimbursement; 1103(i)(1)(B)) is amended—
the laws administered by the Secretary received (B) shall be paid at the same hourly rate as (1) in the first sentence, by inserting ‘‘and ex-
by a veteran during the period specified in sub- other leave payments; and cept as otherwise provided in this subpara-
section (b); and (C) may not be provided to a covered employee
graph’’ after ‘‘as determined by the Secretary of
(2) shall reimburse any veteran who paid a co- if the leave would result in payments greater
Labor’’; and
payment or other cost sharing for health care than $2,800 in aggregate for any biweekly pay (2) by inserting after the first sentence the fol-
under the laws administered by the Secretary period for a full-time employee, or a proportion- lowing: ‘‘With respect to the amounts of such
received by a veteran during such period the ally equivalent biweekly limit for a part-time compensation paid for weeks of unemployment
amount paid by the veteran. employee. beginning after March 31, 2021, and ending on
(b) PERIOD SPECIFIED.—The period specified (3) RELATIONSHIP TO OTHER LEAVE.—Paid
or before September 6, 2021, the preceding sen-
in this subsection is the period beginning on leave under this section—
tence shall be applied by substituting ‘75 per-
(A) is in addition to any other leave provided
April 6, 2020, and ending on September 30, 2021. cent’ for ‘one-half’.’’.
(c) FUNDING.—In addition to amounts other- to a covered employee; and
(B) may not be used by a covered employee SEC. 9013. EXTENSION OF FEDERAL PANDEMIC
wise available, there is appropriated to the Sec- UNEMPLOYMENT COMPENSATION.
concurrently with any other paid leave.
retary of Veterans Affairs for fiscal year 2021, (a) IN GENERAL.—Section 2104(e)(2) of the
(4) CALCULATION OF RETIREMENT BENEFIT.—
out of any money in the Treasury not otherwise CARES Act (15 U.S.C. 9023(e)(2)) is amended by
Any paid leave provided to a covered employee
appropriated, $1,000,000,000, to remain available striking ‘‘March 14, 2021’’ and inserting ‘‘Sep-
under this section shall reduce the total service
until expended, to carry out this section, except tember 6, 2021’’.
used to calculate any Federal civilian retirement
for health care furnished pursuant to section (b) AMOUNT.—Section 2104(b)(3)(A)(ii) of such
benefit.
1703(c)(2)–(c)(4) of title 38, United States Code. (d) COVERED EMPLOYEE DEFINED.—In this Act (15 U.S.C. 9023(b)(3)(A)(ii)) is amended by
SEC. 8008. EMERGENCY DEPARTMENT OF VET- section, the term ‘‘covered employee’’ means an striking ‘‘March 14, 2021’’ and inserting ‘‘Sep-
ERANS AFFAIRS EMPLOYEE LEAVE tember 6, 2021’’.
FUND.
employee of the Department of Veterans Affairs
appointed under chapter 74 of title 38, United SEC. 9014. EXTENSION OF FULL FEDERAL FUND-
(a) ESTABLISHMENT; APPROPRIATION.—There ING OF THE FIRST WEEK OF COM-
States Code.
is established in the Treasury the Emergency PENSABLE REGULAR UNEMPLOY-
Department of Veterans Affairs Employee Leave TITLE IX—COMMITTEE ON FINANCE MENT FOR STATES WITH NO WAIT-
Fund (in this section referred to as the Subtitle A—Crisis Support for Unemployed ING WEEK.
‘‘Fund’’), to be administered by the Secretary of Workers (a) IN GENERAL.—Section 2105(e)(2) of the
Veterans Affairs, for the purposes set forth in PART 1—EXTENSION OF CARES ACT CARES Act (15 U.S.C. 9024(e)(2)) is amended by
subsection (b). In addition to amounts otherwise UNEMPLOYMENT PROVISIONS striking ‘‘March 14, 2021’’ and inserting ‘‘Sep-
available, there is appropriated for fiscal year SEC. 9011. EXTENSION OF PANDEMIC UNEMPLOY- tember 6, 2021’’.
2021, out of any money in the Treasury not oth- MENT ASSISTANCE. (b) FULL REIMBURSEMENT.—Paragraph (3) of
erwise appropriated, $80,000,000, which shall be (a) IN GENERAL.—Section 2102(c) of the section 2105(c) of such Act (15 U.S.C. 9024(c)) is
deposited into the Fund and remain available CARES Act (15 U.S.C. 9021(c)) is amended— repealed and such section shall be applied to
through September 20, 2022. (1) in paragraph (1)— weeks of unemployment to which an agreement
dlhill on DSK120RN23PROD with HOUSE
(b) PURPOSE.—Amounts in the Fund shall be (A) by striking ‘‘paragraphs (2) and (3)’’ and under section 2105 of such Act applies as if such
available for payment to the Department of Vet- inserting ‘‘paragraph (2)’’; and paragraph had not been enacted. In imple-
erans Affairs for the use of paid leave by any (B) in subparagraph (A)(ii), by striking menting the preceding sentence, a State may, if
covered employee who is unable to work because ‘‘March 14, 2021’’ and inserting ‘‘September 6, necessary, reenter the agreement with the Sec-
the employee— 2021’’; and retary under section 2105 of such Act, and retro-
(1) is subject to a Federal, State, or local quar- (2) by striking paragraph (3) and redesig- actively pay for the first week of regular com-
antine or isolation order related to COVID–19; nating paragraph (4) as paragraph (3). pensation without a waiting week consistent
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1227
with State law (including a waiver of State law) PART 3—DEPARTMENT OF LABOR FUND- ‘‘(A) after application of sections 86, 135, 137,
and receive full reimbursement for weeks of un- ING FOR TIMELY, ACCURATE, AND EQUI- 219, 221, 222, and 469, and
employment that ended after December 31, 2020. TABLE PAYMENT ‘‘(B) without regard to this section.’’.
SEC. 9015. EXTENSION OF EMERGENCY STATE SEC. 9031. FUNDING FOR ADMINISTRATION. (b) CONFORMING AMENDMENTS.—
STAFFING FLEXIBILITY. In addition to amounts otherwise available, (1) Section 74(d)(2)(B) of the Internal Revenue
If a State modifies its unemployment com- there is appropriated to the Employment and Code of 1986 is amended by inserting ‘‘85(c),’’
pensation law and policies, subject to the suc- Training Administration of the Department of before ‘‘86’’.
ceeding sentence, with respect to personnel Labor for fiscal year 2021, out of any money in (2) Section 86(b)(2)(A) of such Code is amend-
standards on a merit basis on an emergency the Treasury not otherwise appropriated, ed by inserting ‘‘85(c),’’ before ‘‘135’’.
temporary basis as needed to respond to the $8,000,000, to remain available until expended, (3) Section 135(c)(4)(A) of such Code is amend-
spread of COVID–19, such modifications shall be for necessary expenses to carry out Federal ac- ed by inserting ‘‘85(c),’’ before ‘‘137’’.
disregarded for the purposes of applying section tivities relating to the administration of unem- (4) Section 137(b)(3)(A) of such Code is amend-
303 of the Social Security Act and section 3304 of ployment compensation programs. ed by inserting ‘‘85(c)’’ before ‘‘221’’.
the Internal Revenue Code of 1986 to such State SEC. 9032. FUNDING FOR FRAUD PREVENTION, (5) Section 219(g)(3)(A)(ii) of such Code is
law. Such modifications shall only apply EQUITABLE ACCESS, AND TIMELY amended by inserting ‘‘85(c),’’ before ‘‘135’’.
through September 6, 2021, and shall be limited PAYMENT TO ELIGIBLE WORKERS. (6) Section 221(b)(2)(C)(i) of such Code is
to engaging of temporary staff, rehiring of retir- Subtitle A of title II of division A of the amended by inserting ‘‘85(c)’’ before ‘‘911’’.
ees or former employees on a non-competitive CARES Act (Public Law 116–136) is amended by (7) Section 222(b)(2)(C)(i) of such Code, as in
basis, and other temporary actions to quickly adding at the end the following: effect before date of enactment of the Taxpayer
process applications and claims. ‘‘SEC. 2118. FUNDING FOR FRAUD PREVENTION, Certainty and Disaster Tax Relief Act of 2020, is
EQUITABLE ACCESS, AND TIMELY amended by inserting ‘‘85(c)’’ before ‘‘911’’.
SEC. 9016. EXTENSION OF PANDEMIC EMERGENCY
PAYMENT TO ELIGIBLE WORKERS. (8) Section 469(i)(3)(E)(ii) of such Code is
UNEMPLOYMENT COMPENSATION.
(a) IN GENERAL.—Section 2107(g) of the ‘‘(a) IN GENERAL.—In addition to amounts amended by striking ‘‘135 and 137’’ and insert-
otherwise available, there is appropriated to the ing ‘‘85(c), 135, and 137’’.
CARES Act (15 U.S.C. 9025(g)) is amended to
Secretary of Labor for fiscal year 2021, out of (c) EFFECTIVE DATE.—The amendments made
read as follows:
‘‘(g) APPLICABILITY.—An agreement entered any money in the Treasury not otherwise appro- by this section shall apply to taxable years be-
into under this section shall apply to weeks of priated, $2,000,000,000, to remain available until ginning after December 31, 2019.
unemployment— expended, to detect and prevent fraud, promote
equitable access, and ensure the timely payment Subtitle B—Emergency Assistance to Families
‘‘(1) beginning after the date on which such Through Home Visiting Programs
agreement is entered into; and of benefits with respect to unemployment com-
pensation programs, including programs ex- SEC. 9101. EMERGENCY ASSISTANCE TO FAMILIES
‘‘(2) ending on or before September 6, 2021.’’. THROUGH HOME VISITING PRO-
(b) INCREASE IN NUMBER OF WEEKS.—Section tended under subtitle A of title IX of the Amer-
ican Rescue Plan Act of 2021. GRAMS.
2107(b)(2) of such Act (15 U.S.C. 9025(b)(2)) is
‘‘(b) USE OF FUNDS.—Amounts made available Effective 1 day after the date of enactment of
amended by striking ‘‘24’’ and inserting ‘‘53’’.
under subsection (a) may be used— this Act, title V of the Social Security Act (42
(c) COORDINATION OF PANDEMIC EMERGENCY
‘‘(1) for Federal administrative costs related to U.S.C. 701–713) is amended by inserting after
UNEMPLOYMENT COMPENSATION WITH EXTENDED
the purposes described in subsection (a); section 511 the following:
COMPENSATION.—Section 2107(a)(5)(B) of such
‘‘(2) for systemwide infrastructure investment ‘‘SEC. 511A. EMERGENCY ASSISTANCE TO FAMI-
Act (15 U.S.C. 9025(a)(5)(B)) is amended by in- and development related to such purposes; and LIES THROUGH HOME VISITING PRO-
serting ‘‘or for the week that includes the date ‘‘(3) to make grants to States or territories ad- GRAMS.
of enactment of the American Rescue Plan Act ministering unemployment compensation pro- ‘‘(a) SUPPLEMENTAL APPROPRIATION.—In ad-
of 2021 (without regard to the amendments made grams described in subsection (a) (including ter- dition to amounts otherwise appropriated, out of
by subsections (a) and (b) of section 9016 of such ritories administering the Pandemic Unemploy- any money in the Treasury of the United States
Act)’’ after ‘‘2020)’’. ment Assistance program under section 2102) for
(d) SPECIAL RULE FOR EXTENDED COMPENSA- not otherwise appropriated, there are appro-
such purposes, including the establishment of priated to the Secretary $150,000,000, to remain
TION.—Section 2107(a)(8) of such Act (15 U.S.C. procedures or the building of infrastructure to
9025(a)(8)) is amended by striking ‘‘April 12, available through September 30, 2022, to enable
verify or validate identity, implement Federal eligible entities to conduct programs in accord-
2021’’ and inserting ‘‘September 6, 2021’’. guidance regarding fraud detection and preven-
(e) EFFECTIVE DATE.—The amendments made ance with section 511 and subsection (c) of this
tion, and accelerate claims processing or process section.
by this section shall apply as if included in the claims backlogs due to the pandemic.
enactment of the CARES Act (Public Law 116– ‘‘(b) ELIGIBILITY FOR FUNDS.—To be eligible to
‘‘(c) RESTRICTIONS ON GRANTS TO STATES AND receive funds made available by subsection (a)
136), except that no amount shall be payable by TERRITORIES.—As a condition of receiving a
virtue of such amendments with respect to any of this section, an entity shall—
grant under subsection (b)(3), the Secretary may ‘‘(1) as of the date of the enactment of this
week of unemployment ending on or before require that a State or territory receiving such a
March 14, 2021. section, be conducting a program under section
grant shall— 511;
SEC. 9017. EXTENSION OF TEMPORARY FINANC- ‘‘(1) use such program integrity tools as the
ING OF SHORT-TIME COMPENSATION ‘‘(2) ensure the modification of grants, con-
Secretary may specify; and
PAYMENTS IN STATES WITH PRO- ‘‘(2) as directed by the Secretary, conduct user tracts, and other agreements, as applicable, exe-
GRAMS IN LAW.
accessibility testing on any new system devel- cuted under section 511 under which the pro-
Section 2108(b)(2) of the CARES Act (15 U.S.C. oped by the Secretary pursuant to subsection gram is conducted as are necessary to provide
9026(b)(2)) is amended by striking ‘‘March 14, (b)(2).’’. that, during the period that begins with the
2021’’ and inserting ‘‘September 6, 2021’’. date of the enactment of this section and ends
PART 4—OTHER PROVISIONS
SEC. 9018. EXTENSION OF TEMPORARY FINANC- with the end of the 2nd succeeding fiscal year
ING OF SHORT-TIME COMPENSATION SEC. 9041. EXTENSION OF LIMITATION ON EX- after the funds are awarded, the entity shall—
AGREEMENTS FOR STATES WITHOUT CESS BUSINESS LOSSES OF NONCOR-
‘‘(A) not reduce funding for, or staffing levels
PROGRAMS IN LAW. PORATE TAXPAYERS.
of, the program on account of reduced enroll-
Section 2109(d)(2) of the CARES Act (15 U.S.C. (a) IN GENERAL.—Section 461(l)(1) of the In-
ment in the program; and
9027(d)(2)) is amended by striking ‘‘March 14, ternal Revenue Code of 1986 is amended by
‘‘(B) when using funds to provide emergency
2021’’ and inserting ‘‘September 6, 2021’’. striking ‘‘January 1, 2026’’ each place it appears
supplies to eligible families receiving grant serv-
and inserting ‘‘January 1, 2027’’.
PART 2—EXTENSION OF FFCRA (b) EFFECTIVE DATE.—The amendments made ices under section 511, ensure coordination with
UNEMPLOYMENT PROVISIONS by this section shall apply to taxable years be- local diaper banks to the extent practicable; and
SEC. 9021. EXTENSION OF TEMPORARY ASSIST- ginning after December 31, 2025. ‘‘(3) reaffirm that, in conducting the program,
ANCE FOR STATES WITH ADVANCES. SEC. 9042. SUSPENSION OF TAX ON PORTION OF
the entity will focus on priority populations (as
Section 1202(b)(10)(A) of the Social Security UNEMPLOYMENT COMPENSATION. defined in section 511(d)(4)).
Act (42 U.S.C. 1322(b)(10)(A)) is amended by (a) IN GENERAL.—Section 85 of the Internal ‘‘(c) USES OF FUNDS.—An entity to which
striking ‘‘March 14, 2021’’ and inserting ‘‘Sep- Revenue Code of 1986 is amended by adding at funds are provided under this section shall use
tember 6, 2021’’. the end the following new subsection: the funds—
SEC. 9022. EXTENSION OF FULL FEDERAL FUND- ‘‘(c) SPECIAL RULE FOR 2020.— ‘‘(1) to serve families with home visits or with
ING OF EXTENDED UNEMPLOYMENT ‘‘(1) IN GENERAL.—In the case of any taxable virtual visits, that may be conducted by the use
COMPENSATION. year beginning in 2020, if the adjusted gross in- of electronic information and telecommuni-
(a) IN GENERAL.—Section 4105 of the Families come of the taxpayer for such taxable year is cations technologies, in a service delivery model
First Coronavirus Response Act (26 U.S.C. 3304 less than $150,000, the gross income of such tax- described in section 511(d)(3)(A);
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note) is amended by striking ‘‘March 14, 2021’’ payer shall not include so much of the unem- ‘‘(2) to pay hazard pay or other additional
each place it appears and inserting ‘‘September ployment compensation received by such tax- staff costs associated with providing home visits
6, 2021’’. payer (or, in the case of a joint return, received or administration for programs funded under
(b) EFFECTIVE DATE.—The amendment made by each spouse) as does not exceed $10,200. section 511;
by subsection (a) shall apply as if included in ‘‘(2) APPLICATION.—For purposes of para- ‘‘(3) to train home visitors employed by the en-
the enactment of the Families First Coronavirus graph (1), the adjusted gross income of the tax- tity in conducting a virtual home visit and in
Response Act (Public Law 116–127). payer shall be determined— emergency preparedness and response planning
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H1228 CONGRESSIONAL RECORD — HOUSE March 10, 2021
for families served, and may include training on ‘‘(C) EXPENDITURE COMMITMENT REQUIRE- ‘‘SEC. 2010. ADDITIONAL FUNDING FOR AGING
how to safely conduct intimate partner violence MENT.—To receive the full amount of funding AND DISABILITY SERVICES PRO-
GRAMS.
screenings, and training on safety and planning payable under this subsection, a State or Indian
for families served to support the family outcome tribe shall inform the Secretary as to whether it ‘‘(a) APPROPRIATION.—In addition to amounts
improvements listed in section 511(d)(2)(B); intends to use all of its allotment under this otherwise available, there is appropriated for
‘‘(4) for the acquisition by families served by paragraph and provide that information— fiscal year 2021, out of any money in the Treas-
programs under section 511 of such techno- ‘‘(i) in the case of a State that is not a terri- ury not otherwise appropriated, $276,000,000, to
logical means as are needed to conduct and sup- tory, within 45 days after the date of the enact- remain available until expended, to carry out
port a virtual home visit; ment of this subsection; or the programs described in subtitle B.
‘‘(ii) in the case of a territory or an Indian ‘‘(b) USE OF FUNDS.—Of the amounts made
‘‘(5) to provide emergency supplies (such as
tribe, within 90 days after such date of enact- available by subsection (a)—
diapers and diapering supplies including diaper ‘‘(1) $88,000,000 shall be made available to
wipes and diaper cream, necessary to ensure ment.
‘‘(4) GRANTS.— carry out the programs described in subtitle B in
that a child using a diaper is properly cleaned fiscal year 2021, of which not less than an
and protected from diaper rash, formula, food, ‘‘(A) IN GENERAL.—The Secretary shall pro-
vide funds to each State and Indian tribe to amount equal to $100,0000,000 minus the amount
water, hand soap and hand sanitizer) to an eli- previously provided in fiscal year 2021 to carry
gible family (as defined in section 511(k)(2)); which an amount is allotted under paragraph
(3), from the amount so allotted. out section 2042(b) shall be made available to
‘‘(6) to coordinate with and provide reimburse- carry out such section; and
ment for supplies to diaper banks when using ‘‘(B) TREATMENT OF UNUSED FUNDS.—
‘‘(i) REALLOTMENT.—The Secretary shall ‘‘(2) $188,000,000 shall be made available to
such entities to provide emergency supplies spec- carry out the programs described in subtitle B in
reallot in accordance with paragraph (3) all
ified in paragraph (5); or fiscal year 2022, of which not less than
funds provided to any State or Indian tribe
‘‘(7) to provide prepaid grocery cards to an eli- $100,000,000 shall be for activities described in
under this subsection that are unused, among
gible family (as defined in section 511(k)(2)) par- section 2042(b).’’.
the other States and Indian tribes eligible for
ticipating in the maternal, infant, and early Subtitle E—Support to Skilled Nursing
funds under this subsection. For purposes of
childhood home visiting program under section Facilities in Response to COVID–19
paragraph (3), the Secretary shall treat the
511 for the purpose of enabling the family to
funds as if included in the amount specified in SEC. 9401. PROVIDING FOR INFECTION CONTROL
meet the emergency needs of the family.’’. SUPPORT TO SKILLED NURSING FA-
paragraph (1).
Subtitle C—Emergency Assistance to Children ‘‘(ii) PROVISION.—The Secretary shall provide CILITIES THROUGH CONTRACTS
and Families funds to each such other State or Indian tribe in WITH QUALITY IMPROVEMENT ORGA-
NIZATIONS.
SEC. 9201. PANDEMIC EMERGENCY ASSISTANCE. an amount equal to the amount so reallotted.
‘‘(5) RECIPIENT OF FUNDS PROVIDED FOR TER- Section 1862(g) of the Social Security Act (42
Section 403 of the Social Security Act (42 U.S.C. 1395y(g)) is amended—
U.S.C. 603) is amended by adding at the end the RITORIES.—In the case of a territory not oper-
ating a program funded under this part, the (1) by striking ‘‘The Secretary’’ and inserting
following: ‘‘(1) The Secretary’’; and
‘‘(c) PANDEMIC EMERGENCY ASSISTANCE.— Secretary shall provide the funds required to be
(2) by adding at the end the following new
‘‘(1) APPROPRIATION.—In addition to amounts provided to the territory under this subsection,
paragraph:
otherwise available, there is appropriated for to the agency that administers the bulk of local ‘‘(2) In addition to any funds otherwise avail-
fiscal year 2021, out of any money in the Treas- human services programs in the territory. able, there are appropriated to the Secretary,
ury of the United States not otherwise appro- ‘‘(6) USE OF FUNDS.—
out of any monies in the Treasury not otherwise
priated, $1,000,000,000, to remain available until ‘‘(A) IN GENERAL.—A State or Indian tribe to
obligated, $200,000,000, to remain available until
expended, to carry out this subsection. which funds are provided under this subsection
expended, for purposes of requiring multiple or-
‘‘(2) RESERVATION OF FUNDS FOR TECHNICAL may use the funds only for non-recurrent short
ganizations described in paragraph (1) to pro-
ASSISTANCE.—Of the amount specified in para-
term benefits, whether in the form of cash or in
vide to skilled nursing facilities (as defined in
graph (1), the Secretary shall reserve $2,000,000 other forms.
‘‘(B) LIMITATION ON USE FOR ADMINISTRATIVE section 1819(a)), infection control and vaccina-
for administrative expenses and the provision of tion uptake support relating to the prevention
EXPENSES.—A State to which funds are provided
technical assistance to States and Indian tribes or mitigation of COVID–19, as determined ap-
under this subsection shall not expend more
with respect to the use of funds provided under propriate by the Secretary.’’.
than 15 percent of the funds for administrative
this subsection. SEC. 9402. FUNDING FOR STRIKE TEAMS FOR
purposes.
