Text of US HB 1319 (2021)

IB Union Calendar No. 1 117TH CONGRESS 1ST SESSION H. R. 1319 [Report No. 117–7] To provide for reconciliation pursuant to title II of S. Con. Res. 5. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 24, 2021 Mr. YARMUTH, from the Committee on the Budget, reported the following bill; which was committed to the Committee of the Whole House on the State of the Union and ordered to be printed VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 1319 RH A BILL To provide for reconciliation pursuant to title II of S. Con. Res. 5. VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 1319 RH Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘American Rescue Plan 4 Act of 2021’’. 5 SEC. 2. TABLE OF CONTENTS. 6 The table of contents for this Act is as follows: 7 Sec. 1. Short title. Sec. 2. Table of contents. TITLE I—COMMITTEE ON AGRICULTURE Subtitle A—Agriculture Sec. 1001. Food Supply Chain and Agriculture Pandemic Response. Sec. 1002. Emergency grants for rural health care. Sec. 1003. Pandemic program administration funds. Sec. 1004. Funding for the USDA Office of Inspector General for oversight of COVID—19-related programs. Sec. 1005. Farm loan assistance for socially disadvantaged farmers and ranch- ers. Sec. 1006. Assistance and support for socially disadvantaged farmers, ranchers, forest land owners and operators, and groups. Sec. 1007. Funding for Food for Peace title II Grants. Subtitle B—Nutrition Sec. 1011. Supplemental nutrition assistance program. Sec. 1012. Additional assistance for SNAP online purchasing and technology improvements. Sec. 1013. Additional funding for nutrition assistance programs. Sec. 1014. Commodity supplemental food program. TITLE II—COMMITTEE ON EDUCATION AND LABOR Subtitle A—Education Matters PART 1—DEPARTMENT OF EDUCATION Sec. 2001. Elementary and secondary school emergency relief fund. Sec. 2002. Higher education emergency relief fund. Sec. 2003. Maintenance of effort and maintenance of equity. Sec. 2004. Outlying areas. Sec. 2005. Bureau of Indian Education. Sec. 2006. Gallaudet University. Sec. 2007. Student aid administration. Sec. 2008. Howard University. Sec. 2009. National Technical Institute for the Deaf. Sec. 2010. Institute of Education Sciences. VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 1319 RH Sec. 2011. Program administration. Sec. 2012. Office of inspector general. Sec. 2013. Modification of revenue requirements for proprietary institutions of higher education. PART 2—MISCELLANEOUS Sec. 2021. National endowment for the arts. Sec. 2022. National endowment for the humanities. Sec. 2023. Institute of museum and library services. Sec. 2024. COVID-19 response resources for the preservation and mainte- nance of Native American languages. Subtitle B—Labor Matters Sec. 2101. Raising the Federal minimum wage. Sec. 2102. Funding for Department of Labor Worker Protection Activities. Sec. 2103. Eligibility for workers’ compensation benefits for Federal employees diagnosed with COVID–19. Sec. 2104. Compensation pursuant to the Longshore and Harbor Workers’ Compensation Act. Subtitle C—Human Services and Community Supports Sec. 2201. Additional funding for aging and disability services programs. Sec. 2202. Supporting older Americans and their families. Sec. 2203. Child Care and Development Block Grant Program. Sec. 2204. Child Care Stabilization. Sec. 2205. Head Start. Sec. 2206. Programs for survivors. Sec. 2207. Child abuse prevention and treatment. Sec. 2208. LIHEAP. Sec. 2209. Department of Health and Human Services. Sec. 2210. Corporation for National and Community Service and the National Service Trust. Subtitle D—Child Nutrition & Related Programs Sec. 2301. Improvements to WIC benefits. Sec. 2302. WIC program modernization. Sec. 2303. Meals and supplements reimbursements for individuals who have not attained the age of 25. Sec. 2304. Pandemic EBT program. Subtitle E—COBRA Continuation Coverage Sec. 2401. Preserving health benefits for workers. TITLE III—COMMITTEE ON ENERGY AND COMMERCE Subtitle A—Public Health CHAPTER 1—VACCINES AND THERAPEUTICS Sec. 3001. Funding for COVID–19 vaccine activities at the centers for disease control and prevention. Sec. 3002. Funding for vaccine confidence activities. VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6211 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 1319 RH Sec. 3003. Funding for supply chain for COVID–19 vaccines, therapeutics, and medical supplies. Sec. 3004. Funding for COVID–19 vaccine, therapeutic, and device activities at the Food and Drug Administration. CHAPTER 2—TESTING Sec. 3011. Funding for COVID–19 testing, contact tracing, and mitigation ac- tivities. Sec. 3012. Funding for SARS–CoV–2 genomic sequencing and surveillance. Sec. 3013. Funding for global health. Sec. 3014. Funding for data modernization and forecasting center. CHAPTER 3—PUBLIC HEALTH WORKFORCE Sec. 3021. Funding for public health workforce. Sec. 3022. Funding for Medical Reserve Corps. CHAPTER 4—PUBLIC HEALTH INVESTMENTS Sec. 3031. Funding for community health centers and community care. Sec. 3032. Funding for National Health Service Corps. Sec. 3033. Funding for Nurse Corps. Sec. 3034. Funding for teaching health centers that operate graduate medical education. Sec. 3035. Funding for COVID–19 testing, contact tracing, and mitigation ac- tivities in congregate settings. Sec. 3036. Funding for family planning. Sec. 3037. Funding for children under the care of the Department of Health and Human Services. Sec. 3038. Funding for Office of Inspector General. CHAPTER 5—INDIAN HEALTH Sec. 3041. Funding for Indian health. CHAPTER 6—MENTAL HEALTH AND SUBSTANCE USE DISORDER Sec. 3051. Funding for block grants for community mental health services. Sec. 3052. Funding for block grants for prevention and treatment of substance abuse. Sec. 3053. Funding for mental and behavioral health training for health care professionals, paraprofessionals, and public safety officers. Sec. 3054. Funding for education and awareness campaign encouraging healthy work conditions and use of mental and behavioral health serv- ices by health care professionals. Sec. 3055. Funding for grants for health care providers to promote mental and behavioral health among their health professional workforce. Sec. 3056. Funding for community-based funding for local substance use dis- order services. Sec. 3057. Funding for community-based funding for local behavioral health needs. Sec. 3058. Funding for the National Child Traumatic Stress Network. Sec. 3059. Funding for Project AWARE. Sec. 3059A. Funding for youth suicide prevention. Sec. 3059B. Funding for behavioral health workforce education and training. CHAPTER 7—EXCHANGE GRANT PROGRAM VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6211 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 1319 RH Sec. 3061. Establishing a grant program for Exchange modernization. Subtitle B—Medicaid Sec. 3101. Mandatory coverage of COVID–19 vaccines and administration and treatment under Medicaid. Sec. 3102. Modifications to certain coverage under Medicaid for pregnant and postpartum women. Sec. 3103. Allowing for medical assistance under Medicaid for inmates during 30-day period preceding release. Sec. 3104. Enhanced Federal Medicaid support for community-based mobile crisis intervention services. Sec. 3105. Temporary increase in FMAP for medical assistance under State Medicaid plans which begin to expend amounts for certain mandatory individuals. Sec. 3106. Extension of 100 percent Federal medical assistance percentage to Urban Indian Health Organizations and Native Hawaiian Health Care Systems. Sec. 3107. Sunset of limit on maximum rebate amount for single source drugs and innovator multiple source drugs. Sec. 3108. Additional support for Medicaid home and community-based services during the COVID–19 emergency period. Sec. 3109. Funding for State strike teams for resident and employee safety in nursing facilities. Subtitle C—Children’s Health Insurance Program Sec. 3201. Mandatory coverage of COVID–19 vaccines and administration and treatment under CHIP. Sec. 3202. Modifications to certain coverage under CHIP for pregnant and postpartum women. Subtitle D—Other Provisions CHAPTER 1—ENSURING ENVIRONMENTAL HEALTH AND RATEPAYER PROTECTION DURING THE PANDEMIC Sec. 3301. Funding for pollution and disparate impacts of the COVID–19 pan- demic. Sec. 3302. Funding for LIHEAP. Sec. 3303. Funding for water assistance program. CHAPTER 2—DISTANCE LEARNING AND CONSUMER PROTECTION DURING THE COVID–19 PANDEMIC Sec. 3311. Funding for consumer product safety fund to protect consumers from potentially dangerous products related to COVID–19. Sec. 3312. Funding for E-Rate support for emergency educational connections and devices. CHAPTER 3—OVERSIGHT OF DEPARTMENT OF COMMERCE PREVENTION AND RESPONSE TO COVID–19 Sec. 3321. Funding for Department of Commerce Inspector General. TITLE IV—COMMITTEE ON FINANCIAL SERVICES Subtitle A—Defense Production Act of 1950 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6211 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 1319 RH Sec. 4001. COVID–19 emergency medical supplies enhancement. Subtitle B—Housing Provisions Sec. 4101. Emergency rental assistance. Sec. 4102. Emergency housing vouchers. Sec. 4103. Emergency assistance for rural housing. Sec. 4104. Housing assistance and supportive services programs for Native Americans. Sec. 4105. Housing counseling. Sec. 4106. Homelessness assistance and supportive services program. Sec. 4107. Homeowner Assistance Fund. Sec. 4108. Relief measures for section 502 and 504 direct loan borrowers. Subtitle C—Small Business (SSBCI) Sec. 4201. Reauthorization of the State Small Business Credit Initiative Act of 2010. Subtitle D—Airlines Sec. 4301. Air Transportation Payroll Support Program Extension. TITLE V—COMMITTEE ON OVERSIGHT AND REFORM Subtitle A—Coronavirus State and Local Fiscal Recovery Funds Sec. 5001. Coronavirus State and Local Fiscal Recovery Funds. Subtitle B—Other Matters Sec. 5111. Emergency Federal Employee Leave Fund. Sec. 5112. Funding for the Government Accountability Office. Sec. 5113. Pandemic Response Accountability Committee funding availability. TITLE VI—COMMITTEE ON SMALL BUSINESS Sec. 6001. Modifications to paycheck protection program. Sec. 6002. Targeted EIDL advance. Sec. 6003. Support for restaurants. Sec. 6004. Community navigator pilot program. Sec. 6005. Shuttered venue operators. Sec. 6006. Direct appropriations. TITLE VII—COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE Subtitle A—Transportation and Infrastructure Sec. 7001. Federal Emergency Management Agency appropriation. Sec. 7002. Funeral assistance. Sec. 7003. Economic adjustment assistance. Sec. 7004. Great Lakes St. Lawrence Seaway Development Corporation oper- ations and maintenance. Sec. 7005. Grants to the National Railroad Passenger Corporation. Sec. 7006. Federal Transit Administration grants. Sec. 7007. Relief for airports. Subtitle B—Aviation Manufacturing Jobs Protection VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6211 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 1319 RH Sec. 7101. Definitions. Sec. 7102. Payroll support program. Subtitle C—Continued Assistance to Rail Workers Sec. 7201. Additional enhanced benefits under the Railroad Unemployment In- surance Act. Sec. 7202. Extended unemployment benefits under the Railroad Unemployment Insurance Act. Sec. 7203. Extension of waiver of the 7-day waiting period for benefits under the Railroad Unemployment Insurance Act. Sec. 7204. Railroad Retirement Board and Office of the Inspector General funding. TITLE VIII—COMMITTEE ON VETERANS’ AFFAIRS Sec. 8001. Funding for claims and appeals processing. Sec. 8002. Funding availability for medical care and health needs. Sec. 8003. Funding for supply chain modernization. Sec. 8004. Funding for state homes. Sec. 8005. Funding for the Department of Veterans Affairs office of inspector general. Sec. 8006. Covid–19 veteran rapid retraining assistance program. Sec. 8007. Prohibition on copayments and cost sharing for veterans during emergency relating to COVID–19. TITLE IX—COMMITTEE ON WAYS AND MEANS Subtitle A—Crisis Support for Unemployed Workers Sec. 9001. Short title. PART 1—EXTENSION OF CARES ACT UNEMPLOYMENT PROVISIONS Sec. 9011. Extension of pandemic unemployment assistance. Sec. 9012. Extension of emergency unemployment relief for governmental enti- ties and nonprofit organizations. Sec. 9013. Extension of Federal Pandemic Unemployment Compensation. Sec. 9014. Extension of full Federal funding of the first week of compensable regular unemployment for States with no waiting week. Sec. 9015. Extension of emergency State staffing flexibility. Sec. 9016. Extension of Pandemic Emergency Unemployment Compensation. Sec. 9017. Extension of temporary financing of short-time compensation pay- ments in States with programs in law. Sec. 9018. Extension of temporary financing of short-time compensation agree- ments for States without programs in law. PART 2—EXTENSION OF FFCRA UNEMPLOYMENT PROVISIONS Sec. 9021. Extension of temporary assistance for States with advances. Sec. 9022. Extension of full Federal funding of extended unemployment com- pensation. PART 3—DEPARTMENT OF LABOR FUNDING FOR TIMELY, ACCURATE, AND EQUITABLE PAYMENT Sec. 9031. Funding for administration. VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6211 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 1319 RH Sec. 9032. Funding for fraud prevention, equitable access, and timely payment to eligible workers. Subtitle B—Emergency Assistance to Families Through Home Visiting Programs Sec. 9101. Emergency assistance to families through home visiting programs. Subtitle C—Emergency Assistance to Children and Families Sec. 9201. Pandemic Emergency Assistance Fund. Subtitle D—Elder Justice and Support Guarantee Sec. 9301. Additional funding for aging and disability services programs. Subtitle E—Support to Skilled Nursing Facilities in Response to COVID–19 Sec. 9401. Providing for infection control support to skilled nursing facilities through contracts with quality improvement organizations. Sec. 9402. Funding for strike teams for resident and employee safety in skilled nursing facilities. Subtitle F—Preserving Health Benefits for Workers Sec. 9500. Short title. Sec. 9501. Preserving health benefits for workers. Subtitle G—Promoting Economic Security PART 1—2021 RECOVERY REBATES TO INDIVIDUALS Sec. 9601. 2021 recovery rebates to individuals. PART 2—CHILD TAX CREDIT Sec. 9611. Child tax credit improvements for 2021. Sec. 9612. Application of child tax credit in possessions. PART 3—EARNED INCOME TAX CREDIT Sec. 9621. Strengthening the earned income tax credit for individuals with no qualifying children. Sec. 9622. Taxpayer eligible for childless earned income credit in case of quali- fying children who fail to meet certain identification require- ments. Sec. 9623. Credit allowed in case of certain separated spouses. Sec. 9624. Modification of disqualified investment income test. Sec. 9625. Application of earned income tax credit in possessions of the United States. Sec. 9626. Temporary special rule for determining earned income for purposes of earned income tax credit. PART 4—DEPENDENT CARE ASSISTANCE Sec. 9631. Refundability and enhancement of child and dependent care tax credit. Sec. 9632. Increase in exclusion for employer-provided dependent care assist- ance. VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6211 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 1319 RH PART 5—CREDITS FOR PAID SICK AND FAMILY LEAVE Sec. 9641. Extension of credits. Sec. 9642. Increase in limitations on credits for paid family leave. Sec. 9643. Expansion of leave to which paid family leave credits applies. Sec. 9644. Paid leave credits allowed for leave for COVID-vaccination. Sec. 9645. Application of non-discrimination rules. Sec. 9646. Reset of limitation on paid sick leave. Sec. 9647. Credits allowed against employer hospital insurance tax. Sec. 9648. Application of credits to certain governmental employers. Sec. 9649. Gross up of credit in lieu of exclusion from tax. Sec. 9650. Effective date. PART 6—EMPLOYEE RETENTION CREDIT Sec. 9651. Extension of employee retention credit. PART 7—PREMIUM TAX CREDIT Sec. 9661. Improving affordability by expanding premium assistance for con- sumers. Sec. 9662. Temporary modification of limitations on reconciliation of tax cred- its for coverage under a qualified health plan with advance pay- ments of such credit. Sec. 9663. Application of premium tax credit in case of individuals receiving unemployment compensation during 2021. PART 8—MISCELLANEOUS PROVISIONS Sec. 9671. Repeal of election to allocate interest, etc. on worldwide basis. Sec. 9672. Tax treatment of targeted EIDL advances. Sec. 9673. Tax treatment of restaurant revitalization grants. Subtitle H—Pensions Sec. 9700. Short title. Sec. 9701. Temporary delay of designation of multiemployer plans as in endan- gered, critical, or critical and declining status. Sec. 9702. Temporary extension of the funding improvement and rehabilitation periods for multiemployer pension plans in critical and endan- gered status for 2020 or 2021. Sec. 9703. Adjustments to funding standard account rules. Sec. 9704. Special financial assistance program for financially troubled multi- employer plans. Sec. 9705. Extended amortization for single employer plans. Sec. 9706. Extension of pension funding stabilization percentages for single em- ployer plans. Sec. 9707. Modification of special rules for minimum funding standards for community newspaper plans. Sec. 9708. Cost of living adjustment freeze. Subtitle I—Child Care for Workers Sec. 9801. Child care assistance. VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6211 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 1319 RH TITLE I—COMMITTEE ON 1 AGRICULTURE 2 Subtitle A—Agriculture 3 SEC. 1001. FOOD SUPPLY CHAIN AND AGRICULTURE PAN- 4 DEMIC RESPONSE. 