House Report 117-8 — Providing for Consideration of the Bill (H.R. 1319), H. Res. 166 (February 26, 2021)
Summary
House Report 117–8, a report of the Committee on Rules to accompany House Resolution 166, dated February 26, 2021, in the 117th Congress, 1st Session. The Committee reports the resolution with the recommendation that it be adopted, by a record vote of 8 to 4. The resolution provides for consideration of the American Rescue Plan Act of 2021 under a closed rule, with one hour of debate. The report explains waivers and records votes on motions to amend the rule, which were defeated 4–8, and the printed amendment text includes $150,000,000 for the National Institute of Standards and Technology.
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Cite this document
“House Report 117-8 — Providing for Consideration of the Bill (H.R. 1319), H. Res. 166 (February 26, 2021).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crpt-crpt-117hrpt8-crpt-117hrpt8/
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117TH CONGRESS REPORT
" HOUSE OF REPRESENTATIVES !
1st Session 117–8
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1319)
TO PROVIDE FOR RECONCILIATION PURSUANT TO
TITLE II OF S. CON. RES. 5
FEBRUARY 26, 2021.—Referred to the House Calendar and ordered to be printed
Mr. MCGOVERN, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 166]
The Committee on Rules, having had under consideration House
Resolution 166 by a record vote of 8 to 4, report the same to the
House with the recommendation that the resolution be adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 1319, the Amer-
ican Rescue Plan Act of 2021, under a closed rule. The resolution
provides that immediately upon adoption of this resolution, the
House shall proceed to the consideration of H.R. 1319. Provides one
hour of debate equally divided among and controlled by the chair
and ranking minority member of the Committee on the Budget or
their respective designees and the chair and ranking minority
member of the Committee on Ways and Means or their respective
designees. The resolution waives all points of order against consid-
eration of the bill. The resolution provides that the amendment
printed in this report shall be considered as adopted and the bill,
as amended, shall be considered as read. The resolution waives all
points of order against provisions in the bill, as amended. The reso-
lution provides one motion to recommit.
EXPLANATION OF WAIVERS
The waiver of all points of order against consideration of the bill
includes waivers of the following:
• Clause 3(e) of rule XIII, which requires the inclusion of a
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comparative print for a bill or joint resolution proposing to re-
peal or amend a statute.
19–008
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• Clause 3(c)(6) of rule XIII, which prohibits consideration of
a reported bill unless the committee report designates a hear-
ing used to develop or consider the bill.
• Section 302(f)(1) of the Congressional Budget Act, which
prohibits consideration of legislation providing new budget au-
thority in excess of a 302(a) or 302(b) allocation of such author-
ity.
• Section 311(a) of the Congressional Budget Act, which pro-
hibits consideration of legislation that would cause the level of
total new budget authority for the first fiscal year to be exceed-
ed, or would cause revenues to be less than the level of total
revenues for the first fiscal year or for the total of that first
fiscal year and the ensuing fiscal years for which allocations
are provided, except when a declaration of war by the Congress
is in effect.
• Section 425 of the Congressional Budget Act, which pro-
hibits consideration of (1) any legislation referred by a com-
mittee until the committee publishes the CBO’s statement on
the direct costs of Federal mandates and (2) any legislation
that that would increase the direct costs of Federal intergov-
ernmental mandates beyond $50,000,000 (adjusted for infla-
tion) unless the legislation provides for new budget authority
or the legislation appropriates sufficient funds to cover the new
costs.
The waiver of all points of order against provisions in the bill,
as amended, includes waivers of the following:
• Clause 4 of rule XXI, which prohibits reporting a bill car-
rying an appropriation from a committee not having jurisdic-
tion to report an appropriation.
• Clause 5(a) of rule XXI, which prohibits a bill or joint reso-
lution carrying a tax or tariff measure from being reported by
a committee not having jurisdiction to report tax or tariff
measures.
COMMITTEE VOTES
The results of each record vote on an amendment or motion to
report, together with the names of those voting for and against, are
printed below:
Rules Committee record vote No. 17
Motion by Mr. Cole to provide for consideration of H. Res. 127
under a closed rule, and to make the necessary changes in the rule.
Defeated: 4–8
Majority Members Vote Minority Members Vote
Mr. Hastings ..................................................... ................... Mr. Cole ........................................................... Yea
Mrs. Torres ....................................................... Nay Mr. Burgess ..................................................... Yea
Mr. Perlmutter .................................................. Nay Mr. Reschenthaler ............................................ Yea
Mr. Raskin ........................................................ Nay Mrs. Fischbach ................................................ Yea
Ms. Scanlon ...................................................... Nay
Mr. Morelle ....................................................... Nay
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Mr. DeSaulnier .................................................. Nay
Ms. Ross ........................................................... Nay
Mr. McGovern, Chairman ................................. Nay
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Rules Committee record vote No. 18
Motion by Mr. Cole to report an open rule for H.R. 1319. De-
feated: 4–8
Majority Members Vote Minority Members Vote
Mr. Hastings ..................................................... ................... Mr. Cole ........................................................... Yea
Mrs. Torres ....................................................... Nay Mr. Burgess ..................................................... Yea
Mr. Perlmutter .................................................. Nay Mr. Reschenthaler ............................................ Yea
Mr. Raskin ........................................................ Nay Mrs. Fischbach ................................................ Yea
Ms. Scanlon ...................................................... Nay
Mr. Morelle ....................................................... Nay
Mr. DeSaulnier .................................................. Nay
Ms. Ross ........................................................... Nay
Mr. McGovern, Chairman ................................. Nay
Rules Committee record vote No. 19
Motion by Rep. Reschenthaler to amend the rule to increase gen-
eral debate time to two hours. Defeated: 4–8
Majority Members Vote Minority Members Vote
Mr. Hastings ..................................................... ................... Mr. Cole ........................................................... Yea
Mrs. Torres ....................................................... Nay Mr. Burgess ..................................................... Yea
Mr. Perlmutter .................................................. Nay Mr. Reschenthaler ............................................ Yea
Mr. Raskin ........................................................ Nay Mrs. Fischbach ................................................ Yea
Ms. Scanlon ...................................................... Nay
Mr. Morelle ....................................................... Nay
Mr. DeSaulnier .................................................. Nay
Ms. Ross ........................................................... Nay
Mr. McGovern, Chairman ................................. Nay
Rules Committee record vote No. 20
Motion by Mr. Cole to amend the rule to H.R. 1319 to make in
order amendment #20, offered by Rep. McMorris Rodgers (WA),
which sunsets funding in Subtitle D, Chapter 1, Funding for Pollu-
tion and Disparate Impacts of the COVID–19 Pandemic, at the end
of the COVID–19 public health emergency. Defeated: 4–8
Majority Members Vote Minority Members Vote
Mr. Hastings ..................................................... ................... Mr. Cole ........................................................... Yea
Mrs. Torres ....................................................... Nay Mr. Burgess ..................................................... Yea
Mr. Perlmutter .................................................. Nay Mr. Reschenthaler ............................................ Yea
Mr. Raskin ........................................................ Nay Mrs. Fischbach ................................................ Yea
Ms. Scanlon ...................................................... Nay
Mr. Morelle ....................................................... Nay
Mr. DeSaulnier .................................................. Nay
Ms. Ross ........................................................... Nay
Mr. McGovern, Chairman ................................. Nay
Rules Committee record vote No. 21
Motion by Rep. Fischbach to amend the rule to H.R. 1319 to
make in order amendment #24, offered by Rep. Stefanik (NY),
which adds $4.58 billion for dislocated worker employment and
training activities under the Workforce Innovation and Opportunity
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Act and requires 75 percent of the funding to be spent on skills de-
velopment and education. Reduces funding for the Higher Edu-
cation Emergency Relief Fund by $4.58 billion. Defeated: 4–8
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Majority Members Vote Minority Members Vote
Mr. Hastings ..................................................... ................... Mr. Cole ........................................................... Yea
Mrs. Torres ....................................................... Nay Mr. Burgess ..................................................... Yea
Mr. Perlmutter .................................................. Nay Mr. Reschenthaler ............................................ Yea
Mr. Raskin ........................................................ Nay Mrs. Fischbach ................................................ Yea
Ms. Scanlon ...................................................... Nay
Mr. Morelle ....................................................... Nay
Mr. DeSaulnier .................................................. Nay
Ms. Ross ........................................................... Nay
Mr. McGovern, Chairman ................................. Nay
Rules Committee record vote No. 22
Motion by Rep. Reschenthaler to amend the rule to H.R. 1319 to
make in order amendment #66, offered by Rep. Armstrong (ND),
which authorizes the Keystone XL pipeline (including border facili-
ties) and declares that a presidential permit is not required. De-
feated: 4–8
Majority Members Vote Minority Members Vote
Mr. Hastings ..................................................... ................... Mr. Cole ........................................................... Yea
Mrs. Torres ....................................................... Nay Mr. Burgess ..................................................... Yea
Mr. Perlmutter .................................................. Nay Mr. Reschenthaler ............................................ Yea
Mr. Raskin ........................................................ Nay Mrs. Fischbach ................................................ Yea
Ms. Scanlon ...................................................... Nay
Mr. Morelle ....................................................... Nay
Mr. DeSaulnier .................................................. Nay
Ms. Ross ........................................................... Nay
Mr. McGovern, Chairman ................................. Nay
Rules Committee record vote No. 23
Motion by Rep. Reschenthaler to amend the rule to H.R. 1319 to
make in order amendment #128, offered by Rep. Bost (IL), which
expands the number of slots in the COVID–19 Veteran Rapid Re-
training Assistance Program from 17,250 slots to 35,000 slots. De-
feated: 4–8
Majority Members Vote Minority Members Vote
Mr. Hastings ..................................................... ................... Mr. Cole ........................................................... Yea
Mrs. Torres ....................................................... Nay Mr. Burgess ..................................................... Yea
Mr. Perlmutter .................................................. Nay Mr. Reschenthaler ............................................ Yea
Mr. Raskin ........................................................ Nay Mrs. Fischbach ................................................ Yea
Ms. Scanlon ...................................................... Nay
Mr. Morelle ....................................................... Nay
Mr. DeSaulnier .................................................. Nay
Ms. Ross ........................................................... Nay
Mr. McGovern, Chairman ................................. Nay
Rules Committee record vote No. 24
Motion by Rep. Reschenthaler to amend the rule to H.R. 1319 to
make in order amendment #38, offered by Rep. Wagner (MO),
which allocates funding for businesses owned by women or vet-
erans. Defeated: 4–8
Majority Members Vote Minority Members Vote
Mr. Hastings ..................................................... ................... Mr. Cole ........................................................... Yea
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Mrs. Torres ....................................................... Nay Mr. Burgess ..................................................... Yea
Mr. Perlmutter .................................................. Nay Mr. Reschenthaler ............................................ Yea
Mr. Raskin ........................................................ Nay Mrs. Fischbach ................................................ Yea
Ms. Scanlon ...................................................... Nay
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Majority Members Vote Minority Members Vote
Mr. Morelle ....................................................... Nay
Mr. DeSaulnier .................................................. Nay
Ms. Ross ........................................................... Nay
Mr. McGovern, Chairman ................................. Nay
Rules Committee record vote No. 25
Motion by Rep. Fischbach to amend the rule to H.R. 1319 to
make in order amendment #42, offered by Rep. Hinson (IA), which
requires K–12 schools to have a reopening plan in place for in-per-
son teaching for the remainder of the school year in order to access
their full portion of the $129 billion from the Elementary and Sec-
ondary School Emergency Relief Fund in the underlying bill. De-
feated: 4–8
Majority Members Vote Minority Members Vote
Mr. Hastings ..................................................... ................... Mr. Cole ........................................................... Yea
Mrs. Torres ....................................................... Nay Mr. Burgess ..................................................... Yea
Mr. Perlmutter .................................................. Nay Mr. Reschenthaler ............................................ Yea
Mr. Raskin ........................................................ Nay Mrs. Fischbach ................................................ Yea
Ms. Scanlon ...................................................... Nay
Mr. Morelle ....................................................... Nay
Mr. DeSaulnier .................................................. Nay
Ms. Ross ........................................................... Nay
Mr. McGovern, Chairman ................................. Nay
Rules Committee record vote No. 26
Motion by Mr. Burgess to amend the rule to H.R. 1319 to make
in order and provide the appropriate waivers to amendment #101,
offered by Rep. Hudson (NC), which increases funding for vaccine
distribution and provides $1 billion in funding for teachers and
school personnel to receive the COVID–19 vaccine. Defeated: 4–8
Majority Members Vote Minority Members Vote
Mr. Hastings ..................................................... ................... Mr. Cole ........................................................... Yea
Mrs. Torres ....................................................... Nay Mr. Burgess ..................................................... Yea
Mr. Perlmutter .................................................. Nay Mr. Reschenthaler ............................................ Yea
Mr. Raskin ........................................................ Nay Mrs. Fischbach ................................................ Yea
Ms. Scanlon ...................................................... Nay
Mr. Morelle ....................................................... Nay
Mr. DeSaulnier .................................................. Nay
Ms. Ross ........................................................... Nay
Mr. McGovern, Chairman ................................. Nay
Rules Committee record vote No. 27
Motion by Mr. Burgess to amend the rule to H.R. 1319 to make
in order amendment #210, offered by Rep. Miller-Meeks (IA), which
allocates funding to carry out diagnostic standardized testing to
evaluate where American children are scholastically after a year of
COVID–19 and prevents school districts from being penalized for
conducting this testing by federal accountability requirements. De-
feated: 4–8
Majority Members Vote Minority Members Vote
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Mr. Hastings ..................................................... ................... Mr. Cole ........................................................... Yea
Mrs. Torres ....................................................... Nay Mr. Burgess ..................................................... Yea
Mr. Perlmutter .................................................. Nay Mr. Reschenthaler ............................................ Yea
Mr. Raskin ........................................................ Nay Mrs. Fischbach ................................................ Yea
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Majority Members Vote Minority Members Vote
Ms. Scanlon ...................................................... Nay
Mr. Morelle ....................................................... Nay
Mr. DeSaulnier .................................................. Nay
Ms. Ross ........................................................... Nay
Mr. McGovern, Chairman ................................. Nay
Rules Committee record vote No. 28
Motion by Rep. Fischbach to amend the rule to H.R. 1319 to
make in order amendment #25, offered by Rep. Stefanik (NY),
which reserves five percent of funds in the Child Care Stabilization
Fund to address childcare needs in rural communities. Defeated: 4–
8
Majority Members Vote Minority Members Vote
Mr. Hastings ..................................................... ................... Mr. Cole ........................................................... Yea
Mrs. Torres ....................................................... Nay Mr. Burgess ..................................................... Yea
Mr. Perlmutter .................................................. Nay Mr. Reschenthaler ............................................ Yea
Mr. Raskin ........................................................ Nay Mrs. Fischbach ................................................ Yea
Ms. Scanlon ...................................................... Nay
Mr. Morelle ....................................................... Nay
Mr. DeSaulnier .................................................. Nay
Ms. Ross ........................................................... Nay
Mr. McGovern, Chairman ................................. Nay
Rules Committee record vote No. 29
Motion by Mr. Cole to amend the rule to H.R. 1319 to make in
order amendment #53, offered by Rep. Lesko (AZ), which strikes
funding for Title X Family Planning and redirects towards Youth
Suicide Prevention grants. Defeated: 4–8
Majority Members Vote Minority Members Vote
Mr. Hastings ..................................................... ................... Mr. Cole ........................................................... Yea
Mrs. Torres ....................................................... Nay Mr. Burgess ..................................................... Yea
Mr. Perlmutter .................................................. Nay Mr. Reschenthaler ............................................ Yea
Mr. Raskin ........................................................ Nay Mrs. Fischbach ................................................ Yea
Ms. Scanlon ...................................................... Nay
Mr. Morelle ....................................................... Nay
Mr. DeSaulnier .................................................. Nay
Ms. Ross ........................................................... Nay
Mr. McGovern, Chairman ................................. Nay
Rules Committee record vote No. 30
Motion by Rep. Fischbach to amend the rule to H.R. 1319 to
make in order amendment #73, offered by Rep. Scott (GA), which
requires the definition used by the U.S. Department of Agri-
culture’s Farm Service Agency loan program for Socially Disadvan-
taged (SDA) Farmers and Ranchers to be included in the American
Rescue Plan Act. Defeated: 4–8
Majority Members Vote Minority Members Vote
Mr. Hastings ..................................................... ................... Mr. Cole ........................................................... Yea
Mrs. Torres ....................................................... Nay Mr. Burgess ..................................................... Yea
Mr. Perlmutter .................................................. Nay Mr. Reschenthaler ............................................ Yea
Mr. Raskin ........................................................ Nay Mrs. Fischbach ................................................ Yea
rfrederick on DSKBCBPHB2PROD with HEARINGS
Ms. Scanlon ...................................................... Nay
Mr. Morelle ....................................................... Nay
Mr. DeSaulnier .................................................. Nay
Ms. Ross ........................................................... Nay
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Majority Members Vote Minority Members Vote
Mr. McGovern, Chairman ................................. Nay
Rules Committee record vote No. 31
Motion by Rep. Reschenthaler to amend the rule to H.R. 1319 to
make in order amendment #108, offered by Rep. Bergman (MI),
which appropriates $50,000,000 toward expanded services at Vet
Centers (VA readjustment counseling centers) and $1 billion for the
implementation of veterans’ legislation that was signed into law
last fall, including two bills to prevent veteran suicide. Defeated:
4–8
Majority Members Vote Minority Members Vote
Mr. Hastings ..................................................... ................... Mr. Cole ........................................................... Yea
Mrs. Torres ....................................................... Nay Mr. Burgess ..................................................... Yea
Mr. Perlmutter .................................................. Nay Mr. Reschenthaler ............................................ Yea
Mr. Raskin ........................................................ Nay Mrs. Fischbach ................................................ Yea
Ms. Scanlon ...................................................... Nay
Mr. Morelle ....................................................... Nay
Mr. DeSaulnier .................................................. Nay
Ms. Ross ........................................................... Nay
Mr. McGovern, Chairman ................................. Nay
Rules Committee record vote No. 32
Motion by Mr. Cole to amend the rule to H.R. 1319 to make in
order amendment #109, offered by Rep. Miller (WV), which allo-
cates the Pandemic Emergency Assistance Funds in the underlying
bill to states proportionately based on the number of children in
poverty. Defeated: 4–8
Majority Members Vote Minority Members Vote
Mr. Hastings ..................................................... ................... Mr. Cole ........................................................... Yea
Mrs. Torres ....................................................... Nay Mr. Burgess ..................................................... Yea
Mr. Perlmutter .................................................. Nay Mr. Reschenthaler ............................................ Yea
Mr. Raskin ........................................................ Nay Mrs. Fischbach ................................................ Yea
Ms. Scanlon ...................................................... Nay
Mr. Morelle ....................................................... Nay
Mr. DeSaulnier .................................................. Nay
Ms. Ross ........................................................... Nay
Mr. McGovern, Chairman ................................. Nay
Rules Committee record vote No. 33
Motion by Mr. Burgess to amend the rule to H.R. 1319 to make
in order and provide the appropriate waivers to amendment #67,
offered by Rep. Burgess (TX), which incentivizes states to decrease
their Medicaid payment error rates. Defeated: 4–8
Majority Members Vote Minority Members Vote
Mr. Hastings ..................................................... ................... Mr. Cole ........................................................... Yea
Mrs. Torres ....................................................... Nay Mr. Burgess ..................................................... Yea
Mr. Perlmutter .................................................. Nay Mr. Reschenthaler ............................................ Yea
Mr. Raskin ........................................................ Nay Mrs. Fischbach ................................................ Yea
Ms. Scanlon ...................................................... Nay
Mr. Morelle ....................................................... Nay
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Mr. DeSaulnier .................................................. Nay
Ms. Ross ........................................................... Nay
Mr. McGovern, Chairman ................................. Nay
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Rules Committee record vote No. 34
Motion by Rep. Fischbach to amend the rule to H.R. 1319 to
make in order amendment #201, offered by Rep. Feenstra (IA),
which makes assistance available to agricultural producers who
suffered disaster losses in 2020, including losses due to high winds
and derechos. Defeated: 4–8
Majority Members Vote Minority Members Vote
Mr. Hastings ..................................................... ................... Mr. Cole ........................................................... Yea
Mrs. Torres ....................................................... Nay Mr. Burgess ..................................................... Yea
Mr. Perlmutter .................................................. Nay Mr. Reschenthaler ............................................ Yea
Mr. Raskin ........................................................ Nay Mrs. Fischbach ................................................ Yea
Ms. Scanlon ...................................................... Nay
Mr. Morelle ....................................................... Nay
Mr. DeSaulnier .................................................. Nay
Ms. Ross ........................................................... Nay
Mr. McGovern, Chairman ................................. Nay
Rules Committee record vote No. 35
Motion by Mr. Cole to amend the rule to H.R. 1319 to make in
order amendment #144, offered by Rep. Comer (KY), which ensures
that the funds provided by this legislation are directly related to
the ongoing COVID–19 national emergency. Defeated: 4–8
Majority Members Vote Minority Members Vote
Mr. Hastings ..................................................... ................... Mr. Cole ........................................................... Yea
Mrs. Torres ....................................................... Nay Mr. Burgess ..................................................... Yea
Mr. Perlmutter .................................................. Nay Mr. Reschenthaler ............................................ Yea
Mr. Raskin ........................................................ Nay Mrs. Fischbach ................................................ Yea
Ms. Scanlon ...................................................... Nay
Mr. Morelle ....................................................... Nay
Mr. DeSaulnier .................................................. Nay
Ms. Ross ........................................................... Nay
Mr. McGovern, Chairman ................................. Nay
Rules Committee record vote No. 36
Motion by Mr. Burgess to amend the rule to H.R. 1319 to make
in order and provide the appropriate waivers to amendment #134,
offered by Rep. Wenstrup (OH), which adds liability protections for
front-line health care workers in long term care facilities. Defeated:
4–8
Majority Members Vote Minority Members Vote
Mr. Hastings ..................................................... ................... Mr. Cole ........................................................... Yea
Mrs. Torres ....................................................... Nay Mr. Burgess ..................................................... Yea
Mr. Perlmutter .................................................. Nay Mr. Reschenthaler ............................................ Yea
Mr. Raskin ........................................................ Nay Mrs. Fischbach ................................................ Yea
Ms. Scanlon ...................................................... Nay
Mr. Morelle ....................................................... Nay
Mr. DeSaulnier .................................................. Nay
Ms. Ross ........................................................... Nay
Mr. McGovern, Chairman ................................. Nay
Rules Committee record vote No. 37
Motion by Mr. Burgess to amend the rule to H.R. 1319 to make
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in order amendment #202, offered by Rep. Bucshon (IN), which
adds good Samaritan liability protections for medical volunteers in
all public health emergencies. Defeated: 4–8
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Majority Members Vote Minority Members Vote
Mr. Hastings ..................................................... ................... Mr. Cole ........................................................... Yea
Mrs. Torres ....................................................... Nay Mr. Burgess ..................................................... Yea
Mr. Perlmutter .................................................. Nay Mr. Reschenthaler ............................................ Yea
Mr. Raskin ........................................................ Nay Mrs. Fischbach ................................................ Yea
Ms. Scanlon ...................................................... Nay
Mr. Morelle ....................................................... Nay
Mr. DeSaulnier .................................................. Nay
Ms. Ross ........................................................... Nay
Mr. McGovern, Chairman ................................. Nay
Rules Committee record vote No. 38
Motion by Mr. Burgess to amend the rule to H.R. 1319 to make
in order amendment #62, offered by Rep. Burgess (TX), which di-
rects FDA to utilize Real World Evidence gathered during the
COVID–19 Public Health Emergency to support approvals. De-
feated: 4–8
Majority Members Vote Minority Members Vote
Mr. Hastings ..................................................... ................... Mr. Cole ........................................................... Yea
Mrs. Torres ....................................................... Nay Mr. Burgess ..................................................... Yea
Mr. Perlmutter .................................................. Nay Mr. Reschenthaler ............................................ Yea
Mr. Raskin ........................................................ Nay Mrs. Fischbach ................................................ Yea
Ms. Scanlon ...................................................... Nay
Mr. Morelle ....................................................... Nay
Mr. DeSaulnier .................................................. Nay
Ms. Ross ........................................................... Nay
Mr. McGovern, Chairman ................................. Nay
Rules Committee record vote No. 39
Motion by Rep. Reschenthaler to amend the rule to H.R. 1319 to
make in order amendment #6, offered by Rep. McCaul (TX), which
prohibits the use of funds appropriated by this Act for voluntary
contributions to the World Health Organization until reforms have
been made to the International Health Regulations. Defeated: 4–8
Majority Members Vote Minority Members Vote
Mr. Hastings ..................................................... ................... Mr. Cole ........................................................... Yea
Mrs. Torres ....................................................... Nay Mr. Burgess ..................................................... Yea
Mr. Perlmutter .................................................. Nay Mr. Reschenthaler ............................................ Yea
Mr. Raskin ........................................................ Nay Mrs. Fischbach ................................................ Yea
Ms. Scanlon ...................................................... Nay
Mr. Morelle ....................................................... Nay
Mr. DeSaulnier .................................................. Nay
Ms. Ross ........................................................... Nay
Mr. McGovern, Chairman ................................. Nay
Rules Committee record vote No. 40
Motion by Mr. Burgess to amend the rule to H.R. 1319 to make
in order and provide the appropriate waivers to amendment #21,
offered by Rep. Burgess (TX), which provides that no funds made
available for LIHEAP can be used to pay for home energy that is
produced using critical minerals that were mined using forced labor
in foreign countries, including China. Defeated: 4–8
Majority Members Vote Minority Members Vote
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Mr. Hastings ..................................................... ................... Mr. Cole ........................................................... Yea
Mrs. Torres ....................................................... Nay Mr. Burgess ..................................................... Yea
Mr. Perlmutter .................................................. Nay Mr. Reschenthaler ............................................ Yea
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10
Majority Members Vote Minority Members Vote
Mr. Raskin ........................................................ Nay Mrs. Fischbach ................................................ Yea
Ms. Scanlon ...................................................... Nay
Mr. Morelle ....................................................... Nay
Mr. DeSaulnier .................................................. Nay
Ms. Ross ........................................................... Nay
Mr. McGovern, Chairman ................................. Nay
Rules Committee record vote No. 41
Motion by Rep. Fischbach to amend the rule to H.R. 1319 to
make in order amendment #22, offered by Rep. Stefanik (NY),
which prohibits institutions of higher education from receiving
funds from the Higher Education Emergency Relief Fund if they
have a partnership in effect with any entity owned or controlled by
the government of the People’s Republic of China or organized
under the laws of the People’s Republic of China. Defeated: 4–8
Majority Members Vote Minority Members Vote
Mr. Hastings ..................................................... ................... Mr. Cole ........................................................... Yea
Mrs. Torres ....................................................... Nay Mr. Burgess ..................................................... Yea
Mr. Perlmutter .................................................. Nay Mr. Reschenthaler ............................................ Yea
Mr. Raskin ........................................................ Nay Mrs. Fischbach ................................................ Yea
Ms. Scanlon ...................................................... Nay
Mr. Morelle ....................................................... Nay
Mr. DeSaulnier .................................................. Nay
Ms. Ross ........................................................... Nay
Mr. McGovern, Chairman ................................. Nay
Rules Committee record vote No. 42
Motion by Mr. Cole to amend the rule to H.R. 1319 to make in
order amendment #30, offered by Rep. Williams (TX), which pro-
hibits Planned Parenthood, or any of their entities and affiliates,
from eligibility or use of funds from the Paycheck Protection Pro-
gram. Defeated: 4–8
Majority Members Vote Minority Members Vote
Mr. Hastings ..................................................... ................... Mr. Cole ........................................................... Yea
Mrs. Torres ....................................................... Nay Mr. Burgess ..................................................... Yea
Mr. Perlmutter .................................................. Nay Mr. Reschenthaler ............................................ Yea
Mr. Raskin ........................................................ Nay Mrs. Fischbach ................................................ Yea
Ms. Scanlon ...................................................... Nay
Mr. Morelle ....................................................... Nay
Mr. DeSaulnier .................................................. Nay
Ms. Ross ........................................................... Nay
Mr. McGovern, Chairman ................................. Nay
Rules Committee record vote No. 43
Motion by Rep. Reschenthaler to amend the rule to H.R. 1319 to
make in order amendment #199, offered by Rep. Gottheimer (NJ),
which denies individuals currently incarcerated for a felony with a
prison sentence longer than one year the $1,400 COVID relief stim-
ulus checks unless they designate those checks to go to another
person for the purposes of paying child support. Defeated: 4–8
Majority Members Vote Minority Members Vote
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Mr. Hastings ..................................................... ................... Mr. Cole ........................................................... Yea
Mrs. Torres ....................................................... Nay Mr. Burgess ..................................................... Yea
Mr. Perlmutter .................................................. Nay Mr. Reschenthaler ............................................ Yea
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11
Majority Members Vote Minority Members Vote
Mr. Raskin ........................................................ Nay Mrs. Fischbach ................................................ Yea
Ms. Scanlon ...................................................... Nay
Mr. Morelle ....................................................... Nay
Mr. DeSaulnier .................................................. Nay
Ms. Ross ........................................................... Nay
Mr. McGovern, Chairman ................................. Nay
Rules Committee record vote No. 44
Motion by Mr. Cole to amend the rule to H.R. 1319 to make in
order amendment #167, offered by Rep. McMorris Rodgers (WA),
which prevents taxpayer dollars under the new COBRA credit and
current law premium assistance tax credits from being used to sub-
sidize health insurance plans that cover elective abortion, and also
prohibits the use of taxpayer dollars authorized for public health
grants and the delivery of health services that are not directly re-
lated to preventing and treating COVID–19, to be used for elective
abortions. Defeated: 4–8
Majority Members Vote Minority Members Vote
Mr. Hastings ..................................................... ................... Mr. Cole ........................................................... Yea
Mrs. Torres ....................................................... Nay Mr. Burgess ..................................................... Yea
Mr. Perlmutter .................................................. Nay Mr. Reschenthaler ............................................ Yea
Mr. Raskin ........................................................ Nay Mrs. Fischbach ................................................ Yea
Ms. Scanlon ...................................................... Nay
Mr. Morelle ....................................................... Nay
Mr. DeSaulnier .................................................. Nay
Ms. Ross ........................................................... Nay
Mr. McGovern, Chairman ................................. Nay
Rules Committee record vote No. 45
Motion by Mrs. Torres to report the rule. Adopted: 8–4
Majority Members Vote Minority Members Vote
Mr. Hastings ..................................................... ................... Mr. Cole ........................................................... Nay
Mrs. Torres ....................................................... Yea Mr. Burgess ..................................................... Nay
Mr. Perlmutter .................................................. Yea Mr. Reschenthaler ............................................ Nay
Mr. Raskin ........................................................ Yea Mrs. Fischbach ................................................ Nay
Ms. Scanlon ...................................................... Yea
Mr. Morelle ....................................................... Yea
Mr. DeSaulnier .................................................. Yea
Ms. Ross ........................................................... Yea
Mr. McGovern, Chairman ................................. Yea
SUMMARY OF THE AMENDMENT TO H.R. 1319 CONSIDERED AS ADOPTED
1. Yarmuth (KY): Adds three new titles (titles X, XI, and XII) to
the bill pursuant to the reconciliation instructions contained in the
Concurrent Resolution on the Budget for Fiscal Year 2021 for the
Committees on Foreign Affairs, Natural Resources, and Science,
Space, and Technology to (i) provide funding to support inter-
national efforts to help control and contain COVID–19 and emerg-
ing variants to prevent further spread across borders, (ii) provide
funding for tribal governments to combat COVID–19 and its direct
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impacts in tribal communities, and (iii) provide funding to support
additional research that can improve pandemic-relevant knowledge
and understanding and strengthen the nation’s response to
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12
COVID–19; makes technical, conforming, and other changes in ti-
tles I through IX of the bill.