‘‘(3) ALLOTMENTS.— ‘‘(C) NONSUPPLANTATION.—Funds provided RESIDENT AND EMPLOYEE SAFETY
‘‘(A) 50 STATES AND THE DISTRICT OF COLUM- IN SKILLED NURSING FACILITIES.
under this subsection shall be used to supple-
BIA.— Section 1819 of the Social Security Act (42
ment and not supplant other Federal, State, or
‘‘(i) TOTAL AMOUNT TO BE ALLOTTED.—The U.S.C. 1395i–3) is amended by adding at the end
tribal funds for services and activities that pro-
Secretary shall allot a total of 92.5 percent of the following new subsection:
mote the purposes of this part.
the amount specified in paragraph (1) that is ‘‘(k) FUNDING FOR STRIKE TEAMS.—In addi-
‘‘(D) EXPENDITURE DEADLINE.—
not reserved under paragraph (2) among the ‘‘(i) IN GENERAL.—Except as provided in tion to amounts otherwise available, there is ap-
States that are not a territory and that are oper- clause (ii), a State or Indian tribe to which propriated to the Secretary, out of any monies
ating a program funded under this part, in ac- funds are provided under this subsection shall in the Treasury not otherwise appropriated,
cordance with clause (ii) of this subparagraph. expend the funds not later than the end of fiscal $250,000,000, to remain available until expended,
‘‘(ii) ALLOTMENT FORMULA.—The Secretary year 2022. for purposes of allocating such amount among
shall allot to each such State the sum of the fol- ‘‘(ii) EXCEPTION FOR REALLOTTED FUNDS.—A the States (including the District of Columbia
lowing percentages of the total amount de- State or Indian tribe to which funds are pro- and each territory of the United States) for such
scribed in clause (i): vided under paragraph (4)(B) shall expend the a State to establish and implement a strike team
‘‘(I) 50 percent, multiplied by— funds within 12 months after receipt. that will be deployed to a skilled nursing facil-
‘‘(aa) the population of children in the State, ‘‘(7) SUSPENSION OF TERRITORY SPENDING ity in the State with diagnosed or suspected
determined on the basis of the most recent popu- CAP.—Section 1108 shall not apply with respect cases of COVID–19 among residents or staff for
lation estimates as determined by the Bureau of to any funds provided under this subsection. the purposes of assisting with clinical care, in-
the Census; divided by ‘‘(8) DEFINITIONS.—In this subsection: fection control, or staffing during the emergency
‘‘(bb) the total population of children in the ‘‘(A) APPLICABLE PERIOD.—The term ‘applica- period described in section 1135(g)(1)(B) and the
States that are not territories, as so determined; ble period’ means the period that begins with 1-year period immediately following the end of
plus April 1, 2021, and ends with September 30, 2022. such emergency period.’’.
‘‘(II) 50 percent, multiplied by— ‘‘(B) NON-RECURRENT SHORT TERM BENEFITS.— Subtitle F—Preserving Health Benefits for
‘‘(aa) the total amount expended by the State The term ‘non-recurrent short term benefits’ has Workers
for basic assistance, non-recurrent short term the meaning given the term in OMB approved SEC. 9501. PRESERVING HEALTH BENEFITS FOR
benefits, and emergency assistance in fiscal year Form ACF–196R, published on July 31, 2014. WORKERS.
2019, as reported by the State under section 411; ‘‘(C) STATE.—The term ‘State’ means the 50 (a) PREMIUM ASSISTANCE FOR COBRA CON-
divided by States of the United States, the District of Co- TINUATION COVERAGE FOR INDIVIDUALS AND
‘‘(bb) the total amount expended by the States lumbia, and the territories. THEIR FAMILIES.—
that are not territories for basic assistance, non- ‘‘(D) TERRITORY.—The term ‘territory’ means (1) PROVISION OF PREMIUM ASSISTANCE.—
recurrent short term benefits, and emergency as- the Commonwealth of Puerto Rico, the United (A) REDUCTION OF PREMIUMS PAYABLE.—In
sistance in fiscal year 2019, as so reported by the States Virgin Islands, Guam, American Samoa, the case of any premium for a period of coverage
States. and the Commonwealth of the Northern Mar- during the period beginning on the first day of
‘‘(B) TERRITORIES AND INDIAN TRIBES.—The iana Islands.’’. the first month beginning after the date of the
Subtitle D—Elder Justice and Support
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Secretary shall allot among the territories and enactment of this Act, and ending on September
Indian tribes otherwise eligible for a grant Guarantee 30, 2021, for COBRA continuation coverage with
under this part such portions of 7.5 percent of SEC. 9301. ADDITIONAL FUNDING FOR AGING AND respect to any assistance eligible individual de-
the amount specified in paragraph (1) that are DISABILITY SERVICES PROGRAMS. scribed in paragraph (3), such individual shall
not reserved under paragraph (2) as the Sec- Subtitle A of title XX of the Social Security be treated for purposes of any COBRA continu-
retary deems appropriate based on the needs of Act (42 U.S.C. 1397–1397h) is amended by adding ation provision as having paid in full the
the territory or Indian tribe involved. at the end the following: amount of such premium.
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1229
(B) PLAN ENROLLMENT OPTION.— health plan with respect to which paragraph (I) the availability of premium assistance with
(i) IN GENERAL.—Solely for purposes of this (1)(A) applies if such paragraph ceases to apply respect to such coverage under this subsection;
subsection, the COBRA continuation provisions by reason of clause (i) of subparagraph (A) (as and
shall be applied such that any assistance eligi- applicable). Such notice shall be provided to the (II) the option to enroll in different coverage
ble individual who is enrolled in a group health group health plan in such time and manner as if the employer permits assistance eligible indi-
plan offered by a plan sponsor may, not later may be specified by the Secretary of Labor. viduals described in paragraph (3) to elect en-
than 90 days after the date of notice of the plan (3) ASSISTANCE ELIGIBLE INDIVIDUAL.—For rollment in different coverage (as described in
enrollment option described in this subpara- purposes of this section, the term ‘‘assistance el- paragraph (1)(B)).
graph, elect to enroll in coverage under a plan igible individual’’ means, with respect to a pe- (ii) ALTERNATIVE NOTICE.—In the case of
offered by such plan sponsor that is different riod of coverage during the period beginning on COBRA continuation coverage to which the no-
than coverage under the plan in which such in- the first day of the first month beginning after tice provision under such sections does not
dividual was enrolled at the time, in the case of the date of the enactment of this Act, and end- apply, the Secretary of Labor, in consultation
any assistance eligible individual described in ing on September 30, 2021, any individual that is with the Secretary of the Treasury and the Sec-
paragraph (3), the qualifying event specified in a qualified beneficiary who— retary of Health and Human Services, shall, in
section 603(2) of the Employee Retirement In- (A) is eligible for COBRA continuation cov- consultation with administrators of the group
come Security Act of 1974, section 4980B(f)(3)(B) erage by reason of a qualifying event specified health plans (or other entities) that provide or
of the Internal Revenue Code of 1986, or section in section 603(2) of the Employee Retirement In- administer the COBRA continuation coverage
2203(2) of the Public Health Service Act, except come Security Act of 1974, section 4980B(f)(3)(B) involved, provide rules requiring the provision
for the voluntary termination of such individ- of the Internal Revenue Code of 1986, or section of such notice.
ual’s employment by such individual, occurred, 2203(2) of the Public Health Service Act, except (iii) FORM.—The requirement of the additional
and such coverage shall be treated as COBRA for the voluntary termination of such individ- notification under this subparagraph may be
continuation coverage for purposes of the appli- ual’s employment by such individual; and met by amendment of existing notice forms or by
cable COBRA continuation coverage provision. (B) elects such coverage. inclusion of a separate document with the no-
(ii) REQUIREMENTS.—Any assistance eligible (4) EXTENSION OF ELECTION PERIOD AND EF- tice otherwise required.
individual may elect to enroll in different cov- FECT ON COVERAGE.— (B) SPECIFIC REQUIREMENTS.—Each additional
erage as described in clause (i) only if— (A) IN GENERAL.—For purposes of applying notification under subparagraph (A) shall in-
(I) the employer involved has made a deter- section 605(a) of the Employee Retirement In- clude—
mination that such employer will permit such come Security Act of 1974, section 4980B(f)(5)(A) (i) the forms necessary for establishing eligi-
assistance eligible individual to enroll in dif- of the Internal Revenue Code of 1986, and sec- bility for premium assistance under this sub-
ferent coverage as provided under this subpara- tion 2205(a) of the Public Health Service Act, in section;
graph; (ii) the name, address, and telephone number
the case of—
(II) the premium for such different coverage necessary to contact the plan administrator and
(i) an individual who does not have an elec-
does not exceed the premium for coverage in any other person maintaining relevant informa-
tion of COBRA continuation coverage in effect
which such individual was enrolled at the time tion in connection with such premium assist-
on the first day of the first month beginning
such qualifying event occurred; ance;
after the date of the enactment of this Act but
(III) the different coverage in which the indi- (iii) a description of the extended election pe-
who would be an assistance eligible individual
vidual elects to enroll is coverage that is also of- riod provided for in paragraph (4)(A);
described in paragraph (3) if such election were (iv) a description of the obligation of the
fered to similarly situated active employees of so in effect; or
the employer at the time at which such election qualified beneficiary under paragraph (2)(B)
(ii) an individual who elected COBRA con- and the penalty provided under section 6720C of
is made; and tinuation coverage and discontinued from such
(IV) the different coverage in which the indi- the Internal Revenue Code of 1986 for failure to
coverage before the first day of the first month carry out the obligation;
vidual elects to enroll is not—
beginning after the date of the enactment of this (v) a description, displayed in a prominent
(aa) coverage that provides only excepted ben-
Act, manner, of the qualified beneficiary’s right to a
efits as defined in section 9832(c) of the Internal
such individual may elect the COBRA continu- subsidized premium and any conditions on enti-
Revenue Code of 1986, section 733(c) of the Em-
ation coverage under the COBRA continuation tlement to the subsidized premium; and
ployee Retirement Income Security Act of 1974,
coverage provisions containing such provisions (vi) a description of the option of the qualified
and section 2791(c) of the Public Health Service
during the period beginning on the first day of beneficiary to enroll in different coverage if the
Act;
(bb) a qualified small employer health reim- the first month beginning after the date of the employer permits such beneficiary to elect to en-
bursement arrangement (as defined in section enactment of this Act and ending 60 days after roll in such different coverage under paragraph
9831(d)(2) of the Internal Revenue Code of 1986); the date on which the notification required (1)(B).
or under paragraph (5)(C) is provided to such indi- (C) NOTICE IN CONNECTION WITH EXTENDED
(cc) a flexible spending arrangement (as de- vidual. ELECTION PERIODS.—In the case of any assist-
fined in section 106(c)(2) of the Internal Rev- (B) COMMENCEMENT OF COBRA CONTINUATION ance eligible individual described in paragraph
enue Code of 1986). COVERAGE.—Any COBRA continuation coverage (3) (or any individual described in paragraph
(2) LIMITATION OF PERIOD OF PREMIUM ASSIST- elected by a qualified beneficiary during an ex- (4)(A)) who became entitled to elect COBRA
ANCE.— tended election period under subparagraph continuation coverage before the first day of the
(A) ELIGIBILITY FOR ADDITIONAL COVERAGE.— (A)— first month beginning after the date of the en-
Paragraph (1)(A) shall not apply with respect to (i) shall commence (including for purposes of actment of this Act, the administrator of the ap-
any assistance eligible individual described in applying the treatment of premium payments plicable group health plan (or other entity)
paragraph (3) for months of coverage beginning under paragraph (1)(A) and any cost-sharing shall provide (within 60 days after such first
on or after the earlier of— requirements for items and services under a day of such first month) for the additional noti-
(i) the first date that such individual is eligi- group health plan) with the first period of cov- fication required to be provided under subpara-
ble for coverage under any other group health erage beginning on or after the first day of the graph (A) and failure to provide such notice
plan (other than coverage consisting of only ex- first month beginning after the date of the en- shall be treated as a failure to meet the notice
cepted benefits (as defined in section 9832(c) of actment of this Act, and requirements under the applicable COBRA con-
the Internal Revenue Code of 1986, section (ii) shall not extend beyond the period of tinuation provision.
733(c) of the Employee Retirement Income Secu- COBRA continuation coverage that would have (D) MODEL NOTICES.—Not later than 30 days
rity Act of 1974, and section 2791(c) of the Public been required under the applicable COBRA con- after the date of enactment of this Act, with re-
Health Service Act), coverage under a flexible tinuation coverage provision if the coverage had spect to any assistance eligible individual de-
spending arrangement (as defined in section been elected as required under such provision or scribed in paragraph (3), the Secretary of Labor,
106(c)(2) of the Internal Revenue Code of 1986), had not been discontinued. in consultation with the Secretary of the Treas-
coverage under a qualified small employer (5) NOTICES TO INDIVIDUALS.— ury and the Secretary of Health and Human
health reimbursement arrangement (as defined (A) GENERAL NOTICE.— Services, shall prescribe models for the addi-
in section 9831(d)(2) of the Internal Revenue (i) IN GENERAL.—In the case of notices pro- tional notification required under this para-
Code of 1986)), or eligible for benefits under the vided under section 606(a)(4) of the Employee graph.
Medicare program under title XVIII of the So- Retirement Income Security Act of 1974 (29 (6) NOTICE OF EXPIRATION OF PERIOD OF PRE-
cial Security Act; or U.S.C. 1166(4)), section 4980B(f)(6)(D) of the In- MIUM ASSISTANCE.—
(ii) the earlier of— ternal Revenue Code of 1986, or section 2206(4) (A) IN GENERAL.—With respect to any assist-
(I) the date following the expiration of the of the Public Health Service Act (42 U.S.C. ance eligible individual, subject to subpara-
maximum period of continuation coverage re- 300bb–6(4)), with respect to individuals who, graph (B), the requirements of section 606(a)(4)
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quired under the applicable COBRA continu- during the period described in paragraph (3), of the Employee Retirement Income Security Act
ation coverage provision; or become entitled to elect COBRA continuation of 1974 (29 U.S.C. 1166(4)), section 4980B(f)(6)(D)
(II) the date following the expiration of the coverage, the requirements of such provisions of the Internal Revenue Code of 1986, or section
period of continuation coverage allowed under shall not be treated as met unless such notices 2206(4) of the Public Health Service Act (42
paragraph (4)(B)(ii). include an additional written notification to the U.S.C. 300bb–6(4)), shall not be treated as met
(B) NOTIFICATION REQUIREMENT.—Any assist- recipient in clear and understandable language unless the plan administrator of the individual,
ance eligible individual shall notify the group of— during the period specified under subparagraph
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H1230 CONGRESSIONAL RECORD — HOUSE March 10, 2021
(C), provides to such individual a written notice section (f)(1) of such section insofar as it relates ‘‘(3) in the case of any group health plan not
in clear and understandable language— to pediatric vaccines), or under a State program described in paragraph (1) or (2), the insurer
(i) that the premium assistance for such indi- that provides comparable continuation coverage. providing the coverage under the group health
vidual will expire soon and the prominent iden- Such term does not include coverage under a plan.
tification of the date of such expiration; and health flexible spending arrangement under a ‘‘(c) LIMITATIONS AND REFUNDABILITY.—
(ii) that such individual may be eligible for cafeteria plan within the meaning of section 125 ‘‘(1) CREDIT LIMITED TO CERTAIN EMPLOYMENT
coverage without any premium assistance of the Internal Revenue Code of 1986. TAXES.—The credit allowed by subsection (a)
through— (C) COBRA CONTINUATION PROVISION.—The with respect to any calendar quarter shall not
(I) COBRA continuation coverage; or term ‘‘COBRA continuation provision’’ means exceed the tax imposed by section 3111(b), or so
(II) coverage under a group health plan. the provisions of law described in subparagraph much of the taxes imposed under section 3221(a)
(B) EXCEPTION.—The requirement for the (B). as are attributable to the rate in effect under
group health plan administrator to provide the (D) COVERED EMPLOYEE.—The term ‘‘covered section 3111(b), for such calendar quarter (re-
written notice under subparagraph (A) shall be employee’’ has the meaning given such term in duced by any credits allowed against such taxes
waived if the premium assistance for such indi- section 607(2) of the Employee Retirement In- under sections 3131, 3132, and 3134) on the
vidual expires pursuant to clause (i) of para- come Security Act of 1974. wages paid with respect to the employment of
graph (2)(A). (E) QUALIFIED BENEFICIARY.—The term all employees of the employer.
(C) PERIOD SPECIFIED.—For purposes of sub- ‘‘qualified beneficiary’’ has the meaning given ‘‘(2) REFUNDABILITY OF EXCESS CREDIT.—
paragraph (A), the period specified in this sub- such term in section 607(3) of the Employee Re- ‘‘(A) CREDIT IS REFUNDABLE.—If the amount
paragraph is, with respect to the date of expira- of the credit under subsection (a) exceeds the
tirement Income Security Act of 1974.
tion of premium assistance for any assistance el- (F) GROUP HEALTH PLAN.—The term ‘‘group limitation of paragraph (1) for any calendar
igible individual pursuant to a limitation requir- health plan’’ has the meaning given such term quarter, such excess shall be treated as an over-
ing a notice under this paragraph, the period payment that shall be refunded under sections
in section 607(1) of the Employee Retirement In-
beginning on the day that is 45 days before the 6402(a) and 6413(b).
come Security Act of 1974.
date of such expiration and ending on the day ‘‘(B) CREDIT MAY BE ADVANCED.—In anticipa-
(G) STATE.—The term ‘‘State’’ includes the
that is 15 days before the date of such expira- tion of the credit, including the refundable por-
District of Columbia, the Commonwealth of
tion. tion under subparagraph (A), the credit may be
Puerto Rico, the Virgin Islands, Guam, Amer- advanced, according to forms and instructions
(D) MODEL NOTICES.—Not later than 45 days ican Samoa, and the Commonwealth of the
after the date of enactment of this Act, with re- provided by the Secretary, up to an amount cal-
Northern Mariana Islands. culated under subsection (a) through the end of
spect to any assistance eligible individual, the (H) PERIOD OF COVERAGE.—Any reference in
Secretary of Labor, in consultation with the the most recent payroll period in the quarter.
this subsection to a period of coverage shall be ‘‘(C) TREATMENT OF DEPOSITS.—The Secretary
Secretary of the Treasury and the Secretary of treated as a reference to a monthly or shorter shall waive any penalty under section 6656 for
Health and Human Services, shall prescribe period of coverage with respect to which pre- any failure to make a deposit of the tax imposed
models for the notification required under this miums are charged with respect to such cov- by section 3111(b), or so much of the taxes im-
paragraph. erage. posed under section 3221(a) as are attributable
(7) REGULATIONS.—The Secretary of the (I) PLAN SPONSOR.—The term ‘‘plan sponsor’’ to the rate in effect under section 3111(b), if the
Treasury and the Secretary of Labor may joint- has the meaning given such term in section Secretary determines that such failure was due
ly prescribe such regulations or other guidance 3(16)(B) of the Employee Retirement Income Se- to the anticipation of the credit allowed under
as may be necessary or appropriate to carry out curity Act of 1974. this section.
the provisions of this subsection, including the (J) PREMIUM.—The term ‘‘premium’’ includes, ‘‘(D) TREATMENT OF PAYMENTS.—For purposes
prevention of fraud and abuse under this sub- with respect to COBRA continuation coverage, of section 1324 of title 31, United States Code,
section, except that the Secretary of Labor and any administrative fee. any amounts due to an employer under this
the Secretary of Health and Human Services (10) IMPLEMENTATION FUNDING.—In addition paragraph shall be treated in the same manner
may prescribe such regulations (including in- to amounts otherwise made available, out of any as a refund due from a credit provision referred
terim final regulations) or other guidance as funds in the Treasury not otherwise appro- to in subsection (b)(2) of such section.
may be necessary or appropriate to carry out priated, there are appropriated to the Secretary ‘‘(3) OVERSTATEMENTS.—Any overstatement of
the provisions of paragraphs (5), (6), and (8). of Labor for fiscal year 2021, $10,000,000, to re- the credit to which a person is entitled under
(8) OUTREACH.— main available until expended, for the Employee this section (and any amount paid by the Sec-
(A) IN GENERAL.—The Secretary of Labor, in Benefits Security Administration to carry out retary as a result of such overstatement) shall
consultation with the Secretary of the Treasury the provisions of this subtitle. be treated as an underpayment by such person
and the Secretary of Health and Human Serv- (b) COBRA PREMIUM ASSISTANCE.— of the taxes described in paragraph (1) and may
ices, shall provide outreach consisting of public (1) ALLOWANCE OF CREDIT.— be assessed and collected by the Secretary in the
education and enrollment assistance relating to (A) IN GENERAL.—Subchapter B of chapter 65 same manner as such taxes.
premium assistance provided under this sub- of the Internal Revenue Code of 1986 is amended ‘‘(d) GOVERNMENTAL ENTITIES.—For purposes
section. Such outreach shall target employers, by adding at the end the following new section: of this section, the term ‘person’ includes the
group health plan administrators, public assist- ‘‘SEC. 6432. CONTINUATION COVERAGE PREMIUM government of any State or political subdivision
ance programs, States, insurers, and other enti- ASSISTANCE. thereof, any Indian tribal government (as de-
ties as determined appropriate by such Secre- ‘‘(a) IN GENERAL.—The person to whom pre- fined in section 139E(c)(1)), any agency or in-
taries. Such outreach shall include an initial miums are payable for continuation coverage strumentality of any of the foregoing, and any
focus on those individuals electing continuation under section 9501(a)(1) of the American Rescue agency or instrumentality of the Government of
coverage who are referred to in paragraph Plan Act of 2021 shall be allowed as a credit the United States that is described in section
(5)(C). Information on such premium assistance, against the tax imposed by section 3111(b), or so 501(c)(1) and exempt from taxation under sec-
including enrollment, shall also be made avail- much of the taxes imposed under section 3221(a) tion 501(a).
able on websites of the Departments of Labor, as are attributable to the rate in effect under ‘‘(e) DENIAL OF DOUBLE BENEFIT.—For pur-
Treasury, and Health and Human Services. section 3111(b), for each calendar quarter an poses of chapter 1, the gross income of any per-
(B) ENROLLMENT UNDER MEDICARE.—The Sec- amount equal to the premiums not paid by as- son allowed a credit under this section shall be
retary of Health and Human Services shall pro- sistance eligible individuals for such coverage by increased for the taxable year which includes
vide outreach consisting of public education. reason of such section 9501(a)(1) with respect to the last day of any calendar quarter with re-
Such outreach shall target individuals who lose such calendar quarter. spect to which such credit is allowed by the
health insurance coverage. Such outreach shall ‘‘(b) PERSON TO WHOM PREMIUMS ARE PAY- amount of such credit. No credit shall be al-
include information regarding enrollment for ABLE.—For purposes of subsection (a), except as lowed under this section with respect to any
Medicare benefits for purposes of preventing otherwise provided by the Secretary, the person amount which is taken into account as qualified
mistaken delays of such enrollment by such in- to whom premiums are payable under such con- wages under section 2301 of the CARES Act or
dividuals, including lifetime penalties for failure tinuation coverage shall be treated as being— section 3134 of this title or as qualified health
of timely enrollment. ‘‘(1) in the case of any group health plan plan expenses under section 7001(d) or 7003(d) of
(9) DEFINITIONS.—For purposes of this section: which is a multiemployer plan (as defined in the Families First Coronavirus Response Act or
(A) ADMINISTRATOR.—The term ‘‘adminis- section 3(37) of the Employee Retirement Income section 3131 or 3132 of this title.
trator’’ has the meaning given such term in sec- Security Act of 1974), the plan, ‘‘(f) EXTENSION OF LIMITATION ON ASSESS-
tion 3(16)(A) of the Employee Retirement Income ‘‘(2) in the case of any group health plan not MENT.—Notwithstanding section 6501, the limi-
Security Act of 1974, and includes a COBRA ad- described in paragraph (1)— tation on the time period for the assessment of
ministrator. ‘‘(A) which is subject to the COBRA continu- any amount attributable to a credit claimed
(B) COBRA CONTINUATION COVERAGE.—The ation provisions contained in— under this section shall not expire before the
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term ‘‘COBRA continuation coverage’’ means ‘‘(i) the Internal Revenue Code of 1986, date that is 5 years after the later of—
continuation coverage provided pursuant to ‘‘(ii) the Employee Retirement Income Security ‘‘(1) the date on which the original return
part 6 of subtitle B of title I of the Employee Re- Act of 1974, or which includes the calendar quarter with re-
tirement Income Security Act of 1974 (other than ‘‘(iii) the Public Health Service Act, or spect to which such credit is determined is filed,
under section 609), title XXII of the Public ‘‘(B) under which some or all of the coverage or
Health Service Act, or section 4980B of the In- is not provided by insurance, ‘‘(2) the date on which such return is treated
ternal Revenue Code of 1986 (other than sub- the employer maintaining the plan, and as filed under section 6501(b)(2).