5 (a) APPROPRIATION.—In addition to amounts other- 6 wise available, there is appropriated to the Secretary of 7 Agriculture for fiscal year 2021, out of any money in the 8 Treasury not otherwise appropriated, $4,000,000,000, to 9 remain available until expended, to carry out this section. 10 (b) USE OF FUNDS.—The Secretary of Agriculture 11 shall use the amounts made available pursuant to sub- 12 section (a)— 13 (1) to purchase food and agricultural commod- 14 ities; 15 (2) to purchase and distribute agricultural com- 16 modities (including fresh produce, dairy, seafood, 17 eggs, and meat) to individuals in need, including 18 through delivery to nonprofit organizations and 19 through restaurants and other food related entities, 20 as determined by the Secretary, that may receive, 21 store, process, and distribute food items; 22 (3) to make grants and loans for small or 23 midsized food processors or distributors, seafood 24 processing facilities and processing vessels, farmers 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 1319 RH markets, producers, or other organizations to re- 1 spond to COVID–19, including for measures to pro- 2 tect workers against COVID–19; 3 (4) to make loans and grants and provide other 4 assistance to maintain and improve food and agricul- 5 tural supply chain resiliency; and 6 (5) to make payments for necessary expenses 7 related to losses of crops (including losses due to 8 high winds or derechos) pursuant to title I of the 9 Additional Supplemental Appropriations for Disaster 10 Relief Act, 2019 (Public Law 116–20), as amended 11 by section 116 of the Continuing Appropriations 12 Act, 2020 (Public Law 116–59) and as further 13 amended by subsection (c) of section 791 of the 14 Further Consolidated Appropriations Act, 2020 15 (Public Law 116–94) for crop losses in crop year 16 2020. 17 (c) ANIMAL HEALTH.— 18 (1) COVID–19 ANIMAL SURVEILLANCE.—The 19 Secretary of Agriculture shall conduct monitoring 20 and surveillance of susceptible animals for incidence 21 of SARS–CoV–2. 22 (2) INTERGOVERNMENTAL COOPERATION.—Ac- 23 tivities conducted under paragraph (1) shall be con- 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 13 •HR 1319 RH sistent with guidance provided by the World 1 Organisation for Animal Health. 2 (3) FUNDING.—Out of the amounts made avail- 3 able under subsection (a), the Secretary shall use 4 $300,000,000 to carry out this subsection. 5 (d) OVERTIME FEES.— 6 (1) SMALL ESTABLISHMENT; VERY SMALL ES- 7 TABLISHMENT DEFINITIONS.—The terms ‘‘small es- 8 tablishment’’ and ‘‘very small establishment’’ have 9 the meaning given those terms in the final rule enti- 10 tled ‘‘Pathogen Reduction; Hazard Analysis and 11 Critical Control Point (HACCP) Systems’’ published 12 in the Federal Register on July 25, 1996 (61 Fed. 13 Reg. 38806). 14 (2) OVERTIME INSPECTION COST REDUC- 15 TION.—Notwithstanding any other provision of law 16 and subject to the availability of funds under para- 17 graph (3), the Secretary of Agriculture shall reduce 18 the amount of overtime inspection costs borne by 19 federally-inspected small establishments and very 20 small establishments engaged in meat, poultry, or 21 egg products processing and subject to the require- 22 ments of the Federal Meat Inspection Act (21 23 U.S.C. 601 et seq.), the Poultry Products Inspection 24 Act (21 U.S.C. 451 et seq.), or the Egg Products 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 14 •HR 1319 RH Inspection Act (21 U.S.C. 1031 et seq.), for inspec- 1 tion activities carried out during the period of fiscal 2 years 2021 through 2030. 3 (3) FUNDING.—Out of the amounts made avail- 4 able under subsection (a), the Secretary shall use 5 $100,000,000 to carry out this subsection. 6 SEC. 1002. EMERGENCY GRANTS FOR RURAL HEALTH 7 CARE. 8 (a) GRANTS.—The Secretary of Agriculture (in this 9 section referred to as the ‘‘Secretary’’) shall use the funds 10 made available by this section to establish an emergency 11 pilot program not later than 150 days after the date of 12 enactment of this Act to provide grants to eligible appli- 13 cants (as defined in section 3570.61(a) of title 7, Code 14 of Federal Regulations) to be awarded by the Secretary 15 based on needs related to the COVID–19 pandemic. 16 (b) USES.—An eligible applicant to whom a grant is 17 awarded under this section may use the grant funds for 18 costs, including those incurred prior to the issuance of the 19 grant, as determined by the Secretary, on facilities which 20 primarily serve rural areas (as defined in section 21 343(a)(13)(C) of the Consolidated Farm and Rural Devel- 22 opment Act (7 U.S.C. 1991(a)(13)(C)), which are located 23 in a rural area, the median household income of the popu- 24 lation to be served by which is less than the greater of 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 15 •HR 1319 RH the poverty line or the applicable percentage (determined 1 under section 3570.63(b) of title 7, Code of Federal Regu- 2 lations) of the State nonmetropolitan median household 3 income, and for which the performance of construction 4 work shall meet the condition set forth in section 9003(f) 5 of the Farm Security and Rural Investment Act of 2002 6 (7 U.S.C. 8103(f)), to— 7 (1) increase capacity for vaccine distribution; 8 (2) provide drugs or medical supplies to in- 9 crease medical surge capacity; 10 (3) reimburse for COVID–19-related expenses 11 and lost revenue to maintain capacity, including ex- 12 penses and revenue losses incurred prior to the 13 awarding of the grant; 14 (4) increase telehealth capabilities, including 15 underlying health care information systems; 16 (5) construct temporary or permanent struc- 17 tures to provide health care services, including vac- 18 cine administration or testing; 19 (6) support staffing needs for vaccine adminis- 20 tration or testing; and 21 (7) engage in any other efforts determined to 22 be critical to address the COVID–19 pandemic, in- 23 cluding nutritional assistance to vulnerable individ- 24 uals, as approved by the Secretary. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 16 •HR 1319 RH (c) FUNDING.—In addition to amounts otherwise 1 available, there is appropriated to the Secretary for fiscal 2 year 2021, out of any money in the Treasury not otherwise 3 appropriated, $500,000,000, to remain available until 4 September 30, 2023, to carry out this section, of which 5 not more than 3 percent may be used by the Secretary 6 for administrative purposes and not more than 2 percent 7 may be used by the Secretary for technical assistance as 8 defined in section 306(a)(26) of the Consolidated Farm 9 and Rural Development Act (7 U.S.C. 1926(a)(26)). 10 SEC. 1003. PANDEMIC PROGRAM ADMINISTRATION FUNDS. 11 In addition to amounts otherwise available, there are 12 appropriated for fiscal year 2021, out of any money in 13 the Treasury not otherwise appropriated, $47,500,000, to 14 remain available until expended, for necessary administra- 15 tive expenses associated with carrying out this subtitle. 16 SEC. 1004. FUNDING FOR THE USDA OFFICE OF INSPECTOR 17 GENERAL FOR OVERSIGHT OF COVID—19-RE- 18 LATED PROGRAMS. 19 In addition to amounts otherwise made available, 20 there are appropriated for fiscal year 2021, out of any 21 money in the Treasury not otherwise appropriated, 22 $2,500,000, to remain available until September 30, 2022, 23 to carry out audits, investigations, and other oversight ac- 24 tivities authorized under the Inspector General Act of 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 17 •HR 1319 RH 1978 (5 U.S.C. App.) of projects and activities carried out 1 with funds made available to the Department of Agri- 2 culture related to the COVID–19 pandemic. 3 SEC. 1005. FARM LOAN ASSISTANCE FOR SOCIALLY DIS- 4 ADVANTAGED FARMERS AND RANCHERS. 5 (a) PAYMENTS.— 6 (1) APPROPRIATION.—For the purposes of ad- 7 dressing the longstanding and widespread discrimi- 8 nation against socially disadvantaged farmers and 9 ranchers in farm loan programs and across the De- 10 partment of Agriculture, as documented for decades 11 by Congress and Federal agencies, and alleviating 12 discriminatory barriers preventing socially disadvan- 13 taged farmers and ranchers from fully participating 14 in the American farm economy, in addition to 15 amounts otherwise available, there is appropriated to 16 the Secretary for fiscal year 2021, out of amounts 17 in the Treasury not otherwise appropriated, such 18 sums as may be necessary, to remain available until 19 expended, for the cost of loan modifications and pay- 20 ments under this section. 21 (2) PAYMENTS.—Using a simplified process to 22 be determined by the Secretary, the Secretary shall 23 provide a payment in an amount equal to 120 per- 24 cent of the outstanding indebtedness of each socially 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 18 •HR 1319 RH disadvantaged farmer or rancher as of January 1, 1 2021, to pay off the loan directly or to the socially 2 disadvantaged farmer or rancher (or a combination 3 of both), on each— 4 (A) direct farm loan made by the Secretary 5 to the socially disadvantaged farmer or rancher; 6 and 7 (B) farm loan guaranteed by the Secretary 8 the borrower of which is the socially disadvan- 9 taged farmer or rancher. 10 (3) EFFECT ON ELIGIBILITY.—Notwithstanding 11 any other provision of law, the provision of a pay- 12 ment under paragraph (2) to a socially disadvan- 13 taged farmer or rancher shall not affect the eligi- 14 bility of such farmer or rancher for a farm loan 15 after the date on which the payment is provided. 16 (b) DEFINITIONS.—In this section: 17 (1) FARM LOAN.—The term ‘‘farm loan’’ 18 means— 19 (A) a loan administered by the Farm Serv- 20 ice Agency under subtitle A, B, or C of the 21 Consolidated Farm and Rural Development Act 22 (7 U.S.C. 1922 et seq.); and 23 (B) a Commodity Credit Corporation Farm 24 Storage Facility Loan. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 19 •HR 1319 RH (2) SECRETARY.—The term ‘‘Secretary’’ means 1 the Secretary of Agriculture. 2 (3) SOCIALLY DISADVANTAGED FARMER OR 3 RANCHER.—The term ‘‘socially disadvantaged farm- 4 er or rancher’’ has the meaning given the term in 5 section 2501(a) of the Food, Agriculture, Conserva- 6 tion, and Trade Act of 1990 (7 U.S.C. 2279(a)). 7 SEC. 1006. ASSISTANCE AND SUPPORT FOR SOCIALLY DIS- 8 ADVANTAGED FARMERS, RANCHERS, FOREST 9 LAND OWNERS AND OPERATORS, AND 10 GROUPS. 11 (a) APPROPRIATION.—In addition to amounts other- 12 wise available, there is appropriated to the Secretary of 13 Agriculture for fiscal year 2021, out of any money in the 14 Treasury not otherwise appropriated, $1,010,000,000, to 15 remain available until expended, to carry out this section. 16 (b) ASSISTANCE.—The Secretary of Agriculture shall 17 use the amounts made available pursuant to subsection 18 (a)— 19 (1) to provide outreach, mediation, financial 20 training, capacity building training, cooperative de- 21 velopment training and support, and other technical 22 assistance to socially disadvantaged groups; 23 (2) to provide grants and loans to improve land 24 access for socially disadvantaged farmers, ranchers, 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 20 •HR 1319 RH or forest landowners, including issues related to 1 heirs’ property in a manner as determined by the 2 Secretary; 3 (3) to support the development of agricultural 4 credit institutions that are designed to serve socially 5 disadvantaged groups, including other financing in- 6 stitutions funded by the Farm Credit System; 7 (4) to support the activities of one or more eq- 8 uity commissions; 9 (5) to support the development of one or more 10 legal centers focused on agricultural legal issues of 11 socially disadvantaged groups; 12 (6) to support and supplement research, edu- 13 cation, and extension, as well as scholarships and 14 programs that provide internships and pathways to 15 Federal employment, at— 16 (A) colleges or universities eligible to re- 17 ceive funds under the Act of August 30, 1890 18 (commonly known as the ‘‘Second Morrill Act’’) 19 (7 U.S.C. 321 et seq.), including Tuskegee Uni- 20 versity; 21 (B) 1994 Institutions (as defined in sec- 22 tion 532 of the Equity in Educational Land- 23 Grant Status Act of 1994 (7 U.S.C. 301 note; 24 Public Law 103–382)); 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 21 •HR 1319 RH (C) Alaska Native serving institutions and 1 Native Hawaiian serving institutions eligible to 2 receive grants under subsections (a) and (b), re- 3 spectively, of section 1419B of the National Ag- 4 ricultural Research, Extension, and Teaching 5 Policy Act of 1977 (7 U.S.C. 3156); 6 (D) Hispanic-serving institutions eligible to 7 receive grants under section 1455 of the Na- 8 tional Agricultural Research, Extension, and 9 Teaching Policy Act of 1977 (7 U.S.C. 3241); 10 and 11 (E) the insular area institutions of higher 12 education located in the territories of the 13 United States, as referred to in section 1489 of 14 the National Agricultural Research, Extension, 15 and Teaching Policy Act of 1977 (7 U.S.C. 16 3361); 17 (7) to provide assistance to socially disadvan- 18 taged farmers, ranchers, or forest landowners that 19 are former farm loan borrowers that suffered related 20 adverse actions or past discrimination or bias, as de- 21 termined by the Secretary; and 22 (8) to establish pilot projects to provide tech- 23 nical and financial assistance to socially disadvan- 24 taged groups, including projects that focus on land 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 22 •HR 1319 RH acquisition, financial planning, technical assistance, 1 and credit. 2 (c) DEFINITIONS.—In this section: 3 (1) NONINDUSTRIAL PRIVATE FOREST LAND.— 4 The term ‘‘nonindustrial private forest land’’ has the 5 meaning given the term in section 1201(a)(18) of 6 the Food Security Act of 1985 (16 U.S.C. 7 3801(a)(18)). 8 (2) SOCIALLY DISADVANTAGED FARMER, 9 RANCHER, OR FOREST LANDOWNER.—The term ‘‘so- 10 cially disadvantaged farmer, rancher, or forest land- 11 owner’’ means a farmer, rancher, or owner or oper- 12 ator of nonindustrial private forest land who is a 13 member of a socially disadvantaged group. 14 (3) SOCIALLY DISADVANTAGED GROUP.—The 15 term ‘‘socially disadvantaged group’’ has the mean- 16 ing given the term in section 2501(a) of the Food, 17 Agriculture, Conservation, and Trade Act of 1990 (7 18 U.S.C. 2279(a)). 19 SEC. 1007. FUNDING FOR FOOD FOR PEACE TITLE II 20 GRANTS. 21 In addition to amounts otherwise made available, 22 there are appropriated for fiscal year 2021, out of any 23 money in the Treasury not otherwise appropriated, 24 $800,000,000, to remain available until September 30, 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 23 •HR 1319 RH 2022, for expenses, not otherwise recoverable, and unre- 1 covered prior years’ costs, including interest thereon, 2 under the Food for Peace Act (Public Law 83–480), for 3 commodities supplied in connection with dispositions 4 abroad under title II of said Act. 5 Subtitle B—Nutrition 6 SEC. 1011. SUPPLEMENTAL NUTRITION ASSISTANCE PRO- 7 GRAM. 8 (a) VALUE OF BENEFITS.—Section 702(a) of division 9 N of the Consolidated Appropriations Act, 2021 (Public 10 Law 116–260) is amended by striking ‘‘June 30, 2021’’ 11 and inserting ‘‘September 30, 2021’’. 12 (b) SNAP ADMINISTRATIVE EXPENSES.—In addition 13 to amounts otherwise available, there is hereby appro- 14 priated for fiscal year 2021, out of any amounts in the 15 Treasury not otherwise appropriated, $1,150,000,000, to 16 remain available until September 30, 2023, with amounts 17 to be obligated for each of fiscal years 2021, 2022, and 18 2023, for the costs of State administrative expenses asso- 19 ciated with carrying out this section and administering the 20 supplemental nutrition assistance program established 21 under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 22 et seq.), of which— 23 (1) $15,000,000 shall be for necessary expenses 24 of the Secretary of Agriculture (in this section re- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 24 •HR 1319 RH ferred to as the ‘‘Secretary’’) for management and 1 oversight of the program; and 2 (2) $1,135,000,000 shall be for the Secretary to 3 make grants to each State agency for each of fiscal 4 years 2021 through 2023 as follows: 5 (A) 75 percent of the amounts available 6 shall be allocated to States based on the share 7 of each State of households that participate in 8 the supplemental nutrition assistance program 9 as reported to the Department of Agriculture 10 for the most recent 12-month period for which 11 data are available, adjusted by the Secretary 12 (as of the date of the enactment of this Act) for 13 participation in disaster programs under section 14 5(h) of the Food and Nutrition Act of 2008 (7 15 U.S.C. 2014(h)); and 16 (B) 25 percent of the amounts available 17 shall be allocated to States based on the in- 18 crease in the number of households that partici- 19 pate in the supplemental nutrition assistance 20 program as reported to the Department of Ag- 21 riculture over the most recent 12-month period 22 for which data are available, adjusted by the 23 Secretary (as of the date of the enactment of 24 this Act) for participation in disaster programs 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 25 •HR 1319 RH under section 5(h) of the Food and Nutrition 1 Act of 2008 (7 U.S.C. 2014(h)). 2 SEC. 1012. ADDITIONAL ASSISTANCE FOR SNAP ONLINE 3 PURCHASING AND TECHNOLOGY IMPROVE- 4 MENTS. 5 (a) FUNDING.