TEXT OF AMENDMENT TO H.R. 1319 CONSIDERED AS ADOPTED
Page 3, strike the item related to section 1001 and insert the fol-
lowing:
Sec. 1001. Food supply chain and agriculture pandemic response.
Page 3, strike the item related to section 1002 and insert the fol-
lowing:
Sec. 1002. Emergency rural development grants for rural health care.
Page 3, strike the item related to section 1006 and insert the fol-
lowing:
Sec. 1006. USDA assistance and support for socially disadvantaged farmers, ranch-
ers, forest land owners and operators, and groups.
Page 3, strike the item related to section 1007 and insert the fol-
lowing:
Sec. 1007. Use of the Commodity Credit Corporation for commodities and associ-
ated expenses.
Page 3, strike the items relating to sections 1011, 1012, 1013,
and 1014 and insert the following:
1101. Supplemental nutrition assistance program.
1102. Additional assistance for SNAP online purchasing and technology improve-
ments.
1103. Additional funding for nutrition assistance programs.
1104. Commodity supplemental food program.
Page 11, beginning on line 4, strike ‘‘SUPPLY CHAIN AND
AGRICULTURE PANDEMIC RESPONSE’’ and insert ‘‘SUP-
PLY CHAIN AND AGRICULTURE PANDEMIC RESPONSE’’.
Page 11, line 17, strike ‘‘seafood,’’.
Page 11, beginning on line 24, strike ‘‘seafood processing facilities
and processing vessels,’’.
Page 12, line 3, add ‘‘and’’ at the end.
Page 12, line 6, strike ‘‘; and’’ and insert a period.
Page 12, strike lines 7 through 17.
Page 12, line 23, strike ‘‘INTERGOVERNMENTAL COOPERATION’’ and
insert ‘‘GUIDANCE’’.
Page 13, line 16, strike ‘‘any other provision of law’’ and insert
the following: ‘‘section 10703 of the Farm Security and Rural In-
vestment Act of 2002 (7 U.S.C. 2219a), the Act of June 5, 1948 (21
U.S.C. 695), section 25 of the Poultry Products Inspection Act (21
U.S.C. 468), and section 24 of the Egg Products Inspection Act (21
U.S.C. 1053), and any regulations promulgated by the Department
of Agriculture implementing such provisions of law’’.
Page 14, line 7, strike ‘‘GRANTS’’ and insert ‘‘RURAL DEVEL-
OPMENT GRANTS’’.
Page 14, line 12, insert ‘‘for rural development’’ after ‘‘program’’.
Page 14, line 16, insert ‘‘rural development’’ after ‘‘based on’’.
Page 14, line 20, strike ‘‘on’’ and insert ‘‘of’’.
Page 15, beginning on line 4, strike ‘‘construction work’’ and in-
sert ‘‘any construction work completed with grant funds’’.
Page 15, line 9, strike ‘‘drugs or’’.
Page 15, beginning on line 11, strike ‘‘COVID–19-related ex-
penses and lost revenue to maintain capacity, including expenses
and’’ and insert ‘‘revenue lost during the COVID–19 pandemic, in-
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cluding’’.
Page 15, line 22, insert ‘‘to support rural development’’ after ‘‘ef-
forts’’.
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13
Page 16, line 21, strike ‘‘are appropriated’’ and insert ‘‘is appro-
priated to the Office of the Inspector General of the Department of
Agriculture’’.
Page 16, line 24, strike ‘‘to carry out’’ and insert ‘‘for’’.
Page 16, line 25, strike ‘‘authorized under’’ and all that follows
through ‘‘(5 U.S.C. App.)’’ on page 17, line 1.
Page 17, line 7, strike ‘‘For the purposes of’’ and all that follows
through ‘‘in addition to’’ on line 15, and insert ‘‘In addition to’’.
Page 17, beginning on line 22, strike ‘‘Using a simplified process
to be determined by the Secretary, the’’ and insert ‘‘The’’.
Page 18, strike lines 11 through 16.
Page 19, line 8, insert ‘‘USDA’’ before ‘‘ASSISTANCE’’.
Page 19, line 23, strike ‘‘to socially disadvantaged’’ and insert the
following: ‘‘on issues concerning food, agriculture, agricultural cred-
it, agricultural extension, rural development, or nutrition to so-
cially disadvantaged farmers, ranchers, or forest landowners, or
other members of socially disadvantaged’’.
Page 20, line 9, insert ‘‘that will address racial equity issues
within the Department of Agriculture and its programs’’ after ‘‘com-
missions’’.
Page 20, line 12, insert ‘‘farmers, ranchers, or forest landowners
or other members of socially disadvantaged’’ after ‘‘socially dis-
advantaged’’.
Page 20, line 13, insert ‘‘agricultural’’ after ‘‘supplement’’.
Page 21, line 21, strike ‘‘bias,’’ and insert ‘‘bias in Department of
Agriculture programs,’’.
Page 21, line 23, strike ‘‘to provide’’ and all that follows through
‘‘credit.’’ on page 22, line 2, and insert ‘‘that focus on land acquisi-
tion, financial planning, and credit by providing technical and fi-
nancial assistance related to agricultural production or timber pro-
duction on nonindustrial private forest land to socially disadvan-
taged farmers, ranchers, or forest landowners, or other members of
socially disadvantaged groups.’’.
Page 22, strike lines 20 and 21 and insert the following: ‘‘SEC.
1007. USE OF THE COMMODITY CREDIT CORPORATION
FOR COMMODITIES AND ASSOCIATED EXPENSES.’’.
Page 23, beginning on line 1, strike ‘‘for expenses, not otherwise
recoverable’’ and all that follows through ‘‘said Act’’ on line 5, and
insert ‘‘to use the Commodity Credit Corporation to acquire and
make available commodities under section 406(b) of the Food for
Peace Act (7 U.S.C. 1736(b)) and for expenses under such section’’.
Page 23, line 7, strike ‘‘1011’’ and insert ‘‘1101’’.
Page 25, line 3, strike ‘‘1012’’ and insert ‘‘1102’’.
Page 26, line 7, strike ‘‘1013’’ and insert ‘‘1103’’.
Page 27, line 1, strike ‘‘1014’’ and insert ‘‘1104’’.
Page 27, beginning on line 13, strike section 2001 and insert the
following:
SEC. 2001. ELEMENTARY AND SECONDARY SCHOOL EMERGENCY RE-
LIEF FUND.
(a) IN GENERAL.—In addition to amounts otherwise available
through the Education Stabilization Fund, there is appropriated to
the Department of Education for fiscal year 2021, out of any money
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in the Treasury not otherwise appropriated, $128,554,800,000, to
remain available through September 30, 2023, to carry out this sec-
tion.
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14
(b) GRANTS.—From funds provided under subsection (a), the Sec-
retary shall make grants to each State educational agency in ac-
cordance with this section.
(c) ALLOCATIONS TO STATES.—The amount of each grant under
subsection (b) shall be allocated by the Secretary to each State in
the same proportion as each State received under part A of title I
of the Elementary and Secondary Education Act of 1965 in the
most recent fiscal year.
(d) SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.—Each State
shall allocate not less than 90 percent of the grant funds awarded
to the State under this section as subgrants to local educational
agencies (including charter schools that are local educational agen-
cies) in the State in proportion to the amount of funds such local
educational agencies and charter schools that are local educational
agencies received under part A of title I of the Elementary and Sec-
ondary Education Act of 1965 in the most recent fiscal year.
(e) USES OF FUNDS.—A local educational agency that receives
funds under this section—
(1) shall reserve not less than 20 percent of such funds to ad-
dress learning loss through the implementation of evidence-
based interventions, such as summer learning, extended day,
comprehensive afterschool programs, or extended school year
programs, and ensure that such interventions respond to stu-
dents’ academic, social, and emotional needs and address the
disproportionate impact of the coronavirus on the student sub-
groups described in section 1111(b)(2)(xi) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(xi)),
students experiencing homelessness, and children and youth in
foster care; and
(2) shall use the remaining funds for any of the following:
(A) Any activity authorized by the Elementary and Sec-
ondary Education Act of 1965.
(B) Any activity authorized by the Individuals with Dis-
abilities Education Act.
(C) Any activity authorized by the Adult Education and
Family Literacy Act.
(D) Any activity authorized by the Carl D. Perkins Ca-
reer and Technical Education Act of 2006.
(E) Coordination of preparedness and response efforts of
local educational agencies with State, local, Tribal, and
territorial public health departments, and other relevant
agencies, to improve coordinated responses among such en-
tities to prevent, prepare for, and respond to coronavirus.
(F) Providing principals and others school leaders with
the resources necessary to address the needs of their indi-
vidual schools.
(G) Activities to address the unique needs of low-income
children or students, children with disabilities, English
learners, racial and ethnic minorities, students experi-
encing homelessness, and foster care youth, including how
outreach and service delivery will meet the needs of each
population.
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(H) Developing and implementing procedures and sys-
tems to improve the preparedness and response efforts of
local educational agencies.
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15
(I) Training and professional development for staff of the
local educational agency on sanitation and minimizing the
spread of infectious diseases.
(J) Purchasing supplies to sanitize and clean the facili-
ties of a local educational agency, including buildings oper-
ated by such agency.
(K) Planning for, coordinating, and implementing activi-
ties during long-term closures, including providing meals
to eligible students, providing technology for online learn-
ing to all students, providing guidance for carrying out re-
quirements under the IDEA and ensuring other edu-
cational services can continue to be provided consistent
with all Federal, State, and local requirements.
(L) Purchasing educational technology (including hard-
ware, software, and connectivity) for students who are
served by the local educational agency that aids in regular
and substantive educational interaction between students
and their classroom instructors, including low-income stu-
dents and children with disabilities, which may include as-
sistive technology or adaptive equipment.
(M) Providing mental health services and supports.
(N) Planning and implementing activities related to
summer learning and supplemental afterschool programs,
including providing classroom instruction or online learn-
ing during the summer months and addressing the needs
of low-income students, children with disabilities, English
learners, migrant students, students experiencing home-
lessness, and children in foster care.
(O) Addressing learning loss among students, including
low-income students, children with disabilities, English
learners, racial and ethnic minorities, students experi-
encing homelessness, and children and youth in foster
care, of the local educational agency, including by—
(i) administering and using high-quality assess-
ments that are valid and reliable, to accurately assess
students’ academic progress and assist educators in
meeting students’ academic needs, including through
differentiating instruction;
(ii) implementing evidence-based activities to meet
the comprehensive needs of students;
(iii) providing information and assistance to parents
and families on how they can effectively support stu-
dents, including in a distance learning environment;
and
(iv) tracking student attendance and improving stu-
dent engagement in distance education.
(P) School facility repairs and improvements to enable
operation of schools to reduce risk of virus transmission
and exposure to environmental health hazards, and to sup-
port student health needs.
(Q) Inspection, testing, maintenance, repair, replace-
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ment, and upgrade projects to improve the indoor air qual-
ity in school facilities, including mechanical and non-me-
chanical heating, ventilation, and air conditioning systems,
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16
filtering, purification and other air cleaning, fans, control
systems, and window and door repair and replacement.
(R) Developing strategies and implementing public
health protocols including, to the greatest extent prac-
ticable, policies in line with guidance from the Centers for
Disease Control and Prevention for the reopening and op-
eration of school facilities to effectively maintain the
health and safety of students, educators, and other staff.
(S) Other activities that are necessary to maintain the
operation of and continuity of services in local educational
agencies and continuing to employ existing staff of the
local educational agency.
(f) STATE FUNDING.—With funds not otherwise allocated under
subsection (d), a State—
(1) shall reserve not less than 5 percent of the total amount
of grant funds awarded to the State under this section to carry
out, directly or through grants or contracts, activities to ad-
dress learning loss by supporting the implementation of evi-
dence-based interventions, such as summer learning, extended
day, comprehensive afterschool programs, or extended school
year programs, and ensure that such interventions respond to
students’ academic, social, and emotional needs and address
the disproportionate impact of the coronavirus on the student
subgroups described in section 1111(b)(2)(xi) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(xi)),
students experiencing homelessness, and children and youth in
foster care, including by providing additional support to local
educational agencies to fully address such impacts; and
(2) may reserve not more than one-half of 1 percent of the
total amount of grant funds awarded to the State under this
section for administrative costs and the remainder for emer-
gency needs as determined by the state educational agency to
address issues responding to coronavirus, which may be ad-
dressed through the use of grants or contracts.
(g) EQUITABLE SERVICES.—
(1) IN GENERAL.—In carrying out subsection (e)(1), a local
educational agency shall provide equitable services in the same
manner as provided under section 1117 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6320) to students
and teachers in non-public schools, as determined in consulta-
tion with representatives of non-public schools, except that the
standards for a bypass (if needed because a local educational
agency is prohibited by law from providing equitable services
or has substantially failed or is unwilling to provide equitable
services) shall be solely determined by the Secretary.
(2) PUBLIC CONTROL OF FUNDS.—Control of funds provided
under subsection (e)(1), and title to materials, equipment, and
property purchased with such funds, shall be in a public agen-
cy, and a public agency shall administer such funds, materials,
equipment, and property and shall provide such services (or
may contract for the provision of such services with a public
or private entity).
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(h) REPORT.—A State receiving funds under this section shall
submit a report to the Secretary, not later than 6 months after re-
ceiving funding provided in this section, and every 6 months there-
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17
after until such funds are obligated, that provides a detailed ac-
counting of the use of funds provided under this section, including
by identifying the specific amounts used to carry out subsections
(e)(1) and (f)(1) and a description of the specific activities carried
out under such subsections.
(i) REALLOCATION.—A State shall return to the Secretary any
funds received under this section that the State does not award
within 1 year of receiving such funds and the Secretary shall re-
allocate such funds to the remaining States in accordance with sub-
section (c).
(j) ESEA TERMS.—The terms ‘‘child’’, ‘‘children with disabilities’’,
‘‘distance education’’, ‘‘elementary school’’, ‘‘English learner’’, ‘‘evi-
dence-based’’, ‘‘extended learning time’’, ‘‘secondary school’’, ‘‘local
educational agency’’, ‘‘parent’’, ‘‘school leader’’, ‘‘Secretary’’, ‘‘State’’,
‘‘state educational agency’’, and ‘‘technology’’ have the meanings
given those terms in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
Page 29, beginning on line 23, strike section 2002 and insert the
following:
SEC. 2002. HIGHER EDUCATION EMERGENCY RELIEF FUND.
In addition to amounts otherwise available, there is appropriated
to the Department of Education for fiscal year 2021, out of any
money in the Treasury not otherwise appropriated,
$39,584,570,000, to remain available through September 30, 2023,
for making allocations to institutions of higher education in accord-
ance with the same terms and conditions of section 314 of
Coronavirus Response and Relief Supplemental Appropriations Act,
2021 (division M of Public Law 116–260), except that—
(1) subsection (a)(1) of such section 314 shall be applied by
substituting ‘‘91 percent’’ for ‘‘89 percent’’;
(2) subsection (a)(2) of such section 314 shall be applied—
(A) in the matter preceding subparagraph (A), by sub-
stituting ‘‘under the heading ‘Higher Education’ in the De-
partment of Education Appropriations Act, 2020’’ for ‘‘in
the Further Consolidated Appropriations Act, 2020 (Public
Law 116–94)’’; and
(B) in subparagraph (B), by substituting ‘‘under the
heading ‘Higher Education’ in the Department of Edu-
cation Appropriations Act, 2020’’ for ‘‘in the Further Con-
solidated Appropriations Act, 2020 (Public Law 116–94)’’;
(3) an institution that receives an allocation apportioned in
accordance with clause (iii) of subsection (a)(2)(A) of such sec-
tion 314 that has a total endowment size of less than
$1,000,000 (including an institution that does not have an en-
dowment) shall be treated by the Secretary as having a total
endowment size of $1,000,000 for the purposes of such clause
(iii);
(4) subsection (a)(4) of such section 314 shall be applied by
substituting ‘‘1 percent’’ for ‘‘3 percent’’;
(5) except as provided in paragraphs (7) and (9) of subsection
(d) of such section 314, an institution shall use a portion of
funds received under this section to—
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(A) implement evidence-based practices to monitor and
suppress coronavirus in accordance with public health
guidelines; and
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18
(B) conduct direct outreach to financial aid applicants
about the opportunity to receive a financial aid adjustment
due to the recent unemployment of a family member or
independent student, or other circumstances, described in
section 479A of the Higher Education Act of 1965 (20
U.S.C. 1087tt);
(6) the following shall not apply to funds provided or received
in accordance with this section—
(A) subsection (b) of such section 314;
(B) paragraph (2) of subsection (c) of such section 314;
(C) paragraphs (1), (2), (4), (5), (6), and (8) of subsection
(d) of such section 314;
(D) subsections (e) and (f) of such section 314; and
(E) section 316 of the Coronavirus Response and Relief
Supplemental Appropriations Act, 2021 (division M of Pub-
lic Law 116–260); and
(7) an institution that receives an allocation under this sec-
tion apportioned in accordance with subparagraphs (A) through
(D) of subsection (a)(1) of such section 314 shall use not less
than 50 percent of such allocation to provide emergency finan-
cial aid grants to students in accordance with subsection (c)(3)
of such section 314.
Page 34, line 9, after ‘‘Commerce’’ insert ‘‘(or, for local edu-
cational agencies for which no such data is available, such other
data as the Secretary of Education determines is satisfactory)’’.
Page 35, line 25, after ‘‘Commerce’’ insert ‘‘(or, for local edu-
cational agencies for which no such data is available, such other
data as the Secretary of Education determines is satisfactory)’’.
Page 36, beginning on line 4, strike ‘‘, as determined’’ and all
that follows through ‘‘6313)’’ and insert ‘‘(as determined by any
measure of poverty, as determined by the Secretary of Education),’’.
Page 37, line 15, strike ‘‘Education’’ and insert ‘‘Interior’’.
Page 37, line 18, strike ‘‘ the Secretary of Education to allocate
to’’.
Page 38, beginning on line 11, strike ‘‘under titles I and II of the
Education of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.)’’.
Page 39, beginning on line 3, strike ‘‘, domestically or inter-
nationally, including’’ and all that follows through the period on
line 7, and insert ‘‘including direct outreach to students and bor-
rowers about financial aid, economic impact payments, means-test-
ed benefits, unemployment assistance, and tax benefits, for which
the students and borrowers may be eligible.’’
Page 39, beginning on line 14, strike ‘‘domestically or inter-
nationally,’’.
Page 40, beginning on line 4, strike ‘‘ under titles I and II of the
Education of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.)’’.
Page 40, beginning on line 6, strike ‘‘domestically or internation-
ally,’’.
Page 40, beginning on line 20, strike ‘‘established’’ and all that
follows through ‘‘disseminate’’ on page 41, line 1, and insert ‘‘to
carry out research related to addressing learning loss caused by the
coronavirus among the student subgroups described in section
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1111(b)(2)(xi) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6311(b)(2)(xi)) and students experiencing homeless-
ness and children and youth in foster care, and to disseminate’’.
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19
Page 41, line 11, strike ‘‘domestically or internationally,’’.
Page 41, beginning on line 20, strike ‘‘as authorized by section
211 of the Department of Education Organization Act (20 U.S.C.
3422), to prevent, prepare for, and respond to coronavirus, domesti-
cally or internationally, including’’.
Page 42, line 2, strike ‘‘to respond to coronavirus’’ and insert
‘‘carried out by the Office of Inspector General’’.
Page 43, line 3, strike ‘‘(20 U.S.C. 951 et seq.)’’.
Page 43, line 25, strike ‘‘(20 U.S.C. 951 et seq.)’’.
Page 44, line 17, after ‘‘appropriated’’ insert ‘‘to the Institute of
Museum and Library Services’’.
Page 44, line 19, strike ‘‘to carry out’’ and all that follows
through ‘‘(20 U.S.C. 9111),’’ on line 24, and insert ‘‘for necessary ex-
penses to carry out museum and library services. The Director of
the Institute of Museum and Library Services shall award not less
than 89 percent of such funds to State library administrative agen-
cies by applying the formula in section 221(b) of the Museum and
Library Services Act,’’.
Page 45, beginning on line 1, strike ‘‘the Library Services and
Technology’’ and insert ‘‘such’’.
Page 51, line 24, strike ‘‘section 6(g)’’ and insert ‘‘section 6(g)(1)’’.
Page 52, line 1, strike ‘‘206(g)’’ and insert ‘‘206(g)(1)’’.
Page 54, line 21, strike ‘‘effect’’ and all that follows through page
55, line 4, and insert the following: ‘‘effect on the first day of the
third month that begins after the date of the enactment of this
Act.’’.
Page 56, beginning on line 24, strike ‘‘(including an employee of
the United States Postal Service, the Transportation Security Ad-
ministration, or the Department of Veterans Affairs, including any
individual appointed under chapter 73 or 74 of title 38, United
States Code)’’.
Page 59, line 21, insert ‘‘under section 12 or 13 of the Longshore
and Harbor Workers’ Compensation Act (33 U.S.C. 912, 913), re-
spectively,’’ after ‘‘claim’’.
Page 59, beginning on line 22, strike ‘‘under section 12 or 13 of
the Longshore and Harbor Workers’ Compensation Act (33 U.S.C.
912, 913), respectively,’’.
Page 60, line 3, strike ‘‘(33 U.S.C. 901 et seq.)’’.
Page 61, after line 7, insert the following:
(5) EXCLUSION.— The Secretary shall not consider any com-
pensation paid with respect to a notice or claim described in
subsection (a), including compensation for disability, death
benefits, funeral and burial expenses, and medical expenses, in
calculating the annual assessments under section 44(c)(2) of
the Longshore and Harbor Workers’ Compensation Act (33
U.S.C. 944(c)(2)).
Page 64, strike the subsection beginning on line 11 and insert
the following:
(c) APPROPRIATIONS.—
(1) IN GENERAL.—A reimbursement under subsection (b)
shall be paid out of the Longshore COVID–19 Fund established
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in section 45 of the Longshore and Harbor Workers’ Compensa-
tion Act (in this section, referred to as the ‘‘Longshore COVID–
19 Fund’’).
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20
(2) FUNDS.—In addition to amounts otherwise available,
there are authorized to be appropriated, and there are appro-
priated, out of any money in the Treasury not otherwise appro-
priated, such sums as may be necessary for the period begin-
ning on the date of enactment of this Act and ending on Sep-
tember 30, 2030, to the Longshore COVID–19 Fund for each
reimbursement paid out of such Fund under subsection (b).
(3) LIMITATION.—With respect to a notice or claim for bene-
fits approved on the basis of subsection (a), no payments may
be made from the Longshore COVID–19 Fund or the special
fund established under section 44 of the Longshore and Harbor
Workers’ Compensation Act (33 U.S.C. 944) after September
30, 2030, for benefits, reimbursements, or other expenditures
relating to such claim.
(4) FINAL ACTION.—The action of the Secretary in allowing or
denying any reimbursement under subsection (b) shall be final
and conclusive on all questions of law and fact.
Page 65, after line 24, insert the following:
(e) LONGSHORE COVID–19 FUND.—The Longshore and Harbor
Workers’ Compensation Act (33 U.S.C. 901) is amended by adding
after section 44 the following:
‘‘SEC. 45. LONGSHORE COVID–19 FUND.
‘‘(a) IN GENERAL.—There is established in the United States De-
partment of Labor the Longshore COVID–19 Fund (in this section,
referred to as the ‘Fund’), which consists of sums that are appro-
priated to the Fund under section 2104(c)(2) of the American Res-
cue Act of 2021.
‘‘(b) EXPENDITURES.—Amounts in the Fund shall be available for
the reimbursement of an employer or the employer’s carrier for
payment of compensation, death benefits, and other benefits and
expenses paid under this Act when reimbursement is required
under section 2104(b) of the American Rescue Act of 2021, subject
to any limitations in such section.’’.
Page 66, strike line 3 and all that follows through line 10 on
page 67.
Page 69, beginning on line 8, strike ‘‘Child Care’’ and all that fol-
lows through ‘‘et seq.)’’ on line 9, and insert ‘‘program authorized
under section 658C of the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858a)’’.
Page 69, line 10, strike ‘‘658E(c)(3)(D)–(E)’’ and insert
‘‘658E(c)(3)(E)’’.
Page 70, line 3, strike ‘‘2204(b)’’ and insert ‘‘2204’’.
Page 70, beginning on line 3, strike ‘‘and in’’ and all that follows
through ‘‘9858e)’’ on line 8 and insert ‘‘. Such grants shall be allot-
ted in accordance with section 658O of the Child Care and Develop-
ment Block Grant Act of 1990 (42 U.S.C. 9858m), except that the
requirements in subparagraphs (C) and (E) of section 658E(c)(3)
and in section 658G of such Act (42 U.S.C. 9858c(c)(3), 9858e) shall
not apply’’.
Beginning on page 70, strike line 19 and all that follows through
line 2 on page 71.
Page 71, line 3, strike ‘‘(2)’’ and insert ‘‘(1)’’.
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Page 71, line 11, strike ‘‘(3)’’ and insert ‘‘(2)’’.
Page 71, beginning on line 24, strike ‘‘the’’ and all that follows
through ‘‘(42 U.S.C. 9858m)’’ on line 10 of page 72 and insert ‘‘each
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21
lead agency a child care stabilization grant, without regard to the
requirements in subparagraphs (C) and (E) of section 658E(c)(3),
and in section 658G, of the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858c(c)(3), 9858e)’’.