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1231
‘‘(g) REGULATIONS.—The Secretary shall issue ure is due to reasonable cause and not to willful ‘‘(3) an estate or trust.
such regulations, or other guidance, forms, in- neglect.’’. ‘‘(d) LIMITATION BASED ON ADJUSTED GROSS
structions, and publications, as may be nec- (B) CLERICAL AMENDMENT.—The table of sec- INCOME.—
essary or appropriate to carry out this section, tions of part I of subchapter B of chapter 68 of ‘‘(1) IN GENERAL.—The amount of the credit
including— such Code is amended by adding at the end the allowed by subsection (a) (determined without
‘‘(1) the requirement to report information or following new item: regard to this subsection and subsection (f))
the establishment of other methods for verifying ‘‘Sec. 6720C. Penalty for failure to notify health shall be reduced (but not below zero) by the
the correct amounts of reimbursements under plan of cessation of eligibility for amount which bears the same ratio to such cred-
this section, continuation coverage premium it (as so determined) as—
‘‘(2) the application of this section to group ‘‘(A) the excess of—
assistance.’’.
health plans that are multiemployer plans (as ‘‘(i) the taxpayer’s adjusted gross income for
(3) COORDINATION WITH HCTC.—
defined in section 3(37) of the Employee Retire- such taxable year, over
(A) IN GENERAL.—Section 35(g)(9) of the Inter- ‘‘(ii) $75,000, bears to
ment Income Security Act of 1974), nal Revenue Code of 1986 is amended to read as
‘‘(3) to allow the advance payment of the ‘‘(B) $5,000.
follows: ‘‘(2) SPECIAL RULES.—
credit determined under subsection (a), subject ‘‘(9) CONTINUATION COVERAGE PREMIUM AS- ‘‘(A) JOINT RETURN OR SURVIVING SPOUSE.—In
to the limitations provided in this section, based SISTANCE.—In the case of an assistance eligible the case of a joint return or a surviving spouse
on such information as the Secretary shall re- individual who receives premium assistance for (as defined in section 2(a)), paragraph (1) shall
quire, continuation coverage under section 9501(a)(1)
‘‘(4) to provide for the reconciliation of such be applied by substituting ‘$150,000’ for ‘$75,000’
of the American Rescue Plan Act of 2021 for any and ‘$10,000’ for ‘$5,000’.
advance payment with the amount of the credit month during the taxable year, such individual ‘‘(B) HEAD OF HOUSEHOLD.—In the case of a
at the time of filing the return of tax for the ap- shall not be treated as an eligible individual, a head of household (as defined in section 2(b)),
plicable quarter or taxable year, and certified individual, or a qualifying family mem-
‘‘(5) allowing the credit to third party payors paragraph (1) shall be applied by substituting
ber for purposes of this section or section 7527 ‘$112,500’ for ‘$75,000’ and ‘$7,500’ for ‘$5,000’.
(including professional employer organizations, with respect to such month.’’. ‘‘(e) DEFINITIONS AND SPECIAL RULES.—
certified professional employer organizations, or (B) EFFECTIVE DATE.—The amendment made ‘‘(1) DEPENDENT DEFINED.—For purposes of
agents under section 3504).’’. by subparagraph (A) shall apply to taxable this section, the term ‘dependent’ has the mean-
(B) CLERICAL AMENDMENT.—The table of sec-
years ending after the date of the enactment of ing given such term by section 152.
tions for subchapter B of chapter 65 of the In- ‘‘(2) IDENTIFICATION NUMBER REQUIREMENT.—
this Act.
ternal Revenue Code of 1986 is amended by add- ‘‘(A) IN GENERAL.—In the case of a return
(4) EXCLUSION OF CONTINUATION COVERAGE
ing at the end the following new item: other than a joint return, the $1,400 amount in
PREMIUM ASSISTANCE FROM GROSS INCOME.—
‘‘Sec. 6432. Continuation coverage premium as- (A) IN GENERAL.—Part III of subchapter B of subsection (b)(1) shall be treated as being zero
sistance.’’. chapter 1 of the Internal Revenue Code of 1986 unless the taxpayer includes the valid identi-
(C) EFFECTIVE DATE.—The amendments made is amended by inserting after section 139H the fication number of the taxpayer on the return of
by this paragraph shall apply to premiums to following new section: tax for the taxable year.
which subsection (a)(1)(A) applies and wages ‘‘SEC. 139I. CONTINUATION COVERAGE PREMIUM ‘‘(B) JOINT RETURNS.—In the case of a joint
paid on or after April 1, 2021. ASSISTANCE. return, the $2,800 amount in subsection (b)(1)
(D) SPECIAL RULE IN CASE OF EMPLOYEE PAY- shall be treated as being—
‘‘In the case of an assistance eligible indi-
MENT THAT IS NOT REQUIRED UNDER THIS SEC- ‘‘(i) $1,400 if the valid identification number of
vidual (as defined in subsection (a)(3) of section
TION.— only 1 spouse is included on the return of tax
9501 of the American Rescue Plan Act of 2021),
(i) IN GENERAL.—In the case of an assistance for the taxable year, and
gross income does not include any premium as-
eligible individual who pays, with respect any ‘‘(ii) zero if the valid identification number of
sistance provided under subsection (a)(1) of
period of coverage to which subsection (a)(1)(A) neither spouse is so included.
such section.’’.
applies, any amount of the premium for such ‘‘(C) DEPENDENTS.—A dependent shall not be
(B) CLERICAL AMENDMENT.—The table of sec-
coverage that the individual would have (but taken into account under subsection (b)(2) un-
tions for part III of subchapter B of chapter 1
for this Act) been required to pay, the person to less the valid identification number of such de-
of such Code is amended by inserting after the
whom such payment is payable shall reimburse pendent is included on the return of tax for the
item relating to section 139H the following new
such individual for the amount of such premium taxable year.
item:
paid. ‘‘(D) VALID IDENTIFICATION NUMBER.—
(ii) CREDIT OF REIMBURSEMENT.—A person to ‘‘Sec. 139I. Continuation coverage premium as- ‘‘(i) IN GENERAL.—For purposes of this para-
which clause (i) applies shall be allowed a credit sistance.’’. graph, the term ‘valid identification number’
in the manner provided under section 6432 of the (C) EFFECTIVE DATE.—The amendments made means a social security number issued to an in-
Internal Revenue Code of 1986 for any payment by this paragraph shall apply to taxable years dividual by the Social Security Administration
made to the employee under such clause. ending after the date of the enactment of this on or before the due date for filing the return
(iii) PAYMENT OF CREDITS.—Any person to Act. for the taxable year.
which clause (i) applies shall make the payment Subtitle G—Promoting Economic Security ‘‘(ii) ADOPTION TAXPAYER IDENTIFICATION
required under such clause to the individual not NUMBER.—For purposes of subparagraph (C), in
PART 1—2021 RECOVERY REBATES TO
later than 60 days after the date on which such INDIVIDUALS the case of a dependent who is adopted or
individual made the premium payment. placed for adoption, the term ‘valid identifica-
SEC. 9601. 2021 RECOVERY REBATES TO INDIVID-
(2) PENALTY FOR FAILURE TO NOTIFY HEALTH tion number’ shall include the adoption tax-
UALS.
PLAN OF CESSATION OF ELIGIBILITY FOR PREMIUM payer identification number of such dependent.
(a) IN GENERAL.—Subchapter B of chapter 65 ‘‘(E) SPECIAL RULE FOR MEMBERS OF THE
ASSISTANCE.—
(A) IN GENERAL.—Part I of subchapter B of of the Internal Revenue Code of 1986 is amended ARMED FORCES.—Subparagraph (B) shall not
chapter 68 of the Internal Revenue Code of 1986 by inserting after section 6428A the following apply in the case where at least 1 spouse was a
is amended by adding at the end the following new section: member of the Armed Forces of the United
new section: ‘‘SEC. 6428B. 2021 RECOVERY REBATES TO INDI- States at any time during the taxable year and
VIDUALS. the valid identification number of at least 1
‘‘SEC. 6720C. PENALTY FOR FAILURE TO NOTIFY
HEALTH PLAN OF CESSATION OF ‘‘(a) IN GENERAL.—In the case of an eligible spouse is included on the return of tax for the
ELIGIBILITY FOR CONTINUATION individual, there shall be allowed as a credit taxable year.
COVERAGE PREMIUM ASSISTANCE. against the tax imposed by subtitle A for the ‘‘(F) COORDINATION WITH CERTAIN ADVANCE
‘‘(a) IN GENERAL.—Except in the case of a first taxable year beginning in 2021 an amount PAYMENTS.—In the case of any payment deter-
failure described in subsection (b) or (c), any equal to the 2021 rebate amount determined for mined pursuant to subsection (g)(6), a valid
person required to notify a group health plan such taxable year. identification number shall be treated for pur-
under section 9501(a)(2)(B) of the American Res- ‘‘(b) 2021 REBATE AMOUNT.—For purposes of poses of this paragraph as included on the tax-
cue Plan Act of 2021 who fails to make such a this section, the term ‘2021 rebate amount’ payer’s return of tax if such valid identification
notification at such time and in such manner as means, with respect to any taxpayer for any number is available to the Secretary as described
the Secretary of Labor may require shall pay a taxable year, the sum of— in such subsection.
penalty of $250 for each such failure. ‘‘(1) $1,400 ($2,800 in the case of a joint re- ‘‘(G) MATHEMATICAL OR CLERICAL ERROR AU-
‘‘(b) INTENTIONAL FAILURE.—In the case of turn), plus THORITY.—Any omission of a correct valid iden-
any such failure that is fraudulent, such person ‘‘(2) $1,400 multiplied by the number of de- tification number required under this paragraph
shall pay a penalty equal to the greater of— pendents of the taxpayer for such taxable year. shall be treated as a mathematical or clerical
‘‘(1) $250, or ‘‘(c) ELIGIBLE INDIVIDUAL.—For purposes of error for purposes of applying section 6213(g)(2)
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‘‘(2) 110 percent of the premium assistance this section, the term ‘eligible individual’ means to such omission.
provided under section 9501(a)(1)(A) of the any individual other than— ‘‘(3) CREDIT TREATED AS REFUNDABLE.—The
American Rescue Plan Act of 2021 after termi- ‘‘(1) any nonresident alien individual, credit allowed by subsection (a) shall be treated
nation of eligibility under such section. ‘‘(2) any individual who is a dependent of an- as allowed by subpart C of part IV of sub-
‘‘(c) REASONABLE CAUSE EXCEPTION.—No pen- other taxpayer for a taxable year beginning in chapter A of chapter 1.
alty shall be imposed under this section with re- the calendar year in which the individual’s tax- ‘‘(f) COORDINATION WITH ADVANCE REFUNDS
spect to any failure if it is shown that such fail- able year begins, and OF CREDIT.—
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H1232 CONGRESSIONAL RECORD — HOUSE March 10, 2021
‘‘(1) REDUCTION OF REFUNDABLE CREDIT.—The determination date, a return of tax for such in- such advance refunds and credits as provided
amount of the credit which would (but for this dividual’s first taxable year beginning in 2020, under subsection (h)(1); and are provided assist-
paragraph) be allowable under subsection (a) the Secretary shall make a payment (in addition ance in applying for such advance refunds and
shall be reduced (but not below zero) by the ag- to any payment made under paragraph (1)) to credits.’’.
gregate refunds and credits made or allowed to such individual equal to the excess (if any) of— (b) TREATMENT OF CERTAIN POSSESSIONS.—
the taxpayer (or, except as otherwise provided ‘‘(I) the amount which would be determined (1) PAYMENTS TO POSSESSIONS WITH MIRROR
by the Secretary, any dependent of the tax- under paragraph (1) (after the application of CODE TAX SYSTEMS.—The Secretary of the Treas-
payer) under subsection (g). Any failure to so subparagraph (A)) by applying paragraph (1) as ury shall pay to each possession of the United
reduce the credit shall be treated as arising out of the additional payment determination date, States which has a mirror code tax system
of a mathematical or clerical error and assessed over amounts equal to the loss (if any) to that posses-
according to section 6213(b)(1). ‘‘(II) the amount of any payment made with sion by reason of the amendments made by this
‘‘(2) JOINT RETURNS.—Except as otherwise pro- respect to such individual under paragraph (1). section. Such amounts shall be determined by
vided by the Secretary, in the case of a refund ‘‘(ii) ADDITIONAL PAYMENT DETERMINATION the Secretary of the Treasury based on informa-
or credit made or allowed under subsection (g) DATE.—The term ‘additional payment deter- tion provided by the government of the respec-
with respect to a joint return, half of such re- mination date’ means the earlier of— tive possession.
fund or credit shall be treated as having been ‘‘(I) the date which is 90 days after the 2020 (2) PAYMENTS TO OTHER POSSESSIONS.—The
made or allowed to each individual filing such calendar year filing deadline, or Secretary of the Treasury shall pay to each pos-
return. ‘‘(II) September 1, 2021. session of the United States which does not have
‘‘(g) ADVANCE REFUNDS AND CREDITS.— ‘‘(iii) 2020 CALENDAR YEAR FILING DEADLINE.— a mirror code tax system amounts estimated by
‘‘(1) IN GENERAL.—Subject to paragraphs (5) The term ‘2020 calendar year filing deadline’ the Secretary of the Treasury as being equal to
and (6), each individual who was an eligible in- means the date specified in section 6072(a) with the aggregate benefits (if any) that would have
dividual for such individual’s first taxable year respect to returns for calendar year 2020. Such been provided to residents of such possession by
beginning in 2019 shall be treated as having date shall be determined after taking into ac- reason of the amendments made by this section
made a payment against the tax imposed by count any period disregarded under section if a mirror code tax system had been in effect in
chapter 1 for such taxable year in an amount 7508A if such disregard applies to substantially such possession. The preceding sentence shall
equal to the advance refund amount for such all returns for calendar year 2020 to which sec- not apply unless the respective possession has a
taxable year. tion 6072(a) applies. plan, which has been approved by the Secretary
‘‘(2) ADVANCE REFUND AMOUNT.— ‘‘(6) APPLICATION TO CERTAIN INDIVIDUALS
‘‘(A) IN GENERAL.—For purposes of paragraph of the Treasury, under which such possession
WHO HAVE NOT FILED A RETURN OF TAX FOR 2019 will promptly distribute such payments to its
(1), the advance refund amount is the amount OR 2020 AT TIME OF DETERMINATION.—In the case
that would have been allowed as a credit under residents.
of any individual who, at the time of any deter- (3) INCLUSION OF ADMINISTRATIVE EXPENSES.—
this section for such taxable year if this section mination made pursuant to paragraph (3), has The Secretary of the Treasury shall pay to each
(other than subsection (f) and this subsection) filed a tax return for neither the year described possession of the United States to which the
had applied to such taxable year. in paragraph (1) nor for the year described in
‘‘(B) TREATMENT OF DECEASED INDIVIDUALS.— Secretary makes a payment under paragraph (1)
paragraph (5)(A), the Secretary shall, consistent or (2) an amount equal to the lesser of—
For purposes of determining the advance refund with rules similar to the rules of section
amount with respect to such taxable year— (A) the increase (if any) of the administrative
6428A(f)(5)(H)(i), apply paragraph (1) on the expenses of such possession—
‘‘(i) any individual who was deceased before
basis of information available to the Secretary (i) in the case of a possession described in
January 1, 2021, shall be treated for purposes of
and shall, on the basis of such information, de- paragraph (1), by reason of the amendments
applying subsection (e)(2) in the same manner
termine the advance refund amount with respect made by this section, and
as if the valid identification number of such per-
to such individual without regard to subsection (ii) in the case of a possession described in
son was not included on the return of tax for
(d) unless the Secretary has reason to know that paragraph (2), by reason of carrying out the
such taxable year (except that subparagraph (E)
such amount would otherwise be reduced by plan described in such paragraph, or
thereof shall not apply),
‘‘(ii) notwithstanding clause (i), in the case of reason of such subsection. (B) $500,000 ($10,000,000 in the case of Puerto
‘‘(7) SPECIAL RULE RELATED TO TIME OF FILING Rico).
a joint return with respect to which only 1
RETURN.—Solely for purposes of this subsection, The amount described in subparagraph (A) shall
spouse is deceased before January 1, 2021, such
a return of tax shall not be treated as filed until be determined by the Secretary of the Treasury
deceased spouse was a member of the Armed
such return has been processed by the Internal based on information provided by the govern-
Forces of the United States at any time during
Revenue Service. ment of the respective possession.
the taxable year, and the valid identification
‘‘(8) RESTRICTION ON USE OF CERTAIN PRE- (4) COORDINATION WITH CREDIT ALLOWED
number of such deceased spouse is included on
VIOUSLY ISSUED PREPAID DEBIT CARDS.—Pay- AGAINST UNITED STATES INCOME TAXES.—No
the return of tax for the taxable year, the valid
ments made by the Secretary to individuals credit shall be allowed against United States in-
identification number of 1 (and only 1) spouse
under this section shall not be in the form of an come taxes under section 6428B of the Internal
shall be treated as included on the return of tax
increase in the balance of any previously issued Revenue Code of 1986 (as added by this section),
for the taxable year for purposes of applying
prepaid debit card if, as of the time of the nor shall any credit or refund be made or al-
subsection (e)(2)(B) with respect to such joint
issuance of such card, such card was issued lowed under subsection (g) of such section, to
return, and
‘‘(iii) no amount shall be determined under solely for purposes of making payments under any person—
subsection (e)(2) with respect to any dependent section 6428 or 6428A. (A) to whom a credit is allowed against taxes
‘‘(h) REGULATIONS.—The Secretary shall pre- imposed by the possession by reason of the
of the taxpayer if the taxpayer (both spouses in
scribe such regulations or other guidance as amendments made by this section, or
the case of a joint return) was deceased before
may be necessary or appropriate to carry out (B) who is eligible for a payment under a plan
January 1, 2021.
‘‘(3) TIMING AND MANNER OF PAYMENTS.—The the purposes of this section, including— described in paragraph (2).
Secretary shall, subject to the provisions of this ‘‘(1) regulations or other guidance providing (5) MIRROR CODE TAX SYSTEM.—For purposes
title and consistent with rules similar to the taxpayers the opportunity to provide the Sec- of this subsection, the term ‘‘mirror code tax sys-
rules of subparagraphs (B) and (C) of section retary information sufficient to allow the Sec- tem’’ means, with respect to any possession of
6428A(f)(3), refund or credit any overpayment retary to make payments to such taxpayers the United States, the income tax system of such
attributable to this subsection as rapidly as pos- under subsection (g) (including the determina- possession if the income tax liability of the resi-
sible, consistent with a rapid effort to make pay- tion of the amount of such payment) if such in- dents of such possession under such system is
ments attributable to such overpayments elec- formation is not otherwise available to the Sec- determined by reference to the income tax laws
tronically if appropriate. No refund or credit retary, and of the United States as if such possession were
‘‘(2) regulations or other guidance to ensure to the United States.
shall be made or allowed under this subsection
the maximum extent administratively prac- (6) TREATMENT OF PAYMENTS.—For purposes
after December 31, 2021.
‘‘(4) NO INTEREST.—No interest shall be al- ticable that, in determining the amount of any of section 1324 of title 31, United States Code,
lowed on any overpayment attributable to this credit under subsection (a) and any credit or re- the payments under this subsection shall be
subsection. fund under subsection (g), an individual is not treated in the same manner as a refund due
‘‘(5) APPLICATION TO INDIVIDUALS WHO HAVE taken into account more than once, including from a credit provision referred to in subsection
FILED A RETURN OF TAX FOR 2020.— by different taxpayers and including by reason (b)(2) of such section.
‘‘(A) APPLICATION TO 2020 RETURNS FILED AT of a change in joint return status or dependent (c) ADMINISTRATIVE PROVISIONS.—
TIME OF INITIAL DETERMINATION.—If, at the time status between the taxable year for which an (1) DEFINITION OF DEFICIENCY.—Section
of any determination made pursuant to para- advance refund amount is determined and the 6211(b)(4)(A) of the Internal Revenue Code of
graph (3), the individual referred to in para- taxable year for which a credit under subsection 1986 is amended by striking ‘‘6428, and 6428A’’
dlhill on DSK120RN23PROD with HOUSE
graph (1) has filed a return of tax for the indi- (a) is determined. and inserting ‘‘6428, 6428A, and 6428B’’.
vidual’s first taxable year beginning in 2020, ‘‘(i) OUTREACH.—The Secretary shall carry (2) EXCEPTION FROM REDUCTION OR OFFSET.—
paragraph (1) shall be applied with respect to out a robust and comprehensive outreach pro- Any refund payable by reason of section
such individual by substituting ‘2020’ for ‘2019’. gram to ensure that all taxpayers described in 6428B(g) of the Internal Revenue Code of 1986
‘‘(B) ADDITIONAL PAYMENT.— subsection (h)(1) learn of their eligibility for the (as added by this section), or any such refund
‘‘(i) IN GENERAL.—In the case of any indi- advance refunds and credits under subsection payable by reason of subsection (b) of this sec-
vidual who files, before the additional payment (g); are advised of the opportunity to receive tion, shall not be—
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1233
(A) subject to reduction or offset pursuant to fying child who has not attained age 6 as of the erly claimed on the taxpayer’s return of tax for
subsection (c), (d), (e), or (f) of section 6402 of close of the calendar year in which the taxable the reference taxable year, and
the Internal Revenue Code of 1986 or any simi- year of the taxpayer begins)’ for ‘$1,000’. ‘‘(D) the ages of such children (and the status
lar authority permitting offset, or ‘‘(4) REDUCTION OF INCREASED CREDIT AMOUNT of such children as qualifying children) are de-
(B) reduced or offset by other assessed Federal BASED ON MODIFIED ADJUSTED GROSS INCOME.— termined for such taxable year by taking into
taxes that would otherwise be subject to levy or ‘‘(A) IN GENERAL.—The amount of the credit account the passage of time since the reference
collection. allowable under subsection (a) (determined taxable year.