—In addition to amounts otherwise 6 made available, there is appropriated for fiscal year 2021, 7 out of any amounts in the Treasury not otherwise appro- 8 priated, $25,000,000 to remain available through Sep- 9 tember 30, 2026, to carry out this section. 10 (b) USE OF FUNDS.—The Secretary of Agriculture 11 may use the amounts made available pursuant to sub- 12 section (a)— 13 (1) to make technological improvements to im- 14 prove online purchasing in the supplemental nutri- 15 tion assistance program established under the Food 16 and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); 17 (2) to modernize electronic benefit transfer 18 technology; 19 (3) to support the mobile technologies dem- 20 onstration projects and the use of mobile tech- 21 nologies authorized under section 7(h)(14) of the 22 Food and Nutrition Act of 2008 (7 U.S.C. 23 2016(h)(14)); and 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 26 •HR 1319 RH (4) to provide technical assistance to educate 1 retailers on the process and technical requirements 2 for the online acceptance of the supplemental nutri- 3 tion assistance program benefits, for mobile pay- 4 ments, and for electronic benefit transfer moderniza- 5 tion initiatives. 6 SEC. 1013. ADDITIONAL FUNDING FOR NUTRITION ASSIST- 7 ANCE PROGRAMS. 8 Section 704 of division N of the Consolidated Appro- 9 priations Act, 2021 (Public Law 116–260) is amended— 10 (1) by striking ‘‘In addition’’ and inserting the 11 following: 12 ‘‘(a) COVID–19 RESPONSE FUNDING.—In addi- 13 tion’’; and 14 (2) by adding at the end the following— 15 ‘‘(b) ADDITIONAL FUNDING.—In addition to any 16 other funds made available, there is appropriated for fiscal 17 year 2021, out of any money in the Treasury not otherwise 18 appropriated, $1,000,000,000 to remain available until 19 September 30, 2027, for the Secretary of Agriculture to 20 provide grants to the Commonwealth of Northern Mariana 21 Islands, Puerto Rico, and American Samoa for nutrition 22 assistance, of which $30,000,000 shall be available to pro- 23 vide grants to the Commonwealth of Northern Mariana 24 Islands for such assistance.’’. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 27 •HR 1319 RH SEC. 1014. COMMODITY SUPPLEMENTAL FOOD PROGRAM. 1 In addition to amounts otherwise made available, 2 there is appropriated for fiscal year 2021, out of any 3 money in the Treasury not otherwise appropriated, 4 $37,000,000, to remain available until September 30, 5 2022, for activities authorized by section 4(a) of the Agri- 6 culture and Consumer Protection Act of 1973 (7 U.S.C. 7 612c note). 8 TITLE II—COMMITTEE ON 9 EDUCATION AND LABOR 10 Subtitle A—Education Matters 11 PART 1—DEPARTMENT OF EDUCATION 12 SEC. 2001. ELEMENTARY AND SECONDARY SCHOOL EMER- 13 GENCY RELIEF FUND. 14 (a) IN GENERAL.—In addition to amounts otherwise 15 available, there is appropriated to the Department of Edu- 16 cation for fiscal year 2021, out of any money in the Treas- 17 ury not otherwise appropriated, $128,554,800,000, to re- 18 main available through September 30, 2023, for providing 19 grants to States in accordance with the same terms and 20 conditions that apply to the Elementary and Secondary 21 School Emergency Relief Fund of the Education Stabiliza- 22 tion Fund for funding appropriated for fiscal year 2021, 23 except that— 24 (1) a State that receives a grant under this sec- 25 tion shall use— 26 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 28 •HR 1319 RH (A) not less than 90 percent of such grant 1 for subgrants to local educational agencies; and 2 (B) not less than 5 percent of such grant 3 to carry out, directly or through grants or con- 4 tracts, activities to address learning loss by sup- 5 porting the implementation of evidence-based 6 interventions, such as summer learning, ex- 7 tended day comprehensive afterschool pro- 8 grams, or extended school year programs, and 9 ensure such interventions respond to students’ 10 academic, social, and emotional needs and ad- 11 dress the disproportionate impact of the 12 coronavirus on the student populations de- 13 scribed in section 1111(h)(1)(C)(ii) of the Ele- 14 mentary and Secondary Education Act of 1965 15 (20 U.S.C. 6311(h)(1)(C)(ii)); and 16 (2) each local educational agency that receives 17 funds from a subgrant under paragraph (1)(A) 18 shall— 19 (A) reserve not less than 20 percent of 20 such funds to address learning loss through the 21 implementation of evidence-based interventions, 22 such as summer learning, extended day com- 23 prehensive afterschool programs, or extended 24 school year programs, and ensure such inter- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 29 •HR 1319 RH ventions respond to students’ academic, social, 1 and emotional needs and address the dispropor- 2 tionate impact of the coronavirus on the stu- 3 dent populations described in section 4 1111(h)(1)(C)(ii) of the Elementary and Sec- 5 ondary Education Act of 1965 (20 U.S.C. 6 6311(h)(1)(C)(ii)); and 7 (B) using funds reserved under subpara- 8 graph (A), provide equitable services in the 9 same manner as provided under section 1117 of 10 the Elementary and Secondary Education Act 11 of 1965 (20 U.S.C. 6320) to students and 12 teachers in non-public schools, as determined in 13 consultation with representatives of non-public 14 schools. 15 (b) PUBLIC CONTROL OF FUNDS.—Control of funds 16 provided under subsection (a)(2)(B), and title to mate- 17 rials, equipment, and property purchased with such funds, 18 shall be in a public agency, and a public agency shall ad- 19 minister such funds, materials, equipment, and property 20 and shall provide such services (or may contract for the 21 provision of such services with a public or private entity). 22 SEC. 2002. HIGHER EDUCATION EMERGENCY RELIEF FUND. 23 In addition to amounts otherwise available, there is 24 appropriated to the Department of Education for fiscal 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 30 •HR 1319 RH year 2021, out of any money in the Treasury not otherwise 1 appropriated, $39,584,570,000, to remain available 2 through September 30, 2023, for making allocations to in- 3 stitutions of higher education in accordance with the same 4 terms and conditions that apply to the Higher Education 5 Emergency Relief Fund of the Education Stabilization 6 Fund for funding appropriated for fiscal year 2021, except 7 that— 8 (1) 91 percent of such funds shall be allocated 9 to each institution of higher education as defined in 10 section 101 or section 102(c) of the Higher Edu- 11 cation Act of 1965 (20 U.S.C. 1001, 1002(c)), and 12 shall be apportioned using the same formula used to 13 apportion funds to each such institution under such 14 Higher Education Emergency Relief Fund; 15 (2) 1 percent of such funds shall be allocated 16 to institutions of higher education as defined in sec- 17 tion 102(b) of the Higher Education Act of 1965 18 (20 U.S.C. 1002(b)), and shall be apportioned using 19 the same formula used to apportion funds to each 20 such institution under such Higher Education Emer- 21 gency Relief Fund; 22 (3) an institution shall solely determine which 23 students receive emergency financial aid grants 24 under this section; 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 31 •HR 1319 RH (4) an institution receiving an allocation— 1 (A) under paragraph (1) shall use not less 2 than 50 percent of such allocation to provide 3 emergency financial aid grants to students; and 4 (B) under paragraph (2) shall use 100 per- 5 cent of such allocation to provide emergency fi- 6 nancial aid grants to students; 7 (5) an institution receiving an allocation under 8 paragraph (1) shall use a portion of such allocation 9 to— 10 (A) implement evidence-based practices to 11 monitor and suppress coronavirus in accordance 12 with public health guidelines; and 13 (B) conduct direct outreach to financial 14 aid applicants about the opportunity to receive 15 a financial aid adjustment due to the recent un- 16 employment of a family member or independent 17 student, or other circumstances, described in 18 section 479A of the Higher Education Act of 19 1965 (20 U.S.C. 1087tt); 20 (6) notwithstanding paragraph (4)(A) or para- 21 graph (5), an institution receiving an allocation 22 under paragraph (1) a portion of which is appor- 23 tioned according to a relative share (based on full- 24 time equivalent enrollment or total number) of stu- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 32 •HR 1319 RH dents who were Pell grant recipients and who were 1 exclusively enrolled in distance education courses 2 prior to the qualifying emergency shall use 100 per- 3 cent of such portion to provide emergency financial 4 aid grants to students; and 5 (7) institutions required to remit payment to 6 the Internal Revenue Service for the excise tax based 7 on investment income of private colleges and univer- 8 sities under section 4968 of the Internal Revenue 9 Code of 1986 for tax year 2019 shall not be subject 10 to restrictions related to the amount of allocations or 11 uses of funds applicable to such institutions under 12 such Higher Education Emergency Relief Fund. 13 SEC. 2003. MAINTENANCE OF EFFORT AND MAINTENANCE 14 OF EQUITY. 15 (a) STATE MAINTENANCE OF EFFORT.— 16 (1) IN GENERAL.—As a condition of receiving 17 funds under section 2001, a State shall maintain 18 support for elementary and secondary education, 19 and for higher education (which shall include State 20 funding to institutions of higher education and State 21 need-based financial aid, and shall not include sup- 22 port for capital projects or for research and develop- 23 ment or tuition and fees paid by students), in each 24 of fiscal years 2022 and 2023 at least at the propor- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 33 •HR 1319 RH tional levels of such State’s support for elementary 1 and secondary education and for higher education 2 relative to such State’s overall spending, averaged 3 over fiscal years 2017, 2018, and 2019. 4 (2) WAIVER.—For the purpose of relieving fis- 5 cal burdens incurred by States in preventing, pre- 6 paring for, and responding to the coronavirus, the 7 Secretary of Education may waive any maintenance 8 of effort requirements associated with the Education 9 Stabilization Fund. 10 (b) STATE MAINTENANCE OF EQUITY.— 11 (1) HIGH-POVERTY LOCAL EDUCATIONAL AGEN- 12 CIES.—As a condition of receiving funds under sec- 13 tion 2001, a State educational agency shall not, in 14 fiscal year 2022 or 2023, reduce State funding (cal- 15 culated on a per-pupil basis) for any high-poverty 16 local educational agency in the State by an amount 17 that exceeds the overall per-pupil reduction in State 18 funds, if any, across all local educational agencies in 19 such State in such fiscal year. 20 (2) LOCAL EDUCATIONAL AGENCIES WITH 21 HIGHEST SHARE OF ECONOMICALLY DISADVAN- 22 TAGED STUDENT.—Notwithstanding paragraph (1), 23 as a condition of receiving funds under section 2001, 24 a State educational agency shall not, in fiscal year 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 34 •HR 1319 RH 2022 or 2023, reduce State funding for any local 1 educational agency that is part of the 20 percent of 2 local educational agencies in the State with the high- 3 est percentage of economically disadvantaged stu- 4 dents (based on the percentages of economically dis- 5 advantaged students served by all local educational 6 agencies in the State on the basis of the most recent 7 satisfactory data available from the Department of 8 Commerce) below the level of funding provided to 9 such local educational agencies in fiscal year 2019. 10 (c) LOCAL EDUCATIONAL AGENCY MAINTENANCE OF 11 EQUITY FOR HIGH-POVERTY SCHOOLS.—As a condition 12 of receiving funds under section 2001, a local educational 13 agency shall not, in fiscal year 2022 or 2023— 14 (1) reduce per-pupil funding (from combined 15 State and local funding) for any high-poverty school 16 served by such local educational agency by an 17 amount that exceeds— 18 (A) the total reduction in local educational 19 agency funding (from combined State and local 20 funding) for all schools served by the local edu- 21 cational agency in such fiscal year (if any); di- 22 vided by 23 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 35 •HR 1319 RH (B) the number of children enrolled in all 1 schools served by the local educational agency 2 in such fiscal year; or 3 (2) reduce per-pupil, full-time equivalent staff 4 in any high-poverty school by an amount that ex- 5 ceeds— 6 (A) the total reduction in full-time equiva- 7 lent staff in all schools served by such local 8 educational agency in such fiscal year (if any); 9 divided by 10 (B) the number of children enrolled in all 11 schools served by the local educational agency 12 in such fiscal year. 13 (d) DEFINITIONS.—In this section: 14 (1) The term ‘‘high-poverty local educational 15 agency’’ means, with respect to a local educational 16 agency in a State, a local educational agency that 17 serves a higher percentage of economically disadvan- 18 taged students than the local educational agency 19 that serves the median percentage of economically 20 disadvantaged students, based on the percentages of 21 economically disadvantaged students served by all 22 local educational agencies in such State, on the basis 23 of the most recent satisfactory data available from 24 the Department of Commerce. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 36 •HR 1319 RH (2) The term ‘‘high-poverty school’’ means, with 1 respect to a school served by a local educational 2 agency, a school that serves a higher percentage of 3 economically disadvantaged students, as determined 4 by any of the measures of poverty in section 1113 5 of the Elementary and Secondary Education Act of 6 1965 (20 U.S.C. 6313) than the school that serves 7 the median percentage of economically disadvan- 8 taged students based on the percentages of economi- 9 cally disadvantaged students— 10 (A) at all schools served by such local edu- 11 cational agency; or 12 (B) at all schools within each grade-span 13 of such local educational agency. 14 (3) The term ‘‘overall per-pupil reduction in 15 State funds’’ means, with respect to a fiscal year— 16 (A) the amount of any reduction in the 17 total amount of State funds provided to all local 18 educational agencies in the State in such fiscal 19 year compared to the total amount of such 20 funds provided to all local educational agencies 21 in the State in the previous fiscal year; divided 22 by 23 (B) the aggregate number of children en- 24 rolled in all schools served by all local edu- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 37 •HR 1319 RH cational agencies in the State in the fiscal year 1 for which the determination is being made. 2 SEC. 2004. OUTLYING AREAS. 3 In addition to amounts otherwise available, there is 4 appropriated to the Department of Education for fiscal 5 year 2021, out of any money in the Treasury not otherwise 6 appropriated, $850,000,000, to remain available through 7 September 30, 2023, for the Secretary of Education to 8 allocate awards to the outlying areas on the basis of their 9 respective needs, as determined by the Secretary, to be 10 allocated not more than 30 calendar days after the date 11 of enactment of this Act. 12 SEC. 2005. BUREAU OF INDIAN EDUCATION. 13 In addition to amounts otherwise available, there is 14 appropriated to the Department of Education for fiscal 15 year 2021, out of any money in the Treasury not otherwise 16 appropriated, $850,000,000, to remain available until ex- 17 pended, for the Secretary of Education to allocate to the 18 Secretary of the Interior for awards, which awards shall 19 be determined and funds for such awards allocated by the 20 Secretary of the Interior not more than 30 calendar days 21 after the date of enactment of this Act, for programs oper- 22 ated or funded by the Bureau of Indian Education, for 23 Bureau-funded schools (as defined in section 1141(3) of 24 the Education Amendments of 1978 (25 U.S.C. 2021(3)), 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 38 •HR 1319 RH and for Tribal Colleges or Universities (as defined in sec- 1 tion 316(b)(3) of the Higher Education Act of 1965 (20 2 U.S.C. 1059c(b)(3))). 3 SEC. 2006. GALLAUDET UNIVERSITY. 4 In addition to amounts otherwise available, there is 5 appropriated to the Department of Education for fiscal 6 year 2021, out of any money in the Treasury not otherwise 7 appropriated, $19,250,000, to remain available through 8 September 30, 2023, for the Kendall Demonstration Ele- 9 mentary School, the Model Secondary School for the Deaf, 10 and Gallaudet University under titles I and II of the Edu- 11 cation of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.) 12 to prevent, prepare for, and respond to coronavirus, do- 13 mestically or internationally, including to defray expenses 14 associated with coronavirus (including lost revenue, reim- 15 bursement for expenses already incurred, technology costs 16 associated with a transition to distance education, faculty 17 and staff trainings, and payroll) and to provide financial 18 aid grants to students, which may be used for any compo- 19 nent of the student’s cost of attendance. 20 SEC. 2007. STUDENT AID ADMINISTRATION. 21 In addition to amounts otherwise available, there is 22 appropriated to the Department of Education for fiscal 23 year 2021, out of any money in the Treasury not otherwise 24 appropriated, $91,130,000, to remain available through 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 39 •HR 1319 RH September 30, 2023, for Student Aid Administration with- 1 in the Department of Education to prevent, prepare for, 2 and respond to coronavirus, domestically or internation- 3 ally, including direct outreach to students and borrowers 4 about financial aid, economic impact payments, means- 5 tested benefits, and tax benefits for which they may be 6 eligible. 