Page 72, beginning on line 10, strike ‘‘grants shall’’ and all that
follows through ‘‘9858e)’’ on line 15, and insert ‘‘grant shall be allot-
ted in accordance with section 658O of the Child Care and Develop-
ment Block Grant Act of 1990 (42 U.S.C. 9858m)’’.
Page 72, line 23, insert ‘‘carry out activities to increase the sup-
ply of child care,’’ after ‘‘subgrants,’’.
Page 74, line 4, strike ‘‘such operating expenses’’ and insert ‘‘suf-
ficient operating expenses to ensure continuous operations’’.
Page 77, beginning on line 20, strike ‘‘, including’’ and all that
follows through line 22, and insert a period.
Page 78, line 3, strike ‘‘(42 U.S.C. 9831 et seq.)’’.
Page 78, line 4, strike ‘‘, to be allocated’’ and insert ‘‘. After re-
serving funds for Federal administrative expenses, the Secretary
shall allocate all remaining amounts to Head Start agencies for
one-time grants, and shall allocate’’.
Page 78, line 5, strike ‘‘in’’.
Page 78, beginning on line 9, strike ‘‘, except’’ and all that follows
through line 19, and insert a period.
Page 82, beginning on line 7, strike ‘‘title II of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5116 et seq.),’’ and insert
‘‘the program authorized under section 201 of the Child Abuse Pre-
vention and Treatment Act (42 U.S.C. 5116),’’.
Page 83, strike line 1 and all that follows through page 84, line
2.
Page 84, strike lines 3 through 22.
Page 85, line 8, insert ‘‘to the Corporation for National and Com-
munity Service,’’ before ‘‘$852,000,000’’.
Page 85, line 9, strike ‘‘for necessary’’ and all that follows
through line 16, and insert ‘‘to carry out subsection (b)), except that
amounts to carry out subsection (b)(7) shall remain available until
September 30, 2026.’’
Page 85, beginning on line 21, strike ‘‘living allowances’’ and all
that follows through line 25, and insert ‘‘living allowances of par-
ticipants in national service programs; and’’.
Page 86, beginning on line 4, strike ‘‘organizations described in’’
and all the follows through line 11, and insert ‘‘entities to support
programs described in paragraphs (1)(B), (2)(B), (3)(B), (4)(B), and
(5)(B) of subsection (a), and subsection (b)(2), of section 122 of the
National and Community Service Act of 1990 (42 U.S.C. 12572),
whether or not the entities are already grant recipients under such
provisions on the date of enactment of this Act, and notwith-
standing section 122(a)(1)(B)(vi) of the National and Community
Service Act of 1990 (42 U.S.C. 12572(a)(1)(B)(vi)), by—’’.
Page 87, beginning on line 14, strike ‘‘programs authorized under
part A of title I’’ and insert ‘‘the purposes described in section 101’’.
Page 87, line 16, strike ‘‘et seq.’’.
Page 87, beginning on line 21, strike ‘‘programs authorized under
title II’’ and insert ‘‘the purposes described in section 200’’.
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Page 87, line 23, strike ‘‘et seq.’’.
Page 87, strike line 24, and all that follows through page 88, line
10, and insert the following:
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22
(6) ADMINISTRATIVE COSTS.—$73,000,000 shall be used for
the Corporation for National and Community Service for ad-
ministrative expenses to carry out programs and activities
funded by subsection (a).
Page 88, line 21, strike ‘‘for payment’’ and all that follows
through line 24, and insert ‘‘for administration of the National
Service Trust, and for payment to the Trust for the provision of
educational awards pursuant to section 145(a)(1)(A) of the National
and Community Service Act of 1990 (42 U.S.C. 12601(a)(1)(A))’’.
Page 94, strike line 17, and all that follows through page 95, line
5.
Page 96, beginning on line 3, strike ‘‘(42 U.S.C. 1751 et seq.)’’.
Page 105, beginning on line 22, strike ‘‘A reviewing court shall
grant deference to such Secretary’s determination.’’
Page 113, line 19, insert ‘‘Medicare’’ before ‘‘benefits’’.
Page 113, beginning on line 19, strike ‘‘under title XVIII of the
Social Security Act (42 U.S.C. 1395 et seq.)’’.
Page 117, strike lines 16 through 19, and insert the following:
‘‘(2) in the case of any group health plan not described in
paragraph (1)—
‘‘(A) which is subject to the COBRA continuation provi-
sions contained in—
‘‘(i) the Internal Revenue Code of 1986,
‘‘(ii) the Employee Retirement Income Security Act
of 1974, or
‘‘(iii) the Public Health Service Act, or
‘‘(B) under which some or all of the coverage is not pro-
vided by insurance,
the employer maintaining the plan, and’’.
Page 118, beginning on line 6, strike ‘‘sections 7001 and 7003 of
the Families First Coronavirus Response Act and section 2301 of
the CARES Act’’ and insert ‘‘sections 3131, 3132, and 3134’’.
Page 120, beginning on line 12, strike ‘‘No amount for which a
credit is allowed under this section shall be taken into account as
qualified wages under section 2301 of the CARES Act or as quali-
fied health plan expenses under section 7001(d) or 7003(d) of the
Families First Coronavirus Response Act.’’ and insert ‘‘No credit
shall be allowed under this section with respect to any amount
which is taken into account as qualified wages under section 2301
of the CARES Act or section 3134 of this title or as qualified health
plan expenses under section 7001(d) or 7003(d) of the Families
First Coronavirus Response Act or section 3131 or 3132 of this
title.’’.
Page 120, after line 16, insert the following:
‘‘(f) EXTENSION OF LIMITATION ON ASSESSMENT.—Notwith-
standing section 6501, the limitation on the time period for the as-
sessment of any amount attributable to a credit claimed under this
section shall not expire before the date that is 5 years after the
later of—
‘‘(1) the date on which the original return which includes the
calendar quarter with respect to which such credit is deter-
mined is filed, or
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‘‘(2) the date on which such return is treated as filed under
section 6501(b)(2).’’.
Page 120, line 17, strike ‘‘(f)’’ and insert ‘‘(g)’’.
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23
Page 124, line 2: strike ‘‘9501’’ and insert ‘‘2401’’.
Page 128, line 6, strike ‘‘and’’.
Page 128, line 9, strike the period and insert ‘‘; and’’.
Page 128, after line 9, insert the following:
(G) transportation of individuals to facilitate vaccina-
tions, including at community vaccination centers and mo-
bile vaccination units, particularly for underserved popu-
lations.
Page 129, line 16, strike ‘‘$5,200,000,000’’ and insert
‘‘$6,050,000,000’’.
Page 131, line 7, strike ‘‘$46,000,000,000’’ and insert
‘‘$47,800,000,000’’.
Page 131, line 16, before the semicolon insert ‘‘, including
through activities authorized under section 319(a) of the Public
Health Service Act’’.
Page 131, line 24, through page 132, line 3, amend paragraph (3)
to read as follows:
(3) support the development, manufacturing, procurement,
distribution, and administration of tests to detect or diagnose
SARS–CoV–2 and COVID–19, including through—
(A) support for the development, manufacture, procure-
ment, and distribution of supplies necessary for admin-
istering tests, such as personal protective equipment; and
(B) support for the acquisition, construction, alteration,
or renovation of non-federally owned facilities for the pro-
duction of diagnostics and ancillary medical supplies
where the Secretary determines that such an investment
is necessary to ensure the production of sufficient amounts
of such supplies.
Page 138, line 2, strike ‘‘subsections (e)(3),’’ and insert the fol-
lowing: ‘‘the time limitation in subsection (e)(3) and subsections’’.
Page 138, line 5, strike ‘‘(as defined in’’ and all that follows
through ‘‘1395x(aa)))’’ on line 6, and insert the following: ‘‘, as de-
scribed in section 1861(aa)(4)(B) of the Social Security Act (42
U.S.C.1395x(aa)(4)(B))’’.
Page 138, line 7, strike ‘‘qualified entities’’ and all that follows
through ‘‘et seq.).’’ on line 9 and insert the following: ‘‘Papa Ola
Lokahi and to qualified entities under sections 4 and 6 of the Na-
tive Hawaiian Health Care Improvement Act (42 U.S.C. 11703,
11705).’’.
Page 138, line 11, strike ‘‘qualified’’ and all that follows through
‘‘et seq.).’’ on line 13 and insert the following ‘‘Papa Ola Lokahi and
to qualified entities under sections 4 and 6 of the Native Hawaiian
Health Care Improvement Act (42 U.S.C. 11703, 11705).’’.
Page 140, line 7, strike ‘‘for carrying out’’ and all that follows
through ‘‘health workforce’’ on line 9 and insert the following: ‘‘for
carrying out sections 338A, 338B, and 338I of the Public Health
Service Act (42 U.S.C. 254l, 254l–1, 254q–1) with respect to the
health workforce’’.
Page 140, line 13, strike ‘‘public’’ and insert ‘‘primary’’.
Page 140, line 14, strike ‘‘supplemental’’.
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Page 142, strike lines 4 through 13 and insert the following:
(1) For making payments to establish new approved grad-
uate medical residency training programs pursuant to section
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24
340H(a)(1)(C) of the Public Health Service Act (42 U.S.C.
256h(a)(1)(C)).
Page 142, strike line 18 and all that follows through page 143,
line 2, and insert the following:
(3) For making payments under section 340H(a)(1)(A) of the
Public Health Service Act (42 U.S.C. 256h(a)(1)(A))) to quali-
fied teaching health centers for maintenance of filled positions
at existing approved graduate medical residency training pro-
grams.
Page 143, line 6, after insert ‘‘training’’ after ‘‘residency’’.
Beginning on page 143, line 17, strike section 3035 (and redesig-
nate the following sections accordingly)).
Beginning on page 146, line 6, strike section 3037 (and redesig-
nate the following section accordingly).
In the table of contents on page 5, strike the items relating to
sections 3035 through 3038 and insert the following:
Sec. 3035. Funding for family planning.
Sec. 3036. Funding for Office of Inspector General.
Page 157, line 12, strike ‘‘primary’’ and insert ‘‘primary care’’.
Page 161, line 8, strike ‘‘subtitle D of title I’’ and insert ‘‘section
1311(b)’’.
Page 161, line 9, strike ‘‘(42 U.S.C. 18021 et seq.)’’ and insert
‘‘(42 U.S.C. 18031(b))’’.
Page 161, line 17, strike ‘‘of section 1311 of such Act (42 U.S.C.
18031)’’.
Page 165, line 25, strike ‘‘of law’’ and insert ‘‘of this title’’.
Page 169, line 9, strike ‘‘described in’’ and insert ‘‘to which’’.
Page 169, line 11, strike ‘‘or described in’’ and insert ‘‘applies or
to which’’.
Page 169, line 14, insert ‘‘applies’’ after ‘‘paragraph (2),’’.
Page 169, line 17, insert ‘‘and section 1902(a)(10)(A) of such Act’’
after ‘‘subclause (XVIII)’’.
Page 169, line 19, strike ‘‘of’’ and insert ‘‘or’’.
Page 169, line 24, strike ‘‘described in’’ and insert ‘‘to which’’.
Page 170, line 1, insert ‘‘applies’’ after ‘‘(XVIII)’’.
Page 170, beginning on line 8, strike ‘‘described in’’ and insert ‘‘to
which’’.
Page 170, line 11, insert ‘‘apply’’ after ‘‘section 1902(a)(10)’’.
Page 170, line 15, insert ‘‘, and section 1902(a)(10)(A)’’ after ‘‘re-
spectively’’.
Page 175, line 8, strike the end quotation marks and second pe-
riod.
Page 175, after line 8, insert the following:
‘‘(C) COVERAGE UNDER CHIP.—A State making an elec-
tion under this paragraph that covers under title XXI child
health assistance for targeted low-income children who are
pregnant or targeted low-income pregnant women, as ap-
plicable, shall also make the election under section
2107(e)(1)(J) of such title.’’.
Page 175, line 13, strike ‘‘5-year’’ and insert ‘‘7-year’’.
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Page 175, strike line 16 and all that follows through page 176,
line 2.
Page 176, strike lines 3 through 10, and insert the following:
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25
SEC. 3103. STATE OPTION TO PROVIDE QUALIFYING COMMUNITY-
BASED MOBILE CRISIS INTERVENTION SERVICES.
Title XIX of the Social Security Act is amended by adding after
section 1946 (42 U.S.C 1396w–5) the following new section:
‘‘SEC. 1947. STATE OPTION TO PROVIDE QUALIFYING COMMUNITY-
BASED MOBILE CRISIS INTERVENTION SERVICES.
In the table of contents on page 6, strike the item relating to sec-
tion 3103 and insert the following:
3103. State Option to Provide Qualifying Community-Based Mobile Crisis Interven-
tion Services.
Page 176, line 11, redesignate the paragraph (1) as a subsection
(a) with appropriate indentation.
Page 176, lines 19 through 20, strike ‘‘this subsection’’ and insert
‘‘this section’’.
Page 176, lines 20 through 21, strike ‘‘, through bundled pay-
ments,’’.
Page 177, line 1, redesignate the paragraph (2) as a subsection
(b) with appropriate indentation.
Page 177, line 3, strike ‘‘subsection’’ and insert ‘‘section’’.
Page 177, line 9, redesignate the subparagraph (A) as a para-
graph (1) with appropriate indentation.
Page 177, line 12, redesignate the clause (i) as a subparagraph
(A) with appropriate indentation.
Page 177, line 14, redesignate the clause (ii) as a subparagraph
(B) with appropriate indentation.
Page 177, line 16, redesignate the subparagraph (B) as a para-
graph (2) with appropriate indentation.
Page 177, line 18, redesignate the clause (i) as a subparagraph
(A) with appropriate indentation.
Page 178, line 5, redesignate the clause (ii) as a subparagraph
(B) with appropriate indentation.
Page 178, line 8, redesignate the clause (iii) as a subparagraph
(C) with appropriate indentation.
Page 178, line 11, redesignate the subclause (I) as a clause (i)
with appropriate indentation.
Page 178, line 12, redesignate the subclause (II) as a clause (ii)
with appropriate indentation.
Page 178, line 13, strike the semicolon and insert ‘‘; and’’.
Page 178, line 14, redesignate the subclause (III) as a clause (iii)
with appropriate indentation.
Page 178, beginning on line 15, strike ‘‘health’’ and all that fol-
lows through line 16 and insert the following: ‘‘health services as
needed;’’.
Page 178, strike lines 17 through 23.
Page 178, line 24, redesignate the clause (iv) as a subparagraph
(D) with appropriate indentation.
Page 179, line 3, insert ‘‘and’’ before ‘‘managed’’.
Page 179, line 4, strike ‘‘, entities’’ and all that follows through
‘‘systems’’ on line 18.
Page 179, line 19, redesignate the clause (vi) as a subparagraph
(E) with appropriate indentation.
Page 179, strike lines 23 through 25.
Page 180, line 1, redesignate the subparagraph (C) as a para-
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graph (3) with appropriate indentation.
Page 180, line 2, strike ‘‘; and’’ and insert a period.
Page 180, strike line 3.
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26
Page 180, line 4, redesignate the paragraph (3) as a subsection
(c) with appropriate indentation.
Page 180, lines 4 through 5, strike ‘‘PAYMENTS’’ and all that fol-
lows through ‘‘Notwithstanding’’ and insert ‘‘PAYMENTS.—Notwith-
standing’’.
Page 180, line 9, strike ‘‘paragraph (1)’’ and insert ‘‘subsection
(a)’’.
Page 180, line 11, strike ‘‘paragraph (4)’’ and insert ‘‘subsection
(d)’’.
Page 180, beginning on line 13, strike ‘‘assistance, through bun-
dled payments described in paragraph (1),’’ and insert ‘‘assistance’’.
Page 181, strike lines 4 through 12.
Page 181, line 13, redesignate the paragraph (4) as a subsection
(d) with appropriate indentation.
Page 181, line 15, redesignate the subparagraph (A) as a para-
graph (1) with appropriate indentation.
Page 181, line 16, strike ‘‘the Secretary’’ and all that follows
through ‘‘that’’ on line 17 and insert ‘‘the Secretary that’’.
Page 181, lines 20 through 21, strike ‘‘paragraph (2); and’’ and
insert ‘‘subsection (b).’’.
Page 181, strike line 22 and all that follows through page 182,
line 2.
Page 182, line 3, redesignate the subparagraph (B) as a para-
graph (2) with appropriate indentation.
Page 182, line 5, redesignate the clause (i) as a subparagraph (A)
with appropriate indentation.
Page 182, line 8, strike ‘‘this subsection’’ and insert ‘‘this section’’.
Page 182, lines 10 through 11, strike ‘‘paragraph (3)(A)’’ and in-
sert ‘‘subsection (c)’’.
Page 182, line 16, strike ‘‘paragraph (1)’’ and insert ‘‘subsection
(a)’’.
Page 182, line 17, redesignate the clause (ii) as a subparagraph
(B) with appropriate indentation.
Page 182, line 22, strike ‘‘this subsection’’ and insert ‘‘this sec-
tion’’.
Page 182, line 24, strike ‘‘paragraph (1)’’ and insert ‘‘subsection
(a)’’.
Page 183, line 1, strike ‘‘paragraph (3)(A)’’ and insert ‘‘subsection
(c)’’.
Page 183, line 3, redesignate the paragraph (5) as a subsection
(e) with appropriate indentation.
Page 183, line 13, strike ‘‘this subsection’’ and insert ‘‘this sec-
tion’’.
Page 183, line 14, strike ‘‘3105’’ and insert ‘‘3104’’.
Page 185, line 19, strike ‘‘3106’’ and insert ‘‘3105’’.
Page 186, line 19, strike ‘‘3107’’ and insert ‘‘3106’’.
Page 187, line 1, strike ‘‘3108’’ and insert ‘‘3107’’.
Page 187, line 3, strike ‘‘PERIOD’’.
Page 187, line 8, strike ‘‘conditions’’ and insert ‘‘requirements’’.
Page 189, strike line 24 and all that follows through page 190,
line 5.
Page 190, line 6, redesignate subparagraph (D) as subparagraph
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(C).
Page 190, line 13, redesignate subparagraph (E) as subparagraph
(D).
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27
Page 190, line 20, redesignate subparagraph (F) as subparagraph
(E).
Page 191, line 3, strike ‘‘conditions’’ and insert ‘‘requirements’’.
Page 191, line 4, strike ‘‘conditions’’ and insert ‘‘requirements’’.
Page 191, line 12, insert ‘‘, or supplement the implementation of,’’
after ‘‘shall implement’’.
Page 191, line 13, strike ‘‘of the following’’.
Page 191, line 15, strike the colon and insert a period.
Beginning on page 191, strike line 16 and all that follows
through page 195, line 24.
Page 196, line 1, strike ‘‘3109’’ and insert ‘‘3108’’.
Page 196, beginning on line 13, strike ‘‘to increase the capacity
of such a State to respond to COVID–19 by allowing such a State
to’’ and insert ‘‘for such a State to’’.
Page 196, after line 20, insert the following:
SEC. 3109. SPECIAL RULE FOR THE PERIOD OF A DECLARED PUBLIC
HEALTH EMERGENCY RELATED TO CORONAVIRUS.
(a) IN GENERAL.—Section 1923(f)(3) of the Social Security Act (42
U.S.C. 1396r-4(f)(3)) is amended—
(1) in subparagraph (A), by striking ‘‘subparagraph (E)’’ and
inserting ‘‘subparagraphs (E) and (F)’’ ; and
(2) by adding at the end the following new subparagraph:
‘‘(F) ALLOTMENTS DURING THE CORONAVIRUS TEMPORARY
MEDICAID FMAP INCREASE.—
‘‘(i) IN GENERAL.—Notwithstanding any other provi-
sion of this subsection, for any fiscal year for which
the Federal medical assistance percentage applicable
to expenditures under this section is increased pursu-
ant to section 6008 of the Families First Coronavirus
Response Act, the Secretary shall recalculate the an-
nual DSH allotment, including the DSH allotment
specified under paragraph (6)(A)(vi), to ensure that the
total DSH payments (including both Federal and State
shares) that a State may make related to a fiscal year
is equal to the total DSH payments that the State
could have made for such fiscal year without such in-
crease to the Federal medical assistance percentage.
‘‘(ii) NO APPLICATION TO ALLOTMENTS BEGINNING
AFTER COVID–19 EMERGENCY PERIOD.—The DSH allot-
ment for any State for the first fiscal year beginning
after the end of the emergency period described in sec-
tion 1135(g)(1)(B) or any succeeding fiscal year shall
be determined under this paragraph without regard to
the DSH allotments determined under clause (i).’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect and apply as if included in the enactment of the
Families First Coronavirus Response Act (Public Law 116–127).
In the table of contents on page 6, strike the items relating to
sections 3104 through 3109 and insert the following:
Sec. 3104. Temporary increase in FMAP for medical assistance under State Med-
icaid plans which begin to expend amounts for certain mandatory indi-
rfrederick on DSKBCBPHB2PROD with HEARINGS
viduals.
Sec. 3105. Extension of 100 percent Federal medical assistance percentage to
Urban Indian Health Organizations and Native Hawaiian Health Care
Systems.
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28
Sec. 3106. Sunset of limit on maximum rebate amount for single source drugs and
innovator multiple source drugs.
Sec. 3107. Additional support for Medicaid home and community-based services
during the COVID–19 emergency period.
Sec. 3108. Funding for State strike teams for resident and employee safety in nurs-
ing facilities.
Sec. 3109. Special Rule for the Period of a Declared Public Health Emergency Re-
lated to Coronavirus.
Page 202, line 3, strike ‘‘title XIX’’ and all that follows through
‘‘waiver).’’ on line 23, and insert the following: ‘‘title XIX), if the
State provides child health assistance for targeted low-income chil-
dren who are pregnant or to targeted low-income pregnant women
and the State has elected to apply such paragraph (16) with respect
to pregnant women under title XIX, the provision of assistance
under the State child health plan or waiver for targeted low-income
children or targeted low-income pregnant women during pregnancy
and the 12-month postpartum period shall be required and not at
the option of the State and shall include coverage of all items or
services provided to a targeted low-income child or targeted low-in-
come pregnant woman (as applicable) under the State child health
plan or waiver).’’.
Page 203, line 12, strike ‘‘5-year’’ and insert ‘‘7-year’’.
Page 204, strike lines 4 through 15 and insert the following:
(1) $50,000,000, shall be for grants, contracts, and other
agency activities that identify and address disproportionate en-
vironmental or public health harms and risks in minority pop-
ulations or low-income populations under—
(A) section 103(b) of the Clean Air Act (42 U.S.C.
7403(b));
(B) section 1442 of the Safe Drinking Water Act (42
U.S.C. 300j–1);
(C) section 104(k)(7)(A) of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9604(k)(7)(A)); and
(D) sections 791 through 797 of the Energy Policy Act of
2005 (42 U.S.C. 16131 through 16137); and
Page 205, line 16, strike the semicolon and insert ‘‘; and’’.
Page 205, line 19, strike the semicolon and insert a period.
Beginning on page 205, strike line 20 and all that follows
through page 206, line 6.
Page 209, strike lines 1 through 5 (and redesignate the suc-
ceeding paragraphs accordingly).
Page 209, line 21, strike ‘‘products’’ and insert ‘‘consumer prod-
ucts, as defined by section 3(a)(5) of the Consumer Product Safety
Act (15 U.S.C. 2052(a)(5)),’’.
Page 214, beginning on line 7, strike ‘‘, except as provided in
paragraph (10)’’.
Page 214, strike line 14 and all that follows through page 215,
line 3 (and redesignate the succeeding paragraphs accordingly).
Page 216, beginning on line 1, strike ‘‘, domestically or inter-
nationally’’.
Page 216, line 13, before ‘‘to remain’’ insert the following: ‘‘not-
withstanding section 304(e) of the Defense Production Act of 1950
rfrederick on DSKBCBPHB2PROD with HEARINGS
(50 U.S.C. 4534(e)),’’.
Page 216, beginning on line 14, strike ‘‘the Defense Production
Act of 1950 (50 U.S.C. 4501 et seq.)’’ and insert ‘‘such Act’’.
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29
Page 217, beginning on line 3, strike ‘‘(as defined in section
809.3(a) of title 21, Code of Federal Regulations)’’.
Page 217, beginning on line 16, strike ‘‘determined by the Sec-
retary of Health and Human Services to be’’.
Page 217, beginning on line 22, strike ‘‘and devices (as those
terms are defined in the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 301 et seq.)) and biological products (as that term is defined
by section 351 of the Public Health Service Act (42 U.S.C. 262))’’
and insert ‘‘, devices, and biological products’’.
Page 218, beginning on line 18, strike ‘‘that the Secretary of
Health and Human Services determines to be necessary,’’ and in-
sert ‘‘necessary’’.
Page 219, strike line 1 and all that follows through page 219, line
24.
Page 220, line 8, strike ‘‘$19,050,000,000’’ and insert
‘‘$20,250,000,000’’.
Page 220, line 24, strike ‘‘and’’.
Page 221, line 3, strike the period and insert ‘‘; and’’.
Page 221, after line 3, insert the following:
(D) $1,200,000,000 for payments to high-need grantees
as provided in this section.
Page 221, line 13, strike ‘‘(i)(1)’’ and insert ‘‘(f)(1)’’.
Page 222, line 11, strike ‘‘under this section’’ and insert ‘‘under
section 501 of subtitle A of title V of division N of the Consolidated
Appropriations Act, 2021’’.
Page 222, lines 18 through 20, strike ‘‘local government’s pro-
posed uses of the funds are consistent with subsection (d)’’ and in-
sert ‘‘local government elects to receive funds from the Secretary
under section 501 of subtitle A of title V of division N of the Con-
solidated Appropriations Act, 2021 and will use the funds in a
manner consistent with such section’’.
Page 223, line 8, strike ‘‘(i)(1)(C)’’ and insert ‘‘(f)(1)(C)’’.
Page 223, after line 24, insert the following:
(3) HIGH-NEED GRANTEES.—The Secretary shall allocate
funds reserved under subsection (a)(2)(D) to eligible grantees
with a high need for assistance under this section as evidenced
by the number of very low-income renter households paying
more than 50 percent of income on rent or living in sub-
standard or overcrowded conditions, rental market costs, and
employment trends.
Page 224, line 2, strike ‘‘50 percent’’ and insert ‘‘40 percent’’.
Page 225, line 10, before the period insert ‘‘, as defined by the
Secretary’’.
Page 226, lines 7 and 8, strike ‘‘under subparagraphs (A), (B),
and (D), respectively’’.
Page 227, line 13, strike ‘‘After September 30’’ and insert ‘‘Begin-
ning March 31’’.
Page 228, strike line 11 and all that follows through page 229,
line 6.
Page 229, line 7, strike ‘‘(i)’’ and insert ‘‘(f)’’.
Page 231, line 1, strike ‘‘(j)’’ and insert ‘‘(g)’’.
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Page 231, line 4, strike ‘‘(k)’’ and insert ‘‘(h)’’.
Page 233, line 5, before the semicolon, insert ‘‘, as defined by the
Secretary’’.
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30
Page 233, lines 10 through 12, strike ‘‘Public housing agencies
shall be notified of the number of emergency vouchers allocated
pursuant to this section’’ and insert ‘‘The Secretary shall notify
public housing agencies of the number of emergency vouchers pro-
vided under this section to be allocated’’.
Page 234, strike lines 11 through 19 and insert the following:
(5) WAIVERS AND ALTERNATIVE REQUIREMENTS.—The Sec-
retary may waive or specify alternative requirements for any
provision of the United States Housing Act of 1937 (42 U.S.C.
1437 et seq.) or regulation applicable to such statute other
than requirements related to fair housing, nondiscrimination,
labor standards, and the environment, upon a finding that the
waiver or alternative requirement is necessary to expedite or
facilitate the use of amounts made available in this section.
Page 235, strike lines 14 and 15 and insert the following:
(d) IMPLEMENTATION.—The Secretary may implement the provi-
sions of this section by notice.
Page 235, line 18, after ‘‘appropriated’’ insert ‘‘to the Secretary of
Agriculture’’.
Page 236, line 8, after ‘‘appropriated’’ insert ‘‘to the Secretary of
Housing and Urban Development (in this section referred to as the
‘Secretary’)’’.