(3) CONFORMING AMENDMENTS.— without regard to subsection (b)) shall be re- ‘‘(2) REFERENCE TAXABLE YEAR.—Except as
(A) Paragraph (2) of section 1324(b) of title 31, duced by $50 for each $1,000 (or fraction thereof) provided in paragraph (3)(A), the term ‘ref-
United States Code, is amended by inserting by which the taxpayer’s modified adjusted gross erence taxable year’ means, with respect to any
‘‘6428B,’’ after ‘‘6428A,’’. income (as defined in subsection (b)) exceeds the taxpayer for any calendar year, the taxpayer’s
(B) The table of sections for subchapter B of applicable threshold amount. taxable year beginning in the preceding cal-
chapter 65 of the Internal Revenue Code of 1986 ‘‘(B) APPLICABLE THRESHOLD AMOUNT.—For endar year or, in the case of taxpayer who did
is amended by inserting after the item relating purposes of this paragraph, the term ‘applicable not file a return of tax for such taxable year,
to section 6428A the following new item: threshold amount’ means— the taxpayer’s taxable year beginning in the
‘‘Sec. 6428B. 2021 recovery rebates to individ- ‘‘(i) $150,000, in the case of a joint return or second preceding calendar year.
uals.’’. surviving spouse (as defined in section 2(a)) , ‘‘(3) MODIFICATIONS DURING CALENDAR
(d) APPROPRIATIONS.—Immediately upon the ‘‘(ii) $112,500, in the case of a head of house- YEAR.—
enactment of this Act, in addition to amounts hold (as defined in section 2(b)), and ‘‘(A) IN GENERAL.—The Secretary may modify,
otherwise available, there are appropriated for ‘‘(iii) $75,000, in any other case. during any calendar year, the annual advance
fiscal year 2021, out of any money in the Treas- ‘‘(C) LIMITATION ON REDUCTION.— amount with respect to any taxpayer for such
ury not otherwise appropriated: ‘‘(i) IN GENERAL.—The amount of the reduc- calendar year to take into account—
(1) $1,464,500,000 to remain available until tion under subparagraph (A) shall not exceed ‘‘(i) a return of tax filed by such taxpayer
September 30, 2023 for necessary expenses for the the lesser of— during such calendar year (and the taxable year
Internal Revenue Service for the administration ‘‘(I) the applicable credit increase amount, or to which such return relates may be taken into
‘‘(II) 5 percent of the applicable phaseout account as the reference taxable year), and
of the advance payments, the provision of tax-
threshold range. ‘‘(ii) any other information provided by the
payer assistance, and the furtherance of inte-
‘‘(ii) APPLICABLE CREDIT INCREASE AMOUNT.— taxpayer to the Secretary which allows the Sec-
grated, modernized, and secure Internal Rev-
For purposes of this subparagraph, the term retary to determine payments under subsection
enue Service systems, of which up to $20,000,000
‘applicable credit increase amount’ means the (a) which, in the aggregate during any taxable
is available for premium pay for services related
excess (if any) of— year of the taxpayer, more closely total the Sec-
to the development of information technology as
‘‘(I) the amount of the credit allowable under retary’s estimate of the amount treated as al-
determined by the Commissioner of the Internal
this section for the taxable year determined lowed under subpart C of part IV of subchapter
Revenue occurring between January 1, 2020 and
without regard to this paragraph and subsection A of chapter 1 by reason of section 24(i)(1) for
December 31, 2022, and all of which shall sup-
(b), over such taxable year of such taxpayer.
plement and not supplant any other appropria- ‘‘(II) the amount of such credit as so deter-
tions that may be available for this purpose. ‘‘(B) ADJUSTMENT TO REFLECT EXCESS OR DEF-
mined and without regard to paragraph (3). ICIT IN PRIOR PAYMENTS.—In the case of any
(2) $7,000,000 to remain available until Sep- ‘‘(iii) APPLICABLE PHASEOUT THRESHOLD
tember 30, 2022, for necessary expenses for the modification of the annual advance amount
RANGE.—For purposes of this subparagraph, the under subparagraph (A), the Secretary may ad-
Bureau of the Fiscal Service to carry out this term ‘applicable phaseout threshold range’
section (and the amendments made by this sec- just the amount of any periodic payment made
means the excess of— after the date of such modification to properly
tion), which shall supplement and not supplant ‘‘(I) the threshold amount applicable to the
any other appropriations that may be available take into account the amount by which any
taxpayer under subsection (b) (determined after periodic payment made before such date was
for this purpose, and the application of subsection (h)(3)), over
(3) $8,000,000 to remain available until Sep- greater than or less than the amount that such
‘‘(II) the applicable threshold amount applica- payment would have been on the basis of the
tember 30, 2023, for the Treasury Inspector Gen- ble to the taxpayer under this paragraph.
eral for Tax Administration for the purposes of annual advance amount as so modified.
‘‘(D) COORDINATION WITH LIMITATION ON ‘‘(4) DETERMINATION OF STATUS.—If informa-
overseeing activities related to the administra- OVERALL CREDIT.—Subsection (b) shall be ap-
tion of this section (and the amendments made tion contained in the taxpayer’s return of tax
plied by substituting ‘the credit allowable under for the reference taxable year does not establish
by this section), which shall supplement and not subsection (a) (determined after the application
supplant any other appropriations that may be the status of the taxpayer as being described in
of subsection (i)(4)(A)’ for ‘the credit allowable section 24(i)(1), the Secretary shall, for purposes
available for this purpose. under subsection (a)’.’’. of paragraph (1)(A), determine such status
PART 2—CHILD TAX CREDIT (b) ADVANCE PAYMENT OF CREDIT.— based on information known to the Secretary.
SEC. 9611. CHILD TAX CREDIT IMPROVEMENTS (1) IN GENERAL.—Chapter 77 of such Code is ‘‘(5) TREATMENT OF CERTAIN DEATHS.—A child
FOR 2021. amended by inserting after section 7527 the fol- shall not be taken into account in determining
(a) IN GENERAL.—Section 24 of the Internal lowing new section: the annual advance amount under paragraph
Revenue Code of 1986 is amended by adding at ‘‘SEC. 7527A. ADVANCE PAYMENT OF CHILD TAX (1) if the death of such child is known to the
the end the following new subsection: CREDIT. Secretary as of the beginning of the calendar
‘‘(i) SPECIAL RULES FOR 2021.—In the case of ‘‘(a) IN GENERAL.—The Secretary shall estab- year for which the estimate under such para-
any taxable year beginning after December 31, lish a program for making periodic payments to graph is made.
2020, and before January 1, 2022— taxpayers which, in the aggregate during any ‘‘(c) ON-LINE INFORMATION PORTAL.—The Sec-
‘‘(1) REFUNDABLE CREDIT.—If the taxpayer (in calendar year, equal the annual advance retary shall establish an on-line portal which
the case of a joint return, either spouse) has a amount determined with respect to such tax- allows taxpayers to—
principal place of abode in the United States payer for such calendar year. Except as pro- ‘‘(1) elect not to receive payments under this
(determined as provided in section 32) for more vided in subsection (b)(3)(B), the periodic pay- section, and
than one-half of the taxable year or is a bona ments made to any taxpayer for any calendar ‘‘(2) provide information to the Secretary
fide resident of Puerto Rico (within the meaning year shall be in equal amounts. which would be relevant to a modification
of section 937(a)) for such taxable year— ‘‘(b) ANNUAL ADVANCE AMOUNT.—For pur- under subsection (b)(3)(B) of the annual ad-
‘‘(A) subsection (d) shall not apply, and poses of this section— vance amount, including information regard-
‘‘(B) so much of the credit determined under ‘‘(1) IN GENERAL.—Except as otherwise pro- ing—
subsection (a) (after application of subpara- vided in this subsection, the term ‘annual ad- ‘‘(A) a change in the number of the taxpayer’s
graph (A)) as does not exceed the amount of vance amount’ means, with respect to any tax- qualifying children, including by reason of the
such credit which would be so determined with- payer for any calendar year, the amount (if birth of a child,
out regard to subsection (h)(4) shall be allowed any) which is estimated by the Secretary as ‘‘(B) a change in the taxpayer’s marital sta-
under subpart C (and not allowed under this being equal to 50 percent of the amount which tus,
subpart). would be treated as allowed under subpart C of ‘‘(C) a significant change in the taxpayer’s in-
‘‘(2) 17-YEAR-OLDS ELIGIBLE FOR TREATMENT part IV of subchapter A of chapter 1 by reason come, and
AS QUALIFYING CHILDREN.—This section shall be of section 24(i)(1) for the taxpayer’s taxable year ‘‘(D) any other factor which the Secretary
applied— beginning in such calendar year if— may provide.
‘‘(A) by substituting ‘age 18’ for ‘age 17’ in ‘‘(A) the status of the taxpayer as a taxpayer ‘‘(d) NOTICE OF PAYMENTS.—Not later than
subsection (c)(1), and described in section 24(i)(1) is determined with January 31 of the calendar year following any
dlhill on DSK120RN23PROD with HOUSE
‘‘(B) by substituting ‘described in subsection respect to the reference taxable year, calendar year during which the Secretary makes
(c) (determined after the application of sub- ‘‘(B) the taxpayer’s modified adjusted gross one or more payments to any taxpayer under
section (i)(2)(A))’ for ‘described in subsection income for such taxable year is equal to the tax- this section, the Secretary shall provide such
(c)’ in subsection (h)(4)(A). payer’s modified adjusted gross income for the taxpayer with a written notice which includes
‘‘(3) CREDIT AMOUNT.—Subsection (h)(2) shall reference taxable year, the taxpayer’s taxpayer identity (as defined in
not apply and subsection (a) shall be applied by ‘‘(C) the only children of such taxpayer for section 6103(b)(6)), the aggregate amount of
substituting ‘$3,000 ($3,600 in the case of a quali- such taxable year are qualifying children prop- such payments made to such taxpayer during
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H1234 CONGRESSIONAL RECORD — HOUSE March 10, 2021
such calendar year, and such other information ed by adding at the end the following new sub- (C) Paragraph (2) of section 1324(b) of title 31,
as the Secretary determines appropriate. section: United States Code, is amended—
‘‘(e) ADMINISTRATIVE PROVISIONS.— ‘‘(j) RECONCILIATION OF CREDIT AND ADVANCE (i) by inserting ‘‘24,’’ before ‘‘25A’’, and
‘‘(1) APPLICATION OF ELECTRONIC FUNDS PAY- CREDIT.— (ii) by striking ‘‘ or 6431’’ and inserting ‘‘6431,
MENT REQUIREMENT.—The payments made by ‘‘(1) IN GENERAL.—The amount of the credit or 7527A’’.
the Secretary under subsection (a) shall be made allowed under this section to any taxpayer for (D) The table of sections for chapter 77 of the
by electronic funds transfer to the same extent any taxable year shall be reduced (but not Internal Revenue Code of 1986 is amended by in-
and in the same manner as if such payments below zero) by the aggregate amount of pay- serting after the item relating to section 7527 the
were Federal payments not made under this ments made under section 7527A to such tax- following new item:
title. payer during such taxable year. Any failure to ‘‘Sec. 7527A. Advance payment of child tax
‘‘(2) APPLICATION OF CERTAIN RULES.—Rules so reduce the credit shall be treated as arising credit.’’.
similar to the rules of subparagraphs (B) and out of a mathematical or clerical error and as- (5) APPROPRIATIONS TO CARRY OUT ADVANCE
(C) of section 6428A(f)(3) shall apply for pur- sessed according to section 6213(b)(1). PAYMENTS.—Immediately upon the enactment of
poses of this section. ‘‘(2) EXCESS ADVANCE PAYMENTS.— this Act, in addition to amounts otherwise avail-
‘‘(3) EXCEPTION FROM REDUCTION OR OFF- ‘‘(A) IN GENERAL.—If the aggregate amount of able, there are appropriated for fiscal year 2021,
SET.—Any payment made to any individual payments under section 7527A to the taxpayer out of any money in the Treasury not otherwise
under this section shall not be— during the taxable year exceeds the amount of appropriated:
‘‘(A) subject to reduction or offset pursuant to the credit allowed under this section to such (A) $397,200,000 to remain available until Sep-
subsection (c), (d), (e), or (f) of section 6402 or taxpayer for such taxable year (determined tember 30, 2022, for necessary expenses for the
any similar authority permitting offset, or without regard to paragraph (1)), the tax im- Internal Revenue Service to carry out this sec-
‘‘(B) reduced or offset by other assessed Fed- posed by this chapter for such taxable year shall tion (and the amendments made by this section),
eral taxes that would otherwise be subject to be increased by the amount of such excess. Any which shall supplement and not supplant any
levy or collection. failure to so increase the tax shall be treated as other appropriations that may be available for
‘‘(4) APPLICATION OF ADVANCE PAYMENTS IN arising out of a mathematical or clerical error this purpose, and
THE POSSESSIONS OF THE UNITED STATES.— and assessed according to section 6213(b)(1). (B) $16,200,000 to remain available until Sep-
‘‘(A) IN GENERAL.—The advance payment ‘‘(B) SAFE HARBOR BASED ON MODIFIED AD- tember 30, 2022, for necessary expenses for the
amount determined under this section shall be JUSTED GROSS INCOME.— Bureau of the Fiscal Service to carry out this
determined— ‘‘(i) IN GENERAL.—In the case of a taxpayer section (and the amendments made by this sec-
‘‘(i) by applying section 24(i)(1) without re- whose modified adjusted gross income (as de- tion), which shall supplement and not supplant
gard to the phrase ‘or is a bona fide resident of fined in subsection (b)) for the taxable year does any other appropriations that may be available
Puerto Rico (within the meaning of section not exceed 200 percent of the applicable income for this purpose.
937(a))’, and threshold, the amount of the increase deter- (c) EFFECTIVE DATE.—
‘‘(ii) without regard to section (1) IN GENERAL.—The amendments made by
mined under subparagraph (A) with respect to
24(k)(3)(C)(ii)(I). this section shall apply to taxable years begin-
such taxpayer for such taxable year shall be re-
‘‘(B) MIRROR CODE POSSESSIONS.—In the case ning after December 31, 2020.
duced (but not below zero) by the safe harbor
of any possession of the United States with a (2) ESTABLISHMENT OF ADVANCE PAYMENT PRO-
amount.
mirror code tax system (as defined in section GRAM.—The Secretary of the Treasury (or the
‘‘(ii) PHASE OUT OF SAFE HARBOR AMOUNT.—In
24(k)), this section shall not be treated as part Secretary’s designee) shall establish the program
the case of a taxpayer whose modified adjusted
of the income tax laws of the United States for described in section 7527A of the Internal Rev-
gross income (as defined in subsection (b)) for
purposes of determining the income tax law of enue Code of 1986 as soon as practicable after
the taxable year exceeds the applicable income
such possession unless such possession elects to the date of the enactment of this Act, except
threshold, the safe harbor amount otherwise in
have this section be so treated. that the Secretary shall ensure that the timing
effect under clause (i) shall be reduced by the
‘‘(C) ADMINISTRATIVE EXPENSES OF ADVANCE of the establishment of such program does not
amount which bears the same ratio to such
PAYMENTS.— interfere with carrying out section 6428B(g) as
amount as such excess bears to the applicable
‘‘(i) MIRROR CODE POSSESSIONS.—In the case rapidly as possible.
income threshold.
of any possession described in subparagraph (B) SEC. 9612. APPLICATION OF CHILD TAX CREDIT
‘‘(iii) APPLICABLE INCOME THRESHOLD.—For IN POSSESSIONS.
which makes the election described in such sub- purposes of this subparagraph, the term ‘appli-
paragraph, the amount otherwise paid by the (a) IN GENERAL.—Section 24 of the Internal
cable income threshold’ means—
Secretary to such possession under section Revenue Code of 1986, as amended by the pre-
‘‘(I) $60,000 in the case of a joint return or
24(k)(1)(A) with respect to taxable years begin- ceding provisions of this Act, is amended by
surviving spouse (as defined in section 2(a)),
ning in 2021 shall be increased by $300,000 if adding at the end the following new subsection:
‘‘(II) $50,000 in the case of a head of house- ‘‘(k) APPLICATION OF CREDIT IN POSSES-
such possession has a plan, which has been ap- hold, and SIONS.—
proved by the Secretary, for making advance ‘‘(III) $40,000 in any other case. ‘‘(1) MIRROR CODE POSSESSIONS.—
payments consistent with such election. ‘‘(iv) SAFE HARBOR AMOUNT.—For purposes of ‘‘(A) IN GENERAL.—The Secretary shall pay to
‘‘(ii) AMERICAN SAMOA.—The amount other- this subparagraph, the term ‘safe harbor each possession of the United States with a mir-
wise paid by the Secretary to American Samoa amount’ means, with respect to any taxable ror code tax system amounts equal to the loss (if
under subparagraph (A) of section 24(k)(3) with year, the product of— any) to that possession by reason of the applica-
respect to taxable years beginning in 2021 shall ‘‘(I) $2,000, multiplied by tion of this section (determined without regard
be increased by $300,000 if the plan described in ‘‘(II) the excess (if any) of the number of to this subsection) with respect to taxable years
subparagraph (B) of such section includes a qualified children taken into account in deter- beginning after 2020. Such amounts shall be de-
program, which has been approved by the Sec- mining the annual advance amount with respect termined by the Secretary based on information
retary, for making advance payments under to the taxpayer under section 7527A with respect provided by the government of the respective
rules similar to the rules of this section. to months beginning in such taxable year, over possession.
‘‘(iii) TIMING OF PAYMENT.—The Secretary the number of qualified children taken into ac- ‘‘(B) COORDINATION WITH CREDIT ALLOWED
may pay, upon the request of the possession of count in determining the credit allowed under AGAINST UNITED STATES INCOME TAXES.—No
the United States to which the payment is to be this section for such taxable year.’’. credit shall be allowed under this section for
made, the amount of the increase determined (3) COORDINATION WITH WAGE WITHHOLDING.— any taxable year to any individual to whom a
under clause (i) or (ii) immediately upon ap- Section 3402(f)(1)(C) of such Code is amended by credit is allowable against taxes imposed by a
proval of the plan referred to in such clause, re- striking ‘‘section 24(a)’’ and inserting ‘‘section possession of the United States with a mirror
spectively. 24 (determined after application of subsection (j) code tax system by reason of the application of
‘‘(f) APPLICATION.—No payments shall be thereof)’’. this section in such possession for such taxable
made under the program established under sub- (4) CONFORMING AMENDMENTS.— year.
section (a) with respect to— (A) Section 26(b)(2) of such Code is amended ‘‘(C) MIRROR CODE TAX SYSTEM.—For pur-
‘‘(1) any period before July 1, 2021, or by striking ‘‘and’’ at the end of subparagraph poses of this paragraph, the term ‘mirror code
‘‘(2) any period after December 31, 2021. (X), by striking the period at the end of sub- tax system’ means, with respect to any posses-
‘‘(g) REGULATIONS.—The Secretary shall issue paragraph (Y) and inserting ‘‘, and’’, and by sion of the United States, the income tax system
such regulations or other guidance as the Sec- adding at the end the following new subpara- of such possession if the income tax liability of
retary determines necessary or appropriate to graph: the residents of such possession under such sys-
carry out the purposes of this section and sub- ‘‘(Z) section 24(j)(2) (relating to excess ad- tem is determined by reference to the income tax
sections (i)(1) and (j) of section 24, including vance payments).’’. laws of the United States as if such possession
regulations or other guidance which provides (B) Section 6211(b)(4)(A) of such Code, as were the United States.
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for the application of such provisions where the amended by the preceding provisions of this sub- ‘‘(2) PUERTO RICO.—
filing status of the taxpayer for a taxable year title, is amended— ‘‘(A) APPLICATION TO TAXABLE YEARS IN 2021.—
is different from the status used for determining (i) by striking ‘‘24(d)’’ and inserting ‘‘24 by ‘‘(i) For application of refundable credit to
the annual advance amount.’’. reason of subsections (d) and (i)(1) thereof’’, residents of Puerto Rico, see subsection (i)(1).
(2) RECONCILIATION OF CREDIT AND ADVANCE and ‘‘(ii) For nonapplication of advance payment
CREDIT.—Section 24 of such Code, as amended (ii) by striking ‘‘and 6428B’’ and inserting to residents of Puerto Rico, see section
by the preceding provision of this Act, is amend- ‘‘6428B, and 7527A’’. 7527A(e)(4)(A).
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1235
‘‘(B) APPLICATION TO TAXABLE YEARS AFTER means, with respect to any taxable year, an in- ‘‘(i) is married (as determined under section
2021.—In the case of any bona fide resident of dividual who is an eligible student (as defined 7703(a)) and does not file a joint return for the
Puerto Rico (within the meaning of section in section 25A(b)(3)) during at least 5 calendar taxable year,
937(a)) for any taxable year beginning after De- months during the taxable year. ‘‘(ii) resides with a qualifying child of the in-
cember 31, 2021— ‘‘(D) QUALIFIED FORMER FOSTER YOUTH.—For dividual for more than one-half of such taxable
‘‘(i) the credit determined under this section purposes of this paragraph, the term ‘qualified year, and
shall be allowable to such resident, and former foster youth’ means an individual who— ‘‘(iii)(I) during the last 6 months of such tax-
‘‘(ii) subsection (d)(1)(B)(ii) shall be applied ‘‘(i) on or after the date that such individual able year, does not have the same principal
without regard to the phrase ‘in the case of a attained age 14, was in foster care provided place of abode as the individual’s spouse, or
taxpayer with 3 or more qualifying children’. under the supervision or administration of an ‘‘(II) has a decree, instrument, or agreement
‘‘(3) AMERICAN SAMOA.— entity administering (or eligible to administer) a (other than a decree of divorce) described in sec-
‘‘(A) IN GENERAL.—The Secretary shall pay to plan under part B or part E of title IV of the So- tion 121(d)(3)(C) with respect to the individual’s
American Samoa amounts estimated by the Sec- cial Security Act (without regard to whether spouse and is not a member of the same house-
retary as being equal to the aggregate benefits Federal assistance was provided with respect to hold with the individual’s spouse by the end of
that would have been provided to residents of such child under such part E), and the taxable year.’’.