7 SEC. 2008. HOWARD UNIVERSITY. 8 In addition to amounts otherwise available, there is 9 appropriated to the Department of Education for fiscal 10 year 2021, out of any money in the Treasury not otherwise 11 appropriated, $35,000,000, to remain available through 12 September 30, 2023, for Howard University to prevent, 13 prepare for, and respond to coronavirus, domestically or 14 internationally, including to defray expenses associated 15 with coronavirus (including lost revenue, reimbursement 16 for expenses already incurred, technology costs associated 17 with a transition to distance education, faculty and staff 18 trainings, and payroll) and to provide financial aid grants 19 to students, which may be used for any component of the 20 student’s cost of attendance. 21 SEC. 2009. NATIONAL TECHNICAL INSTITUTE FOR THE 22 DEAF. 23 In addition to amounts otherwise available, there is 24 appropriated to the Department of Education for fiscal 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 40 •HR 1319 RH year 2021, out of any money in the Treasury not otherwise 1 appropriated, $19,250,000, to remain available through 2 September 30, 2023, for the National Technical Institute 3 for the Deaf under titles I and II of the Education of the 4 Deaf Act of 1986 (20 U.S.C. 4301 et seq.) to prevent, 5 prepare for, and respond to coronavirus, domestically or 6 internationally, including to defray expenses associated 7 with coronavirus (including lost revenue, reimbursement 8 for expenses already incurred, technology costs associated 9 with a transition to distance education, faculty and staff 10 training, and payroll) and to provide financial aid grants 11 to students, which may be used for any component of the 12 student’s cost of attendance. 13 SEC. 2010. INSTITUTE OF EDUCATION SCIENCES. 14 In addition to amounts otherwise available, there is 15 appropriated to the Department of Education for fiscal 16 year 2021, out of any money in the Treasury not otherwise 17 appropriated, $100,000,000, to remain available through 18 September 30, 2023, for the Institute of Education 19 Sciences established under part A of title I of the Edu- 20 cation Sciences Reform Act of 2002 (20 U.S.C. 9511 et 21 seq.) to carry out research related to addressing learning 22 loss caused by the coronavirus among the student popu- 23 lations described in section 1111(h)(1)(C)(ii) of the Ele- 24 mentary and Secondary Education Act of 1965 (20 U.S.C. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 41 •HR 1319 RH 6311(h)(1)(C)(ii)) and to disseminate such findings to 1 State educational agencies and local educational agencies 2 and other appropriate entities. 3 SEC. 2011. PROGRAM ADMINISTRATION. 4 In addition to amounts otherwise available, there is 5 appropriated to the Department of Education for fiscal 6 year 2021, out of any money in the Treasury not otherwise 7 appropriated, $15,000,000, to remain available through 8 September 30, 2024, for Program Administration within 9 the Department of Education to prevent, prepare for, and 10 respond to coronavirus, domestically or internationally, 11 and for salaries and expenses necessary to implement this 12 part. 13 SEC. 2012. OFFICE OF INSPECTOR GENERAL. 14 In addition to amounts otherwise available, there is 15 appropriated to the Department of Education for fiscal 16 year 2021, out of any money in the Treasury not otherwise 17 appropriated, $5,000,000, to remain available until ex- 18 pended, for the Office of Inspector General of the Depart- 19 ment of Education, as authorized by section 211 of the 20 Department of Education Organization Act (20 U.S.C. 21 3422), to prevent, prepare for, and respond to 22 coronavirus, domestically or internationally, including for 23 salaries and expenses necessary for oversight, investiga- 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 42 •HR 1319 RH tions, and audits of programs, grants, and projects funded 1 under this part to respond to coronavirus. 2 SEC. 2013. MODIFICATION OF REVENUE REQUIREMENTS 3 FOR PROPRIETARY INSTITUTIONS OF HIGH- 4 ER EDUCATION. 5 (a) IN GENERAL.—Section 487(a)(24) of the Higher 6 Education Act of 1965 (20 U.S.C. 1094(a)(24)) is amend- 7 ed by striking ‘‘funds provided under this title’’ and insert- 8 ing ‘‘Federal funds that are disbursed or delivered to or 9 on behalf of a student to be used to attend such institution 10 (referred to in this paragraph and subsection (d) as ‘Fed- 11 eral education assistance funds’)’’. 12 (b) IMPLEMENTATION OF NON-FEDERAL REVENUE 13 REQUIREMENT.—Section 487(d) of the Higher Education 14 Act of 1965 (20 U.S.C. 1094(d)) is amended— 15 (1) in the subsection heading, by striking ‘‘Non- 16 title IV’’ and inserting ‘‘Non-Federal’’; and 17 (2) in paragraph (1)(C), by striking ‘‘funds for 18 a program under this title’’ and inserting ‘‘Federal 19 education assistance funds’’. 20 PART 2—MISCELLANEOUS 21 SEC. 2021. NATIONAL ENDOWMENT FOR THE ARTS. 22 In addition to amounts otherwise available, there is 23 appropriated for fiscal year 2021, out of any money in 24 the Treasury not otherwise appropriated, $135,000,000, 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 43 •HR 1319 RH to remain available until expended, under the National 1 Foundation on the Arts and the Humanities Act of 1965 2 (20 U.S.C. 951 et seq.), as follows: 3 (1) Forty percent shall be for grants, and rel- 4 evant administrative expenses, to State arts agencies 5 and regional arts organizations that support organi- 6 zations’ programming and general operating ex- 7 penses to cover up to 100 percent of the costs of the 8 programs which the grants support, to prevent, pre- 9 pare for, respond to, and recover from the 10 coronavirus. 11 (2) Sixty percent shall be for direct grants, and 12 relevant administrative expenses, that support orga- 13 nizations’ programming and general operating ex- 14 penses to cover up to 100 percent of the costs of the 15 programs which the grants support, to prevent, pre- 16 pare for, respond to, and recover from the 17 coronavirus. 18 SEC. 2022. NATIONAL ENDOWMENT FOR THE HUMANITIES. 19 In addition to amounts otherwise available, there is 20 appropriated for fiscal year 2021, out of any money in 21 the Treasury not otherwise appropriated, $135,000,000, 22 to remain available until expended, under the National 23 Foundation on the Arts and the Humanities Act of 1965 24 (20 U.S.C. 951 et seq.), as follows: 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 44 •HR 1319 RH (1) Forty percent shall be for grants, and rel- 1 evant administrative expenses, to State humanities 2 councils that support humanities organizations’ pro- 3 gramming and general operating expenses to cover 4 up to 100 percent of the costs of the programs 5 which the grants support, to prevent, prepare for, 6 respond to, and recover from the coronavirus. 7 (2) Sixty percent shall be for direct grants, and 8 relevant administrative expenses, that support hu- 9 manities organizations’ programming and general 10 operating expenses to cover up to 100 percent of the 11 costs of the programs which the grants support, to 12 prevent, prepare for, respond to, and recover from 13 the coronavirus. 14 SEC. 2023. INSTITUTE OF MUSEUM AND LIBRARY SERVICES. 15 In addition to amounts otherwise available, there is 16 appropriated for fiscal year 2021, out of any money in 17 the Treasury not otherwise appropriated, $200,000,000, 18 to remain available until expended, to carry out the Li- 19 brary Services and Technology Act (20 U.S.C. 9121 et 20 seq.) as authorized under subtitle B of the Museum and 21 Library Services Act (20 U.S.C. 9121 et seq.), including 22 for administrative costs authorized under section 210C of 23 such Act (20 U.S.C. 9111), except that— 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 45 •HR 1319 RH (1) section 221(b)(3)(A) of the Library Services 1 and Technology Act shall be applied by substituting 2 ‘‘$2,000,000’’ for ‘‘$680,000’’ and by substituting 3 ‘‘$200,000’’ for ‘‘$60,000’’; and 4 (2) section 221(b)(3)(C) and subsections (b) 5 and (c) of section 223 of such Act shall not apply 6 to funds provided under this section. 7 SEC. 2024. COVID-19 RESPONSE RESOURCES FOR THE PRES- 8 ERVATION AND MAINTENANCE OF NATIVE 9 AMERICAN LANGUAGES. 10 (a) Section 816 of the Native American Programs 11 Act of 1974 (42 U.S.C. 2992d) is amended by adding at 12 the end the following: 13 ‘‘(f) In addition to amounts otherwise available, there 14 is appropriated for fiscal year 2021, out of any money in 15 the Treasury not otherwise appropriated, $10,000,000 to 16 remain available until expended, to carry out section 17 803C(g) of this Act.’’. 18 (b) Section 803C of the Native American Programs 19 Act of 1974 (42 U.S.C. 2991b-3) is amended by adding 20 at the end the following: 21 ‘‘(g) EMERGENCY GRANTS FOR NATIVE AMERICAN 22 LANGUAGE PRESERVATION AND MAINTENANCE.—Not 23 later than 180 days after the effective date of this sub- 24 section, the Secretary shall award grants to entities eligi- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 46 •HR 1319 RH ble to receive assistance under subsection (a) to ensure 1 the survival and continuing vitality of Native American 2 languages during and after the public health emergency 3 declared by the Secretary pursuant to section 319 of the 4 Public Health Service Act (42 U.S.C. 247d) with respect 5 to the COVID–19 pandemic.’’. 6 Subtitle B—Labor Matters 7 SEC. 2101. RAISING THE FEDERAL MINIMUM WAGE. 8 (a) MINIMUM WAGE INCREASES.— 9 (1) IN GENERAL.—Section 6(a)(1) of the Fair 10 Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) 11 is amended to read as follows: 12 ‘‘(1) except as otherwise provided in this sec- 13 tion, not less than— 14 ‘‘(A) $9.50 an hour, beginning on the ef- 15 fective date under section 2101(e) of the Amer- 16 ican Rescue Plan Act of 2021; 17 ‘‘(B) $11.00 an hour, beginning 1 year 18 after such effective date; 19 ‘‘(C) $12.50 an hour, beginning 2 years 20 after such effective date; 21 ‘‘(D) $14.00 an hour, beginning 3 years 22 after such effective date; 23 ‘‘(E) $15.00 an hour, beginning 4 years 24 after such effective date; and 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 47 •HR 1319 RH ‘‘(F) beginning on the date that is 5 years 1 after such effective date, and annually there- 2 after, the amount determined by the Secretary 3 under subsection (h);’’. 4 (2) DETERMINATION BASED ON INCREASE IN 5 THE MEDIAN HOURLY WAGE OF ALL EMPLOYEES.— 6 Section 6 of the Fair Labor Standards Act of 1938 7 (29 U.S.C. 206) is amended by adding at the end 8 the following: 9 ‘‘(h)(1) Not later than each date that is 90 days be- 10 fore a new minimum wage determined under subsection 11 (a)(1)(F) is to take effect, the Secretary shall determine 12 the minimum wage to be in effect under this subsection 13 for each period described in subsection (a)(1)(F). The 14 wage determined under this subsection for a year shall 15 be— 16 ‘‘(A) not less than the amount in effect under 17 subsection (a)(1) on the date of such determination; 18 ‘‘(B) increased from such amount by the annual 19 percentage increase, if any, in the median hourly 20 wage of all employees as determined by the Bureau 21 of Labor Statistics; and 22 ‘‘(C) rounded up to the nearest multiple of 23 $0.05. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 48 •HR 1319 RH ‘‘(2) In calculating the annual percentage increase in 1 the median hourly wage of all employees for purposes of 2 paragraph (1)(B), the Secretary, through the Bureau of 3 Labor Statistics, shall compile data on the hourly wages 4 of all employees to determine such a median hourly wage 5 and compare such median hourly wage for the most recent 6 year for which data are available with the median hourly 7 wage determined for the preceding year.’’. 8 (b) TIPPED EMPLOYEES.— 9 (1) BASE MINIMUM WAGE FOR TIPPED EMPLOY- 10 EES AND TIPS RETAINED BY EMPLOYEES.—Section 11 3(m)(2)(A)(i) of the Fair Labor Standards Act of 12 1938 (29 U.S.C. 203(m)(2)(A)(i)) is amended to 13 read as follows: 14 ‘‘(i) the cash wage paid such em- 15 ployee, which for purposes of such deter- 16 mination shall be not less than— 17 ‘‘(I) for the 1-year period begin- 18 ning on the effective date under sec- 19 tion 2101(e) of the American Rescue 20 Plan Act of 2021, $4.95 an hour; 21 ‘‘(II) for each succeeding 1-year 22 period until the hourly wage under 23 this clause equals the wage in effect 24 under section 6(a)(1) for such period, 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 49 •HR 1319 RH an hourly wage equal to the amount 1 determined under this clause for the 2 preceding year, increased by the lesser 3 of— 4 ‘‘(aa) $2.00; or 5 ‘‘(bb) the amount necessary 6 for the wage in effect under this 7 clause to equal the wage in effect 8 under section 6(a)(1) for such 9 period, rounded up to the nearest 10 multiple of $0.05; and 11 ‘‘(III) for each succeeding 1-year 12 period after all increases are made 13 pursuant to subclause (II), the min- 14 imum wage in effect under section 15 6(a)(1); and’’. 16 (2) SCHEDULED REPEAL OF SEPARATE MIN- 17 IMUM WAGE FOR TIPPED EMPLOYEES.— 18 (A) TIPPED EMPLOYEES.—Section 19 3(m)(2)(A) of the Fair Labor Standards Act of 20 1938 (29 U.S.C. 203(m)(2)(A)), as amended by 21 paragraph (1), is further amended by striking 22 the sentence beginning with ‘‘In determining 23 the wage an employer is required to pay a 24 tipped employee,’’ and all that follows through 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 50 •HR 1319 RH ‘‘of this subsection.’’ and inserting ‘‘The wage 1 required to be paid to a tipped employee shall 2 be the wage set forth in section 6(a)(1).’’. 3 (B) EFFECTIVE DATE.—The amendments 4 made by subparagraph (A) shall take effect on 5 the date that is 1 day after the date on which 6 the hourly wage under subclause (III) of section 7 3(m)(2)(A)(i) of the Fair Labor Standards Act 8 of 1938 (29 U.S.C. 203(m)(2)(A)(i)), as 9 amended by paragraph (1), takes effect. 10 (3) PENALTIES.—Section 16 of the Fair Labor 11 Standards Act of 1938 (29 U.S.C. 216) is amend- 12 ed— 13 (A) in the third sentence of subsection (b), 14 by inserting ‘‘or used’’ after ‘‘kept’’; and 15 (B) in the second sentence of subsection 16 (e)(2), by inserting ‘‘or used’’ after ‘‘kept’’. 17 (c) NEWLY HIRED EMPLOYEES WHO ARE LESS 18 THAN 20 YEARS OLD.— 19 (1) IN GENERAL.—Section 6(g)(1) of the Fair 20 Labor Standards Act of 1938 (29 U.S.C. 206(g)(1)) 21 is amended by striking ‘‘a wage which is not less 22 than $4.25 an hour.’’ and inserting the following: ‘‘a 23 wage at a rate that is not less than— 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 51 •HR 1319 RH ‘‘(A) for the 1-year period beginning on 1 the effective date under section 2101(e) of the 2 American Rescue Plan Act of 2021, $6.00 an 3 hour; 4 ‘‘(B) for each succeeding 1-year period 5 until the hourly wage under this paragraph 6 equals the wage in effect under section 6(a)(1) 7 for such period, an hourly wage equal to the 8 amount determined under this paragraph for 9 the preceding year, increased by the lesser of— 10 ‘‘(i) $1.75; or 11 ‘‘(ii) the amount necessary for the 12 wage in effect under this paragraph to 13 equal the wage in effect under section 14 6(a)(1) for such period, rounded up to the 15 nearest multiple of $0.05; and 16 ‘‘(C) for each succeeding 1-year period 17 after all increases are made pursuant to sub- 18 paragraph (B), the minimum wage in effect 19 under section 6(a)(1).’’. 20 (2) SCHEDULED REPEAL OF SEPARATE MIN- 21 IMUM WAGE FOR NEWLY HIRED EMPLOYEES WHO 22 ARE LESS THAN 20 YEARS OLD.— 23 (A) IN GENERAL.—Section 6(g) of the 24 Fair Labor Standards Act of 1938 (29 U.S.C. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 52 •HR 1319 RH 206(g)), as amended by paragraph (1), shall be 1 repealed. 2 (B) EFFECTIVE DATE.—The repeal made 3 by subparagraph (A) shall take effect on the 4 date that is 1 day after the date on which the 5 hourly wage under subparagraph (C) of section 6 6(g)(1) of the Fair Labor Standards Act of 7 1938 (29 U.S.C. 206(g)(1)), as amended by 8 paragraph (1), takes effect. 9 (d) PROMOTING ECONOMIC SELF-SUFFICIENCY FOR 10 INDIVIDUALS WITH DISABILITIES.— 11 (1) PROHIBITION ON NEW SPECIAL CERTIFI- 12 CATES.— 13 (A) IN GENERAL.—Section 14(c) of the 14 Fair Labor Standards Act of 1938 (29 U.S.C. 15 214(c)) is amended by adding at the end the 16 following: 17 ‘‘(6) PROHIBITION ON NEW SPECIAL CERTIFI- 18 CATES.—Notwithstanding paragraph (1), the Sec- 19 retary shall not issue a special certificate under this 20 subsection to an employer that was not issued a spe- 21 cial certificate under this subsection before the date 22 of enactment of the American Rescue Plan Act of 23 2021.’’. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 53 •HR 1319 RH (B) EFFECTIVE DATE.—The amendment 1 made by subparagraph (A) shall take effect on 2 the date of enactment of this Act. 3 (2) TRANSITION TO FAIR WAGES FOR INDIVID- 4 UALS WITH DISABILITIES.—Subparagraph (A) of 5 section 14(c)(1) of the Fair Labor Standards Act of 6 1938 (29 U.S.C. 214(c)(1)) is amended to read as 7 follows: 8 ‘‘(A) at a rate that equals or exceeds, for 9 each year, the greater of— 10 ‘‘(i)(I) $5.00 an hour, beginning on 11 the effective date under section 2101(e) of 12 the American Rescue Plan Act of 2021; 13 ‘‘(II) $7.50 an hour, beginning 1 year 14 after such effective date; 15 ‘‘(III) $10.00 an hour, beginning 2 16 years after such effective date; 17 ‘‘(IV) $12.50 an hour, beginning 3 18 years after such effective date; 19 ‘‘(V) $15.00 an hour, beginning 4 20 years after such effective date; and 21 ‘‘(VI) the wage rate in effect under 22 section 6(a)(1), beginning 5 years after 23 such effective date; or 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 54 •HR 1319 RH ‘‘(ii) if applicable, the wage rate in ef- 1 fect on the day before the date of enact- 2 ment of the American Rescue Plan Act of 3 2021 for the employment, under a special 4 certificate issued under this paragraph, of 5 the individual for whom the wage rate is 6 being determined under this subpara- 7 graph,’’. 