Page 238, strike lines 3 through 11 and insert the following:
(E) WAIVERS OR ALTERNATIVE REQUIREMENTS.—The Sec-
retary may waive or specify alternative requirements for
any provision of NAHASDA (25 U.S.C. 4101 et seq.) or reg-
ulation applicable to the Native American Housing Block
Grant or Native Hawaiian Housing Block Grant program
other than requirements related to fair housing, non-
discrimination, labor standards, and the environment,
upon a finding that the waiver or alternative requirement
is necessary to expedite or facilitate the use of amounts
made available under this paragraph.
Page 239, strike lines 14 through 18 and insert the following:
(D) INAPPLICABILITY OF PUBLIC SERVICES CAP.—Indian
tribes may use up to 100 percent of any grant from
amounts made
Page 239, strike line 22 and all that follows through page 240,
line 5, and insert the following:
(E) WAIVERS OR ALTERNATIVE REQUIREMENTS.—The Sec-
retary may waive or specify alternative requirements for
any provision of title I of the Housing and Community De-
velopment Act of 1974 (42 U.S.C. 5301 et seq.) or regula-
tion applicable to the Indian Community Development
Block Grant program other than requirements related to
fair housing, nondiscrimination, labor standards, and the
environment, upon a finding that the waiver or alternative
requirement is necessary to expedite or facilitate the use
of amounts made available under this paragraph.
Page 240, line 11, strike ‘‘and’’.
Page 240, line 12, after ‘‘entities’’ insert ‘‘, and recipients under
title VIII of NAHASDA’’.
rfrederick on DSKBCBPHB2PROD with HEARINGS
Page 242, line 18, after ‘‘appropriated’’ insert ‘‘to the Secretary of
Housing and Urban Development (in this section referred to as the
‘Secretary’)’’.
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31
Page 244, line 18, before the semicolon, insert ‘‘, as defined by
the Secretary’’.
Page 245, line 8, strike ‘‘12749(g)’’ and insert ‘‘12748(g)’’.
Page 246, line 22, after the comma insert ‘‘the Secretary shall al-
locate’’.
Page 246, line 23, strike ‘‘shall be allocated’’.
Page 246, line 24, strike ‘‘12746’’ and insert ‘‘12747’’.
Page 247, lines 1 and 2, strike ‘‘such allocations shall be made’’
and insert ‘‘shall make such allocations’’.
Page 247, strike lines 18 through 25, and insert the following:
(4) WAIVERS OR ALTERNATIVE REQUIREMENTS.—The Sec-
retary may waive or specify alternative requirements for
any provision of the Cranston-Gonzalez National Afford-
able Housing Act (42 U.S.C. 12701 et seq.) and titles I and
IV of the McKinney-Vento Homelessness Act (42 U.S.C.
11301 et seq., 11360 et seq.) or regulation for the adminis-
tration of the amounts made available under this section
other than requirements related to fair housing, non-
discrimination, labor standards, and the environment,
upon a finding that the waiver or alternative requirement
is necessary to expedite or facilitate the use of amounts
made available under this section.
Page 248, line 3, after ‘‘appropriated to’’ insert ‘‘the Secretary of
the Treasury for’’.
Page 249, after line 20, insert the following:
(7) SOCIALLY AND ECONOMICALLY DISADVANTAGED INDI-
VIDUAL.—The term ‘‘socially and economically disadvantaged
individual’’ means an individual who is a socially disadvan-
taged individual or an economically disadvantaged individual,
as such terms are defined, respectively, under section 8 of the
Small Business Act (15 U.S.C. 637) and the regulations there-
under.
Page 249, line 21, strike ‘‘(7)’’ and insert ‘‘(8)’’.
Page 250, strike ‘‘, and to’’ in line 7 and all that follows through
‘‘this section,’’ in line 12.
Page 251, line 2, after ‘‘gas,’’ insert ‘‘home energy,’’.
Page 251, strike line 9.
Page 251, line 10, strike ‘‘(iv)’’ and insert ‘‘(iii)’’.
Page 251, line 12, strike ‘‘(v)’’ and insert ‘‘(iv)’’.
Page 252, strike lines 18 and 19 and insert ‘‘funds to socially and
economically disadvantaged individuals.’’.
Page 253, lines 13 and 14, strike ‘‘establish such criteria as are
necessary to’’.
Page 253, lines 17 and 18, strike ‘‘, taking into consideration’’
and insert ‘‘based on homeowner need’’.
Page 253, line 21, before the dash insert ‘‘, which is determined
by’’.
Page 254, line 1, strike ‘‘or’’ and insert ‘‘of’’.
Page 255, line 19, strike ‘‘90th’’ and insert ‘‘45th’’.
Page 255, line 22, after ‘‘shall’’ insert ‘‘, by the 180th day after
the date of enactment of this Act,’’.
Page 255, line 24, strike ‘‘90th’’ and insert ‘‘45th’’.
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Page 257, line 25, after ‘‘appropriated’’ insert ‘‘to the Secretary of
Agriculture’’.
Page 258, after line 7, insert the following:
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32
SEC. 4109 FAIR HOUSING ACTIVITIES.
(a) APPROPRIATION.—In addition to amounts otherwise available,
there is appropriated to the Secretary of Housing and Urban Devel-
opment (in this section referred to as the ‘‘Secretary’’) for fiscal
year 2021, out of any money in the Treasury not otherwise appro-
priated, $20,000,000, to remain available until September 30, 2023,
for the Fair Housing Initiatives Program under section 561 of the
Housing and Community Development Act of 1987 (42 U.S.C.
3616a) to ensure fair housing organizations have additional re-
sources to address fair housing inquiries, complaints, investiga-
tions, and education and outreach activities, during or relating to
the coronavirus pandemic.
(b) ADMINISTRATIVE EXPENSES.—The Secretary may use not more
than 3 percent of the amounts appropriated under this section for
administrative purposes.
In the table of contents on page 7, insert after the item relating
to section 4108 the following:
4109. Fair housing activities.
Page 258, line 9, strike ‘‘REAUTHORIZATION OF THE’’ (and
amend the table of contents accordingly).
Page 258, line 10, strike ‘‘ACT OF 2010’’ (and amend the table
of contents accordingly).
Page 258, line 11, strike ‘‘REAUTHORIZATION’’ and insert ‘‘STATE
SMALL BUSINESS CREDIT INITIATIVE’’.
Page 263, beginning on line 24, strike ‘‘to reauthorize, expand,
and enhance the State Small Business Credit Initiative established
under the State Small Business Credit Initiative Act of 2010, in-
cluding’’.
Page 265, line 12, strike ‘‘ensure that’’ and insert ‘‘allocate’’.
Page 265, line 12, before ‘‘from funds’’ insert the following: ‘‘to
States’’.
Page 265, beginning on line 13, strike ‘‘shall be allocated to
States to’’ and insert ‘‘and, by regulation or other guidance, pre-
scribe Program requirements that the funds’’.
Page 265, beginning on line 23, strike ‘‘use of these funds to en-
sure they’’ and insert ‘‘expenditure of these funds to’’.
Page 267, beginning on line 3, strike ‘‘ensure that not less than
$500,000,000 from funds allocated under this section shall’’ and in-
sert ‘‘allocate not less than $500,000,000 to States from funds allo-
cated under this section to’’.
Page 267, line 24, strike ‘‘(c)’’ and insert ‘‘(d)’’.
Page 270, strike line 3 and all that follows through page 271, line
2.
Page 271, line 3, strike ‘‘(i)’’ and insert ‘‘(g)’’.
Page 271, line 5, strike ‘‘(g)’’ and insert ‘‘(e)’’.
Page 271, line 7, strike ‘‘(h)’’ and insert ‘‘(g)’’.
Page 271, line 13, strike ‘‘(j)’’ and insert ‘‘(h)’’.
Page 272, line 1, strike ‘‘(k)’’ and insert ‘‘(i)’’.
Page 273, line 21, insert before the final period the following:
‘‘and means the Office of Hawaiian Affairs established by the Con-
stitution of the State of Hawaii’’.
Page 273, line 22, strike ‘‘(l)’’ and insert ‘‘(j)’’.
rfrederick on DSKBCBPHB2PROD with HEARINGS
Page 289, line 22, insert ‘‘, or transferred pursuant to section
603(c)(3),’’ after ‘‘under this section’’.
Page 290, line 18, insert ‘‘or’’ before ‘‘a public’’.
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33
Page 290, beginning on line 20, strike ‘‘, or a multi-State entity
involved in the transportation of passengers or cargo’’.
Page 290, beginning on line 25 to page 291, line 1, strike ‘‘sub-
section (b)(5)(B)),’’ and insert ‘‘subsection (b)(5)(B) of this section) or
a transfer of funds under section 603(c)(3),’’.
Page 291, line 8, insert ‘‘of this section’’ before the semi-colon.
Page 291, line 11, insert ‘‘, or transfer of funds under section
603(c)(3),’’ before ‘‘are consistent’’ and by inserting ‘‘of this section’’
before the period.
Page 292, line 24, strike ‘‘shall allocate’’ and all that follows
through page 293, line 1, and inserting ‘‘shall estimate, allocate,
and pay, to each metropolitan city an amount determined for the
metropolitan city consistent with the formula’’.
Page 293, line 2, strike ‘‘(1)’’.
Page 293, line 4, strike ‘‘(1)’’.
Page 293, line 21, strike ‘‘all nonentitlement units’’ and all that
follows through the period on line 24 and insert ‘‘all areas that are
non-metropolitan cities in the State bears to the total population of
all areas that are non-metropolitan cities in all such States.’’.
Page 299, beginning on line 13, strike ‘‘within the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, the United
States Virgin Islands, Guam, the Commonwealth of the Northern
Mariana Islands, and American Samoa’’.
Page 302, line 20, strike ‘‘A metropolitan city,’’ and insert ‘‘Ex-
cept as provided in paragraph (3), a metropolitan city,’’.
Page 303, line 21, by inserting ‘‘or’’ before ‘‘a special-’’.
Page 303, beginning on line 22, strike ‘‘, or a multi-State entity
involved in the transportation of passengers or cargo’’.
Page 303, after line 24, insert the following
‘‘(3) TRANSFERS TO STATES.—Notwithstanding paragraph (1)
of this subsection, a metropolitan city, nonentitlement unit of
local government, or county receiving a payment from funds
made available under this section may transfer such funds to
the State in which such entity is located.’’.
Page 304, line 4, strike ‘‘(e)’’ and insert ‘‘(e))’’.
Page 305, strike lines 3 through 10 and insert the following:
‘‘(3) NONENTITLEMENT UNIT OF LOCAL GOVERNMENT.—The
term ‘nonentitlement unit of local government’ means a ‘city’
(as that term is defined in section 102(a)(5) of the Housing and
Community Development Act of 1974 (42 U.S.C. 5302(a)(5)))
that is not a metropolitan city.’’.
Page 305, strike lines 13 through 16 and insert the following:
‘‘(5) STATE.—The term ‘State’ means each of the 50 States,
the District of Columbia, the Commonwealth of Puerto Rico,
the United States Virgin Islands, Guam, the Commonwealth of
the Northern Mariana Islands, and American Samoa.’’.
Page 306, line 11, strike ‘‘to’’ and insert ‘‘which shall’’.
Page 306, line 11, strike ‘‘Fund.’’ and insert ‘‘Fund and remain
available through September 30, 2022. The Fund is available for
reasonable expenses incurred by the Office of Personnel Manage-
ment in administering this section.’’.
Page 306, line 13, strike ‘‘payment’’ and insert ‘‘reimbursement’’.
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Page 306, line 13, insert ‘‘under this section’’ after ‘‘leave’’.
Page 308, strike lines 4 through 18 and insert the following:
(2) TOTAL HOURS; AMOUNT.—Paid leave under this section—
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34
(A) shall be provided to an employee in an amount not
to exceed 600 hours of paid leave for each full-time em-
ployee, and in the case of a part-time employee, employee
on an uncommon tour of duty, or employee with a seasonal
work schedule, in an amount not to exceed the propor-
tional equivalent of 600 hours to the extent amounts in the
Fund remain available for reimbursement;
(B) shall be paid at the same hourly rate as other leave
payments; and
(C) may not be provided to an employee if the leave
would result in payments greater than $2,800 in aggregate
for any biweekly pay period for a full-time employee, or a
proportionally equivalent biweekly limit for a part-time
employee.
Page 309, strike lines 1 through 5 and insert the following:
(4) CALCULATION OF RETIREMENT BENEFIT.—Any paid leave
provided to an employee under this section shall reduce the
total service used to calculate any Federal civilian retirement
benefit.
Page 309, strike lines 6 through 20 and insert the following:
(d) EMPLOYEE DEFINED.—In this section, the term ‘‘employee’’
means—
(1) an individual in the executive branch for whom annual
and sick leave is provided under subchapter I of chapter 63 of
title 5, United States Code;
(2) an individual employed by the United States Postal Serv-
ice;
(3) an individual employed by the Postal Regulatory Com-
mission; and
(4) an employee of the Public Defender Service for the Dis-
trict of Columbia and the District of Columbia Courts.
Insert after section 5113 the following:
SEC. 5114. FUNDING FOR THE WHITE HOUSE.
In addition to amounts otherwise available, there is appropriated
for fiscal year 2021, out of any money in the Treasury not other-
wise appropriated, $12,800,000, to remain available until Sep-
tember 30, 2021, for necessary expenses for the White House, to
prevent, prepare for, and respond to coronavirus.
Page 7, in the table of contents relating to subtitle B of title V,
add the following items after the item relating to section 5113:
Sec. 5114. Funding for the White House.
Page 332, strike line 5 and all that follows through the period
on line 8.
Page 332, line 9, strike ‘‘(C)’’ and insert ‘‘(B)’’.
Page 332, line 22, insert ‘‘and’’ after ‘‘owned’’.
Page 336, strike line 4 and all that follows through the period
on page 338, line 9.
Page 341, line 14, strike ‘‘to remain available until expended’’
and insert ‘‘to remain available until September 30, 2022’’.
Page 342, line 21, strike ‘‘to remain available until expended’’
rfrederick on DSKBCBPHB2PROD with HEARINGS
and insert ‘‘to remain available until September 30, 2022’’.
Page 344, beginning line 18, strike ‘‘in carrying out the provi-
sions of the Inspector General Act of 1978’’.
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35
Page 345, line 12, strike ‘‘for major’’ and all that follows through
line 15 and insert ‘‘to carry out the purposes of the Disaster Relief
Fund for costs associated with major disaster declarations.’’.
Page 345, beginning on line 21, strike ‘‘under section 401 of such
Act (42 U.S.C. 5170)’’.
Page 351, strike line 23 and all that follows through page 364,
line 13 and insert the following:
SEC. 7006. FEDERAL TRANSIT ADMINISTRATION GRANTS.
(a) FEDERAL TRANSIT ADMINISTRATION APPROPRIATION.—
(1) IN GENERAL.—In addition to amounts otherwise made
available, there are appropriated for fiscal year 2021, out of
any funds in the Treasury not otherwise appropriated,
$30,461,355,534, to remain available until September 30, 2024,
that shall—
(A) be for grants to eligible recipients under sections
5307, 5309, 5310, and 5311 of title 49, United States Code,
to prevent, prepare for, and respond to coronavirus; and
(B) not be subject to any prior restriction on the total
amount of funds available for implementation or execution
of programs authorized under sections 5307, 5310, or 5311
of such title.
(2) AVAILABILITY OF FUNDS FOR OPERATING EXPENSES.—
(A) IN GENERAL.—Notwithstanding subsection (a)(1) or
(b) of section 5307 and section 5310(b)(2)(A) of title 49,
United States Code, funds provided under this section,
other than subsection (b)(4), shall be available for the op-
erating expenses of transit agencies to prevent, prepare
for, and respond to the coronavirus public health emer-
gency, including, beginning on January 20, 2020—
(i) reimbursement for payroll of public transpor-
tation (including payroll and expenses of private pro-
viders of public transportation);
(ii) operating costs to maintain service due to lost
revenue due as a result of the coronavirus public
health emergency, including the purchase of personal
protective equipment; and
(iii) paying the administrative leave of operations or
contractor personnel due to reductions in service.
(B) USE OF FUNDS.—Funds described in subparagraph
(A) shall be—
(i) available for immediate obligation, notwith-
standing the requirement for such expenses to be in-
cluded in a transportation improvement program,
long-range transportation plan, statewide transpor-
tation plan, or statewide transportation improvement
program under sections 5303 and 5304 of title 49,
United States Code;
(ii) directed to payroll and operations of public
transportation (including payroll and expenses of pri-
vate providers of public transportation), unless the re-
cipient certifies to the Administrator of the Federal
Transit Administration that the recipient has not fur-
rfrederick on DSKBCBPHB2PROD with HEARINGS
loughed any employees;
(iii) used to provide a Federal share of the costs for
any grant made under this section of 100 percent.
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36
(b) ALLOCATION OF FUNDS.—
(1) URBANIZED AREA FORMULA GRANTS.—
(A) IN GENERAL.—Of the amounts made available under
subsection (a), $26,086,580,227 shall be for grants to re-
cipients and subrecipients under section 5307 of title 49,
United States Code, and shall be administered as if such
funds were provided under section 5307 of such title.
(B) ALLOCATION.—Amounts made available under sub-
paragraph (A) shall be apportioned to urbanized areas
based on data contained in the National Transit Database
such that—
(i) each urbanized area shall receive an apportion-
ment of an amount that, when combined with
amounts that were otherwise made available to such
urbanized area for similar activities to prevent, pre-
pare for, and respond to coronavirus, is equal to 132
percent of the urbanized area’s 2018 operating costs;
and
(ii) for funds remaining after the apportionment de-
scribed in clause (i), such funds shall be apportioned
such that—
(I) each urbanized area that did not receive an
apportionment under clause (i) shall receive an
apportionment equal to 25 percent of the urban-
ized area’s 2018 operating costs; and
(II) each urbanized area under clause (i), when
the amounts that were otherwise made available,
prior to clause (i) to that urbanized area for simi-
lar activities to prevent, prepare for, and respond
to coronavirus are equal to or greater than 130
percent of the urbanized area’s 2018 operating
costs but do not exceed 132 percent of such costs,
such urbanized area shall receive an apportion-
ment equal to 10 percent of the urbanized area’s
2018 operating costs, in addition to amounts ap-
portioned to the urbanized area under clause (i).
(2) FORMULA GRANTS FOR THE ENHANCED MOBILITY OF SEN-
IORS AND INDIVIDUALS WITH DISABILITIES.—
(A) IN GENERAL.—Of the amounts made available under
subsection (a), $50,000,000 shall be for grants to recipients
or subrecipients eligible under section 5310 of title 49,
United States Code, and shall be apportioned in accord-
ance with such section.
(B) ALLOCATION RATIO.—Amounts made available under
subparagraph (A) shall be allocated in the same ratio as
funds were provided under section 5310 of title 49, United
States Code, for fiscal year 2020.
(3) FORMULA GRANTS FOR RURAL AREAS.—
(A) IN GENERAL.—Of the amounts made available under
subsection (a), $317,214,013 shall be for grants to recipi-
ents or subrecipients eligible under section 5311 of title 49,
United States Code, and shall be administered as if the
rfrederick on DSKBCBPHB2PROD with HEARINGS
funds were provided under section 5311 of such title, and
shall be apportioned in accordance with such section, ex-
cept as described in paragraph (B).
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37
(B) ALLOCATION RATIO.—Amounts made available under
subparagraph (A) to States, as defined in section 5302 of
title 49, United States Code, shall be allocated to such
States based on data contained in the National Transit
Database, such that—
(i) any State that received an amount for similar ac-
tivities to prevent, prepare for, and respond to
coronavirus that is equal to or greater than 150 per-
cent of the combined 2018 rural operating costs of the
recipients and subrecipients in such State shall re-
ceive an amount equal to 5 percent of such State’s
2018 rural operating costs;
(ii) any State that does not receive an allocation
under clause (i) that received an amount for similar
activities to prevent, prepare for, and respond to
coronavirus that is equal to or greater than 140 per-
cent of the combined 2018 rural operating costs of the
recipients and subrecipients in that State shall receive
an amount equal to 10 percent of such State’s 2018
rural operating costs; and
(iii) any State that does not receive an allocation
under clauses (i) or (ii) shall receive an amount equal
to 20 percent of such State’s 2018 rural operating
costs.
(4) CAPITAL INVESTMENTS.—
(A) IN GENERAL.—Of the amounts made available under
subsection (a)—
(i) $1,425,000,000 shall be for grants administered
under subsections (d) and (e) of section 5309 of title
49, United States Code, and section 3005(b) of the
FAST Act (Public Law 114–94); and
(ii) $250,000,000 shall be for grants administered
under subsection (h) of section 5309 of title 49, United
States Code.
(B) FUNDING DISTRIBUTION.—
(i) IN GENERAL.—Of the amounts made available in
subparagraph (A)(i), $1,250,000,000 shall be provided
to each recipient for all projects with existing full
funding grant agreements that received allocations for
fiscal year 2019 or 2020 and all projects under section
3005(b) of Public Law 114–94 that received allocations
for fiscal year 2019 or 2020, except that recipients
with projects open for revenue service are not eligible
to receive a grant under this subparagraph. Funds
shall be provided proportionally based on the non-cap-
ital investment grant or non-expedited project delivery
share of the amount allocated.
(ii) ALLOCATION.—Of the amounts made available in
subparagraph (A)(i), $175,000,000 shall be provided to
each recipient for all projects with existing full fund-
ing grant agreements that received an allocation only
prior to fiscal year 2019, except that projects open for
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revenue service are not eligible to receive a grant
under this subparagraph and no project may receive
more than 40 percent of the amounts provided under
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38
this clause. The Administrator of the Federal Transit
Administration shall proportionally distribute funds in
excess of such percent to recipients for which the per-
cent of funds does not exceed 40 percent. Funds shall
be provided proportionally based on the non-capital in-
vestment grant share of the amount allocated.
(iii) ELIGIBLE RECIPIENTS.—For amounts made avail-
able in subparagraph (A)(ii), eligible recipients shall
be any recipient of an allocation under subsection (h)
of section 5309 of title 49, United States Code, or an
applicant in the project development phase described
in paragraph (2) of such subsection.
(iv) AMOUNT.—Amounts distributed under clauses
(i), (ii), and (iii) of subparagraph (A) shall be provided
notwithstanding the limitation of any calculation of
the maximum amount of Federal financial assistance
for the project under subsection (k)(2)(C)(ii) or (h)(7) of
section 5309 of title 49, United States Code, or section
3005(b)(9) of the FAST Act (Public Law 114–94).
(5) SECTION 5311(F) SERVICES.—
(A) IN GENERAL.—Of the amounts made available under
subsection (a) and in addition to the amounts made avail-
able under paragraph (3), $100,000,000 shall be available
for grants to recipients for bus operators that partner with
recipients or subrecipients of funds under section 5311(f) of
title 49, United States Code.
(B) ALLOCATION RATIO.—Notwithstanding paragraph (3),
the Administrator of the Federal Transit Administration
shall allocate amounts under subparagraph (A) in the
same ratio as funds were provided under section 5311 of
title 49, United States Code, for fiscal year 2020.
(C) EXCEPTION.—If a State or territory does not have bus
providers eligible under section 5311(f) of title 49, United
States Code, funds under this paragraph may be used by
such State or territory for any expense eligible under sec-
tion 5311 of title 49, United States Code.
(6) PLANNING.—
(A) IN GENERAL.—Of the amounts made available under
subsection (a), $25,000,000 shall be for grants to recipients
eligible under section 5307 of title 49, United States Code,
for the planning of public transportation associated with
the restoration of services as the coronavirus public health
emergency concludes and shall be available in accordance
with such section.
(B) AVAILABILITY OF FUNDS FOR ROUTE PLANNING.—
Amounts made available under subparagraph (A) shall be
available for route planning designed to—
(i) increase ridership and reduce travel times, while
maintaining or expanding the total level of vehicle rev-
enue miles of service provided in the planning period;
or
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(ii) make service adjustments to increase the quality
or frequency of service provided to low-income riders
and disadvantaged neighborhoods or communities.
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39
(C) LIMITATION.—Amounts made available under sub-
paragraph (A) shall not be used for route planning related
to transitioning public transportation service provided as
of the date of receipt of funds to a transportation network
company or other third-party contract provider, unless the
existing provider of public transportation service is a third-
party contract provider.
(7) RECIPIENTS AND SUBRECIPIENTS REQUIRING ADDITIONAL
ASSISTANCE.—
(A) IN GENERAL.—Of the amounts made available under
subsection (a), $2,207,561,294 shall be for grants to eligible
recipients or subrecipients of funds under sections 5307 or
5311 of title 49, United States Code, that, as a result of
COVID–19, require additional assistance for costs related
to operations, personnel, cleaning, and sanitization com-
bating the spread of pathogens on transit systems, and
debt service payments incurred to maintain operations and
avoid layoffs and furloughs.
(B) ADMINISTRATION.—Funds made available under sub-
paragraph (A) shall, after allocation, be administered as if
provided under paragraph (1) or (3), as applicable.
(C) APPLICATION REQUIREMENTS.—
(i) IN GENERAL.—The Administrator of the Federal
Transit Administration may not allocate funds to an
eligible recipient or subrecipient of funds under chap-
ter 53 of title 49, United States Code, unless the re-
cipient provides to the Administrator—
(I) estimates of financial need;
(II) data on reductions in farebox or other
sources of local revenue for sustained operations;
(III) a spending plan for such funds; and
(IV) demonstration of expenditure of greater
than 90 percent of funds available to the applicant
from funds made available for similar activities in
fiscal year 2020.
(ii) DEADLINES.—The Administrator of the Federal
Transit Administration shall—
(I) not later than 180 days after the date of en-
actment of this Act, issue a Notice of Funding Op-
portunity for assistance under this paragraph; and
(II) not later than 120 days after the application
deadline established in the Notice of Funding Op-
portunity under subclause (I), make awards under
this paragraph to selected applicants.
(iii) EVALUATION.—
(I) IN GENERAL.—Applications for assistance
under this paragraph shall be evaluated by the
Administrator of the Federal Transit Administra-
tion based on the level of financial need dem-
onstrated by an eligible recipient or subrecipient,
including projections of future financial need to
maintain service as a percentage of the 2018 oper-
rfrederick on DSKBCBPHB2PROD with HEARINGS
ating costs that has not been replaced by the
funds made available to the eligible recipient or
subrecipient under paragraphs (1) through (5) of
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40
this subsection when combined with the amounts
allocated to such eligible recipient or subrecipient
from funds previously made available for the oper-
ating expenses of transit agencies related to the
response to the COVID–19 public health emer-
gency.
(II) RESTRICTION.—Amounts made available
under this paragraph shall only be available for
operating expenses.
(iv) STATE APPLICANTS.—A State may apply for as-
sistance under this paragraph on behalf of an eligible
recipient or subrecipient or a group of eligible recipi-
ents or subrecipients.
(D) UNOBLIGATED FUNDS.—If amounts made available
under this paragraph remain unobligated on September
30, 2023, such amounts shall be available for any purpose
eligible under sections 5307 or 5311 of title 49, United
States Code.
Page 365, strike lines 1 through 6 (and redesignate subpara-
graph (B) on line 7 and subparagraph (C) on line 9 as subpara-
graph (A) and subparagraph (B), respectively).
Page 370, beginning on line 9, strike ‘‘All airports receiving funds
under this section’’ and insert ‘‘As a condition for receiving funds
provided under this section, an airport’’.
Page 371, after line 4, insert the following:
(D) NONCOMPLIANCE.—Any financial assistance provided
under this section to an airport that fails to comply with
the workforce retention requirement described in subpara-
graph (A), and does not otherwise qualify for a waiver or
exception under this paragraph, shall be subject to
clawback by the Secretary.
Page 371, after line 22, insert the following:
SEC. 7008. EMERGENCY FAA EMPLOYEE LEAVE FUND.
(a) ESTABLISHMENT; APPROPRIATION.—There is established in the
Federal Aviation Administration an Emergency FAA Employee
Leave Fund (in this section referred to as the ‘‘Fund’’), to be admin-
istered by the Administrator of the Federal Aviation Administra-
tion, for the purposes set forth in subsection (b). In addition to
amounts otherwise available, there is appropriated for fiscal year
2021, out of any money in the Treasury not otherwise appropriated,
$9,000,000, which shall be deposited into the Fund and remain
available through September 30, 2022.