American Samoa by reason of the application of ‘‘(ii) provides (in such manner as the Sec- (b) CONFORMING AMENDMENTS.—
this section for taxable years beginning after retary may provide) consent for entities which (1) Section 32(c)(1)(A) of such Code is amend-
2020 if the provisions of this section had been in administer a plan under part B or part E of title ed by striking the last sentence.
effect in American Samoa (applied as if Amer- IV of the Social Security Act to disclose to the (2) Section 32(c)(1)(E)(ii) of such Code is
ican Samoa were the United States and without Secretary information related to the status of amended by striking ‘‘(within the meaning of
regard to the application of this section to bona such individual as a qualified former foster section 7703)’’.
fide residents of Puerto Rico under subsection youth. (3) Section 32(d)(1) of such Code, as amended
(i)(1)). ‘‘(E) QUALIFIED HOMELESS YOUTH.—For pur- by subsection (a), is amended by striking
‘‘(B) DISTRIBUTION REQUIREMENT.—Subpara- poses of this paragraph, the term ‘qualified ‘‘(within the meaning of section 7703)’’.
graph (A) shall not apply unless American homeless youth’ means, with respect to any tax- (c) EFFECTIVE DATE.—The amendments made
Samoa has a plan, which has been approved by able year, an individual who certifies, in a man- by this section shall apply to taxable years be-
the Secretary, under which American Samoa ner as provided by the Secretary, that such indi- ginning after December 31, 2020.
will promptly distribute such payments to its vidual is either an unaccompanied youth who is SEC. 9624. MODIFICATION OF DISQUALIFIED IN-
residents. a homeless child or youth, or is unaccompanied, VESTMENT INCOME TEST.
‘‘(C) COORDINATION WITH CREDIT ALLOWED at risk of homelessness, and self-supporting. (a) IN GENERAL.—Section 32(i) of the Internal
AGAINST UNITED STATES INCOME TAXES.— ‘‘(2) ELIMINATION OF MAXIMUM AGE FOR CRED- Revenue Code of 1986 is amended by striking
‘‘(i) IN GENERAL.—In the case of a taxable IT.—Subsection (c)(1)(A)(ii)(II) shall be applied ‘‘$2,200’’ and inserting ‘‘$10,000’’.
year with respect to which a plan is approved without regard to the phrase ‘but not attained (b) INFLATION ADJUSTMENT.—Section 32(j)(1)
under subparagraph (B), this section (other age 65’. of such Code is amended—
than this subsection) shall not apply to any in- ‘‘(3) INCREASE IN CREDIT AND PHASEOUT PER- (1) in the matter preceding subparagraph (A),
dividual eligible for a distribution under such CENTAGES.—The table contained in subsection by inserting ‘‘(2021 in the case of the dollar
plan. (b)(1) shall be applied by substituting ‘15.3’ for amount in subsection (i)(1))’’ after ‘‘2015’’,
‘‘(ii) APPLICATION OF SECTION IN EVENT OF AB- ‘7.65’ each place it appears therein. (2) in subparagraph (B)(i)—
SENCE OF APPROVED PLAN.—In the case of a tax- ‘‘(4) INCREASE IN EARNED INCOME AND PHASE- (A) by striking ‘‘subsections (b)(2)(A) and
able year with respect to which a plan is not ap- OUT AMOUNTS.— (i)(1)’’ and inserting ‘‘subsection (b)(2)(A)’’, and
proved under subparagraph (B)— ‘‘(A) IN GENERAL.—The table contained in (B) by striking ‘‘and’’ at the end,
‘‘(I) if such taxable year begins in 2021, sub- subsection (b)(2)(A) shall be applied— (3) by striking the period at the end of sub-
section (i)(1) shall be applied by substituting ‘‘(i) by substituting ‘$9,820’ for ‘$4,220’, and paragraph (B)(ii) and inserting ‘‘, and’’, and
‘bona fide resident of Puerto Rico or American ‘‘(ii) by substituting ‘$11,610’ for ‘$5,280’. (4) by inserting after subparagraph (B)(ii) the
Samoa’ for ‘bona fide resident of Puerto Rico’, ‘‘(B) COORDINATION WITH INFLATION ADJUST- following new clause:
and MENT.—Subsection (j) shall not apply to any ‘‘(iii) in the case of the $10,000 amount in sub-
‘‘(II) if such taxable year begins after Decem- dollar amount specified in this paragraph.’’. section (i)(1), ‘calendar year 2020’ for ‘calendar
ber 31, 2021, rules similar to the rules of para- (b) INFORMATION RETURN MATCHING.—As year 2016’.’’.
graph (2)(B) shall apply with respect to bona soon as practicable, the Secretary of the Treas- (c) EFFECTIVE DATE.—The amendments made
fide residents of American Samoa (within the ury (or the Secretary’s delegate) shall develop by this section shall apply to taxable years be-
meaning of section 937(a)). and implement procedures to use information re- ginning after December 31, 2020.
‘‘(4) TREATMENT OF PAYMENTS.—For purposes turns under section 6050S (relating to returns re-
SEC. 9625. APPLICATION OF EARNED INCOME TAX
of section 1324 of title 31, United States Code, lating to higher education tuition and related CREDIT IN POSSESSIONS OF THE
the payments under this subsection shall be expenses) to check the status of individuals as UNITED STATES.
treated in the same manner as a refund due specified students for purposes of section (a) IN GENERAL.—Chapter 77 of the Internal
from a credit provision referred to in subsection 32(n)(1)(B)(ii) of the Internal Revenue Code of Revenue Code of 1986 is amended by adding at
(b)(2) of such section.’’. 1986 (as added by this section). the end the following new section:
(b) EFFECTIVE DATE.—The amendments made (c) EFFECTIVE DATE.—The amendment made
‘‘SEC. 7530. APPLICATION OF EARNED INCOME
by this section shall apply to taxable years be- by this section shall apply to taxable years be- TAX CREDIT TO POSSESSIONS OF
ginning after December 31, 2020. ginning after December 31, 2020. THE UNITED STATES.
SEC. 9622. TAXPAYER ELIGIBLE FOR CHILDLESS ‘‘(a) PUERTO RICO.—
PART 3—EARNED INCOME TAX CREDIT EARNED INCOME CREDIT IN CASE OF
SEC. 9621. STRENGTHENING THE EARNED IN-
‘‘(1) IN GENERAL.—With respect to calendar
QUALIFYING CHILDREN WHO FAIL
COME TAX CREDIT FOR INDIVIDUALS TO MEET CERTAIN IDENTIFICATION
year 2021 and each calendar year thereafter, the
WITH NO QUALIFYING CHILDREN. REQUIREMENTS. Secretary shall, except as otherwise provided in
(a) SPECIAL RULES FOR 2021.—Section 32 of (a) IN GENERAL.—Section 32(c)(1) of the Inter- this subsection, make payments to Puerto Rico
the Internal Revenue Code of 1986 is amended nal Revenue Code of 1986 is amended by striking equal to—
by adding at the end the following new sub- subparagraph (F). ‘‘(A) the specified matching amount for such
section: (b) EFFECTIVE DATE.—The amendment made calendar year, plus
‘‘(n) SPECIAL RULES FOR INDIVIDUALS WITH- by this section shall apply to taxable years be- ‘‘(B) in the case of calendar years 2021
OUT QUALIFYING CHILDREN.—In the case of any ginning after December 31, 2020. through 2025, the lesser of—
taxable year beginning after December 31, 2020, SEC. 9623. CREDIT ALLOWED IN CASE OF CERTAIN
‘‘(i) the expenditures made by Puerto Rico
and before January 1, 2022— SEPARATED SPOUSES. during such calendar year for education efforts
‘‘(1) DECREASE IN MINIMUM AGE FOR CREDIT.— (a) IN GENERAL.—Section 32(d) of the Internal with respect to individual taxpayers and tax re-
‘‘(A) IN GENERAL.—Subsection (c)(1)(A)(ii)(II) Revenue Code of 1986 is amended— turn preparers relating to the earned income tax
shall be applied by substituting ‘the applicable (1) by striking ‘‘MARRIED INDIVIDUALS.—In credit, or
minimum age’ for ‘age 25’. the case of’’ and inserting the following: ‘‘MAR- ‘‘(ii) $1,000,000.
‘‘(B) APPLICABLE MINIMUM AGE.—For pur- RIED INDIVIDUALS.— ‘‘(2) REQUIREMENT TO REFORM EARNED INCOME
poses of this paragraph, the term ‘applicable ‘‘(1) IN GENERAL.—In the case of’’, and TAX CREDIT.—The Secretary shall not make any
minimum age’ means— (2) by adding at the end the following new payments under paragraph (1) with respect to
‘‘(i) except as otherwise provided in this sub- paragraph: any calendar year unless Puerto Rico has in ef-
paragraph, age 19, ‘‘(2) DETERMINATION OF MARITAL STATUS.— fect an earned income tax credit for taxable
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‘‘(ii) in the case of a specified student (other For purposes of this section— years beginning in or with such calendar year
than a qualified former foster youth or a quali- ‘‘(A) IN GENERAL.—Except as provided in sub- which (relative to the earned income tax credit
fied homeless youth), age 24, and paragraph (B), marital status shall be deter- which was in effect for taxable years beginning
‘‘(iii) in the case of a qualified former foster mined under section 7703(a). in or with calendar year 2019) increases the per-
youth or a qualified homeless youth, age 18. ‘‘(B) SPECIAL RULE FOR SEPARATED SPOUSE.— centage of earned income which is allowed as a
‘‘(C) SPECIFIED STUDENT.—For purposes of An individual shall not be treated as married if credit for each group of individuals with respect
this paragraph, the term ‘specified student’ such individual— to which such percentage is separately stated or
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H1236 CONGRESSIONAL RECORD — HOUSE March 10, 2021
determined in a manner designed to substan- ‘‘(1) IN GENERAL.—With respect to calendar return of earned income pursuant to subsection
tially increase workforce participation. year 2021 and each calendar year thereafter, the (a) shall be treated as a mathematical or clerical
‘‘(3) SPECIFIED MATCHING AMOUNT.—For pur- Secretary shall, except as otherwise provided in error.
poses of this subsection— this subsection, make payments to American (2) NO EFFECT ON DETERMINATION OF GROSS
‘‘(A) IN GENERAL.—The term ‘specified match- Samoa equal to— INCOME, ETC.—Except as otherwise provided in
ing amount’ means, with respect to any cal- ‘‘(A) the lesser of— this subsection, the Internal Revenue Code of
endar year, the lesser of— ‘‘(i) the cost to American Samoa of the earned 1986 shall be applied without regard to any sub-
‘‘(i) the excess (if any) of— income tax credit for taxable years beginning in stitution under subsection (a).
‘‘(I) the cost to Puerto Rico of the earned in- or with such calendar year, or (d) TREATMENT OF CERTAIN POSSESSIONS.—
come tax credit for taxable years beginning in or ‘‘(ii) $16,000,000, plus (1) PAYMENTS TO POSSESSIONS WITH MIRROR
with such calendar year, over ‘‘(B) in the case of calendar years 2021 CODE TAX SYSTEMS.—The Secretary of the Treas-
‘‘(II) the base amount for such calendar year, through 2025, the lesser of— ury shall pay to each possession of the United
or ‘‘(i) the expenditures made by American States which has a mirror code tax system
‘‘(ii) the product of 3, multiplied by the base Samoa during such calendar year for education amounts equal to the loss (if any) to that posses-
amount for such calendar year. efforts with respect to individual taxpayers and sion by reason of the application of the provi-
‘‘(B) BASE AMOUNT.— tax return preparers relating to such earned in- sions of this section (other than this subsection)
‘‘(i) BASE AMOUNT FOR 2021.—In the case of come tax credit, or with respect to section 32 of the Internal Rev-
calendar year 2021, the term ‘base amount’ ‘‘(ii) $50,000. enue Code of 1986. Such amounts shall be deter-
means the greater of— ‘‘(2) REQUIREMENT TO ENACT AND MAINTAIN AN mined by the Secretary of the Treasury based on
‘‘(I) the cost to Puerto Rico of the earned in- EARNED INCOME TAX CREDIT.—The Secretary information provided by the government of the
come tax credit for taxable years beginning in or shall not make any payments under paragraph respective possession.
with calendar year 2019 (rounded to the nearest (1) with respect to any calendar year unless (2) PAYMENTS TO OTHER POSSESSIONS.—The
multiple of $1,000,000), or American Samoa has in effect an earned income Secretary of the Treasury shall pay to each pos-
‘‘(II) $200,000,000. tax credit for taxable years beginning in or with session of the United States which does not have
‘‘(ii) INFLATION ADJUSTMENT.—In the case of such calendar year which allows a refundable a mirror code tax system amounts estimated by
any calendar year after 2021, the term ‘base tax credit to individuals on the basis of the tax- the Secretary of the Treasury as being equal to
amount’ means the dollar amount determined payer’s earned income which is designed to sub- the aggregate benefits (if any) that would have
under clause (i) increased by an amount equal stantially increase workforce participation. been provided to residents of such possession by
to— ‘‘(3) INFLATION ADJUSTMENT.—In the case of reason of the provisions of this section (other
‘‘(I) such dollar amount, multiplied by— any calendar year after 2021, the $16,000,000 than this subsection) with respect to section 32
‘‘(II) the cost-of-living adjustment determined amount in paragraph (1)(A)(ii) shall be in- of the Internal Revenue Code of 1986 if a mirror
under section 1(f)(3) for such calendar year, de- creased by an amount equal to— code tax system had been in effect in such pos-
termined by substituting ‘calendar year 2020’ for ‘‘(A) such dollar amount, multiplied by— session. The preceding sentence shall not apply
‘calendar year 2016’ in subparagraph (A)(ii) ‘‘(B) the cost-of-living adjustment determined unless the respective possession has a plan,
thereof. under section 1(f)(3) for such calendar year, de- which has been approved by the Secretary of
Any amount determined under this clause shall termined by substituting ‘calendar year 2020’ for the Treasury, under which such possession will
be rounded to the nearest multiple of $1,000,000. ‘calendar year 2016’ in subparagraph (A)(ii) promptly distribute such payments to its resi-
‘‘(4) RULES RELATED TO PAYMENTS.— thereof. dents.
‘‘(A) TIMING OF PAYMENTS.—The Secretary Any increase determined under this clause shall (3) MIRROR CODE TAX SYSTEM.—For purposes
shall make payments under paragraph (1) for be rounded to the nearest multiple of $100,000. of this section, the term ‘‘mirror code tax sys-
any calendar year— ‘‘(4) APPLICATION OF CERTAIN RULES.—Rules tem’’ means, with respect to any possession of
‘‘(i) after receipt of such information as the similar to the rules of subparagraphs (A), (B), the United States, the income tax system of such
Secretary may require to determine such pay- and (C) of subsection (a)(4) shall apply for pur- possession if the income tax liability of the resi-
ments, and poses of this subsection. dents of such possession under such system is
‘‘(ii) except as provided in clause (i), within a ‘‘(d) TREATMENT OF PAYMENTS.—For purposes determined by reference to the income tax laws
reasonable period of time before the due date for of section 1324 of title 31, United States Code, of the United States as if such possession were
individual income tax returns (as determined the payments under this section shall be treated the United States.
under the laws of Puerto Rico) for taxable years in the same manner as a refund due from a (4) TREATMENT OF PAYMENTS.—For purposes
which began on the first day of such calendar credit provision referred to in subsection (b)(2) of section 1324 of title 31, United States Code,
year. of such section.’’. the payments under this section shall be treated
‘‘(B) INFORMATION.—The Secretary may re- (b) CLERICAL AMENDMENT.—The table of sec-
in the same manner as a refund due from a
quire the reporting of such information as the tions for chapter 77 of the Internal Revenue
credit provision referred to in subsection (b)(2)
Secretary may require to carry out this sub- Code of 1986 is amended by adding at the end
of such section.
section. the following new item:
‘‘(C) DETERMINATION OF COST OF EARNED IN- PART 4—DEPENDENT CARE ASSISTANCE
‘‘Sec. 7530. Application of earned income tax
COME TAX CREDIT.—For purposes of this sub- credit to possessions of the United SEC. 9631. REFUNDABILITY AND ENHANCEMENT
section, the cost to Puerto Rico of the earned in- OF CHILD AND DEPENDENT CARE
States.’’.
come tax credit shall be determined by the Sec- TAX CREDIT.
SEC. 9626. TEMPORARY SPECIAL RULE FOR DE-
retary on the basis of the laws of Puerto Rico TERMINING EARNED INCOME FOR
(a) IN GENERAL.—Section 21 of the Internal
and shall include reductions in revenues re- PURPOSES OF EARNED INCOME TAX Revenue Code of 1986 is amended by adding at
ceived by Puerto Rico by reason of such credit CREDIT. the end the following new subsection:
and refunds attributable to such credit, but (a) IN GENERAL.—If the earned income of the ‘‘(g) SPECIAL RULES FOR 2021.—In the case of
shall not include any administrative costs with taxpayer for the taxpayer’s first taxable year any taxable year beginning after December 31,
respect to such credit. beginning in 2021 is less than the earned income 2020, and before January 1, 2022—
‘‘(b) POSSESSIONS WITH MIRROR CODE TAX of the taxpayer for the taxpayer’s first taxable ‘‘(1) CREDIT MADE REFUNDABLE.—If the tax-
SYSTEMS.— year beginning in 2019, the credit allowed under payer (in the case of a joint return, either
‘‘(1) IN GENERAL.—With respect to calendar section 32 of the Internal Revenue Code of 1986 spouse) has a principal place of abode in the
year 2021 and each calendar year thereafter, the may, at the election of the taxpayer, be deter- United States (determined as provided in section
Secretary shall, except as otherwise provided in mined by substituting— 32) for more than one-half of the taxable year,
this subsection, make payments to the Virgin Is- (1) such earned income for the taxpayer’s first the credit allowed under subsection (a) shall be
lands, Guam, and the Commonwealth of the taxable year beginning in 2019, for treated as a credit allowed under subpart C
Northern Mariana Islands equal to— (2) such earned income for the taxpayer’s first (and not allowed under this subpart).
‘‘(A) the cost to such possession of the earned taxable year beginning in 2021. ‘‘(2) INCREASE IN DOLLAR LIMIT ON AMOUNT
income tax credit for taxable years beginning in (b) EARNED INCOME.— CREDITABLE.—Subsection (c) shall be applied—
or with such calendar year, plus (1) IN GENERAL.—For purposes of this section, ‘‘(A) by substituting ‘$8,000’ for ‘$3,000’ in
‘‘(B) in the case of calendar years 2021 the term ‘‘earned income’’ has the meaning paragraph (1) thereof, and
through 2025, the lesser of— given such term under section 32(c) of the Inter- ‘‘(B) by substituting ‘$16,000’ for ‘$6,000’ in
‘‘(i) the expenditures made by such possession nal Revenue Code of 1986. paragraph (2) thereof.
during such calendar year for education efforts (2) APPLICATION TO JOINT RETURNS.—For pur- ‘‘(3) INCREASE IN APPLICABLE PERCENTAGE.—
with respect to individual taxpayers and tax re- poses of subsection (a), in the case of a joint re- Subsection (a)(2) shall be applied—
turn preparers relating to such earned income turn, the earned income of the taxpayer for the ‘‘(A) by substituting ‘50 percent’ for ‘35 per-
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tax credit, or first taxable year beginning in 2019 shall be the cent ’, and
‘‘(ii) $50,000. sum of the earned income of each spouse for ‘‘(B) by substituting ‘$125,000’ for ‘$15,000’.
‘‘(2) APPLICATION OF CERTAIN RULES.—Rules such taxable year. ‘‘(4) APPLICATION OF PHASEOUT TO HIGH IN-
similar to the rules of subparagraphs (A), (B), (c) SPECIAL RULES.— COME INDIVIDUALS.—
and (C) of subsection (a)(4) shall apply for pur- (1) ERRORS TREATED AS MATHEMATICAL ER- ‘‘(A) IN GENERAL.—Subsection (a)(2) shall be
poses of this subsection. RORS.—For purposes of section 6213 of the Inter- applied by substituting ‘the phaseout percent-
‘‘(c) AMERICAN SAMOA.— nal Revenue Code of 1986, an incorrect use on a age’ for ‘20 percent’.
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1237
‘‘(B) PHASEOUT PERCENTAGE.—The term (c) RETROACTIVE PLAN AMENDMENTS.—A plan the Emergency Paid Sick Leave Act as if such
‘phaseout percentage’ means 20 percent reduced that otherwise satisfies all applicable require- Act applied after March 31, 2021.