8 (3) SUNSET.—Section 14(c) of the Fair Labor 9 Standards Act of 1938 (29 U.S.C. 214(c)) is further 10 amended by adding at the end the following: 11 ‘‘(7) SUNSET.—Beginning on the day after the 12 date on which the wage rate described in paragraph 13 (1)(A)(i)(VI) takes effect, the authority to issue spe- 14 cial certificates under paragraph (1) shall expire, 15 and no special certificates issued under paragraph 16 (1) shall have any legal effect.’’. 17 (e) GENERAL EFFECTIVE DATE.—Except as other- 18 wise provided in this section, or the amendments made 19 by this section, this section and the amendments made by 20 this section shall take effect— 21 (1) subject to paragraph (2), on the first day 22 of the third month that begins after the date of the 23 enactment of this Act; and 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 55 •HR 1319 RH (2) with respect to the Commonwealth of the 1 Northern Mariana Islands, on the date that is 18 2 months after the effective date described in para- 3 graph (1). 4 SEC. 2102. FUNDING FOR DEPARTMENT OF LABOR WORKER 5 PROTECTION ACTIVITIES. 6 (a) APPROPRIATION.—In addition to amounts other- 7 wise made available, out of any funds in the Treasury not 8 otherwise appropriated, there are appropriated to the Sec- 9 retary of Labor for fiscal year 2021, $150,000,000, to re- 10 main available until September 30, 2023, for the Wage 11 and Hour Division, the Office of Workers’ Compensation 12 Programs, the Office of the Solicitor, the Mine Safety and 13 Health Administration, and the Occupational Safety and 14 Health Administration to carry out COVID–19 related 15 worker protection activities, and for the Office of Inspec- 16 tor General for oversight of the Secretary’s activities to 17 prevent, prepare for, and respond to COVID–19. 18 (b) ALLOCATION OF AMOUNTS.—Amounts appro- 19 priated under subsection (a) shall be allocated as follows: 20 (1) Not less than $75,000,000 shall be for the 21 Occupational Safety and Health Administration, of 22 which $10,000,000 shall be for Susan Harwood 23 training grants and not less than $5,000,000 shall 24 be for enforcement activities related to COVID–19 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 56 •HR 1319 RH at high risk workplaces including health care, meat 1 and poultry processing facilities, agricultural work- 2 places and correctional facilities. 3 (2) $12,500,000 shall be for the Office of In- 4 spector General. 5 SEC. 2103. ELIGIBILITY FOR WORKERS’ COMPENSATION 6 BENEFITS FOR FEDERAL EMPLOYEES DIAG- 7 NOSED WITH COVID–19. 8 (a) IN GENERAL.—Subject to subsection (c), a cov- 9 ered employee shall, with respect to any claim made by 10 or on behalf of the covered employee for benefits under 11 subchapter I of chapter 81 of title 5, United States Code, 12 be deemed to have an injury proximately caused by expo- 13 sure to the novel coronavirus arising out of the nature of 14 the covered employee’s employment. Such covered em- 15 ployee, or a beneficiary of such an employee, shall be enti- 16 tled to such benefits for such claim, including disability 17 compensation, medical services, and survivor benefits. 18 (b) DEFINITIONS.—In this section, the following: 19 (1) COVERED EMPLOYEE.— 20 (A) IN GENERAL.—The term ‘‘covered em- 21 ployee’’ means an individual— 22 (i) who is an employee under section 23 8101(1) of title 5, United States Code, (in- 24 cluding an employee of the United States 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 57 •HR 1319 RH Postal Service, the Transportation Security 1 Administration, or the Department of Vet- 2 erans Affairs, including any individual ap- 3 pointed under chapter 73 or 74 of title 38, 4 United States Code) employed in the Fed- 5 eral service at anytime during the period 6 beginning on January 27, 2020, and end- 7 ing on January 27, 2023; 8 (ii) who is diagnosed with COVID–19 9 during such period; and 10 (iii) who, during a covered exposure 11 period prior to such diagnosis, carries out 12 duties that— 13 (I) require contact with patients, 14 members of the public, or co-workers; 15 or 16 (II) include a risk of exposure to 17 the novel coronavirus. 18 (B) TELEWORKING EXCEPTION.—The 19 term ‘‘covered employee’’ does not include any 20 employee otherwise covered by subparagraph 21 (A) who is exclusively teleworking during a cov- 22 ered exposure period, regardless of whether 23 such employment is full time or part time. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 58 •HR 1319 RH (2) COVERED EXPOSURE PERIOD.—The term 1 ‘‘covered exposure period’’ means, with respect to a 2 diagnosis of COVID–19, the period beginning on a 3 date to be determined by the Secretary of Labor. 4 (3) NOVEL CORONAVIRUS.—The term ‘‘novel 5 coronavirus’’ means SARS–CoV–2 or another 6 coronavirus declared to be a pandemic by public 7 health authorities. 8 (c) LIMITATION.— 9 (1) DETERMINATIONS MADE ON OR BEFORE 10 THE DATE OF ENACTMENT.—This section shall not 11 apply with respect to a covered employee who is de- 12 termined to be entitled to benefits under subchapter 13 I of chapter 81 of title 5, United States Code, for 14 a claim described in subsection (a) if such deter- 15 mination is made on or before the date of enactment 16 of this Act. 17 (2) LIMITATION ON DURATION OF BENEFITS.— 18 No funds are authorized to be appropriated to pay, 19 and no benefits may be paid for, claims approved on 20 the basis of subsection (a) after September 30, 21 2030. No administrative costs related to any such 22 claim may be paid after such date. 23 (d) EMPLOYEES’ COMPENSATION FUND.— 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 59 •HR 1319 RH (1) IN GENERAL.—The costs of benefits for 1 claims approved on the basis of subsection (a) shall 2 not be included in the annual statement of the cost 3 of benefits and other payments of an agency or in- 4 strumentality under section 8147(b) of title 5, 5 United States Code. 6 (2) FAIR SHARE PROVISION.—Costs of adminis- 7 tration for claims described in paragraph (1)— 8 (A) may be paid from the Employees’ 9 Compensation Fund; and 10 (B) shall not be subject to the fair share 11 provision in section 8147(c) of title 5, United 12 States Code. 13 SEC. 2104. COMPENSATION PURSUANT TO THE LONGSHORE 14 AND HARBOR WORKERS’ COMPENSATION 15 ACT. 16 (a) CLAIMS RELATED TO COVID–19.— 17 (1) IN GENERAL.—Subject to subsection (c), a 18 covered employee who receives a diagnosis or is sub- 19 ject to an order described in paragraph (2)(B) and 20 who provides notice of or files a claim relating to 21 such diagnosis or order under section 12 or 13 of 22 the Longshore and Harbor Workers’ Compensation 23 Act (33 U.S.C. 912, 913), respectively, shall be con- 24 clusively presumed to have an injury arising out of 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 60 •HR 1319 RH or in the course of employment for the purpose of 1 compensation under the Longshore and Harbor 2 Workers’ Compensation Act (33 U.S.C. 901 et seq.). 3 (2) COVERED EMPLOYEE.—In this section, the 4 term ‘‘covered employee’’ means an individual who, 5 at any time during the period beginning January 27, 6 2020, and ending on January 27, 2023— 7 (A) is an employee; and 8 (B) is— 9 (i) diagnosed with COVID–19; or 10 (ii) ordered not to return to work by 11 the employee’s employer or by a local, 12 State, or Federal agency because of expo- 13 sure, or the risk of exposure, to 1 or more 14 individuals diagnosed with COVID–19 in 15 the workplace. 16 (3) LIMITATION.—This section shall not apply 17 with respect to a covered employee who— 18 (A) provides notice or files a claim de- 19 scribed in paragraph (1) on or before the date 20 of the enactment of this Act; and 21 (B) is determined to be entitled to the 22 compensation described in paragraph (1) or 23 awarded such compensation if such determina- 24 tion or award is made on or before such date. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 61 •HR 1319 RH (4) DENIALS ON OR BEFORE THE DATE OF EN- 1 ACTMENT.—Paragraph (1) shall apply with respect 2 to a covered employee who is determined not to be 3 entitled to, or who is not awarded, compensation de- 4 scribed in paragraph (1) if such determination or de- 5 cision not to award such compensation is made on 6 or before the date of enactment of this Act. 7 (b) REIMBURSEMENT.— 8 (1) IN GENERAL.— 9 (A) ENTITLEMENT.—Subject to subpara- 10 graph (B) and to the availability of appropria- 11 tions and limitation on payments under sub- 12 section (c), an employer of a covered employee 13 or the employer’s carrier shall be entitled to re- 14 imbursement for any compensation paid with 15 respect to a notice or claim described in sub- 16 section (a), including disability benefits, funeral 17 and burial expenses, medical or other related 18 costs for treatment and care, and reasonable 19 and necessary allocated claims expenses. 20 (B) SAFETY AND HEALTH REQUIRE- 21 MENTS.—To be entitled to reimbursement 22 under subparagraph (A)— 23 (i) an employer shall be in compliance 24 with all applicable safety and health guide- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 62 •HR 1319 RH lines and standards that are related to the 1 prevention of occupational exposure to the 2 novel coronavirus that causes COVID–19, 3 including such guidelines and standards 4 issued by the Occupational Safety and 5 Health Administration, State plans ap- 6 proved under section 18 of the Occupa- 7 tional Safety and Health Act of 1970 (29 8 U.S.C. 667), and the National Institute for 9 Occupational Safety and Health; and 10 (ii) a carrier— 11 (I) shall be a carrier for an em- 12 ployer that is in compliance with 13 clause (i); and 14 (II) shall not adjust the experi- 15 ence rating or the annual premium of 16 the employer based upon the com- 17 pensation paid by the carrier with re- 18 spect to a notice or claim described in 19 subparagraph (A). 20 (2) REIMBURSEMENT PROCEDURES.— 21 (A) IN GENERAL.—Subject to subsection 22 (c), to receive reimbursement under paragraph 23 (1)— 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 63 •HR 1319 RH (i) a claim for such reimbursement 1 shall be submitted to the Secretary of 2 Labor— 3 (I) not earlier than— 4 (aa) the date on which a 5 compensation order (as described 6 in section 19(e) of the Longshore 7 and Harbor Workers’ Compensa- 8 tion Act (33 U.S.C. 919(e))) is 9 issued that fixes entitlement to 10 benefits; or 11 (bb) the date on which— 12 (AA) a payment is 13 made under such Act; 14 (BB) entitlement to 15 benefits is established under 16 such Act; and 17 (CC) the rate of com- 18 pensation and period of pay- 19 ment is relatively fixed and 20 known; and 21 (II) not later than one year after 22 the final payment of compensation to 23 a covered employee pursuant to this 24 section; and 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 64 •HR 1319 RH (ii) an employer and the employer’s 1 carrier shall make, keep, and preserve such 2 records, make such reports, and provide 3 such information, as the Secretary of 4 Labor determines necessary or appropriate 5 to carry out this section. 6 (B) COMMUTATION OF COMPENSATION IN- 7 STALLMENTS.—The Secretary may commute 8 future compensation installments with respect 9 to a claim under this section. 10 (c) EMPLOYEES’ COMPENSATION FUND.— 11 (1) IN GENERAL.—A reimbursement under sub- 12 section (b) shall be paid out of the Employees’ Com- 13 pensation Fund under section 8147 of title 5, 14 United States Code. 15 (2) FUNDING.—In addition to amounts other- 16 wise available, there are authorized to be appro- 17 priated, and there are appropriated, out of any 18 money in the Treasury not otherwise appropriated, 19 such funds as may be necessary for the period begin- 20 ning on the date of enactment of this Act and end- 21 ing on September 30, 2030, to reimburse the Em- 22 ployees’ Compensation Fund for each reimbursement 23 paid out of such Fund under subsection (b). 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 65 •HR 1319 RH (3) LIMITATION.—With respect to a claim for 1 benefits approved on the basis of subsection (a), no 2 payments may be made from the Employees’ Com- 3 pensation Fund or the special fund established in 4 section 44 of Longshore and Harbor Workers’ Com- 5 pensation Act (33 U.S.C. 944) after September 30, 6 2030, for benefits, reimbursements, or other expend- 7 itures relating to such claim. 8 (4) FINAL ACTION.—The action of the Sec- 9 retary in allowing or denying any reimbursement 10 under subsection (b) shall be final and conclusive on 11 all questions of law and fact and not subject to re- 12 view by any other official of the United States or by 13 any court by mandamus or otherwise. 14 (d) DEFINITIONS.—In this section: 15 (1) LHWCA TERMS.—The terms ‘‘carrier’’, 16 ‘‘compensation’’, ‘‘employee’’, and ‘‘employer’’ have 17 the meanings given the terms in section 2 of the 18 Longshore and Harbor Workers’ Compensation Act 19 (33 U.S.C. 902). 20 (2) NOVEL CORONAVIRUS.—The term ‘‘novel 21 coronavirus’’ means SARS–CoV–2 or any other 22 coronavirus declared to be a pandemic by public 23 health authorities. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 66 •HR 1319 RH Subtitle C—Human Services and 1 Community Supports 2 SEC. 2201. ADDITIONAL FUNDING FOR AGING AND DIS- 3 ABILITY SERVICES PROGRAMS. 4 Subtitle A of title XX of the Social Security Act (42 5 U.S.C. 1397-1397h) is amended by adding at the end the 6 following: 7 ‘‘SEC. 2010. ADDITIONAL FUNDING FOR AGING AND DIS- 8 ABILITY SERVICES PROGRAMS. 9 ‘‘(a) APPROPRIATION.—In addition to amounts oth- 10 erwise available, there is appropriated for fiscal year 2021, 11 out of any money in the Treasury not otherwise appro- 12 priated, $276,000,000, to remain available until expended, 13 to carry out the programs described in subtitle B. 14 ‘‘(b) USE OF FUNDS.— 15 ‘‘(1) IN GENERAL.—Of the amounts made 16 available by subsection (a)— 17 ‘‘(A) $88,000,000 shall be made available 18 to carry out the programs described in subtitle 19 B in fiscal year 2021, of which not less than an 20 amount equal to $100,0000,000 minus the 21 amount previously provided in fiscal year 2021 22 to carry out section 2042(b) shall be made 23 available to carry out such section; and 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 67 •HR 1319 RH ‘‘(B) $188,000,000 shall be made available 1 to carry out the programs described in subtitle 2 B in fiscal year 2022, of which not less than 3 $100,000,000 shall be for activities described in 4 section 2042(b). 5 ‘‘(2) SERVICES FOR ALL ADULTS.—The 6 amounts made available by subsection (a) of this 7 section to carry out section 2042(b) may be used to 8 provide services under programs described in section 9 2042(b) for all adults.’’. 10 SEC. 2202. SUPPORTING OLDER AMERICANS AND THEIR 11 FAMILIES. 12 (a) APPROPRIATION.—In addition to amounts other- 13 wise available, there is appropriated for fiscal year 2021, 14 out of any money in the Treasury not otherwise appro- 15 priated, $1,444,000,000, to remain available until ex- 16 pended, to carry out the Older Americans Act of 1965. 17 (b) ALLOCATION OF AMOUNTS.—Amounts made 18 available by subsection (a) shall be available as follows: 19 (1) $750,000,000 shall be available to carry out 20 part C of title III of such Act. 21 (2) $25,000,000 shall be available to carry out 22 title VI of such Act, including part C of such title. 23 (3) $470,000,000 shall be available to carry out 24 part B of title III of such Act, including for— 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 68 •HR 1319 RH (A) supportive services of the types made 1 available for fiscal year 2020; 2 (B) efforts related to COVID–19 vaccina- 3 tion outreach, including education, communica- 4 tion, transportation, and other activities to fa- 5 cilitate vaccination of older individuals; and 6 (C) prevention and mitigation activities re- 7 lated to COVID–19 focused on addressing ex- 8 tended social isolation among older individuals, 9 including activities for investments in techno- 10 logical equipment and solutions or other strate- 11 gies aimed at alleviating negative health effects 12 of social isolation due to long-term stay-at-home 13 recommendations for older individuals for the 14 duration of the COVID–19 public health emer- 15 gency; 16 (4) $44,000,000 shall be available to carry out 17 part D of title III of such Act. 18 (5) $145,000,000 shall be available to carry out 19 part E of title III of such Act. 20 (6) $10,000,000 shall be available to carry out 21 the long-term care ombudsman program under title 22 VII of such Act. 23 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 69 •HR 1319 RH SEC. 2203. CHILD CARE AND DEVELOPMENT BLOCK GRANT 1 PROGRAM. 2 (a) CHILD CARE AND DEVELOPMENT BLOCK GRANT 3 FUNDING.—In addition to amounts otherwise available, 4 there is appropriated for fiscal year 2021, out of any 5 amounts in the Treasury not otherwise appropriated, 6 $14,990,000,000, to remain available through September 7 30, 2021, to carry out the Child Care and Development 8 Block Grant of 1990 (42 U.S.C. 9857 et seq.) without 9 regard to requirements in sections 658E(c)(3)(D)–(E) or 10 658G of such Act (42 U.S.C. 9858c(c)(3), 9858e). Pay- 11 ments made to States, territories, Indian Tribes, and Trib- 12 al organizations from funds made available under this sub- 13 section shall be obligated in fiscal year 2021 or the suc- 14 ceeding 2 fiscal years. States, territories, Indian Tribes, 15 and Tribal organizations are authorized to use such funds 16 to provide child care assistance to health care sector em- 17 ployees, emergency responders, sanitation workers, and 18 other workers deemed essential during the response to 19 coronavirus by public officials, without regard to the in- 20 come eligibility requirements of section 658P(4) of the 21 Child Care and Development Block Grant Act (42 U.S.C. 22 9858n(4)). 