(b) PURPOSE.—Amounts in the Fund shall be available to the Ad-
ministrator for the use of paid leave under this section by any em-
ployee of the Administration who is unable to work because the
employee—
(1) is subject to a Federal, State, or local quarantine or isola-
tion order related to COVID–19;
(2) has been advised by a health care provider to self-quar-
antine due to concerns related to COVID–19;
(3) is caring for an individual who is subject to such an order
rfrederick on DSKBCBPHB2PROD with HEARINGS
or has been so advised;
(4) is experiencing symptoms of COVID–19 and seeking a
medical diagnosis;
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41
(5) is caring for a son or daughter of such employee if the
school or place of care of the son or daughter has been closed,
if the school of such son or daughter requires or makes op-
tional a virtual learning instruction model or requires or
makes optional a hybrid of in-person and virtual learning in-
struction models, or the child care provider of such son or
daughter is unavailable, due to COVID–19 precautions;
(6) is experiencing any other substantially similar condition;
(7) is caring for a family member with a mental or physical
disability or who is 55 years of age or older and incapable of
self-care, without regard to whether another individual other
than the employee is available to care for such family member,
if the place of care for such family member is closed or the di-
rect care provider is unavailable due to COVID–19; or
(8) is obtaining immunization related to COVID–19 or to re-
cover from any injury, disability, illness, or condition related to
such immunization.
(c) LIMITATIONS.—
(1) PERIOD OF AVAILABILITY.—Paid leave under this section
may only be provided to and used by an employee of the Ad-
ministration during the period beginning on the date of enact-
ment of this section and ending on September 30, 2021.
(2) TOTAL HOURS; AMOUNT.—Paid leave under this section—
(A) shall be provided to an employee of the Administra-
tion in an amount not to exceed 600 hours of paid leave
for each full-time employee, and in the case of a part-time
employee, employee on an uncommon tour of duty, or em-
ployee with a seasonal work schedule, in an amount not to
exceed the proportional equivalent of 600 hours to the ex-
tent amounts in the Fund remain available for reimburse-
ment;
(B) shall be paid at the same hourly rate as other leave
payments; and
(C) may not be provided to an employee if the leave
would result in payments greater than $2,800 in aggregate
for any biweekly pay period for a full-time employee, or a
proportionally equivalent biweekly limit for a part-time
employee.
(3) RELATIONSHIP TO OTHER LEAVE.—Paid leave under this
section—
(A) is in addition to any other leave provided to an em-
ployee of the Administration; and
(B) may not be used by an employee of the Administra-
tion concurrently with any other paid leave.
(4) CALCULATION OF RETIREMENT BENEFIT.—Any paid leave
provided to an employee of the Administration under this sec-
tion shall reduce the total service used to calculate any Federal
retirement benefit.
In the table of contents on page 7, insert after the item relating
to section 7007 the following:
Sec. 7008. Emergency FAA Employee Leave Fund.
Page 373, beginning on line 6, strike ‘‘, as supported by demon-
rfrederick on DSKBCBPHB2PROD with HEARINGS
strable evidence’’.
Page 373, beginning on line 17, strike ‘‘, as supported by demon-
strable evidence,’’.
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42
Page 376, strike lines 7 through 15 (and redesignate subsequent
paragraphs accordingly).
Page 378, line 13, strike ‘‘employer that’’ and all that follows
through ‘‘agrees to’’ and insert ‘‘employer that agrees to’’.
Page 378, line 22, strike ‘‘; and’’ and insert a period.
Page 378, strike line 23 and all that follows through page 379,
line 4.
Page 379, line 8, strike ‘‘any’’ and insert ‘‘the immediately pre-
ceding’’.
Page 384, beginning on line 15, strike ‘‘, as authorized by the In-
spector General Act of 1978’’.
Page 385, line 13, insert ‘‘in sections 1703(c)(1) and 1703(c)(5) of
such title’’ after ‘‘program’’.
Page 386, strike lines 16 through 23 and insert the following: ‘‘In
addition to amounts otherwise made available, there is appro-
priated to the Office of Inspector General of the Department of Vet-
erans Affairs for fiscal year 2021, out of any money in the Treasury
not otherwise appropriated, $10,000,000, to remain available until
expended, for audits, investigations, and other oversight of projects
and activities carried out with funds made available to the Depart-
ment of Veterans Affairs.’’.
Page 396, beginning on line 11, strike subsection (f).
Page 396, beginning on line 24, strike subsection (g).
Page 397, beginning on line 14, strike subsection (h).
Page 397, beginning on line 23, strike subsection (i).
Page 398, line 16, strike ‘‘(j)’’ and insert ‘‘(f)’’.
Page 398, line 18, strike ‘‘(k)’’ and insert ‘‘(g)’’.
Page 398, line 21, strike ‘‘(l)’’ and insert ‘‘(h)’’.
Page 399, beginning on line 3, strike subsection (m).
Page 400, line 4, strike ‘‘(n)’’ and insert ‘‘(i)’’.
Page 400, line 15, strike ‘‘not require a veteran to pay a’’ and in-
sert ‘‘provide for any’’.
Page 400, line 18, strike ‘‘the veteran’’ and insert ‘‘a veteran’’.
Page 401, line 9, insert ‘‘, except for health care furnished pursu-
ant to section 1703(c)(2)-(c)(4) of title 38, United States Code’’ be-
fore the period.
Page 401, after line 9, insert the following new section:
SEC. 8008. EMERGENCY DEPARTMENT OF VETERANS AFFAIRS EM-
PLOYEE LEAVE FUND.
(a) ESTABLISHMENT; APPROPRIATION.—There is established in the
Treasury the Emergency Department of Veterans Affairs Employee
Leave Fund (in this section referred to as the ‘‘Fund’’), to be admin-
istered by the Secretary of Veterans Affairs, for the purposes set
forth in subsection (b). In addition to amounts otherwise available,
there is appropriated for fiscal year 2021, out of any money in the
Treasury not otherwise appropriated, $80,000,000, which shall be
deposited into the Fund and remain available through September
20, 2022.
(b) PURPOSE.—Amounts in the Fund shall be available for pay-
ment to the Department of Veterans Affairs for the use of paid
leave by any covered employee who is unable to work because the
rfrederick on DSKBCBPHB2PROD with HEARINGS
employee—
(1) is subject to a Federal, State, or local quarantine or isola-
tion order related to COVID–19;
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43
(2) has been advised by a health care provider to self-quar-
antine due to concerns related to COVID–19;
(3) is caring for an individual who is subject to such an order
or has been so advised;
(4) is experiencing symptoms of COVID–19 and seeking a
medical diagnosis;
(5) is caring for a son or daughter of such employee if the
school or place of care of the son or daughter has been closed,
if the school of such son or daughter requires or makes op-
tional a virtual learning instruction model or requires or
makes optional a hybrid of in-person and virtual learning in-
struction models, or the child care provider of such son or
daughter is unavailable, due to COVID–19 precautions;
(6) is experiencing any other substantially similar condition;
(7) is caring for a family member with a mental or physical
disability or who is 55 years of age or older and incapable of
self-care, without regard to whether another individual other
than the employee is available to care for such family member,
if the place of care for such family member is closed or the di-
rect care provider is unavailable due to COVID–19; or
(8) is obtaining immunization related to COVID–19 or to re-
cover from any injury, disability, illness, or condition related to
such immunization.
(c) LIMITATIONS.—
(1) PERIOD OF AVAILABILITY.—Paid leave under this section
may only be provided to and used by a covered employee dur-
ing the period beginning on the date of enactment of this Act
and ending on September 30, 2021.
(2) TOTAL HOURS; AMOUNT.—Paid leave under this section—
(A) shall be provided to a covered employee in an
amount not to exceed 600 hours of paid leave for each full-
time employee, and in the case of a part-time employee,
employee on an uncommon tour of duty, or employee with
a seasonal work schedule, in an amount not to exceed the
proportional equivalent of 600 hours to the extent amounts
in the Fund remain available for reimbursement;
(B) shall be paid at the same hourly rate as other leave
payments; and
(C) may not be provided to a covered employee if the
leave would result in payments greater than $2,800 in ag-
gregate for any biweekly pay period for a full-time em-
ployee, or a proportionally equivalent biweekly limit for a
part-time employee.
(3) RELATIONSHIP TO OTHER LEAVE.—Paid leave under this
section—
(A) is in addition to any other leave provided to a cov-
ered employee; and
(B) may not be used by a covered employee concurrently
with any other paid leave.
(4) CALCULATION OF RETIREMENT BENEFIT.—Any paid leave
rfrederick on DSKBCBPHB2PROD with HEARINGS
provided to a covered employee under this section shall reduce
the total service used to calculate any Federal civilian retire-
ment benefit.
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44
(d) COVERED EMPLOYEE DEFINED.—In this section, the term ‘‘cov-
ered employee’’ means an employee of the Department of Veterans
Affairs appointed under chapter 74 of title 38, United States Code.
In the table of contents on page 8, insert after the item relating
to section 8007 the following:
Sec. 8008. Emergency Department of Veterans Affairs Employee Leave Fund.
Page 401, strike lines 14 through 16.
Page 404, strike line 20 and all that follows through page 405,
line 2.
Page 405, strike lines 17 through 20 and insert the following: ‘‘If
a State modifies its unemployment compensation law and policies,
subject to the succeeding sentence, with respect to personnel stand-
ards on a merit basis on an emergency temporary basis as needed
to respond to the spread of COVID-19, such modifications shall be
disregarded for the purposes of applying section 303 of the Social
Security Act and section 3304 of the Internal Revenue Code of 1986
to such State law. Such modifications shall only apply through Au-
gust 29, 2021, and shall be limited to engaging of temporary staff,
rehiring of retirees or former employees on a non-competitive basis,
and other temporary actions to quickly process applications and
claims.’’
Page 406, strike line 9 and all that follows through page 408, line
6, and insert the following:
(c) COORDINATION OF PANDEMIC EMERGENCY UNEMPLOYMENT
COMPENSATION WITH EXTENDED COMPENSATION.—Section
2107(a)(5)(B) of such Act (15 U.S.C. 9025(a)(5)(B)) is amended by
inserting ‘‘or for the week that includes the date of enactment of
the American Rescue Plan Act of 2021 (without regard to the
amendments made by subsections (a) and (b) of section 9016 of
such Act)’’ after ‘‘2020)’’.
Page 410, line 17, insert ‘‘and’’ after the semicolon.
Page 410, line 25, strike ‘‘; and’’ and insert a period.
Page 411, strikes lines 1 through 8.
Page 413, line 10, strike ‘‘may’’ and insert ‘‘shall’’.
Page 414, line 17, strike ‘‘and’’ and insert ‘‘or’’.
Page 415, line 3, strike ‘‘FUND’’ (and amend the table of con-
tents accordingly).
Page 415, line 6, strike ‘‘FUND’’.
Page 415, strike lines 7 through 16 and insert the following:
‘‘(1) APPROPRIATION.—In addition to amounts otherwise
available, there is appropriated for fiscal year 2021, out of any
money in the Treasury of the United States not otherwise ap-
propriated, $1,000,000,000, to remain available until expended,
to carry out this subsection.’’.
Page 415, line 17, strike ‘‘(3)’’ and insert ‘‘(2)’’.
Page 415, line 19, strike ‘‘(2)’’ and insert ‘‘(1)’’.
Page 415, line 23, strike ‘‘(4)’’ and insert ‘‘(3)’’.
Page 416, line 4, strike ‘‘(2)’’ and insert ‘‘(1)’’.
Page 416, line 5, strike ‘‘(3)’’ and insert ‘‘(2)’’.
Page 417, line 19, strike ‘‘(2)’’ and insert ‘‘(1)’’.
Page 417, line 20, strike ‘‘(3)’’ and insert ‘‘(2)’’.
Page 418, line 11, strike ‘‘(5)’’ and insert ‘‘(4)’’.
rfrederick on DSKBCBPHB2PROD with HEARINGS
Page 418, line 15, strike ‘‘(4)’’ and insert ‘‘(3)’’.
Page 418, line 19, strike ‘‘(4)’’ and insert ‘‘(3)’’.
Page 418, line 23, strike ‘‘(4)’’ and insert ‘‘(3)’’.
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45
Page 419, line 2, strike ‘‘(2)’’ and insert ‘‘(1)’’.
Page 419, line 7, strike ‘‘(6)’’ and insert ‘‘(5)’’.
Page 419, line 14, strike ‘‘(7)’’ and insert ‘‘(6)’’.
Page 420, strike line 17 and all that follows through page 421,
line 21 and insert the following:
‘‘(7) EXPENDITURE REPORTS.—On expending all funds pro-
vided to a State or Indian tribe under this subsection, the enti-
ty shall submit to the Secretary a written report that describes
how the funds were expended, which report shall be so sub-
mitted—
‘‘(A) if the entity is a State that is not a territory, within
90 days after expenditure; or
‘‘(B) if the entity is a territory or is operating a tribal
program funded under this part, within 120 days after ex-
penditure.’’.
Page 420, line 14, strike ‘‘(5)(B)’’ and insert ‘‘(4)(B)’’.
Page 421, line 22, strike ‘‘(9)’’ and insert ‘‘(8)’’.
Page 422, strike lines 1 through 3.
Page 422, line 4, strike ‘‘(11)’’ and insert ‘‘(9)’’.
Page 424, line 10, insert ‘‘, as defined by local adult protective
services statutes and regulations’’ before the 1st period.
Page 425, beginning on line 20, strike ‘‘to increase the capacity
of such a State to respond to COVID–19 by allowing such a State
to’’ and insert ‘‘for such a State to’’.
Page 426, strike lines 5 through 7.
Page 435, beginning on line 5, strike ‘‘A reviewing court shall
grant deference to such Secretary’s determination.’’.
Page 442, line 25, insert ‘‘Medicare’’ before ‘‘benefits’’.
Page 442, beginning on line 25, strike ‘‘under title XVIII of the
Social Security Act (42 U.S.C. 1395 et seq.)’’.
Page 446, strike lines 22 through 25, and insert the following:
‘‘(2) in the case of any group health plan not described in
paragraph (1)—
‘‘(A) which is subject to the COBRA continuation provi-
sions contained in—
‘‘(i) the Internal Revenue Code of 1986,
‘‘(ii) the Employee Retirement Income Security Act
of 1974, or
‘‘(iii) the Public Health Service Act, or
‘‘(B) under which some or all of the coverage is not pro-
vided by insurance,
the employer maintaining the plan, and’’.
Page 446, line 5, strike ‘‘Worker Health Coverage Protection Act’’
and insert ‘‘American Rescue Plan Act of 2021’’.
Page 447, beginning on 12, strike ‘‘sections 7001 and 7003 of the
Families First Coronavirus Response Act and section 2301 of the
CARES Act’’ and insert ‘‘sections 3131, 3132, and 3134’’.
Page 449, beginning on line 18, strike ‘‘No amount for which a
credit is allowed under this section shall be taken into account as
qualified wages under section 2301 of the CARES Act or as quali-
fied health plan expenses under section 7001(d) or 7003(d) of the
Families First Coronavirus Response Act.’’ and insert ‘‘No credit
rfrederick on DSKBCBPHB2PROD with HEARINGS
shall be allowed under this section with respect to any amount
which is taken into account as qualified wages under section 2301
of the CARES Act or section 3134 of this title or as qualified health
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46
plan expenses under section 7001(d) or 7003(d) of the Families
First Coronavirus Response Act or section 3131 or 3132 of this
title.’’.
Page 449, after line 22, insert the following:
‘‘(f) EXTENSION OF LIMITATION ON ASSESSMENT.—Notwith-
standing section 6501, the limitation on the time period for the as-
sessment of any amount attributable to a credit claimed under this
section shall not expire before the date that is 5 years after the
later of—
‘‘(1) the date on which the original return which includes the
calendar quarter with respect to which such credit is deter-
mined is filed, or
‘‘(2) the date on which such return is treated as filed under
section 6501(b)(2).’’.
Page 449, line 23, strike ‘‘(f)’’ and insert ‘‘(g)’’.
Page 452, line 24, strike ‘‘Worker Health Coverage Protection
Act’’ and insert ‘‘American Rescue Plan Act of 2021’’.
Page 453, beginning on line 8, strike ‘‘Worker Health Coverage
Protection Act’’ and insert ‘‘American Rescue Plan Act of 2021’’.
Page 454, line 3, strike ‘‘Worker Health Coverage Protection Act’’
and insert ‘‘American Rescue Plan Act of 2021’’.
Page 454, beginning on line 22, strike ‘‘Worker Health Coverage
Protection Act’’ and insert ‘‘American Rescue Plan Act of 2021’’.
Page 462, strike line 24 and all that follows through page 464,
line 15, and insert the following:
‘‘(3) TIMING AND MANNER OF PAYMENTS.—The Secretary
shall, subject to the provisions of this title and consistent with
rules similar to the rules of subparagraphs (B) and (C) of sec-
tion 6428A(f)(3), refund or credit any overpayment attributable
to this subsection as rapidly as possible, consistent with a
rapid effort to make payments attributable to such overpay-
ments electronically if appropriate. No refund or credit shall be
made or allowed under this subsection after December 31,
2021.’’.
Page 466, strike line 17 and all that follows through page 467,
line 15, and insert the following:
‘‘(6) APPLICATION TO CERTAIN INDIVIDUALS WHO HAVE NOT
FILED A RETURN OF TAX FOR 2019 OR 2020 AT TIME OF DETER-
MINATION.—In the case of any individual who, at the time of
any determination made pursuant to paragraph (3), has filed
a tax return for neither the year described in paragraph (1) nor
for the year described in paragraph (5)(A), the Secretary shall,
consistent with rules similar to the rules of section
6428A(f)(5)(H)(i), apply paragraph (1) on the basis of informa-
tion available to the Secretary and shall, on the basis of such
information, determine the advance refund amount with re-
spect to such individual without regard to subsection (d) unless
the Secretary has reason to know that such amount would oth-
erwise be reduced by reason of such subsection.’’.
Page 467, strike line 21 and all that follows through page 468,
line 6.
Page 468, line 7, strike ‘‘(9)’’ and insert ‘‘(8)’’.
rfrederick on DSKBCBPHB2PROD with HEARINGS
Page 469, strike ‘‘In conducting’’ on line 19 and all that follows
through ‘‘such taxpayers.’’ on line 23.
Page 473, strike lines 7 through 9.
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47
Page 473, line 10, strike ‘‘(B)’’ and insert ‘‘(A)’’.
Page 473, line 13, strike ‘‘(C)’’ and insert ‘‘(B)’’.
Page 474, line 9, insert ‘‘of which up to $20,000,000 is available
for premium pay for services related to the development of informa-
tion technology as determined by the Commissioner of the Internal
Revenue occurring between January 1, 2020 and December 31,
2022, and all of’’ before ‘‘which shall’’.
Page 474, line 21, strike ‘‘activates’’ and insert ‘‘activities’’.
Page 475, strike line 1 and all that follows through page 476, line
9.
Page 480, strike lines 10 through 14, and insert the following:
‘‘(a) IN GENERAL.—The Secretary shall establish a program for
making periodic payments to taxpayers which, in the aggregate
during any calendar year, equal the annual advance amount deter-
mined with respect to such taxpayer for such calendar year. Except
as provided in subsection (b)(3)(B), the periodic payments made to
any taxpayer for any calendar year shall be in equal amounts.’’.
Page 480, line 21, insert ‘‘50 percent of’’ after ‘‘equal to’’.
Page 483, line 2, strike ‘‘monthly’’ and insert ‘‘periodic’’.
Page 483, line 5, strike ‘‘monthly’’ and insert ‘‘periodic’’.
Page 483, beginning on line 14, strike ‘‘the Secretary may, for
purposes of paragraph (1)(A), infer such status (or the lack thereof)
from such information as is so contained or from other sources’’ and
insert ‘‘the Secretary shall, for purposes of paragraph (1)(A), deter-
mine such status based on information known to the Secretary’’.
Page 485, strike lines 4 through 14.
Page 485, strike line 15 and all that follows through page 488,
line 7, and insert the following:
‘‘(e) ADMINISTRATIVE PROVISIONS.—
‘‘(1) APPLICATION OF ELECTRONIC FUNDS PAYMENT REQUIRE-
MENT.—The payments made by the Secretary under subsection
(a) shall be made by electronic funds transfer to the same ex-
tent and in the same manner as if such payments were Federal
payments not made under this title.
‘‘(2) APPLICATION OF CERTAIN RULES.—Rules similar to the
rules of subparagraphs (B) and (C) of section 6428A(f)(3) shall
apply for purposes of this section.
‘‘(3) EXCEPTION FROM REDUCTION OR OFFSET.—Any payment
made to any individual under this section shall not be—
‘‘(A) subject to reduction or offset pursuant to subsection
(c), (d), (e), or (f) of section 6402, or
‘‘(B) reduced or offset by other assessed Federal taxes
that would otherwise be subject to levy or collection.
‘‘(4) APPLICATION OF ADVANCE PAYMENTS IN THE POSSESSIONS
OF THE UNITED STATES.—
‘‘(A) IN GENERAL.—The advance payment amount deter-
mined under this section shall be determined—
‘‘(i) by applying section 24(i)(1) without regard to the
phrase ‘or is a bona fide resident of Puerto Rico (with-
in the meaning of section 937(a))’, and
‘‘(ii) without regard to section 24(k)(3)(C)(ii)(I).
‘‘(B) MIRROR CODE POSSESSIONS.—In the case of any pos-
rfrederick on DSKBCBPHB2PROD with HEARINGS
session of the United States with a mirror code tax system
(as defined in section 24(k)), this section shall not be treat-
ed as part of the income tax laws of the United States for
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48
purposes of determining the income tax law of such posses-
sion unless such possession elects to have this section be
so treated.
‘‘(C) ADMINISTRATIVE EXPENSES OF ADVANCE PAY-
MENTS.—
‘‘(i) MIRROR CODE POSSESSIONS.—In the case of any
possession described in subparagraph (B) which makes
the election described in such subparagraph, the
amount otherwise paid by the Secretary to such pos-
session under section 24(k)(1)(A) with respect to tax-
able years beginning in 2021 shall be increased by
$300,000 if such possession has a plan, which has
been approved by the Secretary, for making advance
payments consistent with such election.
‘‘(ii) AMERICAN SAMOA.—The amount otherwise paid
by the Secretary to American Samoa under subpara-
graph (A) of section 24(k)(3) with respect to taxable
years beginning in 2021 shall be increased by
$300,000 if the plan described in subparagraph (B) of
such section includes a program, which has been ap-
proved by the Secretary, for making advance pay-
ments under rules similar to the rules of this section.
‘‘(iii) TIMING OF PAYMENT.—The Secretary may pay,
upon the request of the possession of the United
States to which the payment is to be made, the
amount of the increase determined under clause (i) or
(ii) immediately upon approval of the plan referred to
in such clause, respectively.’’.
Page 488, line 8, strike ‘‘(g)’’ and insert ‘‘(f)’’.
Page 488, line 11, strike ‘‘month beginning’’ and insert ‘‘period’’.
Page 488, line 13, strike ‘‘month beginning’’ and insert ‘‘period’’.
Page 488, line 15, strike ‘‘(h)’’ and insert ‘‘(g)’’.
Page 496, line 12, strike ‘‘section 7527A(f)(5)(A)’’ and insert ‘‘sec-
tion 7527A(e)(5)(A)’’.
Page 501, strike line 8 and all that follows through page 502, line
4, and insert the following:
‘‘(E) QUALIFIED HOMELESS YOUTH.—For purposes of this
paragraph, the term ‘qualified homeless youth’ means,
with respect to any taxable year, an individual who cer-
tifies, in a manner as provided by the Secretary, that such
individual is either an unaccompanied youth who is a
homeless child or youth, or is unaccompanied, at risk of
homelessness, and self-supporting.’’.
Page 503, line 19, strike ‘‘December 31 2020’’ and insert ‘‘Decem-
ber 31, 2020’’.
Page 509, strike line 21 and all that follows through page 511,
line 25, and insert the following:
‘‘(4) RULES RELATED TO PAYMENTS.—
‘‘(A) TIMING OF PAYMENTS.—The Secretary shall make
payments under paragraph (1) for any calendar year—
‘‘(i) after receipt of such information as the Secretary
may require to determine such payments, and
rfrederick on DSKBCBPHB2PROD with HEARINGS
‘‘(ii) except as provided in clause (i), within a reason-
able period of time before the due date for individual
income tax returns (as determined under the laws of
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49
Puerto Rico) for taxable years which began on the first
day of such calendar year.
‘‘(B) INFORMATION.—The Secretary may require the re-
porting of such information as the Secretary may require
to carry out this subsection.
‘‘(C) DETERMINATION OF COST OF EARNED INCOME TAX
CREDIT.—For purposes of this subsection, the cost to Puer-
to Rico of the earned income tax credit shall be determined
by the Secretary on the basis of the laws of Puerto Rico
and shall include reductions in revenues received by Puer-
to Rico by reason of such credit and refunds attributable
to such credit, but shall not include any administrative
costs with respect to such credit.’’.
Page 512, beginning on line 21, strike ‘‘(C), and (D)’’ and insert
‘‘and (C)’’.
Page 514, beginning on line 18, strike ‘‘(C), and (D)’’ and insert
‘‘and (C)’’.
Page 523, strike line 16 and all that follows through page 536,
line 17, and insert the following:
PART 5—CREDITS FOR PAID SICK AND FAMILY
LEAVE
SEC. 9641. PAYROLL CREDITS.
(a) IN GENERAL.—Chapter 21 of the Internal Revenue Code of
1986 is amended by adding at the end the following new sub-
chapter:
‘‘Subchapter D—Credits
‘‘Sec. 3131. Credit for paid sick leave.
‘‘Sec. 3132. Payroll credit for paid family leave.
‘‘Sec. 3133. Special rule related to tax on employers.
‘‘SEC. 3131. CREDIT FOR PAID SICK LEAVE.
‘‘(a) IN GENERAL.—In the case of an employer, there shall be al-
lowed as a credit against applicable employment taxes for each cal-
endar quarter an amount equal to 100 percent of the qualified sick
leave wages paid by such employer with respect to such calendar
quarter.
‘‘(b) LIMITATIONS AND REFUNDABILITY.—
‘‘(1) WAGES TAKEN INTO ACCOUNT.—The amount of qualified
sick leave wages taken into account under subsection (a) with
respect to any individual shall not exceed $200 ($511 in the
case of any day any portion of which is paid sick time de-
scribed in paragraph (1), (2), or (3) of section 5102(a) of the
Emergency Paid Sick Leave Act, applied with the modification
described in subsection (c)(2)(A)(i)) for any day (or portion
thereof) for which the individual is paid qualified sick leave
wages.
‘‘(2) OVERALL LIMITATION ON NUMBER OF DAYS TAKEN INTO
ACCOUNT.—The aggregate number of days taken into account
rfrederick on DSKBCBPHB2PROD with HEARINGS
under paragraph (1) for any calendar quarter shall not exceed
the excess (if any) of—
‘‘(A) 10, over
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50
‘‘(B) the aggregate number of days so taken into account
during preceding calendar quarters in such calendar year
(other than the first quarter of calendar year 2021).
‘‘(3) CREDIT LIMITED TO CERTAIN EMPLOYMENT TAXES.—The
credit allowed by subsection (a) with respect to any calendar
quarter shall not exceed the applicable employment taxes for
such calendar quarter on the wages paid with respect to the
employment of all employees of the employer.
‘‘(4) REFUNDABILITY OF EXCESS CREDIT.—
‘‘(A) CREDIT IS REFUNDABLE.—If the amount of the credit
under subsection (a) exceeds the limitation of paragraph
(3) for any calendar quarter, such excess shall be treated
as an overpayment that shall be refunded under sections
6402(a) and 6413(b).
‘‘(B) ADVANCING CREDIT.—In anticipation of the credit,
including the refundable portion under subparagraph (A),
the credit shall be advanced, according to forms and in-
structions provided by the Secretary, up to an amount cal-
culated under subsection (a), subject to the limits under
paragraph (1) and (2), all calculated through the end of the
most recent payroll period in the quarter.
‘‘(c) QUALIFIED SICK LEAVE WAGES.—For purposes of this sec-
tion—
‘‘(1) IN GENERAL.—The term ‘qualified sick leave wages’
means wages paid by an employer which would be required to
be paid by reason of the Emergency Paid Sick Leave Act as if
such Act applied after March 31, 2021.
‘‘(2) RULES OF APPLICATION.—For purposes of determining
whether wages are qualified sick leave wages under paragraph
(1)—
‘‘(A) IN GENERAL.—The Emergency Paid Sick Leave Act
shall be applied—
‘‘(i) by inserting ‘, the employee is seeking or await-
ing the results of a diagnostic test for, or a medical di-
agnosis of, COVID-19 and such employee has been ex-
posed to COVID-19 or the employee’s employer has re-
quested such test or diagnosis, or the employee is ob-
taining immunization related to COVID–19 or recov-
ering from any injury, disability, illness, or condition
related to such immunization’ after ‘medical diagnosis’
in section 5102(a)(3) thereof, and
‘‘(ii) by applying section 5102(b)(1) of such Act sepa-
rately with respect to each calendar year after 2020
(and, in the case of calendar year 2021, without regard
to the first quarter thereof).