(but not below zero) by 1 percentage point for ments of sections 125 and 129 of the Internal ‘‘(2) RULES OF APPLICATION.—For purposes of
each $2,000 (or fraction thereof) by which the Revenue Code of 1986 (including any rules or determining whether wages are qualified sick
taxpayer’s adjusted gross income for the taxable regulations thereunder) shall not fail to be leave wages under paragraph (1)—
year exceeds $400,000.’’. treated as a cafeteria plan or dependent care as- ‘‘(A) IN GENERAL.—The Emergency Paid Sick
(b) APPLICATION OF CREDIT IN POSSESSIONS.— sistance program merely because such plan is Leave Act shall be applied—
Section 21 of such Code, as amended by sub- amended pursuant to a provision under this sec- ‘‘(i) by inserting ‘, the employee is seeking or
section (a), is amended by adding at the end the tion and such amendment is retroactive, if— awaiting the results of a diagnostic test for, or
following new subsection: (1) such amendment is adopted no later than a medical diagnosis of, COVID–19 and such em-
‘‘(h) APPLICATION OF CREDIT IN POSSES- the last day of the plan year in which the ployee has been exposed to COVID–19 or the em-
SIONS.— amendment is effective, and ployee’s employer has requested such test or di-
‘‘(1) PAYMENT TO POSSESSIONS WITH MIRROR (2) the plan is operated consistent with the agnosis, or the employee is obtaining immuniza-
CODE TAX SYSTEMS.—The Secretary shall pay to terms of such amendment during the period be- tion related to COVID–19 or recovering from any
each possession of the United States with a mir- ginning on the effective date of the amendment injury, disability, illness, or condition related to
ror code tax system amounts equal to the loss (if and ending on the date the amendment is adopt- such immunization’ after ‘medical diagnosis’ in
any) to that possession by reason of the applica- ed. section 5102(a)(3) thereof, and
tion of this section (determined without regard ‘‘(ii) by applying section 5102(b)(1) of such Act
to this subsection) with respect to taxable years PART 5—CREDITS FOR PAID SICK AND separately with respect to each calendar year
beginning in or with 2021. Such amounts shall FAMILY LEAVE after 2020 (and, in the case of calendar year
be determined by the Secretary based on infor- SEC. 9641. PAYROLL CREDITS. 2021, without regard to the first quarter there-
mation provided by the government of the re- (a) IN GENERAL.—Chapter 21 of the Internal of).
spective possession. Revenue Code of 1986 is amended by adding at ‘‘(B) LEAVE MUST MEET REQUIREMENTS.—If an
‘‘(2) PAYMENTS TO OTHER POSSESSIONS.—The the end the following new subchapter: employer fails to comply with any requirement
Secretary shall pay to each possession of the ‘‘Subchapter D—Credits of such Act (determined without regard to sec-
United States which does not have a mirror code tion 5109 thereof) with respect to paid sick time
‘‘Sec. 3131. Credit for paid sick leave. (as defined in section 5110 of such Act), amounts
tax system amounts estimated by the Secretary
‘‘Sec. 3132. Payroll credit for paid family leave. paid by such employer with respect to such paid
as being equal to the aggregate benefits that
‘‘Sec. 3133. Special rule related to tax on em-
would have been provided to residents of such sick time shall not be taken into account as
ployers.
possession by reason of this section with respect qualified sick leave wages. For purposes of the
‘‘SEC. 3131. CREDIT FOR PAID SICK LEAVE. preceding sentence, an employer which takes an
to taxable years beginning in or with 2021 if a
mirror code tax system had been in effect in ‘‘(a) IN GENERAL.—In the case of an employer, action described in section 5104 of such Act shall
such possession. The preceding sentence shall there shall be allowed as a credit against appli- be treated as failing to meet a requirement of
not apply unless the respective possession has a cable employment taxes for each calendar quar- such Act.
plan, which has been approved by the Sec- ter an amount equal to 100 percent of the quali- ‘‘(d) ALLOWANCE OF CREDIT FOR CERTAIN
retary, under which such possession will fied sick leave wages paid by such employer HEALTH PLAN EXPENSES.—
promptly distribute such payments to its resi- with respect to such calendar quarter. ‘‘(1) IN GENERAL.—The amount of the credit
dents. ‘‘(b) LIMITATIONS AND REFUNDABILITY.— allowed under subsection (a) shall be increased
‘‘(3) COORDINATION WITH CREDIT ALLOWED ‘‘(1) WAGES TAKEN INTO ACCOUNT.—The by so much of the employer’s qualified health
AGAINST UNITED STATES INCOME TAXES.—In the amount of qualified sick leave wages taken into plan expenses as are properly allocable to the
case of any taxable year beginning in or with account under subsection (a), plus any in- qualified sick leave wages for which such credit
2021, no credit shall be allowed under this sec- creases under subsection (e), with respect to any is so allowed.
tion to any individual— individual shall not exceed $200 ($511 in the case ‘‘(2) QUALIFIED HEALTH PLAN EXPENSES.—For
‘‘(A) to whom a credit is allowable against of any day any portion of which is paid sick purposes of this subsection, the term ‘qualified
taxes imposed by a possession with a mirror code time described in paragraph (1), (2), or (3) of health plan expenses’ means amounts paid or
tax system by reason of this section, or section 5102(a) of the Emergency Paid Sick incurred by the employer to provide and main-
‘‘(B) who is eligible for a payment under a Leave Act, applied with the modification de- tain a group health plan (as defined in section
plan described in paragraph (2). scribed in subsection (c)(2)(A)(i)) for any day 5000(b)(1)), but only to the extent that such
‘‘(4) MIRROR CODE TAX SYSTEM.—For purposes (or portion thereof) for which the individual is amounts are excluded from the gross income of
of this subsection, the term ‘mirror code tax sys- paid qualified sick leave wages. employees by reason of section 106(a).
tem’ means, with respect to any possession of ‘‘(2) OVERALL LIMITATION ON NUMBER OF DAYS ‘‘(3) ALLOCATION RULES.—For purposes of this
the United States, the income tax system of such TAKEN INTO ACCOUNT.—The aggregate number of section, qualified health plan expenses shall be
possession if the income tax liability of the resi- days taken into account under paragraph (1) allocated to qualified sick leave wages in such
dents of such possession under such system is for any calendar quarter shall not exceed the manner as the Secretary may prescribe. Except
determined by reference to the income tax laws excess (if any) of— as otherwise provided by the Secretary, such al-
of the United States as if such possession were ‘‘(A) 10, over location shall be treated as properly made if
the United States. ‘‘(B) the aggregate number of days so taken made on the basis of being pro rata among cov-
‘‘(5) TREATMENT OF PAYMENTS.—For purposes into account during preceding calendar quarters ered employees and pro rata on the basis of peri-
of section 1324 of title 31, United States Code, in such calendar year (other than the first quar- ods of coverage (relative to the time periods of
the payments under this subsection shall be ter of calendar year 2021). leave to which such wages relate).
treated in the same manner as a refund due ‘‘(3) CREDIT LIMITED TO CERTAIN EMPLOYMENT ‘‘(e) ALLOWANCE OF CREDIT FOR AMOUNTS
from a credit provision referred to in subsection TAXES.—The credit allowed by subsection (a) PAID UNDER CERTAIN COLLECTIVELY BARGAINED
(b)(2) of such section.’’. with respect to any calendar quarter shall not AGREEMENTS.—
(c) CONFORMING AMENDMENTS.— exceed the applicable employment taxes for such ‘‘(1) IN GENERAL.—The amount of the credit
(1) Section 6211(b)(4)(A) of such Code, as calendar quarter on the wages paid with respect allowed under subsection (a) shall be increased
amended by the preceding provisions of this Act, to the employment of all employees of the em- by the sum of—
is amended by inserting ‘‘21 by reason of sub- ‘‘(A) so much of the employer’s collectively
ployer.
section (g) thereof,’’ before ‘‘24’’. bargained defined benefit pension plan con-
‘‘(4) REFUNDABILITY OF EXCESS CREDIT.—
(2) Section 1324(b)(2) of title 31, United States tributions as are properly allocable to the quali-
‘‘(A) CREDIT IS REFUNDABLE.—If the amount
Code (as amended by the preceding provisions of fied sick leave wages for which such credit is so
of the credit under subsection (a) exceeds the
this title), is amended by inserting ‘‘21,’’ before allowed, plus
limitation of paragraph (3) for any calendar ‘‘(B) so much of the employer’s collectively
‘‘24’’.
(d) EFFECTIVE DATE.—The amendments made quarter, such excess shall be treated as an over- bargained apprenticeship program contributions
by this section shall apply to taxable years be- payment that shall be refunded under sections as are properly allocable to the qualified sick
ginning after December 31, 2020. 6402(a) and 6413(b). leave wages for which such credit is so allowed.
SEC. 9632. INCREASE IN EXCLUSION FOR EM-
‘‘(B) ADVANCING CREDIT.—In anticipation of ‘‘(2) COLLECTIVELY BARGAINED DEFINED BEN-
PLOYER-PROVIDED DEPENDENT the credit, including the refundable portion EFIT PENSION PLAN CONTRIBUTIONS.—For pur-
CARE ASSISTANCE. under subparagraph (A), the credit shall be ad- poses of this subsection—
(a) IN GENERAL.—Section 129(a)(2) of the In- vanced, according to forms and instructions pro- ‘‘(A) IN GENERAL.—The term ‘collectively bar-
ternal Revenue Code of 1986 is amended by add- vided by the Secretary, up to an amount cal- gained defined benefit pension plan contribu-
ing at the end the following new subparagraph: culated under subsection (a), subject to the lim- tions’ means, with respect to any calendar quar-
‘‘(D) SPECIAL RULE FOR 2021.—In the case of its under paragraph (1) and (2), all calculated ter, contributions which—
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any taxable year beginning after December 31, through the end of the most recent payroll pe- ‘‘(i) are paid or incurred by an employer dur-
2020, and before January 1, 2022, subparagraph riod in the quarter. ing the calendar quarter on behalf of its employ-
(A) shall be applied be substituting ‘$10,500 (half ‘‘(c) QUALIFIED SICK LEAVE WAGES.—For pur- ees to a defined benefit plan (as defined in sec-
such dollar amount’ for ‘$5,000 ($2,500’.’’. poses of this section— tion 414(j)), which meets the requirements of sec-
(b) EFFECTIVE DATE.—The amendment made ‘‘(1) IN GENERAL.—The term ‘qualified sick tion 401(a),
by this section shall apply to taxable years be- leave wages’ means wages paid by an employer ‘‘(ii) are made based on a pension contribu-
ginning after December 31, 2020. which would be required to be paid by reason of tion rate, and
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H1238 CONGRESSIONAL RECORD — HOUSE March 10, 2021
‘‘(iii) are required to be made pursuant to the ‘‘(3) DENIAL OF DOUBLE BENEFIT.—For pur- ‘‘(3) regulations or other guidance providing
terms of a collective bargaining agreement in ef- poses of chapter 1, the gross income of the em- for waiver of penalties for failure to deposit
fect with respect to such calendar quarter. ployer, for the taxable year which includes the amounts in anticipation of the allowance of the
‘‘(B) PENSION CONTRIBUTION RATE.—The term last day of any calendar quarter with respect to credit allowed under this section,
‘pension contribution rate’ means the contribu- which a credit is allowed under this section, ‘‘(4) regulations or other guidance for recap-
tion rate that the employer is obligated to pay shall be increased by the amount of such credit. turing the benefit of credits determined under
on behalf of its employees under the terms of a Any wages taken into account in determining this section in cases where there is a subsequent
collective bargaining agreement for benefits the credit allowed under this section shall not be adjustment to the credit determined under sub-
under a defined benefit plan under such agree- taken into account for purposes of determining section (a),
ment, as such rate is applied to contribution the credit allowed under sections 45A, 45P, 45S, ‘‘(5) regulations or other guidance to ensure
base units (as defined by section 4001(a)(11) of 51, 3132, and 3134. In the case of any credit al- that the wages taken into account under this
the Employee Retirement Income Security Act of lowed under section 2301 of the CARES Act or section conform with the paid sick time required
1974 (29 U.S.C. 1301(a)(11)). section 41 with respect to wages taken into ac- to be provided under the Emergency Paid Sick
‘‘(C) ALLOCATION RULES.—The amount of col- count under this section, the credit allowed Leave Act,
lectively bargained defined benefit pension plan under this section shall be reduced by the por- ‘‘(6) regulations or other guidance to permit
contributions allocated to qualified sick leave tion of the credit allowed under such section the advancement of the credit determined under
wages for any calendar quarter shall be the 2301 or section 41 which is attributable to such subsection (a), and
product of— wages. ‘‘(7) regulations or other guidance with re-
‘‘(i) the pension contribution rate (expressed ‘‘(4) ELECTION TO NOT TAKE CERTAIN WAGES spect to the allocation, reporting, and substan-
as an hourly rate), and INTO ACCOUNT.—This section shall not apply to tiation of collectively bargained defined benefit
‘‘(ii) the number of hours for which qualified so much of the qualified sick leave wages paid pension plan contributions and collectively bar-
sick leave wages were provided to employees by an eligible employer as such employer elects gained apprenticeship program contributions.
covered under the collective bargaining agree- (at such time and in such manner as the Sec- ‘‘(h) APPLICATION OF SECTION.—This section
ment described in subparagraph (A)(iii) during retary may prescribe) to not take into account shall apply only to wages paid with respect to
the calendar quarter. for purposes of this section. the period beginning on April 1, 2021, and end-
‘‘(3) COLLECTIVELY BARGAINED APPRENTICE- ‘‘(5) CERTAIN GOVERNMENTAL EMPLOYERS.—No ing on September 30, 2021.
SHIP PROGRAM CONTRIBUTIONS.—For purposes of credit shall be allowed under this section to the ‘‘(i) TREATMENT OF DEPOSITS.—The Secretary
this section— Government of the United States or to any agen- shall waive any penalty under section 6656 for
‘‘(A) IN GENERAL.—The term ‘collectively bar- cy or instrumentality thereof. The preceding any failure to make a deposit of applicable em-
gained apprenticeship program contributions’ sentence shall not apply to any organization de- ployment taxes if the Secretary determines that
means, with respect to any calendar quarter, scribed in section 501(c)(1) and exempt from tax such failure was due to the anticipation of the
contributions which— under section 501(a). credit allowed under this section.
‘‘(i) are paid or incurred by an employer on ‘‘(6) EXTENSION OF LIMITATION ON ASSESS- ‘‘(j) NON-DISCRIMINATION REQUIREMENT.—No
behalf of its employees with respect to the cal- MENT.—Notwithstanding section 6501, the limi- credit shall be allowed under this section to any
endar quarter to a registered apprenticeship tation on the time period for the assessment of employer for any calendar quarter if such em-
program, any amount attributable to a credit claimed ployer, with respect to the availability of the
‘‘(ii) are made based on an apprenticeship under this section shall not expire before the provision of qualified sick leave wages to which
program contribution rate, and date that is 5 years after the later of— this section otherwise applies for such calendar
‘‘(iii) are required to be made pursuant to the ‘‘(A) the date on which the original return quarter, discriminates in favor of highly com-
terms of a collective bargaining agreement that which includes the calendar quarter with re- pensated employees (within the meaning of sec-
is in effect with respect to such calendar quar- spect to which such credit is determined is filed, tion 414(q)), full-time employees, or employees
ter. or on the basis of employment tenure with such
‘‘(B) REGISTERED APPRENTICESHIP PROGRAM.— ‘‘(B) the date on which such return is treated employer.
The term ‘registered apprenticeship program’ as filed under section 6501(b)(2). ‘‘SEC. 3132. PAYROLL CREDIT FOR PAID FAMILY
means an apprenticeship registered under the ‘‘(7) COORDINATION WITH CERTAIN PRO- LEAVE.
Act of August 16, 1937 (commonly known as the GRAMS.— ‘‘(a) IN GENERAL.—In the case of an employer,
‘National Apprenticeship Act’; 50 Stat. 664, ‘‘(A) IN GENERAL.—This section shall not there shall be allowed as a credit against appli-
chapter 663; 29 U.S.C. 50 et seq.) that meets the apply to so much of the qualified sick leave cable employment taxes for each calendar quar-
standards of subpart A of part 29 and part 30 of wages paid by an eligible employer as are taken ter an amount equal to 100 percent of the quali-
title 29, Code of Federal Regulations. into account as payroll costs in connection fied family leave wages paid by such employer
‘‘(C) APPRENTICESHIP PROGRAM CONTRIBUTION with— with respect to such calendar quarter.
RATE.—The term ‘apprenticeship program con- ‘‘(i) a covered loan under section 7(a)(37) or ‘‘(b) LIMITATIONS AND REFUNDABILITY.—
tribution rate’ means the contribution rate that 7A of the Small Business Act, ‘‘(1) WAGES TAKEN INTO ACCOUNT.—The
the employer is obligated to pay on behalf of its ‘‘(ii) a grant under section 324 of the Eco- amount of qualified family leave wages taken
employees under the terms of a collective bar- nomic Aid to Hard-Hit Small Businesses, Non- into account under subsection (a), plus any in-
gaining agreement for benefits under a reg- Profits, and Venues Act, or creases under subsection (e), with respect to any
istered apprenticeship program under such ‘‘(iii) a restaurant revitalization grant under individual shall not exceed—
agreement, as such rate is applied to contribu- section 5003 of the American Rescue Plan Act of ‘‘(A) for any day (or portion thereof) for
tion base units (as defined by section 4001(a)(11) 2021. which the individual is paid qualified family
of the Employee Retirement Income Security Act ‘‘(B) APPLICATION WHERE PPP LOANS NOT FOR- leave wages, $200, and
of 1974 (29 U.S.C. 1301(a)(11)). GIVEN.—The Secretary shall issue guidance pro- ‘‘(B) in the aggregate with respect to all cal-
‘‘(D) ALLOCATION RULES.—The amount of col- viding that payroll costs paid during the cov- endar quarters, $12,000.
lectively bargained apprenticeship program con- ered period shall not fail to be treated as quali- ‘‘(2) CREDIT LIMITED TO CERTAIN EMPLOYMENT
tributions allocated to qualified sick leave wages fied sick leave wages under this section by rea- TAXES.—The credit allowed by subsection (a)
for any calendar quarter shall be the product son of subparagraph (A)(i) to the extent that— with respect to any calendar quarter shall not
of— ‘‘(i) a covered loan of the taxpayer under sec- exceed the applicable employment taxes for such
‘‘(i) the apprenticeship program contribution tion 7(a)(37) of the Small Business Act is not calendar quarter (reduced by any credits al-
rate (expressed as an hourly rate), and forgiven by reason of a decision under section lowed under section 3131) on the wages paid
‘‘(ii) the number of hours for which qualified 7(a)(37)(J) of such Act, or with respect to the employment of all employees
sick leave wages were provided to employees ‘‘(ii) a covered loan of the taxpayer under sec- of the employer.
covered under the collective bargaining agree- tion 7A of the Small Business Act is not forgiven ‘‘(3) REFUNDABILITY OF EXCESS CREDIT.—
ment described in subparagraph (A)(iii) during by reason of a decision under section 7A(g) of ‘‘(A) CREDIT IS REFUNDABLE.—If the amount
the calendar quarter. such Act. of the credit under subsection (a) exceeds the
‘‘(f) DEFINITIONS AND SPECIAL RULES.— Terms used in the preceding sentence which are limitation of paragraph (2) for any calendar
‘‘(1) APPLICABLE EMPLOYMENT TAXES.—For also used in section 7A(g) or 7(a)(37)(J) of the quarter, such excess shall be treated as an over-
purposes of this section, the term ‘applicable em- Small Business Act shall, when applied in con- payment that shall be refunded under sections
ployment taxes’ means the following: nection with either such section, have the same 6402(a) and 6413(b).
‘‘(A) The taxes imposed under section 3111(b). meaning as when used in such section, respec- ‘‘(B) ADVANCING CREDIT.—In anticipation of
‘‘(B) So much of the taxes imposed under sec- tively. the credit, including the refundable portion
tion 3221(a) as are attributable to the rate in ef- ‘‘(g) REGULATIONS.—The Secretary shall pre- under subparagraph (A), the credit shall be ad-
fect under section 3111(b). scribe such regulations or other guidance as vanced, according to forms and instructions pro-
‘‘(2) WAGES.—For purposes of this section, the may be necessary to carry out the purposes of vided by the Secretary, up to an amount cal-
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term ‘wages’ means wages (as defined in section this section, including— culated under subsection (a), subject to the lim-
3121(a), determined without regard to para- ‘‘(1) regulations or other guidance to prevent its under paragraph (1) and (2), all calculated
graphs (1) through (22) of section 3121(b)) and the avoidance of the purposes of the limitations through the end of the most recent payroll pe-
compensation (as defined in section 3231(e), de- under this section, riod in the quarter.
termined without regard to the sentence in ‘‘(2) regulations or other guidance to minimize ‘‘(c) QUALIFIED FAMILY LEAVE WAGES.—
paragraph (1) thereof which begins ‘Such term compliance and record-keeping burdens under ‘‘(1) IN GENERAL.—For purposes of this sec-
does not include remuneration’). this section, tion, the term ‘qualified family leave wages’
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1239
means wages paid by an employer which would fied family leave wages for which such credit is Government of the United States or to any agen-
be required to be paid by reason of the Emer- so allowed, plus cy or instrumentality thereof. The preceding
gency Family and Medical Leave Expansion Act ‘‘(B) so much of the employer’s collectively sentence shall not apply to any organization de-
(including the amendments made by such Act) bargained apprenticeship program contributions scribed in section 501(c)(1) and exempt from tax
as if such Act (and amendments made by such as are properly allocable to the qualified family under section 501(a).
Act) applied after March 31, 2021. leave wages for which such credit is so allowed. ‘‘(6) EXTENSION OF LIMITATION ON ASSESS-
‘‘(2) RULES OF APPLICATION.— ‘‘(2) COLLECTIVELY BARGAINED DEFINED BEN- MENT.—Notwithstanding section 6501, the limi-
‘‘(A) IN GENERAL.—For purposes of deter- EFIT PENSION PLAN CONTRIBUTIONS.—For pur- tation on the time period for the assessment of
mining whether wages are qualified family leave poses of this subsection— any amount attributable to a credit claimed
wages under paragraph (1)— ‘‘(A) IN GENERAL.—The term ‘collectively bar- under this section shall not expire before the
‘‘(i) section 110(a)(2)(A) of the Family and gained defined benefit pension plan contribu- date that is 5 years after the later of—
Medical Leave Act of 1993 shall be applied by tions’ has the meaning given such term under ‘‘(A) the date on which the original return
inserting ‘or any reason for leave described in section 3131(e)(2). which includes the calendar quarter with re-
section 5102(a) of the Families First Coronavirus ‘‘(B) ALLOCATION RULES.—The amount of col- spect to which such credit is determined is filed,
Response Act, or the employee is seeking or lectively bargained defined benefit pension plan or
awaiting the results of a diagnostic test for, or contributions allocated to qualified family leave ‘‘(B) the date on which such return is treated
a medical diagnosis of, COVID–19 and such em- wages for any calendar quarter shall be the as filed under section 6501(b)(2).
ployee has been exposed to COVID–19 or the em- product of— ‘‘(7) COORDINATION WITH CERTAIN PRO-
ployee’s employer has requested such test or di- ‘‘(i) the pension contribution rate (as defined GRAMS.—
agnosis, or the employee is obtaining immuniza- in section 3131(e)(2)), expressed as an hourly ‘‘(A) IN GENERAL.—This section shall not
tion related to COVID–19 or recovering from any rate, and apply to so much of the qualified family leave
‘‘(ii) the number of hours for which qualified wages paid by an eligible employer as are taken
injury, disability, illness, or condition related to
family leave wages were provided to employees into account as payroll costs in connection
such immunization’ after ‘public health emer-
covered under the collective bargaining agree- with—
gency’, and
‘‘(ii) section 110(b) of such Act shall be ap- ment described in section 3131(e)(2)(A)(iii) dur- ‘‘(i) a covered loan under section 7(a)(37) or
plied— ing the calendar quarter. 7A of the Small Business Act,
‘‘(3) COLLECTIVELY BARGAINED APPRENTICE- ‘‘(ii) a grant under section 324 of the Eco-
‘‘(I) without regard to paragraph (1) thereof,
SHIP PROGRAM CONTRIBUTIONS.—For purposes of
‘‘(II) by striking ‘after taking leave after such nomic Aid to Hard-Hit Small Businesses, Non-
section for 10 days’ in paragraph (2)(A) thereof, this section—
Profits, and Venues Act, or
‘‘(A) IN GENERAL.—The term ‘collectively bar-
and ‘‘(iii) a restaurant revitalization grant under
gained apprenticeship program contributions’
‘‘(III) by substituting ‘$12,000’ for ‘$10,000’ in section 5003 of the American Rescue Plan Act of
has the meaning given such term under section
paragraph (2)(B)(ii) thereof. 2021.
‘‘(B) LEAVE MUST MEET REQUIREMENTS.—For 3131(e)(3).
‘‘(B) APPLICATION WHERE PPP LOANS NOT FOR-
‘‘(B) ALLOCATION RULES.—For purposes of
purposes of determining whether wages would GIVEN.—The Secretary shall issue guidance pro-
this section, the amount of collectively bar-
be required to be paid under paragraph (1), if viding that payroll costs paid during the cov-
gained apprenticeship program contributions al-
an employer fails to comply with any require- ered period shall not fail to be treated as quali-
located to qualified family leave wages for any
ment of the Family and Medical Leave Act of fied family leave wages under this section by
calendar quarter shall be the product of—
1993 or the Emergency Family and Medical ‘‘(i) the apprenticeship contribution rate (as reason of subparagraph (A)(i) to the extent
Leave Expansion Act (determined without re- that—
defined in section 3131(e)(3)), expressed as an
gard to any time limitation under section ‘‘(i) a covered loan of the taxpayer under sec-
hourly rate, and
102(a)(1)(F) of the Family and Medical Leave ‘‘(ii) the number of hours for which qualified tion 7(a)(37) of the Small Business Act is not
Act of 1994) with respect to any leave provided family leave wages were provided to employees forgiven by reason of a decision under section
for a qualifying need related to a public health covered under the collective bargaining agree- 7(a)(37)(J) of such Act, or
emergency (as defined in section 110 of such Act, ment described in section 3131(e)(3)(A)(iii) dur- ‘‘(ii) a covered loan of the taxpayer under sec-
applied as described in subparagraph (A)(i)), ing the calendar quarter. tion 7A of the Small Business Act is not forgiven
amounts paid by such employer with respect to ‘‘(f) DEFINITIONS AND SPECIAL RULES.— by reason of a decision under section 7A(g) of
such leave shall not be taken into account as ‘‘(1) APPLICABLE EMPLOYMENT TAXES.—For such Act.
qualified family leave wages. For purposes of purposes of this section, the term ‘applicable em- Terms used in the preceding sentence which are
the preceding sentence, an employer which ployment taxes’ means the following: also used in section 7A(g) or 7(a)(37)(J) of the
takes an action described in section 105 of the ‘‘(A) The taxes imposed under section 3111(b). Small Business Act shall, when applied in con-
Family and Medical Leave Act of 1993 shall be ‘‘(B) So much of the taxes imposed under sec- nection with either such section, have the same
treated as failing to meet a requirement of such tion 3221(a) as are attributable to the rate in ef- meaning as when used in such section, respec-
Act. fect under section 3111(b). tively.