23 (b) CHILD CARE STABILIZATION FUNDING.—In ad- 24 dition to amounts otherwise available, there is appro- 25 priated for fiscal year 2021, out of any amounts in the 26 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 70 •HR 1319 RH Treasury not otherwise appropriated, $23,975,000,000, to 1 remain available through September 30, 2021, for grants 2 under section 2204(b) of this subtitle and in accordance 3 with the Child Care and Development Block Grant Act 4 of 1990 (42 U.S.C. 9857 et seq.), except for the require- 5 ments in subparagraphs (C) through (E) of section 6 658E(c)(3), and section 658G, of such Act (42 U.S.C. 7 9858c(c)(3), 9858e). 8 (c) ADMINISTRATIVE COSTS.—In addition to 9 amounts otherwise available, there is appropriated for fis- 10 cal year 2021, out of any amounts in the Treasury not 11 otherwise appropriated, $35,000,000, to remain available 12 through September 30, 2025, for the costs of providing 13 technical assistance and conducting research and for the 14 administrative costs to carry out this section and section 15 2204 of this subtitle. 16 SEC. 2204. CHILD CARE STABILIZATION. 17 (a) DEFINITIONS.—In this section: 18 (1) CHILD CARE AND DEVELOPMENT BLOCK 19 GRANT TERMS.—The terms ‘‘lead agency’’, ‘‘Sec- 20 retary’’, and ‘‘State’’ have the meanings given those 21 terms, and the terms ‘‘Indian Tribe’’ and ‘‘Tribal 22 organization’’ have the meanings given the terms 23 ‘‘Indian tribe’’ and ‘‘tribal organization’’, in section 24 658P of the Child Care and Development Block 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 71 •HR 1319 RH Grant Act of 1990 (42 U.S.C. 9858n) except as oth- 1 erwise provided in this section. 2 (2) COVID–19 PUBLIC HEALTH EMERGENCY.— 3 The term ‘‘COVID–19 public health emergency’’ 4 means the public health emergency declared by the 5 Secretary of Health and Human Services under sec- 6 tion 319 of the Public Health Service Act (42 7 U.S.C. 247d) on January 31, 2020, with respect to 8 COVID–19, including any renewal of the declara- 9 tion. 10 (3) ELIGIBLE CHILD CARE PROVIDER.—The 11 term ‘‘eligible child care provider’’ means an eligible 12 child care provider as defined in section 658P of the 13 Child Care and Development Block Grant Act of 14 1990 (42 U.S.C. 9858n) or a child care provider 15 that is licensed, regulated, or registered in the State, 16 territory, or Indian Tribe on the date of enactment 17 of this Act and meets applicable State and local 18 health and safety requirements. 19 (b) GRANTS.—From the amounts appropriated to 20 carry out this section and under the authority of section 21 658O of the Child Care and Development Block Grant Act 22 of 1990 (42 U.S.C. 9858m) and this section, the Secretary 23 shall award to the lead agency of each State (as des- 24 ignated or established under section 658D(a) of such Act 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 72 •HR 1319 RH (42 U.S.C. 9858b(a)), territory and possession described 1 in subsection 658O(a)(1) of such Act, and Indian Tribe 2 and Tribal organization described in section 658O(a)(2) 3 of such Act that has submitted to the Secretary a letter 4 of intent to use funds awarded pursuant to this sub- 5 section, child care stabilization grants from allotments and 6 payments determined in accordance with paragraphs (1) 7 and (2) of subsection (a), and subsection (b), of section 8 658O of the Child Care and Development Block Grant Act 9 of 1990 (42 U.S.C. 9858m). Such grants shall be used 10 in accordance with the Child Care and Development Block 11 Grant Act of 1990 (42 U.S.C. 9857 et seq.), except for 12 the requirements in subparagraphs (C) through (E) of sec- 13 tion 658E(c)(3), and in section 658G, of such Act (42 14 U.S.C. 9858c(c)(3), 9858e). 15 (c) STATE RESERVATIONS AND SUBGRANTS.— 16 (1) RESERVATION.—A lead agency for a State 17 that receives a child care stabilization grant pursu- 18 ant to subsection (b) shall reserve not more than 10 19 percent of such grant funds to administer subgrants, 20 provide technical assistance and support for applying 21 for and accessing the subgrant opportunity, publicize 22 the availability of the subgrants, and provide tech- 23 nical assistance to help child care providers imple- 24 ment policies as described in paragraph (2)(D)(i). 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 73 •HR 1319 RH (2) SUBGRANTS TO QUALIFIED CHILD CARE 1 PROVIDERS.— 2 (A) IN GENERAL.—The lead agency shall 3 use the remainder of the grant funds awarded 4 pursuant to subsection (b) to make subgrants 5 to qualified child care providers described in 6 subparagraph (B), regardless of such a pro- 7 vider’s previous receipt of other Federal assist- 8 ance, to support the stability of the child care 9 sector during and after the COVID–19 public 10 health emergency. 11 (B) QUALIFIED CHILD CARE PROVIDER.— 12 To be qualified to receive a subgrant under this 13 paragraph, a provider shall be an eligible child 14 care provider that on the date of submission of 15 an application for the subgrant, was either— 16 (i) open and available to provide child 17 care services; or 18 (ii) closed due to public health, finan- 19 cial hardship, or other reasons relating to 20 the COVID–19 public health emergency. 21 (C) SUBGRANT AMOUNT.—The amount of 22 such a subgrant to a qualified child care pro- 23 vider shall be based on the provider’s stated 24 current operating expenses, including costs as- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 74 •HR 1319 RH sociated with providing or preparing to provide 1 child care services during the COVID–19 public 2 health emergency, and to the extent practicable, 3 cover such operating expenses for the intended 4 period of the subgrant. 5 (D) APPLICATION.—The lead agency 6 shall— 7 (i) make available on the lead agen- 8 cy’s website an application for qualified 9 child care providers that includes certifi- 10 cations that, for the duration of the 11 subgrant— 12 (I) the provider applying will, 13 when open and available to provide 14 child care services, implement policies 15 in line with guidance from the cor- 16 responding State, Tribal, and local 17 authorities, and in accordance with 18 State, Tribal, and local orders, and, to 19 the greatest extent possible, imple- 20 ment policies in line with guidance 21 from the Centers for Disease Control 22 and Prevention; 23 (II) for each employee, the pro- 24 vider will pay not less than the full 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 75 •HR 1319 RH compensation, including any benefits, 1 that was provided to the employee as 2 of the date of submission of the appli- 3 cation for the subgrant (referred to in 4 this subclause as ‘‘full compensa- 5 tion’’), and will not take any action 6 that reduces the weekly amount of the 7 employee’s compensation below the 8 weekly amount of full compensation, 9 or that reduces the employee’s rate of 10 compensation below the rate of full 11 compensation, including the involun- 12 tary furloughing of any employee em- 13 ployed on the date of submission of 14 the application for the subgrant; and 15 (III) the provider will provide re- 16 lief from copayments and tuition pay- 17 ments for the families enrolled in the 18 provider’s program, to the extent pos- 19 sible, and prioritize such relief for 20 families struggling to make either 21 type of payment; and 22 (ii) accept and process applications 23 submitted under this subparagraph on a 24 rolling basis, and provide subgrant funds 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 76 •HR 1319 RH in advance of provider expenditures, except 1 as provided in subsection (d)(2). 2 (E) OBLIGATION.—The lead agency shall 3 notify the Secretary if it is unable to obligate 4 at least 50 percent of the funds received pursu- 5 ant to subsection (b) that are available for sub- 6 grants described in this paragraph within 9 7 months of the date of enactment of this Act. 8 (d) USES OF FUNDS.— 9 (1) IN GENERAL.—A qualified child care pro- 10 vider that receives funds through such a subgrant 11 shall use the funds for at least one of the following: 12 (A) Personnel costs, including payroll and 13 salaries or similar compensation for an em- 14 ployee (including any sole proprietor or inde- 15 pendent contractor), employee benefits, pre- 16 mium pay, or costs for employee recruitment 17 and retention. 18 (B) Rent (including rent under a lease 19 agreement) or payment on any mortgage obliga- 20 tion, utilities, facility maintenance or improve- 21 ments, or insurance. 22 (C) Personal protective equipment, clean- 23 ing and sanitization supplies and services, or 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 77 •HR 1319 RH training and professional development related to 1 health and safety practices. 2 (D) Purchases of or updates to equipment 3 and supplies to respond to the COVID–19 pub- 4 lic health emergency. 5 (E) Goods and services necessary to main- 6 tain or resume child care services. 7 (F) Mental health supports for children 8 and employees. 9 (2) REIMBURSEMENT.—The qualified child care 10 provider may use the subgrant funds to reimburse 11 the provider for sums obligated or expended before 12 the date of enactment of this Act for the cost of a 13 good or service described in paragraph (1) to re- 14 spond to the COVID–19 public health emergency. 15 (e) SUPPLEMENT NOT SUPPLANT.—Amounts made 16 available to carry out this section shall be used to supple- 17 ment and not supplant other Federal, State, and local 18 public funds expended to provide child care services for 19 eligible individuals, including funds provided under the 20 Child Care and Development Block Grant Act of 1990 (42 21 U.S.C. 9857 et seq.) and State child care programs. 22 SEC. 2205. HEAD START. 23 In addition to amounts otherwise available, there is 24 appropriated for fiscal year 2021, out of any amounts in 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 78 •HR 1319 RH the Treasury not otherwise appropriated, $1,000,000,000, 1 to remain available through September 30, 2022, to carry 2 out the Head Start Act (42 U.S.C. 9831 et seq.), includ- 3 ing for Federal administrative expenses, to be allocated 4 to each Head Start agency in an amount that bears the 5 same ratio to the portion available for allocations as the 6 number of enrolled children served by the Head Start 7 agency bears to the number of enrolled children served by 8 all Head Start agencies, except that funds appropriated 9 in this section— 10 (1) shall not be included in the calculation of 11 the ‘‘base grant’’ in subsequent fiscal years, as such 12 term is defined in section 640(a)(7)(A), 13 641A(h)(1)(B), or 645(d)(3) of the Head Start Act 14 (42 U.S.C. 9835(a)(7)(A), 9836a(h)(1)(B), 15 9840(d)(3)); and 16 (2) shall not be subject to the allocation re- 17 quirements of section 640(a) of such Act (42 U.S.C. 18 9835(a)). 19 SEC. 2206. PROGRAMS FOR SURVIVORS. 20 (a) IN GENERAL.—Section 303 of the Family Vio- 21 lence Prevention and Services Act (42 U.S.C. 10403) is 22 amended by adding at the end the following: 23 ‘‘(d) ADDITIONAL FUNDING.—For the purposes of 24 carrying out this title, in addition to amounts otherwise 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00078 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 79 •HR 1319 RH made available for such purposes, there are appropriated, 1 out of any amounts in the Treasury not otherwise appro- 2 priated, for fiscal year 2021, to remain available until ex- 3 pended, each of the following: 4 ‘‘(1) $180,000,000 to carry out sections 301 5 through 312, to be allocated in the manner described 6 in subsection (a)(2), except that a reference in sub- 7 section (a)(2) to an amount appropriated under sub- 8 section (a)(1) shall be considered to be a reference 9 to an amount appropriated under this paragraph, 10 and that the matching requirement under section 11 306(c)(4) shall not apply. 12 ‘‘(2) $18,000,000 to carry out section 309. 13 ‘‘(3) $2,000,000 to carry out section 313, of 14 which $1,000,000 for each fiscal year shall be allo- 15 cated to support Indian communities.’’. 16 (b) COVID–19 PUBLIC HEALTH EMERGENCY DE- 17 FINED.—In this section, the term ‘‘COVID–19 public 18 health emergency’’ means the public health emergency de- 19 clared by the Secretary of Health and Human Services 20 under section 319 of the Public Health Service Act (42 21 U.S.C. 247d) on January 31, 2020, with respect to 22 COVID–19, including any renewal of the declaration. 23 (c) GRANTS TO SUPPORT CULTURALLY SPECIFIC 24 POPULATIONS.— 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00079 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 80 •HR 1319 RH (1) IN GENERAL.—In addition to amounts oth- 1 erwise made available, there is appropriated, out of 2 any amounts in the Treasury not otherwise appro- 3 priated, to the Secretary of Health and Human 4 Services, $49,500,000 for fiscal year 2021, to be 5 available until expended, to carry out this subsection 6 (excluding Federal administrative costs, for which 7 funds are appropriated under subsection (e)). 8 (2) USE OF FUNDS.—From amounts appro- 9 priated under paragraph (1), the Secretary acting 10 through the Director of the Family Violence Preven- 11 tion and Services Program, shall— 12 (A) support culturally specific community- 13 based organizations to provide culturally spe- 14 cific activities for survivors of sexual assault 15 and domestic violence, to address emergent 16 needs resulting from the COVID–19 public 17 health emergency and other public health con- 18 cerns; and 19 (B) support culturally specific community- 20 based organizations that provide culturally spe- 21 cific activities to promote strategic partnership 22 development and collaboration in responding to 23 the impact of COVID–19 and other public 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 81 •HR 1319 RH health concerns on survivors of sexual assault 1 and domestic violence. 2 (d) GRANTS TO SUPPORT SURVIVORS OF SEXUAL AS- 3 SAULT.— 4 (1) IN GENERAL.—In addition to amounts oth- 5 erwise made available, there is appropriated, out of 6 any amounts in the Treasury not otherwise appro- 7 priated, to the Secretary of Health and Human 8 Services, $198,000,000 for fiscal year 2021, to be 9 available until expended, to carry out this subsection 10 (excluding Federal administrative costs, for which 11 funds are appropriated under subsection (e)). 12 (2) USE OF FUNDS.—From amounts appro- 13 priated under paragraph (1), the Secretary acting 14 through the Director of the Family Violence Preven- 15 tion and Services Program, shall assist rape crisis 16 centers in transitioning to virtual services and meet- 17 ing the emergency needs of survivors. 18 (e) ADMINISTRATIVE COSTS.—In addition to 19 amounts otherwise made available, there is appropriated 20 to the Secretary of Health and Human Services, out of 21 any amounts in the Treasury not otherwise appropriated, 22 $2,500,000 for fiscal year 2021, to remain available until 23 expended, for the Federal administrative costs of carrying 24 out subsections (c) and (d). 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 82 •HR 1319 RH SEC. 2207. CHILD ABUSE PREVENTION AND TREATMENT. 1 In addition to amounts otherwise available, there is 2 appropriated to the Secretary of Health and Human Serv- 3 ices for fiscal year 2021, out of any money in the Treasury 4 not otherwise appropriated, the following amounts, to re- 5 main available through September 30, 2023: 6 (1) $250,000,000 for carrying out title II of the 7 Child Abuse Prevention and Treatment Act (42 8 U.S.C. 5116 et seq.), which shall be allocated with- 9 out regard to section 204(4) of such Act (42 U.S.C. 10 5116d(4)) and shall be allotted to States in accord- 11 ance with section 203 of such Act (42 U.S.C. 12 5116b), except that— 13 (A) in subsection (b)(1)(A) of such section 14 203, ‘‘70 percent’’ shall be deemed to be ‘‘100 15 percent’’; and 16 (B) subsections (b)(1)(B) and (c) of such 17 section 203 shall not apply; and 18 (2) $100,000,000 for carrying out the State 19 grant program authorized under section 106 of the 20 Child Abuse Prevention and Treatment Act (42 21 U.S.C. 5106a), which shall be allocated without re- 22 gard to section 112(a)(2) of such Act (42 U.S.C. 23 5106h(a)(2)). 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 83 •HR 1319 RH SEC. 2208. LIHEAP. 1 In addition to amounts otherwise available, there is 2 appropriated for fiscal year 2021, out of any amounts in 3 the Treasury not otherwise appropriated, $4,500,000,000, 4 to remain available through September 30, 2022, for addi- 5 tional funding to provide payments under section 2602(b) 6 of the Low-Income Home Energy Assistance Act of 1981 7 (42 U.S.C. 8621(b)), except that— 8 (1) $2,250,000,000 of such amounts shall be 9 allocated as though the total appropriation for such 10 payments for fiscal year 2021 was less than 11 $1,975,000,000; 12 (2) section 2607(b)(2)(B) of such Act (42 13 U.S.C. 8626(b)(2)(B)) shall not apply to funds ap- 14 propriated under this section for fiscal year 2021; 15 and 16 (3) with respect to amounts appropriated under 17 this section for fiscal year 2021, notwithstanding 18 section 2604(d) of such Act (42 U.S.C. 8623(d)), 19 the Secretary shall reserve under such section 20 2604(d) amounts for Indian tribes that bear the 21 same ratio, for each Indian tribe, that the amount 22 reserved for the Indian tribe, from funds appro- 23 priated for such payments for fiscal year 2021 be- 24 fore the date of enactment of this section, bore to 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 84 •HR 1319 RH the amount allotted to the applicable State for such 1 payments from any such appropriated funds. 