‘‘(B) LEAVE MUST MEET REQUIREMENTS.—If an employer
fails to comply with any requirement of such Act (deter-
mined without regard to section 5109 thereof) with respect
to paid sick time (as defined in section 5110 of such Act),
amounts paid by such employer with respect to such paid
sick time shall not be taken into account as qualified sick
leave wages. For purposes of the preceding sentence, an
rfrederick on DSKBCBPHB2PROD with HEARINGS
employer which takes an action described in section 5104
of such Act shall be treated as failing to meet a require-
ment of such Act.
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51
‘‘(d) ALLOWANCE OF CREDIT FOR CERTAIN HEALTH PLAN EX-
PENSES.—
‘‘(1) IN GENERAL.—The amount of the credit allowed under
subsection (a) shall be increased by so much of the employer’s
qualified health plan expenses as are properly allocable to the
qualified sick leave wages for which such credit is so allowed.
‘‘(2) QUALIFIED HEALTH PLAN EXPENSES.—For purposes of
this subsection, the term ‘qualified health plan expenses’
means amounts paid or incurred by the employer to provide
and maintain a group health plan (as defined in section
5000(b)(1)), but only to the extent that such amounts are ex-
cluded from the gross income of employees by reason of section
106(a).
‘‘(3) ALLOCATION RULES.—For purposes of this section, quali-
fied health plan expenses shall be allocated to qualified sick
leave wages in such manner as the Secretary may prescribe.
Except as otherwise provided by the Secretary, such allocation
shall be treated as properly made if made on the basis of being
pro rata among covered employees and pro rata on the basis
of periods of coverage (relative to the time periods of leave to
which such wages relate).
‘‘(e) DEFINITIONS AND SPECIAL RULES.—
‘‘(1) APPLICABLE EMPLOYMENT TAXES.—For purposes of this
section, the term ‘applicable employment taxes’ means the fol-
lowing:
‘‘(A) The taxes imposed under section 3111(b).
‘‘(B) So much of the taxes imposed under section 3221(a)
as are attributable to the rate in effect under section
3111(b).
‘‘(2) WAGES.—For purposes of this section, the term ‘wages’
means wages (as defined in section 3121(a), determined with-
out regard to paragraphs (1) through (22) of section 3121(b))
and compensation (as defined in section 3231(e), determined
without regard to the sentence in paragraph (1) thereof which
begins ‘Such term does not include remuneration’).
‘‘(3) DENIAL OF DOUBLE BENEFIT.—For purposes of chapter 1,
the gross income of the employer, for the taxable year which
includes the last day of any calendar quarter with respect to
which a credit is allowed under this section, shall be increased
by the amount of such credit. Any wages taken into account in
determining the credit allowed under this section shall not be
taken into account for purposes of determining the credit al-
lowed under sections 45A, 45P, 45S, 51, 3132, and 3134. In the
case of any credit allowed under section 2301 of the CARES
Act or section 41 with respect to wages taken into account
under this section, the credit allowed under this section shall
be reduced by the portion of the credit allowed under such sec-
tion 2301 or section 41 which is attributable to such wages.
‘‘(4) ELECTION TO NOT TAKE CERTAIN WAGES INTO ACCOUNT.—
This section shall not apply to so much of the qualified sick
leave wages paid by an eligible employer as such employer
elects (at such time and in such manner as the Secretary may
rfrederick on DSKBCBPHB2PROD with HEARINGS
prescribe) to not take into account for purposes of this section.
‘‘(5) CERTAIN GOVERNMENTAL EMPLOYERS.—No credit shall be
allowed under this section to the Government of the United
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52
States or to any agency or instrumentality thereof. The pre-
ceding sentence shall not apply to any organization described
in section 501(c)(1) and exempt from tax under section 501(a).
‘‘(6) EXTENSION OF LIMITATION ON ASSESSMENT.—Notwith-
standing section 6501, the limitation on the time period for the
assessment of any amount attributable to a credit claimed
under this section shall not expire before the date that is 5
years after the later of—
‘‘(A) the date on which the original return which in-
cludes the calendar quarter with respect to which such
credit is determined is filed, or
‘‘(B) the date on which such return is treated as filed
under section 6501(b)(2).
‘‘(f) REGULATIONS.—The Secretary shall prescribe such regula-
tions or other guidance as may be necessary to carry out the pur-
poses of this section, including—
‘‘(1) regulations or other guidance to prevent the avoidance
of the purposes of the limitations under this section,
‘‘(2) regulations or other guidance to minimize compliance
and record-keeping burdens under this section,
‘‘(3) regulations or other guidance providing for waiver of
penalties for failure to deposit amounts in anticipation of the
allowance of the credit allowed under this section,
‘‘(4) regulations or other guidance for recapturing the benefit
of credits determined under this section in cases where there
is a subsequent adjustment to the credit determined under
subsection (a),
‘‘(5) regulations or other guidance to ensure that the wages
taken into account under this section conform with the paid
sick time required to be provided under the Emergency Paid
Sick Leave Act, and
‘‘(6) regulations or other guidance to permit the advancement
of the credit determined under subsection (a).
‘‘(g) APPLICATION OF SECTION.—This section shall apply only to
wages paid with respect to the period beginning on April 1, 2021,
and ending on September 30, 2021.
‘‘(h) TREATMENT OF DEPOSITS.—The Secretary shall waive any
penalty under section 6656 for any failure to make a deposit of ap-
plicable employment taxes if the Secretary determines that such
failure was due to the anticipation of the credit allowed under this
section.
‘‘(i) NON-DISCRIMINATION REQUIREMENT.—No credit shall be al-
lowed under this section to any employer for any calendar quarter
if such employer, with respect to the availability of the provision
of qualified sick leave wages to which this section otherwise applies
for such calendar quarter, discriminates in favor of highly com-
pensated employees (within the meaning of section 414(q)), full-
time employees, or employees on the basis of employment tenure
with such employer.
‘‘SEC. 3132. PAYROLL CREDIT FOR PAID FAMILY LEAVE.
‘‘(a) IN GENERAL.—In the case of an employer, there shall be al-
lowed as a credit against applicable employment taxes for each cal-
rfrederick on DSKBCBPHB2PROD with HEARINGS
endar quarter an amount equal to 100 percent of the qualified fam-
ily leave wages paid by such employer with respect to such cal-
endar quarter.
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53
‘‘(b) LIMITATIONS AND REFUNDABILITY.—
‘‘(1) WAGES TAKEN INTO ACCOUNT.—The amount of qualified
family leave wages taken into account under subsection (a)
with respect to any individual shall not exceed—
‘‘(A) for any day (or portion thereof) for which the indi-
vidual is paid qualified family leave wages, $200, and
‘‘(B) in the aggregate with respect to all calendar quar-
ters, $12,000.
‘‘(2) CREDIT LIMITED TO CERTAIN EMPLOYMENT TAXES.—The
credit allowed by subsection (a) with respect to any calendar
quarter shall not exceed the applicable employment taxes for
such calendar quarter (reduced by any credits allowed under
section 3131) on the wages paid with respect to the employ-
ment of all employees of the employer.
‘‘(3) REFUNDABILITY OF EXCESS CREDIT.—
‘‘(A) CREDIT IS REFUNDABLE.—If the amount of the credit
under subsection (a) exceeds the limitation of paragraph
(2) for any calendar quarter, such excess shall be treated
as an overpayment that shall be refunded under sections
6402(a) and 6413(b).
‘‘(B) ADVANCING CREDIT.—In anticipation of the credit,
including the refundable portion under subparagraph (A),
the credit shall be advanced, according to forms and in-
structions provided by the Secretary, up to an amount cal-
culated under subsection (a), subject to the limits under
paragraph (1) and (2), all calculated through the end of the
most recent payroll period in the quarter.
‘‘(c) QUALIFIED FAMILY LEAVE WAGES.—
‘‘(1) IN GENERAL.—For purposes of this section, the term
‘qualified family leave wages’ means wages paid by an em-
ployer which would be required to be paid by reason of the
Emergency Family and Medical Leave Expansion Act (includ-
ing the amendments made by such Act) as if such Act (and
amendments made by such Act) applied after March 31, 2021.
‘‘(2) RULES OF APPLICATION.—
‘‘(A) IN GENERAL.—For purposes of determining whether
wages are qualified family leave wages under paragraph
(1)—
‘‘(i) section 110(a)(2)(A) of the Family and Medical
Leave Act of 1993 shall be applied by inserting ‘or any
reason for leave described in section 5102(a) of the
Families First Coronavirus Response Act, or the em-
ployee is seeking or awaiting the results of a diag-
nostic test for, or a medical diagnosis of, COVID-19
and such employee has been exposed to COVID-19 or
the employee’s employer has requested such test or di-
agnosis, or the employee is obtaining immunization re-
lated to COVID–19 or recovering from any injury, dis-
ability, illness, or condition related to such immuniza-
tion’ after ‘public health emergency’, and
‘‘(ii) section 110(b) of such Act shall be applied—
‘‘(I) without regard to paragraph (1) thereof,
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‘‘(II) by striking ‘after taking leave after such
section for 10 days’ in paragraph (2)(A) thereof,
and
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54
‘‘(III) by substituting ‘$12,000’ for ‘$10,000’ in
paragraph (2)(B)(ii) thereof.
‘‘(B) LEAVE MUST MEET REQUIREMENTS.—For purposes of
determining whether wages would be required to be paid
under paragraph (1), if an employer fails to comply with
any requirement of the Family and Medical Leave Act of
1993 or the Emergency Family and Medical Leave Expan-
sion Act (determined without regard to any time limitation
under section 102(a)(1)(F) of the Family and Medical
Leave Act of 1994) with respect to any leave provided for
a qualifying need related to a public health emergency (as
defined in section 110 of such Act, applied as described in
subparagraph (A)(i)), amounts paid by such employer with
respect to such leave shall not be taken into account as
qualified family leave wages. For purposes of the preceding
sentence, an employer which takes an action described in
section 105 of the Family and Medical Leave Act of 1993
shall be treated as failing to meet a requirement of such
Act.
‘‘(d) ALLOWANCE OF CREDIT FOR CERTAIN HEALTH PLAN EX-
PENSES.—
‘‘(1) IN GENERAL.—The amount of the credit allowed under
subsection (a) shall be increased by so much of the employer’s
qualified health plan expenses as are properly allocable to the
qualified family leave wages for which such credit is so al-
lowed.
‘‘(2) QUALIFIED HEALTH PLAN EXPENSES.—For purposes of
this subsection, the term ‘qualified health plan expenses’
means amounts paid or incurred by the employer to provide
and maintain a group health plan (as defined in section
5000(b)(1)), but only to the extent that such amounts are ex-
cluded from the gross income of employees by reason of section
106(a).
‘‘(3) ALLOCATION RULES.—For purposes of this section, quali-
fied health plan expenses shall be allocated to qualified family
leave wages in such manner as the Secretary may prescribe.
Except as otherwise provided by the Secretary, such allocation
shall be treated as properly made if made on the basis of being
pro rata among covered employees and pro rata on the basis
of periods of coverage (relative to the time periods of leave to
which such wages relate).
‘‘(e) DEFINITIONS AND SPECIAL RULES.—
‘‘(1) APPLICABLE EMPLOYMENT TAXES.—For purposes of this
section, the term ‘applicable employment taxes’ means the fol-
lowing:
‘‘(A) The taxes imposed under section 3111(b).
‘‘(B) So much of the taxes imposed under section 3221(a)
as are attributable to the rate in effect under section
3111(b).
‘‘(2) WAGES.—For purposes of this section, the term ‘wages’
means wages (as defined in section 3121(a), determined with-
out regard to paragraphs (1) through (22) of section 3121(b))
rfrederick on DSKBCBPHB2PROD with HEARINGS
and compensation (as defined in section 3231(e), determined
without regard to the sentence in paragraph (1) thereof which
begins ‘Such term does not include remuneration’).
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55
‘‘(3) DENIAL OF DOUBLE BENEFIT.—For purposes of chapter 1,
the gross income of the employer, for the taxable year which
includes the last day of any calendar quarter with respect to
which a credit is allowed under this section, shall be increased
by the amount of such credit. Any wages taken into account in
determining the credit allowed under this section shall not be
taken into account for purposes of determining the credit al-
lowed under sections 45A, 45P, 45S, 51, 3131, and 3134. In the
case of any credit allowed under section 2301 of the CARES
Act or section 41 with respect to wages taken into account
under this section, the credit allowed under this section shall
be reduced by the portion of the credit allowed under such sec-
tion 2301 or section 41 which is attributable to such wages.
‘‘(4) ELECTION TO NOT TAKE CERTAIN WAGES INTO ACCOUNT.—
This section shall not apply to so much of the qualified family
leave wages paid by an eligible employer as such employer
elects (at such time and in such manner as the Secretary may
prescribe) to not take into account for purposes of this section.
‘‘(5) CERTAIN GOVERNMENTAL EMPLOYERS.—No credit shall be
allowed under this section to the Government of the United
States or to any agency or instrumentality thereof. The pre-
ceding sentence shall not apply to any organization described
in section 501(c)(1) and exempt from tax under section 501(a).
‘‘(6) EXTENSION OF LIMITATION ON ASSESSMENT.—Notwith-
standing section 6501, the limitation on the time period for the
assessment of any amount attributable to a credit claimed
under this section shall not expire before the date that is 5
years after the later of—
‘‘(A) the date on which the original return which in-
cludes the calendar quarter with respect to which such
credit is determined is filed, or
‘‘(B) the date on which such return is treated as filed
under section 6501(b)(2).
‘‘(f) REGULATIONS.—The Secretary shall prescribe such regula-
tions or other guidance as may be necessary to carry out the pur-
poses of this section, including—
‘‘(1) regulations or other guidance to prevent the avoidance
of the purposes of the limitations under this section,
‘‘(2) regulations or other guidance to minimize compliance
and record-keeping burdens under this section,
‘‘(3) regulations or other guidance providing for waiver of
penalties for failure to deposit amounts in anticipation of the
allowance of the credit allowed under this section,
‘‘(4) regulations or other guidance for recapturing the benefit
of credits determined under this section in cases where there
is a subsequent adjustment to the credit determined under
subsection (a),
‘‘(5) regulations or other guidance to ensure that the wages
taken into account under this section conform with the paid
leave required to be provided under the Emergency Family and
Medical Leave Expansion Act (including the amendments
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made by such Act), and
‘‘(6) regulations or other guidance to permit the advancement
of the credit determined under subsection (a).
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56
‘‘(g) APPLICATION OF SECTION.—This section shall apply only to
wages paid with respect to the period beginning on April 1, 2021,
and ending on September 30, 2021.
‘‘(h) TREATMENT OF DEPOSITS.—The Secretary shall waive any
penalty under section 6656 for any failure to make a deposit of ap-
plicable employment taxes if the Secretary determines that such
failure was due to the anticipation of the credit allowed under this
section.
‘‘(i) NON-DISCRIMINATION REQUIREMENT.—No credit shall be al-
lowed under this section to any employer for any calendar quarter
if such employer, with respect to the availability of the provision
of qualified family leave wages to which this section otherwise ap-
plies for such calendar quarter, discriminates in favor of highly
compensated employees (within the meaning of section 414(q)), full-
time employees, or employees on the basis of employment tenure
with such employer.
‘‘SEC. 3133. SPECIAL RULE RELATED TO TAX ON EMPLOYERS.
‘‘(a) IN GENERAL.—The credit allowed by section 3131 and the
credit allowed by section 3132 shall each be increased by the
amount of the taxes imposed by subsections (a) and (b) of section
3111 and section 3221(a) on qualified sick leave wages, or qualified
family leave wages, for which credit is allowed under such section
3131 or 3132 (respectively).
‘‘(b) DENIAL OF DOUBLE BENEFIT.—For denial of double benefit
with respect to the credit increase under subsection (a), see sec-
tions 3131(e)(3) and 3132(e)(3).’’.
(b) REFUNDS.—Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting ‘‘3131, 3132,’’ before ‘‘6428’’.
(c) CLERICAL AMENDMENT.—The table of subchapters for chapter
21 of the Internal Revenue Code of 1986 is amended by adding at
the end the following new item:
‘‘SUBCHAPTER D—CREDITS’’.
(d) EFFECTIVE DATE.—The amendments made by this section
shall apply to amounts paid with respect to calendar quarters be-
ginning after March 31, 2021.
SEC. 9642. CREDIT FOR SICK LEAVE FOR CERTAIN SELF-EMPLOYED
INDIVIDUALS.
(a) IN GENERAL.—In the case of an eligible self-employed indi-
vidual, there shall be allowed as a credit against the tax imposed
by chapter 1 of the Internal Revenue Code of 1986 for any taxable
year an amount equal to the qualified sick leave equivalent amount
with respect to the individual.
(b) ELIGIBLE SELF-EMPLOYED INDIVIDUAL.—For purposes of this
section—
(1) IN GENERAL.—The term ‘‘eligible self-employed indi-
vidual’’ means an individual who—
(A) regularly carries on any trade or business within the
meaning of section 1402 of the Internal Revenue Code of
1986, and
(B) would be entitled to receive paid leave during the
taxable year pursuant to the Emergency Paid Sick Leave
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Act if—
(i) the individual were an employee of an employer
(other than himself or herself), and
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57
(ii) such Act applied after March 31, 2021.
(2) RULES OF APPLICATION.—For purposes of paragraph
(1)(B), in determining whether an individual would be entitled
to receive paid leave under the Emergency Paid Sick Leave
Act, such Act shall be applied—
(A) by inserting ‘‘, the employee is seeking or awaiting
the results of a diagnostic test for, or a medical diagnosis
of, COVID-19 and such employee has been exposed to
COVID-19 or is unable to work pending the results of such
test or diagnosis, or the employee is obtaining immuniza-
tion related to COVID–19 or recovering from any injury,
disability, illness, or condition related to such immuniza-
tion’’ after ‘‘medical diagnosis’’ in section 5102(a)(3) of such
Act, and
(B) by applying section 5102(b)(1) of such Act separately
with respect to each taxable year.
(c) QUALIFIED SICK LEAVE EQUIVALENT AMOUNT.—For purposes
of this section—
(1) IN GENERAL.—The term ‘‘qualified sick leave equivalent
amount’’ means, with respect to any eligible self-employed indi-
vidual, an amount equal to—
(A) the number of days during the taxable year (but not
more than 10) that the individual is unable to perform
services in any trade or business referred to in section
1402 of the Internal Revenue Code of 1986 for a reason
with respect to which such individual would be entitled to
receive sick leave as described in subsection (b), multiplied
by
(B) the lesser of—
(i) $200 ($511 in the case of any day of paid sick
time described in paragraph (1), (2), or (3) of section
5102(a) of the Emergency Paid Sick Leave Act, applied
with the modification described in subsection (b)(2)(A))
of this section, or
(ii) 67 percent (100 percent in the case of any day
of paid sick time described in paragraph (1), (2), or (3)
of section 5102(a) of the Emergency Paid Sick Leave
Act) of the average daily self-employment income of
the individual for the taxable year.
(2) AVERAGE DAILY SELF-EMPLOYMENT INCOME.—For pur-
poses of this subsection, the term ‘‘average daily self-employ-
ment income’’ means an amount equal to—
(A) the net earnings from self-employment of the indi-
vidual for the taxable year, divided by
(B) 260.
(3) ELECTION TO USE PRIOR YEAR NET EARNINGS FROM SELF-
EMPLOYMENT INCOME.—In the case of an individual who elects
(at such time and in such manner as the Secretary may pro-
vide) the application of this paragraph, paragraph (2)(A) shall
be applied by substituting ‘‘the prior taxable year’’ for ‘‘the tax-
able year’’.
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(4) ELECTION TO NOT TAKE DAYS INTO ACCOUNT.—Any day
shall not be taken into account under paragraph (1)(A) if the
eligible self-employed individual elects (at such time and in
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58
such manner as the Secretary may prescribe) to not take such
day into account for purposes of such paragraph.
(d) CREDIT REFUNDABLE.—
(1) IN GENERAL.—The credit determined under this section
shall be treated as a credit allowed to the taxpayer under sub-
part C of part IV of subchapter A of chapter 1 of such Code.
(2) TREATMENT OF PAYMENTS.—For purposes of section 1324
of title 31, United States Code, any refund due from the credit
determined under this section shall be treated in the same
manner as a refund due from a credit provision referred to in
subsection (b)(2) of such section.
(e) SPECIAL RULES.—
(1) DOCUMENTATION.—No credit shall be allowed under this
section unless the individual maintains such documentation as
the Secretary may prescribe to establish such individual as an
eligible self-employed individual.
(2) DENIAL OF DOUBLE BENEFIT.—In the case of an individual
who receives wages (as defined in section 3121(a) of the Inter-
nal Revenue Code of 1986) or compensation (as defined in sec-
tion 3231(e) of such Code) paid by an employer which are re-
quired to be paid by reason of the Emergency Paid Sick Leave
Act, the qualified sick leave equivalent amount otherwise de-
termined under subsection (c) of this section shall be reduced
(but not below zero) to the extent that the sum of the amount
described in such subsection and in section 3131(b)(1) of such
Code exceeds $2,000 ($5,110 in the case of any day any portion
of which is paid sick time described in paragraph (1), (2), or
(3) of section 5102(a) of the Emergency Paid Sick Leave Act).
(f) APPLICATION OF SECTION.—Only days occurring during the pe-
riod beginning on April 1, 2021, and ending on September 30, 2021,
may be taken into account under subsection (c)(1)(A).
(g) APPLICATION OF CREDIT IN CERTAIN POSSESSIONS.—
(1) PAYMENTS TO POSSESSIONS WITH MIRROR CODE TAX SYS-
TEMS.—The Secretary shall pay to each possession of the
United States which has a mirror code tax system amounts
equal to the loss (if any) to that possession by reason of the ap-
plication of the provisions of this section. Such amounts shall
be determined by the Secretary based on information provided
by the government of the respective possession.
(2) PAYMENTS TO OTHER POSSESSIONS.—The Secretary shall
pay to each possession of the United States which does not
have a mirror code tax system amounts estimated by the Sec-
retary as being equal to the aggregate benefits (if any) that
would have been provided to residents of such possession by
reason of the provisions of this section if a mirror code tax sys-
tem had been in effect in such possession. The preceding sen-
tence shall not apply unless the respective possession has a
plan, which has been approved by the Secretary, under which
such possession will promptly distribute such payments to its
residents.
(3) MIRROR CODE TAX SYSTEM.—For purposes of this section,
the term ‘‘mirror code tax system’’ means, with respect to any
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possession of the United States, the income tax system of such
possession if the income tax liability of the residents of such
possession under such system is determined by reference to the
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59
income tax laws of the United States as if such possession
were the United States.
(4) TREATMENT OF PAYMENTS.—For purposes of section 1324
of title 31, United States Code, the payments under this sub-
section shall be treated in the same manner as a refund due
from a credit provision referred to in subsection (b)(2) of such
section.
(h) REGULATIONS.—The Secretary shall prescribe such regula-
tions or other guidance as may be necessary to carry out the pur-
poses of this section, including—
(1) regulations or other guidance to effectuate the purposes
of this section, and
(2) regulations or other guidance to minimize compliance and
record-keeping burdens under this section.
SEC. 9643. CREDIT FOR FAMILY LEAVE FOR CERTAIN SELF-EMPLOYED
INDIVIDUALS.
(a) IN GENERAL.—In the case of an eligible self-employed indi-
vidual, there shall be allowed as a credit against the tax imposed
by chapter 1 of the Internal Revenue Code of 1986 for any taxable
year an amount equal to 100 percent of the qualified family leave
equivalent amount with respect to the individual.
(b) ELIGIBLE SELF-EMPLOYED INDIVIDUAL.—For purposes of this
section—
(1) IN GENERAL.—The term ‘‘eligible self-employed indi-
vidual’’ means an individual who—
(A) regularly carries on any trade or business within the
meaning of section 1402 of the Internal Revenue Code of
1986, and
(B) would be entitled to receive paid leave during the
taxable year pursuant to the Emergency Family and Med-
ical Leave Expansion Act if—
(i) the individual were an employee of an employer
(other than himself or herself),
(ii) section 102(a)(1)(F) of the Family and Medical
Leave Act of 1993 applied after March 31, 2021.
(2) RULES OF APPLICATION.—For purposes of paragraph
(1)(B), in determining whether an individual would be entitled
to receive paid leave under the Emergency Family and Medical
Leave Act—
(A) section 110(a)(2)(A) of the Family and Medical Leave
Act of 1993 shall be applied by inserting ‘‘or any reason for
leave described in section 5102(a) of the Families First
Coronavirus Response Act, or the employee is seeking or
awaiting the results of a diagnostic test for, or a medical
diagnosis of, COVID-19 and such employee has been ex-
posed to COVID-19 or is unable to work pending the re-
sults of such test or diagnosis, or the employee is obtaining
immunization related to COVID–19 or recovering from any
injury, disability, illness, or condition related to such im-
munization’’ after ‘‘public health emergency’’, and
(B) section 110(b) of such Act shall be applied—
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(i) without regard to paragraph (1) thereof, and
(ii) by striking ‘‘after taking leave after such section
for 10 days’’ in paragraph (2)(A) thereof.
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60
(c) QUALIFIED FAMILY LEAVE EQUIVALENT AMOUNT.—For pur-
poses of this section—
(1) IN GENERAL.—The term ‘‘qualified family leave equivalent
amount’’ means, with respect to any eligible self-employed indi-
vidual, an amount equal to the product of—
(A) the number of days (not to exceed 60) during the tax-
able year that the individual is unable to perform services
in any trade or business referred to in section 1402 of the
Internal Revenue Code of 1986 for a reason with respect
to which such individual would be entitled to receive paid
leave as described in subsection (b) of this section, multi-
plied by
(B) the lesser of—
(i) 67 percent of the average daily self-employment
income of the individual for the taxable year, or
(ii) $200.
(2) AVERAGE DAILY SELF-EMPLOYMENT INCOME.—For pur-
poses of this subsection, the term ‘‘average daily self-employ-
ment income’’ means an amount equal to—
(A) the net earnings from self-employment income of the
individual for the taxable year, divided by
(B) 260.
(3) ELECTION TO USE PRIOR YEAR NET EARNINGS FROM SELF-
EMPLOYMENT INCOME.—In the case of an individual who elects
(at such time and in such manner as the Secretary may pro-
vide) the application of this paragraph, paragraph (2)(A) shall
be applied by substituting ‘‘the prior taxable year’’ for ‘‘the tax-
able year’’.
(4) COORDINATION WITH CREDIT FOR SICK LEAVE.—Any day
taken into account in determining the qualified sick leave
equivalent amount with respect to any eligible-self employed
individual under section 9642 shall not be take into account in
determining the qualified family leave equivalent amount with
respect to such individual under this section.
(d) CREDIT REFUNDABLE.—
(1) IN GENERAL.—The credit determined under this section
shall be treated as a credit allowed to the taxpayer under sub-
part C of part IV of subchapter A of chapter 1 of such Code.
(2) TREATMENT OF PAYMENTS.—For purposes of section 1324
of title 31, United States Code, any refund due from the credit
determined under this section shall be treated in the same
manner as a refund due from a credit provision referred to in
subsection (b)(2) of such section.
(e) SPECIAL RULES.—
(1) DOCUMENTATION.—No credit shall be allowed under this
section unless the individual maintains such documentation as
the Secretary may prescribe to establish such individual as an
eligible self-employed individual.
(2) DENIAL OF DOUBLE BENEFIT.—In the case of an individual
who receives wages (as defined in section 3121(a) of the Inter-
nal Revenue Code of 1986) or compensation (as defined in sec-
tion 3231(e) of such Code) paid by an employer which are re-
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quired to be paid by reason of the Emergency Family and Med-
ical Leave Expansion Act, the qualified family leave equivalent
amount otherwise described in subsection (c) of this section
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61
shall be reduced (but not below zero) to the extent that the
sum of the amount described in such subsection and in section
3132(b)(1) of such Code exceeds $12,000.
(3) REFERENCES TO EMERGENCY FAMILY AND MEDICAL LEAVE
EXPANSION ACT.—Any reference in this section to the Emer-
gency Family and Medical Leave Expansion Act shall be treat-
ed as including a reference to the amendments made by such
Act.
(f) APPLICATION OF SECTION.—Only days occurring during the pe-
riod beginning on April 1, 2021 and ending on September 30, 2021,
may be taken into account under subsection (c)(1)(A).