‘‘(d) ALLOWANCE OF CREDIT FOR CERTAIN ‘‘(2) WAGES.—For purposes of this section, the ‘‘(g) REGULATIONS.—The Secretary shall pre-
HEALTH PLAN EXPENSES.— term ‘wages’ means wages (as defined in section scribe such regulations or other guidance as
‘‘(1) IN GENERAL.—The amount of the credit 3121(a), determined without regard to para- may be necessary to carry out the purposes of
allowed under subsection (a) shall be increased graphs (1) through (22) of section 3121(b)) and this section, including—
by so much of the employer’s qualified health compensation (as defined in section 3231(e), de- ‘‘(1) regulations or other guidance to prevent
plan expenses as are properly allocable to the termined without regard to the sentence in the avoidance of the purposes of the limitations
qualified family leave wages for which such paragraph (1) thereof which begins ‘Such term under this section,
credit is so allowed. does not include remuneration’). ‘‘(2) regulations or other guidance to minimize
‘‘(2) QUALIFIED HEALTH PLAN EXPENSES.—For ‘‘(3) DENIAL OF DOUBLE BENEFIT.—For pur- compliance and record-keeping burdens under
purposes of this subsection, the term ‘qualified poses of chapter 1, the gross income of the em- this section,
health plan expenses’ means amounts paid or ployer, for the taxable year which includes the ‘‘(3) regulations or other guidance providing
incurred by the employer to provide and main- last day of any calendar quarter with respect to for waiver of penalties for failure to deposit
tain a group health plan (as defined in section which a credit is allowed under this section, amounts in anticipation of the allowance of the
5000(b)(1)), but only to the extent that such shall be increased by the amount of such credit. credit allowed under this section,
amounts are excluded from the gross income of Any wages taken into account in determining ‘‘(4) regulations or other guidance for recap-
employees by reason of section 106(a). the credit allowed under this section shall not be turing the benefit of credits determined under
‘‘(3) ALLOCATION RULES.—For purposes of this taken into account for purposes of determining this section in cases where there is a subsequent
section, qualified health plan expenses shall be the credit allowed under sections 45A, 45P, 45S, adjustment to the credit determined under sub-
allocated to qualified family leave wages in such 51, 3131, and 3134. In the case of any credit al- section (a),
manner as the Secretary may prescribe. Except lowed under section 2301 of the CARES Act or ‘‘(5) regulations or other guidance to ensure
as otherwise provided by the Secretary, such al- section 41 with respect to wages taken into ac- that the wages taken into account under this
location shall be treated as properly made if count under this section, the credit allowed section conform with the paid leave required to
made on the basis of being pro rata among cov- under this section shall be reduced by the por- be provided under the Emergency Family and
ered employees and pro rata on the basis of peri- tion of the credit allowed under such section Medical Leave Expansion Act (including the
ods of coverage (relative to the time periods of 2301 or section 41 which is attributable to such amendments made by such Act),
leave to which such wages relate). wages. ‘‘(6) regulations or other guidance to permit
‘‘(e) ALLOWANCE OF CREDIT FOR AMOUNTS ‘‘(4) ELECTION TO NOT TAKE CERTAIN WAGES the advancement of the credit determined under
PAID UNDER CERTAIN COLLECTIVELY BARGAINED INTO ACCOUNT.—This section shall not apply to subsection (a), and
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AGREEMENTS.— so much of the qualified family leave wages paid ‘‘(7) regulations or other guidance with re-
‘‘(1) IN GENERAL.—The amount of the credit by an eligible employer as such employer elects spect to the allocation, reporting, and substan-
allowed under subsection (a) shall be increased (at such time and in such manner as the Sec- tiation of collectively bargained defined benefit
by so much of the sum of— retary may prescribe) to not take into account pension plan contributions and collectively bar-
‘‘(A) so much of the employer’s collectively for purposes of this section. gained apprenticeship program contributions.
bargained defined benefit pension plan con- ‘‘(5) CERTAIN GOVERNMENTAL EMPLOYERS.—No ‘‘(h) APPLICATION OF SECTION.—This section
tributions as are properly allocable to the quali- credit shall be allowed under this section to the shall apply only to wages paid with respect to
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H1240 CONGRESSIONAL RECORD — HOUSE March 10, 2021
the period beginning on April 1, 2021, and end- to any eligible self-employed individual, an Such amounts shall be determined by the Sec-
ing on September 30, 2021. amount equal to— retary based on information provided by the
‘‘(i) TREATMENT OF DEPOSITS.—The Secretary (A) the number of days during the taxable government of the respective possession.
shall waive any penalty under section 6656 for year (but not more than 10) that the individual (2) PAYMENTS TO OTHER POSSESSIONS.—The
any failure to make a deposit of applicable em- is unable to perform services in any trade or Secretary shall pay to each possession of the
ployment taxes if the Secretary determines that business referred to in section 1402 of the Inter- United States which does not have a mirror code
such failure was due to the anticipation of the nal Revenue Code of 1986 for a reason with re- tax system amounts estimated by the Secretary
credit allowed under this section. spect to which such individual would be entitled as being equal to the aggregate benefits (if any)
‘‘(j) NON-DISCRIMINATION REQUIREMENT.—No to receive sick leave as described in subsection that would have been provided to residents of
credit shall be allowed under this section to any (b), multiplied by such possession by reason of the provisions of
employer for any calendar quarter if such em- (B) the lesser of— this section if a mirror code tax system had been
ployer, with respect to the availability of the (i) $200 ($511 in the case of any day of paid in effect in such possession. The preceding sen-
provision of qualified family leave wages to sick time described in paragraph (1), (2), or (3) tence shall not apply unless the respective pos-
which this section otherwise applies for such of section 5102(a) of the Emergency Paid Sick session has a plan, which has been approved by
calendar quarter, discriminates in favor of high- Leave Act, applied with the modification de- the Secretary, under which such possession will
ly compensated employees (within the meaning scribed in subsection (b)(2)(A)) of this section, or promptly distribute such payments to its resi-
of section 414(q)), full-time employees, or em- (ii) 67 percent (100 percent in the case of any dents.
ployees on the basis of employment tenure with day of paid sick time described in paragraph (1), (3) MIRROR CODE TAX SYSTEM.—For purposes
such employer. (2), or (3) of section 5102(a) of the Emergency of this section, the term ‘‘mirror code tax sys-
‘‘SEC. 3133. SPECIAL RULE RELATED TO TAX ON Paid Sick Leave Act) of the average daily self- tem’’ means, with respect to any possession of
EMPLOYERS. employment income of the individual for the the United States, the income tax system of such
‘‘(a) IN GENERAL.—The credit allowed by sec- taxable year. possession if the income tax liability of the resi-
tion 3131 and the credit allowed by section 3132 (2) AVERAGE DAILY SELF-EMPLOYMENT IN- dents of such possession under such system is
shall each be increased by the amount of the COME.—For purposes of this subsection, the term determined by reference to the income tax laws
taxes imposed by subsections (a) and (b) of sec- ‘‘average daily self-employment income’’ means of the United States as if such possession were
tion 3111 and section 3221(a) on qualified sick an amount equal to— the United States.
leave wages, or qualified family leave wages, for (A) the net earnings from self-employment of (4) TREATMENT OF PAYMENTS.—For purposes
which credit is allowed under such section 3131 the individual for the taxable year, divided by of section 1324 of title 31, United States Code,
or 3132 (respectively). (B) 260. the payments under this subsection shall be
‘‘(b) DENIAL OF DOUBLE BENEFIT.—For denial (3) ELECTION TO USE PRIOR YEAR NET EARNINGS treated in the same manner as a refund due
of double benefit with respect to the credit in- FROM SELF-EMPLOYMENT INCOME.—In the case from a credit provision referred to in subsection
crease under subsection (a), see sections of an individual who elects (at such time and in (b)(2) of such section.
3131(f)(3) and 3132(f)(3).’’. such manner as the Secretary may provide) the (h) REGULATIONS.—The Secretary shall pre-
(b) REFUNDS.—Paragraph (2) of section application of this paragraph, paragraph (2)(A) scribe such regulations or other guidance as
1324(b) of title 31, United States Code, is amend- shall be applied by substituting ‘‘the prior tax- may be necessary to carry out the purposes of
ed by inserting ‘‘3131, 3132,’’ before ‘‘6428’’. able year’’ for ‘‘the taxable year’’. this section, including—
(c) CLERICAL AMENDMENT.—The table of sub- (4) ELECTION TO NOT TAKE DAYS INTO AC- (1) regulations or other guidance to effectuate
chapters for chapter 21 of the Internal Revenue COUNT.—Any day shall not be taken into ac- the purposes of this section, and
Code of 1986 is amended by adding at the end count under paragraph (1)(A) if the eligible self- (2) regulations or other guidance to minimize
the following new item: employed individual elects (at such time and in compliance and record-keeping burdens under
such manner as the Secretary may prescribe) to this section.
‘‘SUBCHAPTER D—CREDITS’’.
not take such day into account for purposes of SEC. 9643. CREDIT FOR FAMILY LEAVE FOR CER-
(d) EFFECTIVE DATE.—The amendments made TAIN SELF-EMPLOYED INDIVIDUALS.
by this section shall apply to amounts paid with such paragraph.
(d) CREDIT REFUNDABLE.— (a) IN GENERAL.—In the case of an eligible
respect to calendar quarters beginning after self-employed individual, there shall be allowed
(1) IN GENERAL.—The credit determined under
March 31, 2021. as a credit against the tax imposed by chapter
this section shall be treated as a credit allowed
SEC. 9642. CREDIT FOR SICK LEAVE FOR CERTAIN 1 of the Internal Revenue Code of 1986 for any
SELF-EMPLOYED INDIVIDUALS. to the taxpayer under subpart C of part IV of
subchapter A of chapter 1 of such Code. taxable year an amount equal to 100 percent of
(a) IN GENERAL.—In the case of an eligible the qualified family leave equivalent amount
(2) TREATMENT OF PAYMENTS.—For purposes
self-employed individual, there shall be allowed with respect to the individual.
of section 1324 of title 31, United States Code,
as a credit against the tax imposed by chapter (b) ELIGIBLE SELF-EMPLOYED INDIVIDUAL.—
any refund due from the credit determined
1 of the Internal Revenue Code of 1986 for any For purposes of this section—
under this section shall be treated in the same
taxable year an amount equal to the qualified (1) IN GENERAL.—The term ‘‘eligible self-em-
manner as a refund due from a credit provision
sick leave equivalent amount with respect to the ployed individual’’ means an individual who—
referred to in subsection (b)(2) of such section.
individual. (A) regularly carries on any trade or business
(e) SPECIAL RULES.—
(b) ELIGIBLE SELF-EMPLOYED INDIVIDUAL.— within the meaning of section 1402 of the Inter-
(1) DOCUMENTATION.—No credit shall be al-
For purposes of this section— nal Revenue Code of 1986, and
(1) IN GENERAL.—The term ‘‘eligible self-em- lowed under this section unless the individual
(B) would be entitled to receive paid leave
ployed individual’’ means an individual who— maintains such documentation as the Secretary
during the taxable year pursuant to the Emer-
(A) regularly carries on any trade or business may prescribe to establish such individual as an
gency Family and Medical Leave Expansion Act
within the meaning of section 1402 of the Inter- eligible self-employed individual.
if—
nal Revenue Code of 1986, and (2) DENIAL OF DOUBLE BENEFIT.—In the case (i) the individual were an employee of an em-
(B) would be entitled to receive paid leave of an individual who receives wages (as defined ployer (other than himself or herself),
during the taxable year pursuant to the Emer- in section 3121(a) of the Internal Revenue Code (ii) section 102(a)(1)(F) of the Family and
gency Paid Sick Leave Act if— of 1986) or compensation (as defined in section Medical Leave Act of 1993 applied after March
(i) the individual were an employee of an em- 3231(e) of such Code) paid by an employer which 31, 2021.
ployer (other than himself or herself), and are required to be paid by reason of the Emer- (2) RULES OF APPLICATION.—For purposes of
(ii) such Act applied after March 31, 2021. gency Paid Sick Leave Act, the qualified sick paragraph (1)(B), in determining whether an in-
(2) RULES OF APPLICATION.—For purposes of leave equivalent amount otherwise determined dividual would be entitled to receive paid leave
paragraph (1)(B), in determining whether an in- under subsection (c) of this section shall be re- under the Emergency Family and Medical Leave
dividual would be entitled to receive paid leave duced (but not below zero) to the extent that the Act—
under the Emergency Paid Sick Leave Act, such sum of the amount described in such subsection (A) section 110(a)(2)(A) of the Family and
Act shall be applied— and in section 3131(b)(1) of such Code exceeds Medical Leave Act of 1993 shall be applied by
(A) by inserting ‘‘, the employee is seeking or $2,000 ($5,110 in the case of any day any portion inserting ‘‘or any reason for leave described in
awaiting the results of a diagnostic test for, or of which is paid sick time described in para- section 5102(a) of the Families First Coronavirus
a medical diagnosis of, COVID–19 and such em- graph (1), (2), or (3) of section 5102(a) of the Response Act, or the employee is seeking or
ployee has been exposed to COVID–19 or is un- Emergency Paid Sick Leave Act). awaiting the results of a diagnostic test for, or
able to work pending the results of such test or (f) APPLICATION OF SECTION.—Only days oc- a medical diagnosis of, COVID–19 and such em-
diagnosis, or the employee is obtaining immuni- curring during the period beginning on April 1, ployee has been exposed to COVID–19 or is un-
zation related to COVID–19 or recovering from 2021, and ending on September 30, 2021, may be able to work pending the results of such test or
any injury, disability, illness, or condition re- taken into account under subsection (c)(1)(A). diagnosis, or the employee is obtaining immuni-
lated to such immunization’’ after ‘‘medical di- (g) APPLICATION OF CREDIT IN CERTAIN POS- zation related to COVID–19 or recovering from
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agnosis’’ in section 5102(a)(3) of such Act, and SESSIONS.— any injury, disability, illness, or condition re-
(B) by applying section 5102(b)(1) of such Act (1) PAYMENTS TO POSSESSIONS WITH MIRROR lated to such immunization’’ after ‘‘public
separately with respect to each taxable year. CODE TAX SYSTEMS.—The Secretary shall pay to health emergency’’, and
(c) QUALIFIED SICK LEAVE EQUIVALENT each possession of the United States which has (B) section 110(b) of such Act shall be ap-
AMOUNT.—For purposes of this section— a mirror code tax system amounts equal to the plied—
(1) IN GENERAL.—The term ‘‘qualified sick loss (if any) to that possession by reason of the (i) without regard to paragraph (1) thereof,
leave equivalent amount’’ means, with respect application of the provisions of this section. and
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1241
(ii) by striking ‘‘after taking leave after such each possession of the United States which has exceeds the limitation of paragraph (2) for any
section for 10 days’’ in paragraph (2)(A) thereof. a mirror code tax system amounts equal to the calendar quarter, such excess shall be treated as
(c) QUALIFIED FAMILY LEAVE EQUIVALENT loss (if any) to that possession by reason of the an overpayment that shall be refunded under
AMOUNT.—For purposes of this section— application of the provisions of this section. sections 6402(a) and 6413(b).
(1) IN GENERAL.—The term ‘‘qualified family Such amounts shall be determined by the Sec- ‘‘(c) DEFINITIONS.—For purposes of this sec-
leave equivalent amount’’ means, with respect retary based on information provided by the tion—
to any eligible self-employed individual, an government of the respective possession. ‘‘(1) APPLICABLE EMPLOYMENT TAXES.—The
amount equal to the product of— (2) PAYMENTS TO OTHER POSSESSIONS.—The term ‘applicable employment taxes’ means the
(A) the number of days (not to exceed 60) dur- Secretary shall pay to each possession of the following:
ing the taxable year that the individual is un- United States which does not have a mirror code ‘‘(A) The taxes imposed under section 3111(b).
able to perform services in any trade or business tax system amounts estimated by the Secretary ‘‘(B) So much of the taxes imposed under sec-
referred to in section 1402 of the Internal Rev- as being equal to the aggregate benefits (if any) tion 3221(a) as are attributable to the rate in ef-
enue Code of 1986 for a reason with respect to that would have been provided to residents of fect under section 3111(b).
which such individual would be entitled to re- such possession by reason of the provisions of ‘‘(2) ELIGIBLE EMPLOYER.—
ceive paid leave as described in subsection (b) of this section if a mirror code tax system had been ‘‘(A) IN GENERAL.—The term ‘eligible em-
this section, multiplied by in effect in such possession. The preceding sen- ployer’ means any employer—
(B) the lesser of— ‘‘(i) which was carrying on a trade or business
tence shall not apply unless the respective pos-
(i) 67 percent of the average daily self-employ- during the calendar quarter for which the credit
session has a plan, which has been approved by
ment income of the individual for the taxable is determined under subsection (a), and
the Secretary, under which such possession will ‘‘(ii) with respect to any calendar quarter, for
year, or promptly distribute such payments to its resi-
(ii) $200. which—
dents. ‘‘(I) the operation of the trade or business de-
(2) AVERAGE DAILY SELF-EMPLOYMENT IN- (3) MIRROR CODE TAX SYSTEM.—For purposes
COME.—For purposes of this subsection, the term
scribed in clause (i) is fully or partially sus-
of this section, the term ‘‘mirror code tax sys- pended during the calendar quarter due to or-
‘‘average daily self-employment income’’ means tem’’ means, with respect to any possession of
an amount equal to— ders from an appropriate governmental author-
the United States, the income tax system of such ity limiting commerce, travel, or group meetings
(A) the net earnings from self-employment in- possession if the income tax liability of the resi-
come of the individual for the taxable year, di- (for commercial, social, religious, or other pur-
dents of such possession under such system is poses) due to the coronavirus disease 2019
vided by determined by reference to the income tax laws
(B) 260. (COVID–19),
of the United States as if such possession were ‘‘(II) the gross receipts (within the meaning of
(3) ELECTION TO USE PRIOR YEAR NET EARNINGS the United States.
FROM SELF-EMPLOYMENT INCOME.—In the case
section 448(c)) of such employer for such cal-
(4) TREATMENT OF PAYMENTS.—For purposes endar quarter are less than 80 percent of the
of an individual who elects (at such time and in of section 1324 of title 31, United States Code,
such manner as the Secretary may provide) the gross receipts of such employer for the same cal-
the payments under this subsection shall be endar quarter in calendar year 2019, or
application of this paragraph, paragraph (2)(A) treated in the same manner as a refund due
shall be applied by substituting ‘‘the prior tax- ‘‘(III) the employer is a recovery startup busi-
from a credit provision referred to in subsection ness (as defined in paragraph (5)).
able year’’ for ‘‘the taxable year’’. (b)(2) of such section. With respect to any employer for any calendar
(4) COORDINATION WITH CREDIT FOR SICK (h) REGULATIONS.—The Secretary shall pre- quarter, if such employer was not in existence as
LEAVE.—Any day taken into account in deter- scribe such regulations or other guidance as of the beginning of the same calendar quarter in
mining the qualified sick leave equivalent may be necessary to carry out the purposes of calendar year 2019, clause (ii)(II) shall be ap-
amount with respect to any eligible-self em- this section, including— plied by substituting ‘2020’ for ‘2019’.
ployed individual under section 9642 shall not be (1) regulations or other guidance to prevent ‘‘(B) ELECTION TO USE ALTERNATIVE QUAR-
take into account in determining the qualified the avoidance of the purposes of this section, TER.—At the election of the employer—
family leave equivalent amount with respect to and ‘‘(i) subparagraph (A)(ii)(II) shall be ap-
such individual under this section. (2) regulations or other guidance to minimize plied—
(d) CREDIT REFUNDABLE.— compliance and record-keeping burdens under ‘‘(I) by substituting ‘for the immediately pre-
(1) IN GENERAL.—The credit determined under this section. ceding calendar quarter’ for ‘for such calendar
this section shall be treated as a credit allowed quarter’, and
to the taxpayer under subpart C of part IV of PART 6—EMPLOYEE RETENTION CREDIT
‘‘(II) by substituting ‘the corresponding cal-
subchapter A of chapter 1 of such Code. SEC. 9651. EXTENSION OF EMPLOYEE RETENTION
CREDIT. endar quarter in calendar year 2019’ for ‘the
(2) TREATMENT OF PAYMENTS.—For purposes same calendar quarter in calendar year 2019’,
of section 1324 of title 31, United States Code, (a) IN GENERAL.—Subchapter D of chapter 21
and
any refund due from the credit determined of subtitle C of the Internal Revenue Code of
‘‘(ii) the last sentence of subparagraph (A)
under this section shall be treated in the same 1986, as added by section 9641, is amended by
shall be applied by substituting ‘the cor-
manner as a refund due from a credit provision adding at the end the following:
responding calendar quarter in calendar year
referred to in subsection (b)(2) of such section. ‘‘SEC. 3134. EMPLOYEE RETENTION CREDIT FOR 2019’ for ‘the same calendar quarter in calendar
(e) SPECIAL RULES.— EMPLOYERS SUBJECT TO CLOSURE
DUE TO COVID–19.
year 2019’.