2 SEC. 2209. DEPARTMENT OF HEALTH AND HUMAN SERV- 3 ICES. 4 (a) IN GENERAL.—In addition to amounts otherwise 5 available, there is appropriated to the Department of 6 Health and Human Services for fiscal year 2021, out of 7 any money in the Treasury not otherwise appropriated, 8 $425,000,000, to remain available until expended for the 9 Secretary of Health and Human Services to allocate as 10 such Secretary determines necessary for cost increases 11 that result from the COVID–19 public health emergency 12 in programs administered under the Administration for 13 Children and Families that provide direct program serv- 14 ices to children. 15 (b) DEFINITION.—In this section, the term 16 ‘‘COVID–19 public health emergency’’ means the public 17 health emergency declared by the Secretary of Health and 18 Human Services under section 319 of the Public Health 19 Service Act (42 U.S.C. 247d) on January 31, 2020, with 20 respect to COVID–19, including any renewal of the dec- 21 laration. 22 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00084 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 85 •HR 1319 RH SEC. 2210. CORPORATION FOR NATIONAL AND COMMUNITY 1 SERVICE AND THE NATIONAL SERVICE 2 TRUST. 3 (a) CORPORATION FOR NATIONAL AND COMMUNITY 4 SERVICE.—In addition to amounts otherwise made avail- 5 able, there is appropriated for fiscal year 2021, out of any 6 money in the Treasury not otherwise appropriated, 7 $852,000,000, to remain available through September 30, 8 2024, for necessary expenses under the Domestic Volun- 9 teer Service Act of 1973 (42 U.S.C. 4950 et seq.) and 10 the National and Community Service Act of 1990 (42 11 U.S.C. 12501 et seq.) notwithstanding sections 12 198B(b)(3), 198S(g), and subparagraphs (C) and (F) of 13 section 501(a)(4) of the National and Community Service 14 Act of 1990 (42 U.S.C. 12653b(b)(3), 12653s(g), 15 12681(a)(4)). 16 (b) ALLOCATION OF AMOUNTS.—Amounts provided 17 by subsection (a) shall be allocated as follows: 18 (1) AMERICORPS STATE AND NATIONAL.— 19 $620,000,000 shall be used— 20 (A) to increase the living allowances, of 21 participants in national service programs, de- 22 scribed in section 140 of the National and Com- 23 munity Service Act of 1990 (42 U.S.C. 12594); 24 and 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 86 •HR 1319 RH (B) to make funding adjustments to exist- 1 ing (as of the date of enactment of this Act) 2 awards and award new and additional awards 3 to organizations described in subsection (a) of 4 section 121 of the National and Community 5 Service Act of 1990 (42 U.S.C. 12571(a)), 6 whether or not the entities are already grant re- 7 cipients under that section on the date of enact- 8 ment of this Act, and without regard to the re- 9 quirements of subsections (d) and (e) of such 10 section 121, by— 11 (i) prioritizing entities serving com- 12 munities disproportionately impacted by 13 COVID–19 and utilizing culturally com- 14 petent and multilingual strategies in the 15 provision of services; and 16 (ii) taking into account the diversity 17 of communities and participants served by 18 such entities, including racial, ethnic, so- 19 cioeconomic, linguistic, or geographic diver- 20 sity. 21 (2) STATE COMMISSIONS.—$20,000,000 shall 22 be used to make adjustments to existing (as of the 23 date of enactment of this Act) awards and new and 24 additional awards, including awards to State Com- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00086 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 87 •HR 1319 RH missions on National and Community Service, under 1 section 126(a) of the National and Community Serv- 2 ice Act of 1990 (42 U.S.C. 12576(a)). 3 (3) VOLUNTEER GENERATION FUND.— 4 $20,000,000 shall be used for expenses authorized 5 under section 501(a)(4)(F) of the National and 6 Community Service Act of 1990 (42 U.S.C. 7 12681(a)(4)(F)), which, notwithstanding section 8 198P(d)(1)(B) of that Act (42 U.S.C. 9 12653p(d)(1)(B)), shall be for grants awarded by 10 the Corporation for National and Community Serv- 11 ice on a competitive basis. 12 (4) AMERICORPS VISTA.—$80,000,000 shall be 13 used for programs authorized under part A of title 14 I of the Domestic Volunteer Service Act of 1973 (42 15 U.S.C. 4951 et seq.), including to increase the living 16 allowances of volunteers, described in section 105(b) 17 of the Domestic Volunteer Service Act of 1973 (42 18 U.S.C. 4955(b)). 19 (5) NATIONAL SENIOR SERVICE CORPS.— 20 $30,000,000 shall be used for programs authorized 21 under title II of the Domestic Volunteer Service Act 22 of 1973 (42 U.S.C. 5000 et seq.). 23 (6) ADMINISTRATIVE COSTS.—$73,000,000 24 shall, notwithstanding section 501(a)(5)(B) of the 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00087 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 88 •HR 1319 RH National and Community Service Act of 1990 (42 1 U.S.C. 12681(a)(5)(B)) and section 504(a) of the 2 Domestic Volunteer Service Act of 1973 (42 U.S.C. 3 5084(a)), be used for necessary expenses of adminis- 4 tration as provided under section 501(a)(5) of the 5 National and Community Service Act of 1990 (42 6 U.S.C. 12681(a)(5)), including administrative costs 7 of the Corporation for National and Community 8 Service associated with the provision of funds under 9 paragraphs (1) through (5). 10 (7) OFFICE OF INSPECTOR GENERAL.— 11 $9,000,000 shall be used for the Office of Inspector 12 General of the Corporation for National and Com- 13 munity Service for salaries and expenses necessary 14 for oversight and audit of programs and activities 15 funded by subsection (a). 16 (c) NATIONAL SERVICE TRUST.—In addition to 17 amounts otherwise made available, there is appropriated 18 for fiscal year 2021, out of any money in the Treasury 19 not otherwise appropriated, $148,000,000, to remain 20 available until expended, for payment to and administra- 21 tion of the National Service Trust established in section 22 145 of the National and Community Service Act of 1990 23 (42 U.S.C. 12601). 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00088 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 89 •HR 1319 RH Subtitle D—Child Nutrition & 1 Related Programs 2 SEC. 2301. IMPROVEMENTS TO WIC BENEFITS. 3 (a) DEFINITIONS.—In this section: 4 (1) APPLICABLE PERIOD.—The term ‘‘applica- 5 ble period’’ means a period— 6 (A) beginning after the date of enactment 7 of this Act, as selected by a State agency; and 8 (B) ending not later than the earlier of— 9 (i) 4 months after the date described 10 in subparagraph (A); or 11 (ii) September 30, 2021. 12 (2) CASH-VALUE VOUCHER.—The term ‘‘cash- 13 value voucher’’ has the meaning given the term in 14 section 246.2 of title 7, Code of Federal Regulations 15 (as in effect on the date of the enactment of this 16 Act). 17 (3) PROGRAM.—The term ‘‘program’’ means 18 the special supplemental nutrition program for 19 women, infants, and children established by section 20 17 of the Child Nutrition Act of 1966 (42 U.S.C. 21 1786). 22 (4) QUALIFIED FOOD PACKAGE.—The term 23 ‘‘qualified food package’’ means each of the fol- 24 lowing food packages (as defined in section 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00089 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 90 •HR 1319 RH 246.10(e) of title 7, Code of Federal Regulations (as 1 in effect on the date of the enactment of this Act)): 2 (A) Food Package IV–Children 1 through 3 4 years. 4 (B) Food Package V–Pregnant and par- 5 tially (mostly) breastfeeding women. 6 (C) Food Package VI–Postpartum women. 7 (D) Food Package VII–Fully 8 breastfeeding. 9 (5) SECRETARY.—The term ‘‘Secretary’’ means 10 the Secretary of Agriculture. 11 (6) STATE AGENCY.—The term ‘‘State agency’’ 12 has the meaning given the term in section 17(b) of 13 the Child Nutrition Act of 1966 (42 U.S.C. 14 1786(b)). 15 (b) AUTHORITY TO INCREASE AMOUNT OF CASH- 16 VALUE VOUCHER.—During the public health emergency 17 declared by the Secretary of Health and Human Services 18 under section 319 of the Public Health Service Act (42 19 U.S.C. 247d) on January 31, 2020, with respect to the 20 Coronavirus Disease 2019 (COVID–19), and in response 21 to challenges relating to that public health emergency, the 22 Secretary may, in carrying out the program, increase the 23 amount of a cash-value voucher under a qualified food 24 package to an amount that is less than or equal to $35. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 91 •HR 1319 RH (c) APPLICATION OF INCREASED AMOUNT OF CASH- 1 VALUE VOUCHER TO STATE AGENCIES.— 2 (1) NOTIFICATION.—An increase to the amount 3 of a cash-value voucher under subsection (b) shall 4 apply to any State agency that notifies the Secretary 5 of— 6 (A) the intent to use that increased 7 amount, without further application; and 8 (B) the applicable period selected by the 9 State agency during which that increased 10 amount shall apply. 11 (2) USE OF INCREASED AMOUNT.—A State 12 agency that makes a notification to the Secretary 13 under paragraph (1) shall use the increased amount 14 described in that paragraph— 15 (A) during the applicable period described 16 in that notification; and 17 (B) only during a single applicable period. 18 (d) SUNSET.—The authority of the Secretary under 19 subsection (b), and the authority of a State agency to in- 20 crease the amount of a cash-value voucher under sub- 21 section (c), shall terminate on September 30, 2021. 22 (e) FUNDING.—In addition to amounts otherwise 23 made available, there is appropriated to the Secretary, out 24 of funds in the Treasury not otherwise appropriated, 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 92 •HR 1319 RH $490,000,000 to carry out this section, to remain available 1 until September 30, 2022. 2 SEC. 2302. WIC PROGRAM MODERNIZATION. 3 In addition to amounts otherwise available, there are 4 appropriated to the Secretary of Agriculture, out of 5 amounts in the Treasury not otherwise appropriated, 6 $390,000,000 for fiscal year 2021, to remain available 7 until September 30, 2024, to carry out outreach, innova- 8 tion, and program modernization efforts, including appro- 9 priate waivers and flexibility, to increase participation in 10 and redemption of benefits under programs established 11 under section 17 of the Child Nutrition Act of 1966 (7 12 U.S.C. 1431), except that such waivers may not relate to 13 the content of the WIC Food Packages (as defined in sec- 14 tion 246.10(e) of title 7, Code of Federal Regulations (as 15 in effect on the date of enactment of this Act)), or the 16 nondiscrimination requirements under section 246.8 of 17 title 7, Code of Federal Regulations (as in effect on the 18 date of enactment of this Act). 19 SEC. 2303. MEALS AND SUPPLEMENTS REIMBURSEMENTS 20 FOR INDIVIDUALS WHO HAVE NOT ATTAINED 21 THE AGE OF 25. 22 (a) PROGRAM FOR AT-RISK SCHOOL CHILDREN.— 23 Beginning on the date of enactment of this section, not- 24 withstanding paragraph (1)(A) of section 17(r) of the 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00092 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 93 •HR 1319 RH Richard B. Russell National School Lunch Act (42 U.S.C. 1 1766(r)), during the COVID–19 public health emergency 2 declared under section 319 of the Public Health Service 3 Act (42 U.S.C. 247d), the Secretary shall reimburse insti- 4 tutions that are emergency shelters under such section 5 17(r) (42 U.S.C. 1766(r)) for meals and supplements 6 served to individuals who, at the time of such service— 7 (1) have not attained the age of 25; and 8 (2) are receiving assistance, including non-resi- 9 dential assistance, from such emergency shelter. 10 (b) PARTICIPATION BY EMERGENCY SHELTERS.— 11 Beginning on the date of enactment of this section, not- 12 withstanding paragraph (5)(A) of section 17(t) of the 13 Richard B. Russell National School Lunch Act (42 U.S.C. 14 1766(t)), during the COVID–19 public health emergency 15 declared under section 319 of the Public Health Service 16 Act (42 U.S.C. 247d), the Secretary shall reimburse emer- 17 gency shelters under such section 17(t) (42 U.S.C. 18 1766(t)) for meals and supplements served to individuals 19 who, at the time of such service have not attained the age 20 of 25. 21 (c) DEFINITIONS.—In this section: 22 (1) EMERGENCY SHELTER.—The term ‘‘emer- 23 gency shelter’’ has the meaning given the term 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00093 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 94 •HR 1319 RH under section 17(t)(1) of the Richard B. Russell Na- 1 tional School Lunch Act (42 U.S.C. 1766(t)(1)). 2 (2) SECRETARY.—The term ‘‘Secretary’’ means 3 the Secretary of Agriculture. 4 SEC. 2304. PANDEMIC EBT PROGRAM. 5 Section 1101 of the Families First Coronavirus Re- 6 sponse Act (7 U.S.C. 2011 note; Public Law 116–127) 7 is amended— 8 (1) in subsection (a)— 9 (A) by striking ‘‘During fiscal years 2020 10 and 2021’’ and inserting ‘‘In any school year in 11 which there is a public health emergency des- 12 ignation’’; and 13 (B) by inserting ‘‘or in a covered summer 14 period following a school session’’ after ‘‘in ses- 15 sion’’; 16 (2) by amending subsection (e) to read as fol- 17 lows: 18 ‘‘(e) RELEASE OF INFORMATION.—Notwithstanding 19 any provision of the Richard B. Russell National School 20 Lunch Act (42 U.S.C. 1751 et seq.), the Secretary of Ag- 21 riculture may authorize State educational agencies and 22 school food authorities administering a school lunch pro- 23 gram under such Act to release to appropriate officials 24 administering the supplemental nutrition assistance pro- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 95 •HR 1319 RH gram such information as may be necessary to carry out 1 this section, including to carry out assistance during a cov- 2 ered summer period pursuant to subsection (i).’’; 3 (3) in subsection (f)(2), in the paragraph head- 4 ing, by striking ‘‘FOR SCHOOL YEAR 2020–2021’’; 5 (4) in subsection (g), by striking ‘‘During fiscal 6 year 2020, the’’ and inserting ‘‘The’’; 7 (5) in subsection (h)(1)— 8 (A) by inserting ‘‘either’’ after ‘‘at least 1 9 child enrolled in such a covered child care facil- 10 ity and’’; and 11 (B) by inserting ‘‘or a Department of Agri- 12 culture grant-funded nutrition assistance pro- 13 gram in the Commonwealth of the Northern 14 Mariana Islands, Puerto Rico, or American 15 Samoa’’ before ‘‘shall be eligible to receive as- 16 sistance’’; 17 (6) by redesignating subsections (i) and (j) as 18 subsections (j) and (k), respectively; 19 (7) by inserting after subsection (h) the fol- 20 lowing: 21 ‘‘(i) EMERGENCIES DURING SUMMER.—The Sec- 22 retary of Agriculture may permit a State agency to extend 23 a State agency plan approved under subsection (b) for not 24 more than 90 days for the purpose of operating the plan 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00095 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 96 •HR 1319 RH during a covered summer period, during which time 1 schools participating in the school lunch program under 2 the Richard B. Russell National School Lunch Act (42 3 U.S.C. 1751 et seq.) or the school breakfast program 4 under section 4 of the Child Nutrition Act of 1966 (42 5 U.S.C. 1773 ) and covered child care facilities shall be 6 deemed closed for purposes of this section.’’; 7 (8) in subsection (j) (as so redesignated)— 8 (A) by redesignating paragraphs (2) 9 through (6) as paragraphs (3) through (7), re- 10 spectively; 11 (B) by inserting after paragraph (1) the 12 following: 13 ‘‘(2) COVERED SUMMER PERIOD.—The term 14 ‘covered summer period’ means a summer period 15 that follows a school year during which there was a 16 public health emergency designation.’’; and 17 (C) in paragraph (5) (as so redesignated), 18 by striking ‘‘or another coronavirus with pan- 19 demic potential’’; and 20 (9) in subsection (k) (as so redesignated), by 21 inserting ‘‘Federal agencies,’’ before ‘‘State agen- 22 cies’’. 23 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00096 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 97 •HR 1319 RH Subtitle E—COBRA Continuation 1 Coverage 2 SEC. 2401. PRESERVING HEALTH BENEFITS FOR WORKERS. 3 (a) PREMIUM ASSISTANCE FOR COBRA CONTINU- 4 ATION COVERAGE FOR INDIVIDUALS AND THEIR FAMI- 5 LIES.— 6 (1) PROVISION OF PREMIUM ASSISTANCE.— 7 (A) REDUCTION OF PREMIUMS PAY- 8 ABLE.—In the case of any premium for a pe- 9 riod of coverage during the period beginning on 10 the first day of the first month beginning after 11 the date of the enactment of this Act, and end- 12 ing on September 30, 2021, for COBRA con- 13 tinuation coverage with respect to any assist- 14 ance eligible individual described in paragraph 15 (3), such individual shall be treated for pur- 16 poses of any COBRA continuation provision as 17 having paid the amount of such premium if 18 such individual pays (or any person other than 19 such individual’s employer pays on behalf of 20 such individual) 15 percent of the amount of 21 such premium. 22 (B) PLAN ENROLLMENT OPTION.— 23 (i) IN GENERAL.