(g) APPLICATION OF CREDIT IN CERTAIN POSSESSIONS.—
(1) PAYMENTS TO POSSESSIONS WITH MIRROR CODE TAX SYS-
TEMS.—The Secretary shall pay to each possession of the
United States which has a mirror code tax system amounts
equal to the loss (if any) to that possession by reason of the ap-
plication of the provisions of this section. Such amounts shall
be determined by the Secretary based on information provided
by the government of the respective possession.
(2) PAYMENTS TO OTHER POSSESSIONS.—The Secretary shall
pay to each possession of the United States which does not
have a mirror code tax system amounts estimated by the Sec-
retary as being equal to the aggregate benefits (if any) that
would have been provided to residents of such possession by
reason of the provisions of this section if a mirror code tax sys-
tem had been in effect in such possession. The preceding sen-
tence shall not apply unless the respective possession has a
plan, which has been approved by the Secretary, under which
such possession will promptly distribute such payments to its
residents.
(3) MIRROR CODE TAX SYSTEM.—For purposes of this section,
the term ‘‘mirror code tax system’’ means, with respect to any
possession of the United States, the income tax system of such
possession if the income tax liability of the residents of such
possession under such system is determined by reference to the
income tax laws of the United States as if such possession
were the United States.
(4) TREATMENT OF PAYMENTS.—For purposes of section 1324
of title 31, United States Code, the payments under this sub-
section shall be treated in the same manner as a refund due
from a credit provision referred to in subsection (b)(2) of such
section.
(h) REGULATIONS.—The Secretary shall prescribe such regula-
tions or other guidance as may be necessary to carry out the pur-
poses of this section, including—
(1) regulations or other guidance to prevent the avoidance of
the purposes of this section, and
(2) regulations or other guidance to minimize compliance and
record-keeping burdens under this section.
In the table of contents on page 10, strike each of the items relat-
ing to sections 9641 through 9650 and insert the following:
Sec. 9641. Payroll credits.
Sec. 9642. Credit for sick leave for certain self-employed individuals.
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Sec. 9643. Credit for family leave for certain self-employed individuals.
Page 536, strike line 18 and all that follows through page 537,
line 15, and insert the following:
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62
PART 6—EMPLOYEE RETENTION CREDIT
SEC. 9651. EXTENSION OF EMPLOYEE RETENTION CREDIT.
(a) IN GENERAL.—Subchapter D of chapter 21 of subtitle C of the
Internal Revenue Code of 1986, as added by section 9641, is
amended by adding at the end the following:
‘‘SEC. 3134. EMPLOYEE RETENTION CREDIT FOR EMPLOYERS SUB-
JECT TO CLOSURE DUE TO COVID–19.
‘‘(a) IN GENERAL.—In the case of an eligible employer, there shall
be allowed as a credit against applicable employment taxes for each
calendar quarter an amount equal to 70 percent of the qualified
wages with respect to each employee of such employer for such cal-
endar quarter.
‘‘(b) LIMITATIONS AND REFUNDABILITY.—
‘‘(1) WAGES TAKEN INTO ACCOUNT.—The amount of qualified
wages with respect to any employee which may be taken into
account under subsection (a) by the eligible employer for any
calendar quarter shall not exceed $10,000.
‘‘(2) CREDIT LIMITED TO EMPLOYMENT TAXES.—The credit al-
lowed by subsection (a) with respect to any calendar quarter
shall not exceed the applicable employment taxes (reduced by
any credits allowed under sections 3131 and 3132) on the
wages paid with respect to the employment of all the employ-
ees of the eligible employer for such calendar quarter.
‘‘(3) REFUNDABILITY OF EXCESS CREDIT.—If the amount of the
credit under subsection (a) exceeds the limitation of paragraph
(2) for any calendar quarter, such excess shall be treated as an
overpayment that shall be refunded under sections 6402(a) and
6413(b).
‘‘(c) DEFINITIONS.—For purposes of this section—
‘‘(1) APPLICABLE EMPLOYMENT TAXES.—The term ‘applicable
employment taxes’ means the following:
‘‘(A) The taxes imposed under section 3111(b).
‘‘(B) So much of the taxes imposed under section 3221(a)
as are attributable to the rate in effect under section
3111(b).
‘‘(2) ELIGIBLE EMPLOYER.—
‘‘(A) IN GENERAL.—The term ‘eligible employer’ means
any employer—
‘‘(i) which was carrying on a trade or business dur-
ing the calendar quarter for which the credit is deter-
mined under subsection (a), and
‘‘(ii) with respect to any calendar quarter, for
which—
‘‘(I) the operation of the trade or business de-
scribed in clause (i) is fully or partially suspended
during the calendar quarter due to orders from an
appropriate governmental authority limiting com-
merce, travel, or group meetings (for commercial,
social, religious, or other purposes) due to the
coronavirus disease 2019 (COVID–19), or
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‘‘(II) the gross receipts (within the meaning of
section 448(c)) of such employer for such calendar
quarter are less than 80 percent of the gross re-
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63
ceipts of such employer for the same calendar
quarter in calendar year 2019.
With respect to any employer for any calendar quar-
ter, if such employer was not in existence as of the be-
ginning of the same calendar quarter in calendar year
2019, clause (ii)(II) shall be applied by substituting
‘2020’ for ‘2019’.
‘‘(B) ELECTION TO USE ALTERNATIVE QUARTER.—At the
election of the employer—
‘‘(i) subparagraph (A)(ii)(II) shall be applied—
‘‘(I) by substituting ‘for the immediately pre-
ceding calendar quarter’ for ‘for such calendar
quarter’, and
‘‘(II) by substituting ‘the corresponding calendar
quarter in calendar year 2019’ for ‘the same cal-
endar quarter in calendar year 2019’, and
‘‘(ii) the last sentence of subparagraph (A) shall be
applied by substituting ‘the corresponding calendar
quarter in calendar year 2019’ for ‘the same calendar
quarter in calendar year 2019’.
An election under this subparagraph shall be made at such
time and in such manner as the Secretary shall prescribe.
‘‘(C) TAX-EXEMPT ORGANIZATIONS.—In the case of an or-
ganization which is described in section 501(c) and exempt
from tax under section 501(a)—
‘‘(i) clauses (i) and (ii)(I) of subparagraph (A) shall
apply to all operations of such organization, and
‘‘(ii) any reference in this section to gross receipts
shall be treated as a reference to gross receipts within
the meaning of section 6033.
‘‘(3) QUALIFIED WAGES.—
‘‘(A) IN GENERAL.—The term ‘qualified wages’ means—
‘‘(i) in the case of an eligible employer for which the
average number of full-time employees (within the
meaning of section 4980H) employed by such eligible
employer during 2019 was greater than 500, wages
paid by such eligible employer with respect to which
an employee is not providing services due to cir-
cumstances described in subclause (I) or (II) of para-
graph (2)(A)(ii), or
‘‘(ii) in the case of an eligible employer for which the
average number of full-time employees (within the
meaning of section 4980H) employed by such eligible
employer during 2019 was not greater than 500—
‘‘(I) with respect to an eligible employer de-
scribed in subclause (I) of paragraph (2)(A)(ii),
wages paid by such eligible employer with respect
to an employee during any period described in
such clause, or
‘‘(II) with respect to an eligible employer de-
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scribed in subclause (II) of such paragraph, wages
paid by such eligible employer with respect to an
employee during such quarter.
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64
‘‘(B) EXCEPTION.—The term ‘qualified wages’ shall not
include any wages taken into account under sections 41,
45A, 45P, 45S, 51, 1396, 3131, and 3132.
‘‘(4) WAGES.—
‘‘(A) IN GENERAL.—The term ‘wages’ means wages (as de-
fined in section 3121(a)) and compensation (as defined in
section 3231(e)). For purposes of the preceding sentence, in
the case of any organization or entity described in sub-
section (f)(2), wages as defined in section 3121(a) shall be
determined without regard to paragraphs (5), (6), (7), (10),
and (13) of section 3121(b) (except with respect to services
performed in a penal institution by an inmate thereof).
‘‘(B) ALLOWANCE FOR CERTAIN HEALTH PLAN EXPENSES.—
‘‘(i) IN GENERAL.—Such term shall include amounts
paid by the eligible employer to provide and maintain
a group health plan (as defined in section 5000(b)(1)),
but only to the extent that such amounts are excluded
from the gross income of employees by reason of sec-
tion 106(a).
‘‘(ii) ALLOCATION RULES.—For purposes of this sec-
tion, amounts treated as wages under clause (i) shall
be treated as paid with respect to any employee (and
with respect to any period) to the extent that such
amounts are properly allocable to such employee (and
to such period) in such manner as the Secretary may
prescribe. Except as otherwise provided by the Sec-
retary, such allocation shall be treated as properly
made if made on the basis of being pro rata among pe-
riods of coverage.
‘‘(5) OTHER TERMS.—Any term used in this section which is
also used in this chapter or chapter 22 shall have the same
meaning as when used in such chapter.
‘‘(d) AGGREGATION RULE.—All persons treated as a single em-
ployer under subsection (a) or (b) of section 52, or subsection (m)
or (o) of section 414, shall be treated as one employer for purposes
of this section.
‘‘(e) CERTAIN RULES TO APPLY.—For purposes of this section,
rules similar to the rules of sections 51(i)(1) and 280C(a) shall
apply.
‘‘(f) CERTAIN GOVERNMENTAL EMPLOYERS.—
‘‘(1) IN GENERAL.—This credit shall not apply to the Govern-
ment of the United States, the government of any State or po-
litical subdivision thereof, or any agency or instrumentality of
any of the foregoing.
‘‘(2) EXCEPTION.—Paragraph (1) shall not apply to—
‘‘(A) any organization described in section 501(c)(1) and
exempt from tax under section 501(a), or
‘‘(B) any entity described in paragraph (1) if—
‘‘(i) such entity is a college or university, or
‘‘(ii) the principal purpose or function of such entity
is providing medical or hospital care.
In the case of any entity described in subparagraph (B),
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such entity shall be treated as satisfying the requirements
of subsection (c)(2)(A)(i).
‘‘(g) ELECTION TO NOT TAKE CERTAIN WAGES INTO ACCOUNT.—
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65
‘‘(1) IN GENERAL.—This section shall not apply to so much of
the qualified wages paid by an eligible employer as such em-
ployer elects (at such time and in such manner as the Sec-
retary may prescribe) to not take into account for purposes of
this section.
‘‘(2) APPLICATION WHERE CERTAIN LOANS NOT FORGIVEN.—
The Secretary shall issue guidance providing that payroll costs
paid during the covered period shall not fail to be treated as
qualified wages under this section by reason of paragraph (1)
to the extent that—
‘‘(A) a covered loan of the taxpayer under section 7(a)(37)
of the Small Business Act is not forgiven by reason of a de-
cision under section 7(a)(37)(J) of such Act, or
‘‘(B) a covered loan of the taxpayer under section 7A of
the Small Business Act is not forgiven by reason of a deci-
sion under section 7A(g) of such Act.
‘‘(h) THIRD PARTY PAYORS.—Any credit allowed under this section
shall be treated as a credit described in section 3511(d)(2).
‘‘(i) ADVANCE PAYMENTS.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2), no
advance payment of the credit under subsection (a) shall be al-
lowed.
‘‘(2) ADVANCE PAYMENTS TO SMALL EMPLOYERS.—
‘‘(A) IN GENERAL.—Under rules provided by the Sec-
retary, an eligible employer for which the average number
of full-time employees (within the meaning of section
4980H) employed by such eligible employer during 2019
was not greater than 500 may elect for any calendar quar-
ter to receive an advance payment of the credit under sub-
section (a) for such quarter in an amount not to exceed 70
percent of the average quarterly wages paid by the em-
ployer in calendar year 2019.
‘‘(B) SPECIAL RULE FOR SEASONAL EMPLOYERS.—In the
case of any employer who employs seasonal workers (as
defined in section 45R(d)(5)(B)), the employer may elect to
substitute ‘the wages for the calendar quarter in 2019
which corresponds to the calendar quarter to which the
election relates’ for ‘the average quarterly wages paid by
the employer in calendar year 2019’.
‘‘(C) SPECIAL RULE FOR EMPLOYERS NOT IN EXISTENCE IN
2019.—In the case of any employer that was not in exist-
ence in 2019, subparagraphs (A) and (B) shall each be ap-
plied by substituting ‘2020’ for ‘2019’ each place it appears.
‘‘(3) RECONCILIATION OF CREDIT WITH ADVANCE PAYMENTS.—
‘‘(A) IN GENERAL.—The amount of credit which would
(but for this subsection) be allowed under this section shall
be reduced (but not below zero) by the aggregate payment
allowed to the taxpayer under paragraph (2). Any failure
to so reduce the credit shall be treated as arising out of a
mathematical or clerical error and assessed according to
section 6213(b)(1).
‘‘(B) EXCESS ADVANCE PAYMENTS.—If the advance pay-
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ments to a taxpayer under paragraph (2) for a calendar
quarter exceed the credit allowed by this section (deter-
mined without regard to subparagraph (A)), the tax im-
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66
posed under section 3111(b) or so much of the tax imposed
under section 3221(a) as is attributable to the rate in effect
under section 3111(b) (whichever is applicable) for the cal-
endar quarter shall be increased by the amount of such ex-
cess.
‘‘(j) TREATMENT OF DEPOSITS.—The Secretary shall waive any
penalty under section 6656 for any failure to make a deposit of any
applicable employment taxes if the Secretary determines that such
failure was due to the reasonable anticipation of the credit allowed
under this section.
‘‘(k) EXTENSION OF LIMITATION ON ASSESSMENT.—Notwith-
standing section 6501, the limitation on the time period for the as-
sessment of any amount attributable to a credit claimed under this
section shall not expire before the date that is 5 years after the
later of—
‘‘(1) the date on which the original return which includes the
calendar quarter with respect to which such credit is deter-
mined is filed, or
‘‘(2) the date on which such return is treated as filed under
section 6501(b)(2).
‘‘(l) REGULATIONS AND GUIDANCE.—The Secretary shall issue
such forms, instructions, regulations, and guidance as are nec-
essary—
‘‘(1) to allow the advance payment of the credit under sub-
section (a) as provided in subsection (i)(2), subject to the limita-
tions provided in this section, based on such information as the
Secretary shall require,
‘‘(2) with respect to the application of the credit under sub-
section (a) to third party payors (including professional em-
ployer organizations, certified professional employer organiza-
tions, or agents under section 3504), including regulations or
guidance allowing such payors to submit documentation nec-
essary to substantiate the eligible employer status of employ-
ers that use such payors, and
‘‘(3) to prevent the avoidance of the purposes of the limita-
tions under this section, including through the leaseback of
employees.
Any forms, instructions, regulations, or guidance described in para-
graph (2) shall require the customer to be responsible for the ac-
counting of the credit and for any liability for improperly claimed
credits and shall require the certified professional employer organi-
zation or other third party payor to accurately report such tax cred-
its based on the information provided by the customer.
‘‘(m) APPLICATION.—This section shall only apply to wages paid
after June 30, 2021, and before January 1, 2022.’’.
(b) REFUNDS.—Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting ‘‘3134,’’ before ‘‘6428’’.
(c) CLERICAL AMENDMENT.—The table of sections for subchapter
D of chapter 21 of subtitle C of the Internal Revenue Code of 1986
is amended by adding at the end the following:
‘‘Sec. 3134. Employee retention credit for employers subject to closure due to
COVID–19.’’.
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(d) EFFECTIVE DATE.—The amendments made by this section
shall apply to calendar quarters beginning after June 30, 2021.
Page 544, after line 2, insert the following:
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67
SEC. 9674. MODIFICATION OF EXCEPTIONS FOR REPORTING OF THIRD
PARTY NETWORK TRANSACTIONS.
(a) IN GENERAL.—Section 6050W(e) of the Internal Revenue Code
of 1986 is amended to read as follows:
‘‘(e) DE MINIMIS EXCEPTION FOR THIRD PARTY SETTLEMENT OR-
GANIZATIONS.—A third party settlement organization shall not be
required to report any information under subsection (a) with re-
spect to third party network transactions of any participating
payee if the amount which would otherwise be reported under sub-
section (a)(2) with respect to such transactions does not exceed
$600.’’.
(b) CLARIFICATION THAT REPORTING IS NOT REQUIRED ON TRANS-
ACTIONS WHICH ARE NOT FOR GOODS OR SERVICES.—Section
6050W(c)(3) of such Code is amended by inserting ‘‘described in
subsection (d)(3)(A)(iii)’’ after ‘‘any transaction’’.
(c) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendment made by subsection (a)
shall apply to returns for calendar years beginning after De-
cember 31, 2021.
(2) CLARIFICATION.—The amendment made by subsection (b)
shall apply to transactions after the date of the enactment of
this Act.
In the table of contents on page 10, insert after the item relating
to section 9673 the following:
Sec. 9674. Modification of exceptions for reporting of third party network trans-
actions.
Page 544, strike lines 4 through 6 (and amend the table of con-
tents accordingly).
Page 548, strike line 22 and all that follows through page 549,
line 5, and insert the following: ‘‘of the Internal Revenue Code of
1986, the plan’s funding improvement period or rehabilitation pe-
riod, whichever is applicable, shall be extended by 5 years.’’.
Page 553, strike line 16 and all that follows through page 568,
line 9, and insert the following:
SEC. 9704. SPECIAL FINANCIAL ASSISTANCE PROGRAM FOR FINAN-
CIALLY TROUBLED MULTIEMPLOYER PLANS.
(a) APPROPRIATION.—Section 4005 of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1305) is amended by adding
at the end the following:
‘‘(i)(1) An eighth fund shall be established for special financial as-
sistance to multiemployer pension plans, as provided under section
4262, and to pay for necessary administrative and operating ex-
penses of the corporation relating to such assistance.
‘‘(2) There is appropriated from the general fund such amounts
as are necessary for the costs of providing financial assistance
under section 4262 and necessary administrative and operating ex-
penses of the corporation. The eighth fund established under this
subsection shall be credited with amounts from time to time as the
Secretary of the Treasury, in conjunction with the Director of the
Pension Benefit Guaranty Corporation, determines appropriate,
from the general fund of the Treasury, but in no case shall such
transfers occur after September 30, 2030.’’.
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(b) FINANCIAL ASSISTANCE AUTHORITY.—The Employee Retire-
ment Income Security Act of 1974 is amended by inserting after
section 4261 of such Act (29 U.S.C. 1431) the following:
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68
‘‘SEC. 4262. SPECIAL FINANCIAL ASSISTANCE BY THE CORPORATION.
‘‘(a) SPECIAL FINANCIAL ASSISTANCE.—
‘‘(1) IN GENERAL.—The corporation shall provide special fi-
nancial assistance to an eligible multiemployer plan under this
section, upon the application of a plan sponsor of such a plan
for such assistance.
‘‘(2) INAPPLICABILITY OF CERTAIN REPAYMENT OBLIGATION.—A
plan receiving special financial assistance pursuant to this sec-
tion shall not be subject to repayment obligations with respect
to such special financial assistance.
‘‘(b) ELIGIBLE MULTIEMPLOYER PLANS.—
‘‘(1) IN GENERAL.—For purposes of this section, a multiem-
ployer plan is an eligible multiemployer plan if—
‘‘(A) the plan is in critical and declining status (within
the meaning of section 305(b)(6)) in any plan year begin-
ning in 2020 through 2022;
‘‘(B) a suspension of benefits has been approved with re-
spect to the plan under section 305(e)(9) as of the date of
the enactment of this section;
‘‘(C) in any plan year beginning in 2020 through 2022,
the plan is certified by the plan actuary to be in critical
status (within the meaning of section 305(b)(2)), has a
modified funded percentage of less than 40 percent, and
has a ratio of active to inactive participants which is less
than 2 to 3; or
‘‘(D) the plan became insolvent for purposes of section
418E of the Internal Revenue Code of 1986 after December
16, 2014, and has remained so insolvent and has not been
terminated as of the date of enactment of this section.
‘‘(2) MODIFIED FUNDED PERCENTAGE.—For purposes of para-
graph (1)(C), the term ‘modified funded percentage’ means the
percentage equal to a fraction the numerator of which is cur-
rent value of plan assets (as defined in section 3(26) of such
Act) and the denominator of which is current liabilities (as de-
fined in section 431(c)(6)(D) of such Code and section
304(c)(6)(D) of such Act).
‘‘(c) APPLICATIONS FOR SPECIAL FINANCIAL ASSISTANCE.—Within
120 days of the date of enactment of this section, the corporation
shall issue regulations or guidance setting forth requirements for
special financial assistance applications under this section. In such
regulations or guidance, the corporation shall—
‘‘(1) limit the materials required for a special financial assist-
ance application to the minimum necessary to make a deter-
mination on the application;
‘‘(2) specify effective dates for transfers of special financial
assistance following approval of an application, based on the
effective date of the supporting actuarial analysis and the date
on which the application is submitted; and
‘‘(3) provide for an alternate application for special financial
assistance under this section, which may be used by a plan
that has been approved for a partition under section 4233 be-
fore the date of enactment of this section.
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‘‘(d) TEMPORARY PRIORITY CONSIDERATION OF APPLICATIONS.—
‘‘(1) IN GENERAL.—The corporation may specify in regulations
or guidance under subsection (c) that, during a period no
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69
longer than the first 2 years following the date of enactment
of this section, applications may not be filed by an eligible mul-
tiemployer plan unless—
‘‘(A) the eligible multiemployer plan is insolvent or is
likely to become insolvent within 5 years of the date of en-
actment of this section;
‘‘(B) the corporation projects the eligible multiemployer
plan to have a present value of financial assistance pay-
ments under section 4261 that exceeds $1,000,000,000 if
the special financial assistance is not ordered;
‘‘(C) the eligible multiemployer plan has implemented
benefit suspensions under section 305(e)(9) as of the date
of the enactment of this section; or
‘‘(D) the corporation determines it appropriate based on
other similar circumstances.
‘‘(e) ACTUARIAL ASSUMPTIONS.—
‘‘(1) ELIGIBILITY.—For purposes of determining eligibility for
special financial assistance, the corporation shall accept as-
sumptions incorporated in a multiemployer plan’s determina-
tion that it is in critical status or critical and declining status
(within the meaning of section 305(b)) for certifications of plan
status completed before January 1, 2021, unless such assump-
tions are clearly erroneous. For certifications of plan status
completed after December 31, 2020, a plan shall determine
whether it is in critical or critical and declining status for pur-
poses of eligibility for special financial assistance by using the
assumptions that the plan used in its most recently completed
certification of plan status before January 1, 2021, unless such
assumptions (excluding the plan’s interest rate) are unreason-
able.
‘‘(2) AMOUNT OF FINANCIAL ASSISTANCE.—In determining the
amount of special financial assistance in its application, an eli-
gible multiemployer plan shall—
‘‘(A) use the interest rate used by the plan in its most
recently completed certification of plan status before Janu-
ary 1, 2021, provided that such interest rate may not ex-
ceed the interest rate limit; and
‘‘(B) for other assumptions, use the assumptions that the
plan used in its most recently completed certification of
plan status before January 1, 2021, unless such assump-
tions are unreasonable.
‘‘(3) INTEREST RATE.—The interest rate limit for purposes of
this subsection is the rate specified in section 303(h)(2)(C)(iii)
(disregarding modifications made under clause (iv) of such sec-
tion) for the month in which the application for special finan-
cial assistance is filed by the eligible multiemployer plan or the
3 preceding months, with such specified rate increased by 200
basis points.
‘‘(4) CHANGES IN ASSUMPTIONS.—If a plan determines that
use of one or more prior assumptions is unreasonable, the plan
may propose in its application to change such assumptions,
provided that the plan discloses such changes in its application
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and describes why such assumptions are no longer reasonable.
The corporation shall accept such changed assumptions unless
it determines the changes are unreasonable, individually or in
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70
the aggregate. The plan may not propose a change to the inter-
est rate otherwise required under this subsection for eligibility
or financial assistance amount.
‘‘(f) APPLICATION DEADLINE.—Any application by a plan for spe-
cial financial assistance under this section shall be submitted to
the corporation (and, in the case of a plan to which section
432(k)(1)(D) of the Internal Revenue Code of 1986 applies, to the
Secretary of the Treasury) no later than December 31, 2025, and
any revised application for special financial assistance shall be sub-
mitted no later than December 31, 2026.
‘‘(g) DETERMINATIONS ON APPLICATIONS.—A plan’s application for
special financial assistance under this section that is timely filed
in accordance with the regulations or guidance issued under sub-
section (c) shall be deemed approved unless the corporation notifies
the plan within 120 days of the filing of the application that the
application is incomplete, any proposed change or assumption is
unreasonable, or the plan is not eligible under this section. Such
notice shall specify the reasons the plan is ineligible for special fi-
nancial assistance, any proposed change or assumption is unrea-
sonable, or information is needed to complete the application. If a
plan is denied assistance under this subsection, the plan may sub-
mit a revised application under this section. Any revised applica-
tion for special financial assistance submitted by a plan shall be
deemed approved unless the corporation notifies the plan within
120 days of the filing of the revised application that the application
is incomplete, any proposed change or assumption is unreasonable,
or the plan is not eligible under this section. Special financial as-
sistance issued by the corporation shall be effective on a date deter-
mined by the corporation, but no later than 1 year after a plan’s
special financial assistance application is approved by the corpora-
tion or deemed approved. The corporation shall not pay any special
financial assistance after September 30, 2030.
‘‘(h) MANNER OF PAYMENT.—The payment made by the corpora-
tion to an eligible multiemployer plan under this section shall be
made as a single, lump sum payment.
‘‘(i) AMOUNT AND MANNER OF SPECIAL FINANCIAL ASSISTANCE.—
‘‘(1) IN GENERAL.—Special financial assistance under this
section shall be a transfer of funds in the amount necessary as
demonstrated by the plan sponsor on the application for such
special financial assistance, in accordance with the require-
ments described in subsection (j). Special financial assistance
shall be paid to such plan as soon as practicable upon approval
of the application by the corporation.
‘‘(2) NO CAP.—Special financial assistance granted by the cor-
poration under this section shall not be capped by the guar-
antee under 4022A.
‘‘(j) DETERMINATION OF AMOUNT OF SPECIAL FINANCIAL ASSIST-
ANCE.—
‘‘(1) IN GENERAL.—The amount of financial assistance pro-
vided to a multiemployer plan eligible for financial assistance
under this section shall be such amount required for the plan
to pay all benefits due during the period beginning on the date
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of payment of the special financial assistance payment under
this section and ending on the last day of the plan year ending
in 2051, with no reduction in a participant’s or beneficiary’s ac-
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71
crued benefit as of the date of enactment of this section, except
to the extent of a reduction in accordance with section 305(e)(8)
adopted prior to the plan’s application for special financial as-
sistance under this section, and taking into account the rein-
statement of benefits required under subsection (k).
‘‘(2) PROJECTIONS.—The funding projections for purposes of
this section shall be performed on a deterministic basis.
‘‘(k) REINSTATEMENT OF SUSPENDED BENEFITS.—The Secretary,
in coordination with the Secretary of the Treasury, shall ensure
that an eligible multiemployer plan that receives special financial
assistance under this section—
‘‘(1) reinstates any benefits that were suspended under sec-
tion 305(e)(9) or section 4245(a) in accordance with guidance
issued by the Secretary of the Treasury pursuant to section
432(k)(1)(B) of the Internal Revenue Code of 1986, effective as
of the first month in which the effective date for the special fi-
nancial assistance occurs, for participants and beneficiaries as
of such month; and
‘‘(2) provides payments equal to the amount of benefits pre-
viously suspended under section 305(e)(9) or 4245(a) to any
participants or beneficiaries in pay status as of the effective
date of the special financial assistance, payable, as determined
by the eligible multiemployer plan—
‘‘(A) as a lump sum within 3 months of such effective
date; or
‘‘(B) in equal monthly installments over a period of 5
years, commencing within 3 months of such effective date,
with no adjustment for interest.
‘‘(l) WITHDRAWAL LIABILITY.—An employer’s withdrawal liability
for purposes of this title shall be calculated without taking into ac-
count special financial assistance received under this section until
the plan year beginning 15 calendar years after the effective date
of the special financial assistance.
‘‘(m) REQUIRED DISCLOSURE.—An eligible plan that receives spe-
cial financial assistance under this section shall provide to the cor-
poration, the Secretary of the Treasury, each employer that has an
obligation to contribute to such plan, and each labor organization
representing participants employed by such employer, an estimate
of the employer’s share of the plan’s unfunded vested benefits as
of the end of each plan year ending after the date of enactment of
this section, as determined after taking into account any special fi-
nancial assistance received under this section. Such disclosure
shall include a statement that, due to the special financial assist-
ance provided under this section, the plan will have sufficient re-
sources to pay 100 percent of the plan’s benefit obligations until the
last day of the plan year ending in 2051.