(1) DOCUMENTATION.—No credit shall be al- An election under this subparagraph shall be
lowed under this section unless the individual ‘‘(a) IN GENERAL.—In the case of an eligible made at such time and in such manner as the
maintains such documentation as the Secretary employer, there shall be allowed as a credit Secretary shall prescribe.
may prescribe to establish such individual as an against applicable employment taxes for each ‘‘(C) TAX-EXEMPT ORGANIZATIONS.—In the
eligible self-employed individual. calendar quarter an amount equal to 70 percent case of an organization which is described in
(2) DENIAL OF DOUBLE BENEFIT.—In the case of the qualified wages with respect to each em- section 501(c) and exempt from tax under section
of an individual who receives wages (as defined ployee of such employer for such calendar quar- 501(a)—
in section 3121(a) of the Internal Revenue Code ter. ‘‘(i) clauses (i) and (ii)(I) of subparagraph (A)
of 1986) or compensation (as defined in section ‘‘(b) LIMITATIONS AND REFUNDABILITY.— shall apply to all operations of such organiza-
3231(e) of such Code) paid by an employer which ‘‘(1) IN GENERAL.— tion, and
are required to be paid by reason of the Emer- ‘‘(A) WAGES TAKEN INTO ACCOUNT.—The ‘‘(ii) any reference in this section to gross re-
gency Family and Medical Leave Expansion amount of qualified wages with respect to any ceipts shall be treated as a reference to gross re-
Act, the qualified family leave equivalent employee which may be taken into account ceipts within the meaning of section 6033.
amount otherwise described in subsection (c) of under subsection (a) by the eligible employer for ‘‘(3) QUALIFIED WAGES.—
this section shall be reduced (but not below any calendar quarter shall not exceed $10,000. ‘‘(A) IN GENERAL.—The term ‘qualified wages’
zero) to the extent that the sum of the amount ‘‘(B) RECOVERY STARTUP BUSINESSES.—In the means—
described in such subsection and in section case of an eligible employer which is a recovery ‘‘(i) in the case of an eligible employer for
3132(b)(1) of such Code exceeds $12,000. startup business (as defined in subsection which the average number of full-time employ-
(3) REFERENCES TO EMERGENCY FAMILY AND (c)(5)), the amount of the credit allowed under ees (within the meaning of section 4980H) em-
MEDICAL LEAVE EXPANSION ACT.—Any reference subsection (a) (after application of subpara- ployed by such eligible employer during 2019
in this section to the Emergency Family and graph (A)) for any calendar quarter shall not was greater than 500, wages paid by such eligi-
Medical Leave Expansion Act shall be treated as exceed $50,000. ble employer with respect to which an employee
including a reference to the amendments made ‘‘(2) CREDIT LIMITED TO EMPLOYMENT is not providing services due to circumstances
by such Act. TAXES.—The credit allowed by subsection (a) described in subclause (I) or (II) of paragraph
(f) APPLICATION OF SECTION.—Only days oc- with respect to any calendar quarter shall not (2)(A)(ii), or
dlhill on DSK120RN23PROD with HOUSE
curring during the period beginning on April 1, exceed the applicable employment taxes (re- ‘‘(ii) in the case of an eligible employer for
2021 and ending on September 30, 2021, may be duced by any credits allowed under sections which the average number of full-time employ-
taken into account under subsection (c)(1)(A). 3131 and 3132) on the wages paid with respect to ees (within the meaning of section 4980H) em-
(g) APPLICATION OF CREDIT IN CERTAIN POS- the employment of all the employees of the eligi- ployed by such eligible employer during 2019
SESSIONS.— ble employer for such calendar quarter. was not greater than 500—
(1) PAYMENTS TO POSSESSIONS WITH MIRROR ‘‘(3) REFUNDABILITY OF EXCESS CREDIT.—If ‘‘(I) with respect to an eligible employer de-
CODE TAX SYSTEMS.—The Secretary shall pay to the amount of the credit under subsection (a) scribed in subclause (I) of paragraph (2)(A)(ii),
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H1242 CONGRESSIONAL RECORD — HOUSE March 10, 2021
wages paid by such eligible employer with re- ‘‘(f) CERTAIN GOVERNMENTAL EMPLOYERS.— ‘‘(C) SPECIAL RULE FOR EMPLOYERS NOT IN EX-
spect to an employee during any period de- ‘‘(1) IN GENERAL.—This credit shall not apply ISTENCE IN 2019.—In the case of any employer
scribed in such clause, or to the Government of the United States, the gov- that was not in existence in 2019, subparagraphs
‘‘(II) with respect to an eligible employer de- ernment of any State or political subdivision (A) and (B) shall each be applied by sub-
scribed in subclause (II) of such paragraph, thereof, or any agency or instrumentality of any stituting ‘2020’ for ‘2019’ each place it appears.
wages paid by such eligible employer with re- of the foregoing. ‘‘(3) RECONCILIATION OF CREDIT WITH ADVANCE
spect to an employee during such quarter. ‘‘(2) EXCEPTION.—Paragraph (1) shall not PAYMENTS.—
‘‘(B) SPECIAL RULE FOR EMPLOYERS NOT IN EX- apply to— ‘‘(A) IN GENERAL.—The amount of credit
ISTENCE IN 2019.—In the case of any employer ‘‘(A) any organization described in section which would (but for this subsection) be allowed
that was not in existence in 2019, subparagraph 501(c)(1) and exempt from tax under section under this section shall be reduced (but not
(A) shall be applied by substituting ‘2020’ for 501(a), or below zero) by the aggregate payment allowed to
‘2019’ each place it appears. ‘‘(B) any entity described in paragraph (1) the taxpayer under paragraph (2). Any failure
‘‘(C) SEVERELY FINANCIALLY DISTRESSED EM- if— to so reduce the credit shall be treated as arising
PLOYERS.— ‘‘(i) such entity is a college or university, or out of a mathematical or clerical error and as-
‘‘(i) IN GENERAL.—Notwithstanding subpara- ‘‘(ii) the principal purpose or function of such sessed according to section 6213(b)(1).
graph (A)(i), in the case of a severely finan- entity is providing medical or hospital care. ‘‘(B) EXCESS ADVANCE PAYMENTS.—If the ad-
cially distressed employer, the term ‘qualified In the case of any entity described in subpara- vance payments to a taxpayer under paragraph
wages’ means wages paid by such employer with graph (B), such entity shall be treated as satis- (2) for a calendar quarter exceed the credit al-
respect to an employee during any calendar fying the requirements of subsection (c)(2)(A)(i). lowed by this section (determined without re-
quarter. ‘‘(g) ELECTION TO NOT TAKE CERTAIN WAGES gard to subparagraph (A)), the tax imposed
‘‘(ii) DEFINITION.—The term ‘severely finan- INTO ACCOUNT.—This section shall not apply to under section 3111(b) or so much of the tax im-
cially distressed employer’ means an eligible em- so much of the qualified wages paid by an eligi- posed under section 3221(a) as is attributable to
ployer as defined in paragraph (2), determined ble employer as such employer elects (at such the rate in effect under section 3111(b) (which-
by substituting ‘less than 10 percent’ for ‘less time and in such manner as the Secretary may ever is applicable) for the calendar quarter shall
than 80 percent’ in subparagraph (A)(ii)(II) prescribe) to not take into account for purposes be increased by the amount of such excess.
thereof. of this section. ‘‘(k) TREATMENT OF DEPOSITS.—The Secretary
‘‘(D) EXCEPTION.—The term ‘qualified wages’ ‘‘(h) COORDINATION WITH CERTAIN PRO- shall waive any penalty under section 6656 for
GRAMS.— any failure to make a deposit of any applicable
shall not include any wages taken into account
‘‘(1) IN GENERAL.—This section shall not apply employment taxes if the Secretary determines
under sections 41, 45A, 45P, 45S, 51, 1396, 3131,
to so much of the qualified wages paid by an eli- that such failure was due to the reasonable an-
and 3132.
gible employer as are taken into account as pay- ticipation of the credit allowed under this sec-
‘‘(4) WAGES.—
‘‘(A) IN GENERAL.—The term ‘wages’ means roll costs in connection with— tion.
‘‘(A) a covered loan under section 7(a)(37) or ‘‘(l) EXTENSION OF LIMITATION ON ASSESS-
wages (as defined in section 3121(a)) and com-
7A of the Small Business Act, MENT.—Notwithstanding section 6501, the limi-
pensation (as defined in section 3231(e)). For
‘‘(B) a grant under section 324 of the Eco- tation on the time period for the assessment of
purposes of the preceding sentence, in the case
nomic Aid to Hard-Hit Small Businesses, Non- any amount attributable to a credit claimed
of any organization or entity described in sub-
Profits, and Venues Act, or under this section shall not expire before the
section (f)(2), wages as defined in section 3121(a) ‘‘(C) a restaurant revitalization grant under
shall be determined without regard to para- date that is 5 years after the later of—
section 5003 of the American Rescue Plan Act of ‘‘(1) the date on which the original return
graphs (5), (6), (7), (10), and (13) of section 2021. which includes the calendar quarter with re-
3121(b) (except with respect to services per- ‘‘(2) APPLICATION WHERE PPP LOANS NOT FOR- spect to which such credit is determined is filed,
formed in a penal institution by an inmate GIVEN.—The Secretary shall issue guidance pro- or
thereof). viding that payroll costs paid during the cov- ‘‘(2) the date on which such return is treated
‘‘(B) ALLOWANCE FOR CERTAIN HEALTH PLAN ered period shall not fail to be treated as quali- as filed under section 6501(b)(2).
EXPENSES.— fied wages under this section by reason of para- ‘‘(m) REGULATIONS AND GUIDANCE.—The Sec-
‘‘(i) IN GENERAL.—Such term shall include graph (1) to the extent that— retary shall issue such forms, instructions, regu-
amounts paid by the eligible employer to provide ‘‘(A) a covered loan of the taxpayer under sec- lations, and other guidance as are necessary—
and maintain a group health plan (as defined in tion 7(a)(37) of the Small Business Act is not ‘‘(1) to allow the advance payment of the
section 5000(b)(1)), but only to the extent that forgiven by reason of a decision under section credit under subsection (a) as provided in sub-
such amounts are excluded from the gross in- 7(a)(37)(J) of such Act, or section (j)(2), subject to the limitations provided
come of employees by reason of section 106(a). ‘‘(B) a covered loan of the taxpayer under sec- in this section, based on such information as the
‘‘(ii) ALLOCATION RULES.—For purposes of this tion 7A of the Small Business Act is not forgiven Secretary shall require,
section, amounts treated as wages under clause by reason of a decision under section 7A(g) of ‘‘(2) with respect to the application of the
(i) shall be treated as paid with respect to any such Act. credit under subsection (a) to third party payors
employee (and with respect to any period) to the Terms used in the preceding sentence which are (including professional employer organizations,
extent that such amounts are properly allocable also used in section 7A(g) or 7(a)(37)(J) of the certified professional employer organizations, or
to such employee (and to such period) in such Small Business Act shall, when applied in con- agents under section 3504), including regula-
manner as the Secretary may prescribe. Except nection with either such section, have the same tions or guidance allowing such payors to sub-
as otherwise provided by the Secretary, such al- meaning as when used in such section, respec- mit documentation necessary to substantiate the
location shall be treated as properly made if tively. eligible employer status of employers that use
made on the basis of being pro rata among peri- ‘‘(i) THIRD PARTY PAYORS.—Any credit al- such payors, and
ods of coverage. lowed under this section shall be treated as a ‘‘(3) to prevent the avoidance of the purposes
‘‘(5) RECOVERY STARTUP BUSINESS.—The term credit described in section 3511(d)(2). of the limitations under this section, including
‘recovery startup business’ means any em- ‘‘(j) ADVANCE PAYMENTS.— through the leaseback of employees.
ployer— ‘‘(1) IN GENERAL.—Except as provided in para- Any forms, instructions, regulations, or other
‘‘(A) which began carrying on any trade or graph (2), no advance payment of the credit guidance described in paragraph (2) shall re-
business after February 15, 2020, under subsection (a) shall be allowed. quire the customer to be responsible for the ac-
‘‘(B) for which the average annual gross re- ‘‘(2) ADVANCE PAYMENTS TO SMALL EMPLOY- counting of the credit and for any liability for
ceipts of such employer (as determined under ERS.— improperly claimed credits and shall require the
rules similar to the rules under section 448(c)(3)) ‘‘(A) IN GENERAL.—Under rules provided by certified professional employer organization or
for the 3-taxable-year period ending with the the Secretary, an eligible employer for which the other third party payor to accurately report
taxable year which precedes the calendar quar- average number of full-time employees (within such tax credits based on the information pro-
ter for which the credit is determined under sub- the meaning of section 4980H) employed by such vided by the customer.
section (a) does not exceed $1,000,000, and eligible employer during 2019 was not greater ‘‘(n) APPLICATION.—This section shall only
‘‘(C) which, with respect to such calendar than 500 may elect for any calendar quarter to apply to wages paid after June 30, 2021, and be-
quarter, is not described in subclause (I) or (II) receive an advance payment of the credit under fore January 1, 2022.’’.
of paragraph (2)(A)(ii). subsection (a) for such quarter in an amount (b) REFUNDS.—Paragraph (2) of section
‘‘(6) OTHER TERMS.—Any term used in this not to exceed 70 percent of the average quarterly 1324(b) of title 31, United States Code, is amend-
section which is also used in this chapter or wages paid by the employer in calendar year ed by inserting ‘‘3134,’’ before ‘‘6428’’.
chapter 22 shall have the same meaning as when 2019. (c) CLERICAL AMENDMENT.—The table of sec-
used in such chapter. ‘‘(B) SPECIAL RULE FOR SEASONAL EMPLOY- tions for subchapter D of chapter 21 of subtitle
‘‘(d) AGGREGATION RULE.—All persons treated ERS.—In the case of any employer who employs C of the Internal Revenue Code of 1986 is
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as a single employer under subsection (a) or (b) seasonal workers (as defined in section amended by adding at the end the following:
of section 52, or subsection (m) or (o) of section 45R(d)(5)(B)), the employer may elect to apply ‘‘Sec. 3134. Employee retention credit for em-
414, shall be treated as one employer for pur- subparagraph (A) by substituting ‘the wages for ployers subject to closure due to
poses of this section. the calendar quarter in 2019 which corresponds COVID–19.’’.
‘‘(e) CERTAIN RULES TO APPLY.—For purposes to the calendar quarter to which the election re- (d) EFFECTIVE DATE.—The amendments made
of this section, rules similar to the rules of sec- lates’ for ‘the average quarterly wages paid by by this section shall apply to calendar quarters
tions 51(i)(1) and 280C(a) shall apply. the employer in calendar year 2019’. beginning after June 30, 2021.
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March 10, 2021 CONGRESSIONAL RECORD — HOUSE H1243
PART 7—PREMIUM TAX CREDIT ‘‘(iii) TEMPORARY PERCENTAGES FOR 2021 AND ‘‘(II) the following table shall be applied in
SEC. 9661. IMPROVING AFFORDABILITY BY EX- 2022.—In the case of a taxable year beginning in lieu of the table contained in clause (i):
PANDING PREMIUM ASSISTANCE 2021 or 2022—
FOR CONSUMERS.
‘‘(I) clause (ii) shall not apply for purposes of
(a) IN GENERAL.—Section 36B(b)(3)(A) of the adjusting premium percentages under this sub-
Internal Revenue Code of 1986 is amended by
paragraph, and
adding at the end the following new clause:
‘‘In the case of household The initial The final
income (expressed as premium premium
a percent of poverty line) percentage percentage
within the following income tier: is— is—
Up to 150.0 percent ..................................................................................................................................................... 0.0 0.0
150.0 percent up to 200.0 percent ................................................................................................................................. 0.0 2.0
200.0 percent up to 250.0 percent ................................................................................................................................. 2.0 4.0
250.0 percent up to 300.0 percent ................................................................................................................................. 4.0 6.0
300.0 percent up to 400.0 percent ................................................................................................................................. 6.0 8.5
400.0 percent and higher ............................................................................................................................................. 8.5 8.5’’.
(b) CONFORMING AMENDMENT.—Section ‘‘(A) JOINT RETURN REQUIREMENT.—Para- gate), any amount excluded from income by rea-
36B(c)(1) of the Internal Revenue Code of 1986 is graph (1)(A) shall not affect the application of son of paragraph (1) shall be treated as tax ex-
amended by adding at the end the following subsection (c)(1)(C). empt income for purposes of sections 705 and
new subparagraph: ‘‘(B) HOUSEHOLD INCOME AND 1366 of the Internal Revenue Code of 1986, and
‘‘(E) TEMPORARY RULE FOR 2021 AND 2022.—In AFFORDABILLITY.—Paragraph (1)(B) shall not (B) the Secretary of the Treasury (or the Sec-
the case of a taxable year beginning in 2021 or apply to any determination of household income retary’s delegate) shall prescribe rules for deter-
2022, subparagraph (A) shall be applied without for purposes of paragraph (2)(C)(i)(II) or mining a partner’s distributive share of any
regard to ‘but does not exceed 400 percent’.’’. (4)(C)(ii) of subsection (c)’’. amount described in subparagraph (A) for pur-
(c) EFFECTIVE DATE.—The amendments made (b) EFFECTIVE DATE.—The amendments made poses of section 705 of the Internal Revenue
by this section shall apply to taxable years be- by this section shall apply to taxable years be- Code of 1986.
ginning after December 31, 2020. ginning after December 31, 2020. SEC. 9674. MODIFICATION OF EXCEPTIONS FOR
SEC. 9662. TEMPORARY MODIFICATION OF LIMI- PART 8—MISCELLANEOUS PROVISIONS REPORTING OF THIRD PARTY NET-
TATIONS ON RECONCILIATION OF WORK TRANSACTIONS.
SEC. 9671. REPEAL OF ELECTION TO ALLOCATE
TAX CREDITS FOR COVERAGE (a) IN GENERAL.—Section 6050W(e) of the In-
INTEREST, ETC. ON WORLDWIDE
UNDER A QUALIFIED HEALTH PLAN ternal Revenue Code of 1986 is amended to read
BASIS.
WITH ADVANCE PAYMENTS OF SUCH
CREDIT. (a) IN GENERAL.—Section 864 of the Internal as follows:
Revenue Code of 1986 is amended by striking ‘‘(e) DE MINIMIS EXCEPTION FOR THIRD PARTY
(a) IN GENERAL.—Section 36B(f)(2)(B) of the
subsection (f). SETTLEMENT ORGANIZATIONS.—A third party
Internal Revenue Code of 1986 is amended by
(b) EFFECTIVE DATE.—The amendment made settlement organization shall not be required to
adding at the end the following new clause:
‘‘(iii) TEMPORARY MODIFICATION OF LIMITA- by this section shall apply to taxable years be- report any information under subsection (a)
TION ON INCREASE.—In the case of any taxable ginning after December 31, 2020. with respect to third party network transactions
year beginning in 2020, for any taxpayer who SEC. 9672. TAX TREATMENT OF TARGETED EIDL of any participating payee if the amount which
files for such taxable year an income tax return ADVANCES. would otherwise be reported under subsection
reconciling any advance payment of the credit For purposes of the Internal Revenue Code of (a)(2) with respect to such transactions does not
under this section, the Secretary shall treat sub- 1986— exceed $600.’’.
(1) amounts received from the Administrator (b) CLARIFICATION THAT REPORTING IS NOT
paragraph (A) as not applying.’’.
(b) EFFECTIVE DATE.—The amendment made of the Small Business Administration in the REQUIRED ON TRANSACTIONS WHICH ARE NOT
form of a targeted EIDL advance under section FOR GOODS OR SERVICES.—Section 6050W(c)(3) of
by this section shall apply to taxable years be-
ginning after December 31, 2019. 331 of the Economic Aid to Hard-Hit Small Busi- such Code is amended by inserting ‘‘described in
nesses, Nonprofits, and Venues Act (title III of subsection (d)(3)(A)(iii)’’ after ‘‘any trans-
SEC. 9663. APPLICATION OF PREMIUM TAX CRED-
IT IN CASE OF INDIVIDUALS RECEIV- division N of Public Law 116–260) shall not be action’’.
ING UNEMPLOYMENT COMPENSA- included in the gross income of the person that (c) EFFECTIVE DATE.—
TION DURING 2021. receives such amounts, (1) IN GENERAL.—The amendment made by
(a) IN GENERAL.—Section 36B of the Internal (2) no deduction shall be denied, no tax at- subsection (a) shall apply to returns for cal-
Revenue Code of 1986 is amended by redesig- tribute shall be reduced, and no basis increase endar years beginning after December 31, 2021.
nating subsection (g) as subsection (h) and by shall be denied, by reason of the exclusion from (2) CLARIFICATION.—The amendment made by
inserting after subsection (f) the following new gross income provided by paragraph (1), and subsection (b) shall apply to transactions after
subsection: (3) in the case of a partnership or S corpora- the date of the enactment of this Act.
‘‘(g) SPECIAL RULE FOR INDIVIDUALS WHO RE- tion that receives such amounts— SEC. 9675. MODIFICATION OF TREATMENT OF
CEIVE UNEMPLOYMENT COMPENSATION DURING (A) any amount excluded from income by rea- STUDENT LOAN FORGIVENESS.
2021.— son of paragraph (1) shall be treated as tax ex- (a) IN GENERAL.—Section 108(f) of the Inter-
‘‘(1) IN GENERAL.—For purposes of this sec- empt income for purposes of sections 705 and nal Revenue Code of 1986 is amended by striking
tion, in the case of a taxpayer who has received, 1366 of the Internal Revenue Code of 1986, and paragraph (5) and inserting the following:
or has been approved to receive, unemployment (B) the Secretary of the Treasury (or the Sec- ‘‘(5) SPECIAL RULE FOR DISCHARGES IN 2021
compensation for any week beginning during retary’s delegate) shall prescribe rules for deter- THROUGH 2025.—Gross income does not include
2021, for the taxable year in which such week mining a partner’s distributive share of any any amount which (but for this subsection)
begins— amount described in subparagraph (A) for pur- would be includible in gross income by reason of
‘‘(A) such taxpayer shall be treated as an ap- poses of section 705 of the Internal Revenue the discharge (in whole or in part) after Decem-
plicable taxpayer, and Code of 1986. ber 31, 2020, and before January 1, 2026, of—
‘‘(B) there shall not be taken into account SEC. 9673. TAX TREATMENT OF RESTAURANT RE- ‘‘(A) any loan provided expressly for postsec-
any household income of the taxpayer in excess VITALIZATION GRANTS. ondary educational expenses, regardless of
of 133 percent of the poverty line for a family of For purposes of the Internal Revenue Code of whether provided through the educational insti-
the size involved. 1986— tution or directly to the borrower, if such loan
‘‘(2) UNEMPLOYMENT COMPENSATION.—For (1) amounts received from the Administrator was made, insured, or guaranteed by—
purposes of this subsection, the term ‘unemploy- of the Small Business Administration in the ‘‘(i) the United States, or an instrumentality
ment compensation’ has the meaning given such form of a restaurant revitalization grant under or agency thereof,
term in section 85(b). section 5003 shall not be included in the gross ‘‘(ii) a State, territory, or possession of the
‘‘(3) EVIDENCE OF UNEMPLOYMENT COMPENSA- income of the person that receives such United States, or the District of Columbia, or
TION.—For purposes of this subsection, a tax- amounts, any political subdivision thereof, or
payer shall not be treated as having received (or (2) no deduction shall be denied, no tax at- ‘‘(iii) an eligible educational institution (as
dlhill on DSK120RN23PROD with HOUSE
been approved to receive) unemployment com- tribute shall be reduced, and no basis increase defined in section 25A),
pensation for any week unless such taxpayer shall be denied, by reason of the exclusion from ‘‘(B) any private education loan (as defined
provides self-attestation of, and such docu- gross income provided by paragraph (1), and in section 140(a)(7) of the Truth in Lending
mentation as the Secretary shall prescribe which (3) in the case of a partnership or S corpora- Act),
demonstrates, such receipt or approval. tion that receives such amounts— ‘‘(C) any loan made by any educational orga-
‘‘(4) CLARIFICATION OF RULES REMAINING AP- (A) except as otherwise provided by the Sec- nization described in section 170(b)(1)(A)(ii) if
PLICABLE.— retary of the Treasury (or the Secretary’s dele- such loan is made—
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