‘‘(n) RESTRICTIONS ON THE USE OF SPECIAL FINANCIAL ASSIST-
ANCE.—Special financial assistance received under this section and
any earnings thereon may be used by an eligible multiemployer
plan to make benefit payments and pay plan expenses. Special fi-
nancial assistance and any earnings on such assistance shall be
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segregated from other plan assets. Special financial assistance
shall be invested by plans in investment-grade bonds or other in-
vestments as permitted by the corporation.
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72
‘‘(o) CONDITIONS ON PLANS RECEIVING SPECIAL FINANCIAL ASSIST-
ANCE.—
‘‘(1) IN GENERAL.—The corporation, in consultation with the
Secretary of the Treasury, may impose, by regulation, reason-
able conditions on an eligible multiemployer plan that receives
special financial assistance relating to increases in future ac-
crual rates and any retroactive benefit improvements, alloca-
tion of plan assets, reductions in employer contribution rates,
diversion of contributions to, and allocation of expenses to,
other benefit plans, and withdrawal liability.
‘‘(2) LIMITATION.—The corporation shall not impose condi-
tions on an eligible multiemployer plan as a condition of, or fol-
lowing receipt of, special financial assistance under this section
relating to—
‘‘(A) any prospective reduction in plan benefits (including
benefits that may be adjusted pursuant to section
305(e)(8));
‘‘(B) plan governance, including selection of, removal of,
and terms of contracts with, trustees, actuaries, invest-
ment managers, and other service providers; or
‘‘(C) any funding rules relating to the plan receiving spe-
cial financial assistance under this section.
‘‘(3) PAYMENT OF PREMIUMS.—An eligible multiemployer plan
receiving special financial assistance under this section shall
continue to pay all premiums due under section 4007 for par-
ticipants and beneficiaries in the plan.
‘‘(4) ASSISTANCE NOT CONSIDERED FOR CERTAIN PURPOSES.—
An eligible multiemployer plan that receives special financial
assistance shall be deemed to be in critical status within the
meaning of section 305(b)(2) until the last plan year ending in
2051.
‘‘(5) INSOLVENT PLANS.—An eligible multiemployer plan re-
ceiving special financial assistance under this section that sub-
sequently becomes insolvent will be subject to the current rules
and guarantee for insolvent plans.
‘‘(6) INELIGIBILITY FOR OTHER ASSISTANCE.—An eligible multi-
employer plan that receives special financial assistance under
this section is not eligible to apply for a new suspension of ben-
efits under section 305(e)(9)(G).
‘‘(p) COORDINATION WITH SECRETARY OF THE TREASURY.—In pre-
scribing the application process for eligible multiemployer plans to
receive special financial assistance under this section and review-
ing applications of such plans, the corporation shall coordinate with
the Secretary of the Treasury in the following manner:
‘‘(1) In the case of a plan which has suspended benefits
under section 305(e)(9)—
‘‘(A) in determining whether to approve the application,
the corporation shall consult with the Secretary of the
Treasury regarding the plan’s proposed method of rein-
stating benefits, as described in the plan’s application and
in accordance with guidance issued by the Secretary of the
Treasury, and
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‘‘(B) the corporation shall consult with the Secretary of
the Treasury regarding the amount of special financial as-
sistance needed based on the projected funded status of
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73
the plan as of the last day of the plan year ending in 2051,
whether the plan proposes to repay benefits over 5 years
or as a lump sum, as required by subsection (k)(2), and
any other relevant factors, as determined by the corpora-
tion in consultation with the Secretary of the Treasury, to
ensure the amount of assistance is sufficient to meet such
requirement and is sufficient to pay benefits as required in
subsection (j)(1).
‘‘(2) In the case of any plan which proposes in its application
to change the assumptions used, as provided in subsection
(e)(4), the corporation shall consult with the Secretary of the
Treasury regarding such proposed change in assumptions.
‘‘(3) If the corporation specifies in regulations or guidance
that temporary priority consideration is available for plans
which are insolvent within the meaning of section 418E of the
Internal Revenue Code of 1986 or likely to become so insolvent
or for plans which have suspended benefits under section
305(e)(9), or that availability is otherwise based on the funded
status of the plan under section 305, as permitted by sub-
section (d), the corporation shall consult with the Secretary of
the Treasury regarding any granting of priority consideration
to such plans.’’.
(c) PREMIUM RATE INCREASE.—Section 4006(a)(3) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1306(a)(3)) is
amended—
(1) in subparagraph (A)—
(A) in clause (vi)—
(i) by inserting ‘‘, and before January 1, 2031’’ after
‘‘December 31, 2014,’’; and
(ii) by striking ‘‘or’’ at the end;
(B) in clause (vii)—
(i) by moving the margin 2 ems to the left; and
(ii) in subclause (II), by striking the period and in-
serting ‘‘, or’’; and
(C) by adding at the end the following:
‘‘(viii) in the case of a multiemployer plan, for plan years be-
ginning after December 31, 2030, $52 for each individual who
is a participant in such plan during the applicable plan year.’’;
and
(2) by adding at the end the following:
‘‘(N) For each plan year beginning in a calendar year after 2031,
there shall be substituted for the dollar amount specified in clause
(viii) of subparagraph (A) an amount equal to the greater of—
‘‘(i) the product derived by multiplying such dollar amount
by the ratio of—
‘‘(I) the national average wage index (as defined in sec-
tion 209(k)(1) of the Social Security Act) for the first of the
2 calendar years preceding the calendar year in which
such plan year begins, to
‘‘(II) the national average wage index (as so defined) for
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2029; and
‘‘(ii) such dollar amount for plan years beginning in the pre-
ceding calendar year.
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74
If the amount determined under this subparagraph is not a
multiple of $1, such product shall be rounded to the nearest
multiple of $1.’’.
(d) AMENDMENTS TO INTERNAL REVENUE CODE OF 1986.—
(1) IN GENERAL.—Section 432(a) of the Internal Revenue
Code of 1986 is amended—
(A) by striking ‘‘and’’ at the end of paragraph (2)(B),
(B) by striking the period at the end of paragraph (3)(B)
and inserting ‘‘, and’’, and
(C) by adding at the end the following new paragraph:
‘‘(4) if the plan is an eligible multiemployer plan which is ap-
plying for or receiving special financial assistance under sec-
tion 4262 of the Employee Retirement Income Security Act of
1974, the requirements of subsection (k) shall apply to the
plan.’’.
(2) PLANS RECEIVING SPECIAL FINANCIAL ASSISTANCE TO BE IN
CRITICAL STATUS.—Section 432(b) of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
paragraph:
‘‘(7) PLANS RECEIVING SPECIAL FINANCIAL ASSISTANCE.—If an
eligible multiemployer plan receiving special financial assist-
ance under section 4262 of the Employee Retirement Income
Security Act of 1974 meets the requirements of subsection
(k)(2), notwithstanding the preceding paragraphs of this sub-
section, the plan shall be deemed to be in critical status for
plan years beginning with the plan year in which the effective
date for such assistance occurs and ending with the last plan
year ending in 2051.’’.
(3) RULES RELATING TO ELIGIBLE MULTIEMPLOYER PLANS.—
Section 432 of the Internal Revenue Code of 1986 is amended
by adding at the end the following new subsection:
‘‘(k) RULES RELATING TO ELIGIBLE MULTIEMPLOYER PLANS.—
‘‘(1) PLANS APPLYING FOR SPECIAL FINANCIAL ASSISTANCE.—In
the case of an eligible multiemployer plan which applies for
special financial assistance under section 4262 of such Act—
‘‘(A) IN GENERAL.—Such application shall be submitted
in accordance with the requirements of such section, in-
cluding any guidance issued thereunder by the Pension
Benefit Guaranty Corporation.
‘‘(B) REINSTATEMENT OF SUSPENDED BENEFITS.—In the
case of a plan for which a suspension of benefits has been
approved under subsection (e)(9), the application shall de-
scribe the manner in which suspended benefits will be re-
instated in accordance with paragraph (2)(A) and guidance
issued by the Secretary if the plan receives special finan-
cial assistance.
‘‘(C) AMOUNT OF FINANCIAL ASSISTANCE.—
‘‘(i) IN GENERAL.—In determining the amount of spe-
cial financial assistance to be specified in its applica-
tion, an eligible multiemployer plan shall—
‘‘(I) use the interest rate used by the plan in its
most recently completed certification of plan sta-
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tus before January 1, 2021, provided that such in-
terest rate does not exceed the interest rate limit,
and
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75
‘‘(II) for other assumptions, use the assumptions
that the plan used in its most recently completed
certification of plan status before January 1, 2021,
unless such assumptions are unreasonable.
‘‘(ii) INTEREST RATE.—For purposes of clause (i), the
interest rate limit is the rate specified in section
430(h)(2)(C)(iii) (disregarding modifications made
under clause (iv) of such section) for the month in
which the application for special financial assistance is
filed by the eligible multiemployer plan or the 3 pre-
ceding months, with such specified rate increased by
200 basis points.
‘‘(iii) CHANGES IN ASSUMPTIONS.—If a plan deter-
mines that use of one or more prior assumptions is un-
reasonable, the plan may propose in its application to
change such assumptions, provided that the plan dis-
closes such changes in its application and describes
why such assumptions are no longer reasonable. The
plan may not propose a change to the interest rate
otherwise required under this subsection for eligibility
or financial assistance amount.
‘‘(D) PLANS APPLYING FOR PRIORITY CONSIDERATION.—In
the case of a plan applying for special financial assistance
under rules providing for temporary priority consideration,
as provided in paragraph (4)(C), such plan’s application
shall be submitted to the Secretary in addition to the Pen-
sion Benefit Guaranty Corporation.
‘‘(2) PLANS RECEIVING SPECIAL FINANCIAL ASSISTANCE.—In
the case of an eligible multiemployer plan receiving special fi-
nancial assistance under section 4262 of the Employee Retire-
ment Income Security Act of 1974—
‘‘(A) REINSTATEMENT OF SUSPENDED BENEFITS.—The plan
shall—
‘‘(i) reinstate any benefits that were suspended
under subsection (e)(9) or section 4245(a) of the Em-
ployee Retirement Income Security Act of 1974, effec-
tive as of the first month in which the effective date
for the special financial assistance occurs, for partici-
pants and beneficiaries as of such month, and
‘‘(ii) provide payments equal to the amount of bene-
fits previously suspended to any participants or bene-
ficiaries in pay status as of the effective date of the
special financial assistance, payable, as determined by
the plan—
‘‘(I) as a lump sum within 3 months of such ef-
fective date; or
‘‘(II) in equal monthly installments over a period
of 5 years, commencing within 3 months of such
effective date, with no adjustment for interest.
‘‘(B) RESTRICTIONS ON THE USE OF SPECIAL FINANCIAL AS-
SISTANCE.—Special financial assistance received by the
plan may be used to make benefit payments and pay plan
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expenses. Such assistance shall be segregated from other
plan assets, and shall be invested by the plan in invest-
ment-grade bonds or other investments as permitted by
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76
regulations or other guidance issued by the Pension Ben-
efit Guaranty Corporation.
‘‘(C) CONDITIONS ON PLANS RECEIVING SPECIAL FINANCIAL
ASSISTANCE.—
‘‘(i) IN GENERAL.—The Pension Benefit Guaranty
Corporation, in consultation with the Secretary, may
impose, by regulation, reasonable conditions on an eli-
gible multiemployer plan receiving special financial
assistance relating to increases in future accrual rates
and any retroactive benefit improvements, allocation
of plan assets, reductions in employer contribution
rates, diversion of contributions and allocation of ex-
penses to other benefit plans, and withdrawal liability.
‘‘(ii) LIMITATION.—The Pension Benefit Guaranty
Corporation shall not impose conditions on an eligible
multiemployer plan as a condition of, or following re-
ceipt of, special financial assistance relating to—
‘‘(I) any prospective reduction in plan benefits
(including benefits that may be adjusted pursuant
to subsection (e)(8)),
‘‘(II) plan governance, including selection of, re-
moval of, and terms of contracts with, trustees, ac-
tuaries, investment managers, and other service
providers, or
‘‘(III) any funding rules relating to the plan.
‘‘(D) ASSISTANCE DISREGARDED FOR CERTAIN PURPOSES.—
‘‘(i) FUNDING STANDARDS.—Special financial assist-
ance received by the plan shall not be taken into ac-
count for determining contributions required under
section 431.
‘‘(ii) INSOLVENT PLANS.—If the plan becomes insol-
vent within the meaning of section 418E after receiv-
ing special financial assistance, the plan shall be sub-
ject to all rules applicable to insolvent plans.
‘‘(E) INELIGIBILITY FOR SUSPENSION OF BENEFITS.—The
plan shall not be eligible to apply for a new suspension of
benefits under subsection (e)(9)(G).
‘‘(3) ELIGIBLE MULTIEMPLOYER PLAN.—
‘‘(A) IN GENERAL.—For purposes of this section, a multi-
employer plan is an eligible multiemployer plan if—
‘‘(i) the plan is in critical and declining status in any
plan year beginning in 2020 through 2022,
‘‘(ii) a suspension of benefits has been approved with
respect to the plan under subsection (e)(9) as of the
date of the enactment of this subsection;
‘‘(iii) in any plan year beginning in 2020 through
2022, the plan is certified by the plan actuary to be in
critical status, has a modified funded percentage of
less than 40 percent, and has a ratio of active to inac-
tive participants which is less than 2 to 3, or
‘‘(iv) the plan became insolvent within the meaning
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of section 418E after December 16, 2014, and has re-
mained so insolvent and has not been terminated as
of the date of enactment of this subsection.
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‘‘(B) MODIFIED FUNDED PERCENTAGE.—For purposes of
subparagraph (A)(iii), the term ‘modified funded percent-
age’ means the percentage equal to a fraction the numer-
ator of which is current value of plan assets (as defined in
section 3(26) of the Employee Retirement Income Security
Act of 1974) and the denominator of which is current li-
abilities (as defined in section 431(c)(6)(D)).
‘‘(4) COORDINATION WITH PENSION BENEFIT GUARANTY COR-
PORATION.—In prescribing the application process for eligible
multiemployer plans to receive special financial assistance
under section 4262 of the Employee Retirement Income Secu-
rity Act of 1974 and reviewing applications of such plans, the
Pension Benefit Guaranty Corporation shall coordinate with
the Secretary in the following manner:
‘‘(A) In the case of a plan which has suspended benefits
under subsection (e)(9)—
‘‘(i) in determining whether to approve the applica-
tion, such corporation shall consult with the Secretary
regarding the plan’s proposed method of reinstating
benefits, as described in the plan’s application and in
accordance with guidance issued by the Secretary, and
‘‘(ii) such corporation shall consult with the Sec-
retary regarding the amount of special financial assist-
ance needed based on the projected funded status of
the plan as of the last day of the plan year ending in
2051, whether the plan proposes to repay benefits over
5 years or as a lump sum, as required by paragraph
(2)(A)(ii), and any other relevant factors, as deter-
mined by such corporation in consultation with the
Secretary, to ensure the amount of assistance is suffi-
cient to meet such requirement and is sufficient to pay
benefits as required in section 4262(j)(1) of such Act.
‘‘(B) In the case of any plan which proposes in its appli-
cation to change the assumptions used, as provided in
paragraph (1)(C)(iii), such corporation shall consult with
the Secretary regarding such proposed change in assump-
tions.
‘‘(C) If such corporation specifies in regulations or guid-
ance that temporary priority consideration is available for
plans which are insolvent within the meaning of section
418E or likely to become so insolvent or for plans which
have suspended benefits under subsection (e)(9), or that
availability is otherwise based on the funded status of the
plan under this section, as permitted by section 4262(d) of
such Act, such corporation shall consult with the Secretary
regarding any granting of priority consideration to such
plans.’’.
Page 572, strike line 8 and all that follows through ‘‘2021’’ on
line 9 and insert ‘‘American Rescue Plan Act of 2021’’.
Page 572, strike lines 17 though 19 and insert the following:
(c) EFFECTIVE DATE.—
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(1) IN GENERAL.—The amendments made by this section
shall apply with respect to plan years beginning after Decem-
ber 31, 2019.
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78
(2) ELECTION NOT TO APPLY.—A plan sponsor may elect not
to have the amendments made by this section apply to any
plan year beginning before January 1, 2021, either (as speci-
fied in the election)—
(A) for all purposes for which such amendments apply,
or
(B) solely for purposes of determining the adjusted fund-
ing target attainment percentage under sections 436 of the
Internal Revenue Code of 1986 and 206(g) of the Employee
Retirement Income Security Act of 1974 for such plan
year.
A plan shall not be treated as failing to meet the requirements
of sections 204(g) of such Act and 411(d)(6) of such Code solely
by reason of an election under this paragraph.
Page 577, strike lines 2 through 3 and insert ‘‘December 20,
2019,’’.
Page 577, starting on line 11, strike ‘‘the date of the enactment
of this subsection’’ and insert ‘‘December 20, 2019,’’.
Page 577, starting on line 25, strike ‘‘the date of the enactment
of this subsection’’ and insert ‘‘December 20, 2019,’’.
Page 579, starting on line 8, strike ‘‘the date of the enactment
of this subsection.’’ and insert ‘‘December 20, 2019.’’.
Page 583, strike lines 13 through 14 and insert ‘‘December 20,
2019,’’.
Page 583, starting on line 22, strike ‘‘the date of the enactment
of this subsection’’ and insert ‘‘December 20, 2019,’’.
Page 584, starting on line 11, strike ‘‘the date of the enactment
of this subsection’’ and insert ‘‘December 20, 2019,’’.
Page 585, starting on line 20, strike ‘‘the date of the enactment
of this subsection.’’ and insert ‘‘December 20, 2019.’’.
Page 585, starting on line 23, strike ‘‘Notwithstanding any other
provision of law or any regulation issued by the Pension Benefit
Guaranty Corporation, in the case of a plan’’ and insert ‘‘In the
case of a plan’’.
Page 588, strike lines 4 through 15.
Page 588, line 16, strike ‘‘(5)’’ and insert ‘‘(3)’’.
Page 588, line 19, strike ‘‘(6)’’ and insert ‘‘(4)’’.
Page 588, line 22, strike ‘‘(7)’’ and insert ‘‘(5)’’.
Page 589, line 1, strike ‘‘(8)’’ and insert ‘‘(6)’’.
Page 589, line 4, strike ‘‘(9)’’ and insert ‘‘(7)’’.
Page 589, strike lines 7 through 10.
Page 589, line 11, strike ‘‘(11)’’ and insert ‘‘(10)’’.
Page 591, beginning on line 7, strike ‘‘the share’’ and all that fol-
lows through ‘‘fiscal year’’ on line 11 and insert ‘‘their respective
needs’’.
Page 592, strike lines 9 through 12.
Page 592, line 13, strike ‘‘(F)’’ and insert ‘‘(E)’’.
Add after title IX the following new titles:
TITLE X—INTERNATIONAL AFFAIRS
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SEC. 10001. DEPARTMENT OF STATE OPERATIONS.
In addition to amounts otherwise available, there is authorized
and appropriated to the Secretary of State for fiscal year 2021, out
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79
of any money in the Treasury not otherwise appropriated,
$204,000,000, to remain available until September 30, 2022, for
necessary expenses of the Department of State to carry out the au-
thorities, functions, duties, and responsibilities in the conduct of
the foreign affairs of the United States, to prevent, prepare for, and
respond to coronavirus domestically or internationally, which shall
include maintaining Department of State operations.
SEC. 10002. UNITED STATES AGENCY FOR INTERNATIONAL DEVELOP-
MENT OPERATIONS.
In addition to amounts otherwise available, there is authorized
and appropriated to the Administrator of the United States Agency
for International Development for fiscal year 2021, out of any
money in the Treasury not otherwise appropriated, $41,000,000, to
remain available until September 30, 2022, to carry out the provi-
sions of section 667 of the Foreign Assistance Act of 1961 (22
U.S.C. 2427) for necessary expenses of the United States Agency
for International Development to prevent, prepare for, and respond
to coronavirus domestically or internationally, and for other oper-
ations and maintenance requirements related to coronavirus.
SEC. 10003. GLOBAL RESPONSE.
(a) IN GENERAL.—In addition to amounts otherwise available,
there is authorized and appropriated to the Secretary of State for
fiscal year 2021, out of any money in the Treasury not otherwise
appropriated, $8,675,000,000, to remain available until September
30, 2022, for necessary expenses to carry out the provisions of sec-
tion 531 of chapter 4 of part II of the Foreign Assistance Act of
1961 (22 U.S.C. 2346) as health programs to prevent, prepare for,
and respond to coronavirus, which shall include recovery from the
impacts of such virus and shall be allocated as follows—
(1) $905,000,000 to be made available to the United States
Agency for International Development for global health activi-
ties to prevent, prepare for, and respond to coronavirus, which
shall include a contribution to a multilateral vaccine develop-
ment partnership to support epidemic preparedness;
(2) $3,750,000,000 to be made available to the Department
of State to support programs for the prevention, treatment,
and control of HIV/AIDS in order to prevent, prepare for, and
respond to coronavirus, including to mitigate the impact on
such programs from coronavirus and support recovery from the
impacts of the coronavirus, of which not less than
$3,500,000,000 shall be for a United States contribution to the
Global Fund to Fight AIDS, Tuberculosis and Malaria;
(3) $3,090,000,000 to be made available to the United States
Agency for International Development to prevent, prepare for,
and respond to coronavirus, which shall include support for
international disaster relief, rehabilitation, and reconstruction,
for health activities, and to meet emergency food security
needs; and
(4) $930,000,000 to be made available to prevent, prepare
for, and respond to coronavirus, which shall include activities
to address economic and stabilization requirements resulting
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from such virus.
(b) WAIVER OF LIMITATION.—Any contribution to the Global Fund
to Fight AIDS, Tuberculosis and Malaria made pursuant to sub-
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80
section (a)(2) shall be made available notwithstanding section
202(d)(4)(A)(i) of the United States Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7622(d)(4)(A)(i)),
and such contribution shall not be considered a contribution for the
purpose of applying such section 202(d)(4)(A)(i).
(c) PERIOD OF AVAILABILITY.—Funds appropriated by this section
shall remain available for one additional year if such funds are ini-
tially obligated before the expiration of the period of availability
contained in subsection (a).
SEC. 10004. HUMANITARIAN RESPONSE.
(a) IN GENERAL.—In addition to amounts otherwise available,
there is authorized and appropriated to the Secretary of State for
fiscal year 2021, out of any money in the Treasury not otherwise
appropriated, $500,000,000, to remain available until September
30, 2022, to carry out the provisions of section 2(a) and (b) of the
Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601(a)
and (b)) to prevent, prepare for, and respond to coronavirus.
(b) USE OF FUNDS.—Funds appropriated pursuant to this section
shall not be made available for the costs of resettling refugees in
the United States.
(c) PERIOD OF AVAILABILITY.—Funds appropriated by this section
shall remain available for one additional year if such funds are ini-
tially obligated before the expiration of the period of availability
contained in subsection (a).
SEC. 10005. MULTILATERAL ASSISTANCE.
In addition to amounts otherwise available, there is authorized
and appropriated to the Secretary of State for fiscal year 2021, out
of any money in the Treasury not otherwise appropriated,
$580,000,000, to remain available until September 30, 2022, to
carry out the provisions of section 301(a) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2221(a)) to prevent, prepare for, and respond
to coronavirus, which shall include support for the priorities and
objectives of the United Nations Global Humanitarian Response
Plan COVID–19 through voluntary contributions to international
organizations and programs administered by such organizations.
TITLE XI—COMMITTEE ON NATURAL
RESOURCES
SEC. 1101. INDIAN AFFAIRS.
(a) IN GENERAL.—In addition to amounts otherwise made avail-
able, there is appropriated for fiscal year 2021, out of any money
in the Treasury not otherwise appropriated, $900,000,000 to re-
main available until expended, pursuant to the Snyder Act (25
U.S.C. 13), of which—
(1) $100,000,000 shall be for Tribal housing improvement;
(2) $772,500,000 shall be for Tribal government services,
public safety and justice, social services, child welfare assist-
ance, and for other related expenses;
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(3) $7,500,000 shall be for related Federal administrative
costs and oversight; and
(4) $20,000,000 shall be to provide and deliver potable water.
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81
(b) EXCLUSIONS FROM CALCULATION.—Funds appropriated under
subsection (a) shall be excluded from the calculation of funds re-
ceived by those Tribal governments that participate in the ‘‘Small
and Needy’ ’’ program.
(c) ONE-TIME BASIS FUNDS.—Funds made available under sub-
section (a) to Tribes and Tribal organizations under the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 5301
et seq.) shall be available on a one-time basis. Such non-recurring
funds shall not be part of the amount required by section 106 of
the Indian Self-Determination and Education Assistance Act (25
U.S.C. 5325), and such funds shall only be used for the purposes
identified in this section.
SEC. 1102. UNITED STATES FISH AND WILDLIFE SERVICE.
(a) INSPECTION, INTERDICTION, AND RESEARCH RELATED TO CER-
TAIN SPECIES AND COVID–19.—In addition to amounts otherwise
made available, there is appropriated for fiscal year 2021, out of
any money in the Treasury not otherwise appropriated,
$95,000,000 to remain available until expended, to carry out the
provisions of the Fish and Wildlife Act of 1956 (16 U.S.C. 742a et
seq.) and the Fish and Wildlife Coordination Act (16 U.S.C. 661 et
seq.) through direct expenditure, contracts, and grants, of which—
(1) $20,000,000 shall be for wildlife inspections, interdictions,
investigations, and related activities, and for efforts to address
wildlife trafficking;
(2) $30,000,000 shall be for the care of captive species listed
under the Endangered Species Act of 1973, for the care of res-
cued and confiscated wildlife, and for the care of Federal trust
species in facilities experiencing lost revenues due to COVID–
19; and
(3) $45,000,000 shall be for research and extension activities
to strengthen early detection, rapid response, and science-
based management to address wildlife disease outbreaks before
they become pandemics and strengthen capacity for wildlife
health monitoring to enhance early detection of diseases that
have capacity to jump the species barrier and pose a risk in
the United States, including the development of a national
wildlife disease database.
(b) LACEY ACT PROVISIONS.—In addition to amounts otherwise
made available, there is appropriated for fiscal year 2021, out of
any money in the Treasury not otherwise appropriated,
$10,000,000, to remain available until expended, to carry out the
provisions of section 42(a) of title 18, United States Code, and the
Lacey Act Amendments of 1981 (16 U.S.C. 3371–3378) to identify
and designate wildlife species, or larger taxonomic groups of spe-
cies, as injurious under such provisions if they transmit a pathogen
that could potentially pose a risk to human health and develop reg-
ulations to develop a process to make emergency listings for inju-
rious species.
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TITLE XII—COMMITTEE ON SCIENCE,
SPACE, AND TECHNOLOGY
SEC. 12001. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY.
In addition to amounts otherwise made available, there are ap-
propriated to the National Institute of Standards and Technology
for fiscal year 2021, out of any money in the Treasury not other-
wise appropriated, $150,000,000, to remain available until Sep-
tember 30, 2022, to fund awards for research, development, and
testbeds to prevent, prepare for, and respond to coronavirus. None
of the funds provided by this section shall be subject to cost share
requirements.
SEC. 12002. NATIONAL SCIENCE FOUNDATION.
In addition to amounts otherwise made available, there are ap-
propriated to the National Science Foundation for fiscal year 2021,
out of any money in the Treasury not otherwise appropriated,
$600,000,000, to remain available until September 30, 2022, to
fund or extend new and existing research grants, cooperative
agreements, scholarships, fellowships, and apprenticeships, and re-
lated administrative expenses to prevent, prepare for, and respond
to coronavirus.
At the end of the table of contents on page 10, add the following:
TITLE X—INTERNATIONAL AFFAIRS
Sec. 10001. Department of State operations.
Sec. 10002. United States agency for international development operations.
Sec. 10003. Global response.
Sec. 10004. Humanitarian response.
Sec. 10005. Multilateral assistance.
TITLE XI—COMMITTEE ON NATURAL RESOURCES
Sec. 1101. Indian affairs.
Sec. 1102. United States Fish and Wildlife Service.
TITLE XII—COMMITTEE ON SCIENCE, SPACE, AND TECHNOLOGY
Sec. 12001. National Institute of Standards and Technology.
Sec. 12002. National Science Foundation.
Æ
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