—Notwithstanding 24 the COBRA continuation provisions, any 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00097 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 98 •HR 1319 RH assistance eligible individual who is en- 1 rolled in a group health plan offered by a 2 plan sponsor may, not later than 90 days 3 after the date of notice of the plan enroll- 4 ment option described in this subpara- 5 graph, elect to enroll in coverage under a 6 plan offered by such plan sponsor that is 7 different than coverage under the plan in 8 which such individual was enrolled at the 9 time, in the case of any assistance eligible 10 individual described in paragraph (3), the 11 qualifying event specified in section 603(2) 12 of the Employee Retirement Income Secu- 13 rity Act of 1974, section 4980B(f)(3)(B) 14 of the Internal Revenue Code of 1986, or 15 section 2203(2) of the Public Health Serv- 16 ice Act, except for the voluntary termi- 17 nation of such individual’s employment by 18 such individual, occurred, and such cov- 19 erage shall be treated as COBRA continu- 20 ation coverage for purposes of the applica- 21 ble COBRA continuation coverage provi- 22 sion. 23 (ii) REQUIREMENTS.—Any assistance 24 eligible individual may elect to enroll in 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 99 •HR 1319 RH different coverage as described in clause (i) 1 only if— 2 (I) the employer involved has 3 made a determination that such em- 4 ployer will permit such assistance eli- 5 gible individual to enroll in different 6 coverage as provided under this sub- 7 paragraph; 8 (II) the premium for such dif- 9 ferent coverage does not exceed the 10 premium for coverage in which such 11 individual was enrolled at the time 12 such qualifying event occurred; 13 (III) the different coverage in 14 which the individual elects to enroll is 15 coverage that is also offered to simi- 16 larly situated active employees of the 17 employer at the time at which such 18 election is made; and 19 (IV) the different coverage in 20 which the individual elects to enroll is 21 not— 22 (aa) coverage that provides 23 only excepted benefits as defined 24 in section 9832(c) of the Internal 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 100 •HR 1319 RH Revenue Code of 1986, section 1 733(c) of the Employee Retire- 2 ment Income Security Act of 3 1974, and section 2791(c) of the 4 Public Health Service Act; 5 (bb) a qualified small em- 6 ployer health reimbursement ar- 7 rangement (as defined in section 8 9831(d)(2) of the Internal Rev- 9 enue Code of 1986); or 10 (cc) a flexible spending ar- 11 rangement (as defined in section 12 106(c)(2) of the Internal Rev- 13 enue Code of 1986). 14 (2) LIMITATION OF PERIOD OF PREMIUM AS- 15 SISTANCE.— 16 (A) ELIGIBILITY FOR ADDITIONAL COV- 17 ERAGE.—Paragraph (1)(A) shall not apply with 18 respect to any assistance eligible individual de- 19 scribed in paragraph (3) for months of coverage 20 beginning on or after the earlier of— 21 (i) the first date that such individual 22 is eligible for coverage under any other 23 group health plan (other than coverage 24 consisting of only excepted benefits (as de- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00100 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 101 •HR 1319 RH fined in section 9832(c) of the Internal 1 Revenue Code of 1986, section 733(c) of 2 the Employee Retirement Income Security 3 Act of 1974, and section 2791(c) of the 4 Public Health Service Act), coverage under 5 a flexible spending arrangement (as de- 6 fined in section 106(c)(2) of the Internal 7 Revenue Code of 1986), coverage under a 8 qualified small employer health reimburse- 9 ment arrangement (as defined in section 10 9831(d)(2) of the Internal Revenue Code 11 of 1986)), or eligible for benefits under the 12 Medicare program under title XVIII of the 13 Social Security Act; or 14 (ii) the earlier of— 15 (I) the date following the expira- 16 tion of the maximum period of con- 17 tinuation coverage required under the 18 applicable COBRA continuation cov- 19 erage provision; or 20 (II) the date following the expira- 21 tion of the period of continuation cov- 22 erage allowed under paragraph 23 (4)(B)(ii). 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00101 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 102 •HR 1319 RH (B) NOTIFICATION REQUIREMENT.—Any 1 assistance eligible individual shall notify the 2 group health plan with respect to which para- 3 graph (1)(A) applies if such paragraph ceases 4 to apply by reason of clause (i) of subparagraph 5 (A). Such notice shall be provided to the group 6 health plan in such time and manner as may be 7 specified by the Secretary of Labor. 8 (3) ASSISTANCE ELIGIBLE INDIVIDUAL.—For 9 purposes of this section, the term ‘‘assistance eligible 10 individual’’ means, with respect to a period of cov- 11 erage during the period beginning on the first day 12 of the first month beginning after the date of the en- 13 actment of this Act, and ending on September 30, 14 2021, any individual that is a qualified beneficiary 15 who— 16 (A) is eligible for COBRA continuation 17 coverage by reason of a qualifying event speci- 18 fied in section 603(2) of the Employee Retire- 19 ment Income Security Act of 1974, section 20 4980B(f)(3)(B) of the Internal Revenue Code 21 of 1986, or section 2203(2) of the Public 22 Health Service Act, except for the voluntary 23 termination of such individual’s employment by 24 such individual; and 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00102 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 103 •HR 1319 RH (B) elects such coverage. 1 (4) EXTENSION OF ELECTION PERIOD AND EF- 2 FECT ON COVERAGE.— 3 (A) IN GENERAL.—For purposes of apply- 4 ing section 605(a) of the Employee Retirement 5 Income Security Act of 1974, section 6 4980B(f)(5)(A) of the Internal Revenue Code 7 of 1986, and section 2205(a) of the Public 8 Health Service Act, in the case of— 9 (i) an individual who does not have an 10 election of COBRA continuation coverage 11 in effect on the first day of the first month 12 beginning after the date of the enactment 13 of this Act but who would be an assistance 14 eligible individual described in paragraph 15 (3) if such election were so in effect; or 16 (ii) an individual who elected COBRA 17 continuation coverage and discontinued 18 from such coverage before the first day of 19 the first month beginning after the date of 20 the enactment of this Act, 21 such individual may elect the COBRA continu- 22 ation coverage under the COBRA continuation 23 coverage provisions containing such provisions 24 during the period beginning on the first day of 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00103 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 104 •HR 1319 RH the first month beginning after the date of the 1 enactment of this Act and ending 60 days after 2 the date on which the notification required 3 under paragraph (6)(C) is provided to such in- 4 dividual. 5 (B) COMMENCEMENT OF COBRA CONTINU- 6 ATION COVERAGE.—Any COBRA continuation 7 coverage elected by a qualified beneficiary dur- 8 ing an extended election period under subpara- 9 graph (A)— 10 (i) shall commence (including for pur- 11 poses of applying the treatment of pre- 12 mium payments under paragraph (1)(A) 13 and any cost-sharing requirements for 14 items and services under a group health 15 plan) with the first period of coverage be- 16 ginning on or after the first day of the 17 first month beginning after the date of the 18 enactment of this Act, and 19 (ii) shall not extend beyond the period 20 of COBRA continuation coverage that 21 would have been required under the appli- 22 cable COBRA continuation coverage provi- 23 sion if the coverage had been elected as re- 24 quired under such provision. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00104 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 105 •HR 1319 RH (5) EXPEDITED REVIEW OF DENIALS OF PRE- 1 MIUM ASSISTANCE.—In any case in which an indi- 2 vidual requests treatment as an assistance eligible 3 individual described in paragraph (3) and is denied 4 such treatment by the group health plan, the Sec- 5 retary of Labor (or the Secretary of Health and 6 Human Services in connection with COBRA con- 7 tinuation coverage which is provided other than pur- 8 suant to part 6 of subtitle B of title I of the Em- 9 ployee Retirement Income Security Act of 1974), in 10 consultation with the Secretary of the Treasury, 11 shall provide for expedited review of such denial. An 12 individual shall be entitled to such review upon ap- 13 plication to such Secretary in such form and manner 14 as shall be provided by such Secretary, in consulta- 15 tion with the Secretary of the Treasury. Such Sec- 16 retary shall make a determination regarding such in- 17 dividual’s eligibility within 15 business days after re- 18 ceipt of such individual’s application for review 19 under this paragraph. Such Secretary’s determina- 20 tion upon review of the denial shall be de novo and 21 shall be the final determination of such Secretary. A 22 reviewing court shall grant deference to such Sec- 23 retary’s determination. The provisions of this para- 24 graph, paragraphs (1) through (4), and paragraphs 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00105 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 106 •HR 1319 RH (6) through (7) shall be treated as provisions of title 1 I of the Employee Retirement Income Security Act 2 of 1974 for purposes of part 5 of subtitle B of such 3 title. 4 (6) NOTICES TO INDIVIDUALS.— 5 (A) GENERAL NOTICE.— 6 (i) IN GENERAL.—In the case of no- 7 tices provided under section 606(a)(4) of 8 the Employee Retirement Income Security 9 Act of 1974 (29 U.S.C. 1166(4)), section 10 4980B(f)(6)(D) of the Internal Revenue 11 Code of 1986, or section 2206(4) of the 12 Public Health Service Act (42 U.S.C. 13 300bb–6(4)), with respect to individuals 14 who, during the period described in para- 15 graph (3), become entitled to elect COBRA 16 continuation coverage, the requirements of 17 such provisions shall not be treated as met 18 unless such notices include an additional 19 written notification to the recipient in clear 20 and understandable language of— 21 (I) the availability of premium 22 assistance with respect to such cov- 23 erage under this subsection; and 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00106 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 107 •HR 1319 RH (II) the option to enroll in dif- 1 ferent coverage if the employer per- 2 mits assistance eligible individuals de- 3 scribed in paragraph (3) to elect en- 4 rollment in different coverage (as de- 5 scribed in paragraph (1)(B)). 6 (ii) ALTERNATIVE NOTICE.—In the 7 case of COBRA continuation coverage to 8 which the notice provision under such sec- 9 tions does not apply, the Secretary of 10 Labor, in consultation with the Secretary 11 of the Treasury and the Secretary of 12 Health and Human Services, shall, in con- 13 sultation with administrators of the group 14 health plans (or other entities) that provide 15 or administer the COBRA continuation 16 coverage involved, provide rules requiring 17 the provision of such notice. 18 (iii) FORM.—The requirement of the 19 additional notification under this subpara- 20 graph may be met by amendment of exist- 21 ing notice forms or by inclusion of a sepa- 22 rate document with the notice otherwise 23 required. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 108 •HR 1319 RH (B) SPECIFIC REQUIREMENTS.—Each ad- 1 ditional notification under subparagraph (A) 2 shall include— 3 (i) the forms necessary for estab- 4 lishing eligibility for premium assistance 5 under this subsection; 6 (ii) the name, address, and telephone 7 number necessary to contact the plan ad- 8 ministrator and any other person main- 9 taining relevant information in connection 10 with such premium assistance; 11 (iii) a description of the extended elec- 12 tion period provided for in paragraph 13 (4)(A); 14 (iv) a description of the obligation of 15 the qualified beneficiary under paragraph 16 (2)(B) and the penalty provided under sec- 17 tion 6720C of the Internal Revenue Code 18 of 1986 for failure to carry out the obliga- 19 tion; 20 (v) a description, displayed in a 21 prominent manner, of the qualified bene- 22 ficiary’s right to a reduced premium and 23 any conditions on entitlement to the re- 24 duced premium; and 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00108 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 109 •HR 1319 RH (vi) a description of the option of the 1 qualified beneficiary to enroll in different 2 coverage if the employer permits such ben- 3 eficiary to elect to enroll in such different 4 coverage under paragraph (1)(B). 5 (C) NOTICE IN CONNECTION WITH EX- 6 TENDED ELECTION PERIODS.—In the case of 7 any assistance eligible individual described in 8 paragraph (3) (or any individual described in 9 paragraph (4)(A)) who became entitled to elect 10 COBRA continuation coverage before the first 11 day of the first month beginning after the date 12 of the enactment of this Act, the administrator 13 of the applicable group health plan (or other 14 entity) shall provide (within 60 days after such 15 first day of such first month) for the additional 16 notification required to be provided under sub- 17 paragraph (A) and failure to provide such no- 18 tice shall be treated as a failure to meet the no- 19 tice requirements under the applicable COBRA 20 continuation provision. 21 (D) MODEL NOTICES.—Not later than 30 22 days after the date of enactment of this Act, 23 with respect to any assistance eligible individual 24 described in paragraph (3), the Secretary of 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00109 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 110 •HR 1319 RH Labor, in consultation with the Secretary of the 1 Treasury and the Secretary of Health and 2 Human Services, shall prescribe models for the 3 additional notification required under this para- 4 graph. 5 (7) NOTICE OF EXPIRATION OF PERIOD OF 6 PREMIUM ASSISTANCE.— 7 (A) IN GENERAL.—With respect to any as- 8 sistance eligible individual, subject to subpara- 9 graph (B), the requirements of section 10 606(a)(4) of the Employee Retirement Income 11 Security Act of 1974 (29 U.S.C. 1166(4)), sec- 12 tion 4980B(f)(6)(D) of the Internal Revenue 13 Code of 1986, or section 2206(4) of the Public 14 Health Service Act (42 U.S.C. 300bb–6(4)), 15 shall not be treated as met unless the plan ad- 16 ministrator of the individual, during the period 17 specified under subparagraph (C), provides to 18 such individual a written notice in clear and un- 19 derstandable language— 20 (i) that the premium assistance for 21 such individual will expire soon and the 22 prominent identification of the date of 23 such expiration; and 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00110 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 111 •HR 1319 RH (ii) that such individual may be eligi- 1 ble for coverage without any premium as- 2 sistance through— 3 (I) COBRA continuation cov- 4 erage; or 5 (II) coverage under a group 6 health plan. 7 (B) EXCEPTION.—The requirement for the 8 group health plan administrator to provide the 9 written notice under subparagraph (A) shall be 10 waived if the premium assistance for such indi- 11 vidual expires pursuant to clause (i) of para- 12 graph (2)(A). 13 (C) PERIOD SPECIFIED.—For purposes of 14 subparagraph (A), the period specified in this 15 subparagraph is, with respect to the date of ex- 16 piration of premium assistance for any assist- 17 ance eligible individual pursuant to a limitation 18 requiring a notice under this paragraph, the pe- 19 riod beginning on the day that is 45 days before 20 the date of such expiration and ending on the 21 day that is 15 days before the date of such ex- 22 piration. 23 (D) MODEL NOTICES.—Not later than 45 24 days after the date of enactment of this Act, 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00111 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 112 •HR 1319 RH with respect to any assistance eligible indi- 1 vidual, the Secretary of Labor, in consultation 2 with the Secretary of the Treasury and the Sec- 3 retary of Health and Human Services, shall 4 prescribe models for the notification required 5 under this paragraph. 6 (8) REGULATIONS.—The Secretary of the 7 Treasury and the Secretary of Labor may jointly 8 prescribe such regulations or other guidance as may 9 be necessary or appropriate to carry out the provi- 10 sions of this subsection, including the prevention of 11 fraud and abuse under this subsection, except that 12 the Secretary of Labor and the Secretary of Health 13 and Human Services may prescribe such regulations 14 (including interim final regulations) or other guid- 15 ance as may be necessary or appropriate to carry 16 out the provisions of paragraphs (5), (6), (7), and 17 (9). 18 (9) OUTREACH.— 19 (A) IN GENERAL.—The Secretary of 20 Labor, in consultation with the Secretary of the 21 Treasury and the Secretary of Health and 22 Human Services, shall provide outreach con- 23 sisting of public education and enrollment as- 24 sistance relating to premium assistance pro- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00112 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 113 •HR 1319 RH vided under this subsection. Such outreach shall 1 target employers, group health plan administra- 2 tors, public assistance programs, States, insur- 3 ers, and other entities as determined appro- 4 priate by such Secretaries. Such outreach shall 5 include an initial focus on those individuals 6 electing continuation coverage who are referred 7 to in paragraph (6)(C). Information on such 8 premium assistance, including enrollment, shall 9 also be made available on websites of the De- 10 partments of Labor, Treasury, and Health and 11 Human Services. 12 (B) ENROLLMENT UNDER MEDICARE.— 13 The Secretary of Health and Human Services 14 shall provide outreach consisting of public edu- 15 cation. Such outreach shall target individuals 16 who lose health insurance coverage. Such out- 17 reach shall include information regarding en- 18 rollment for benefits under title XVIII of the 19 Social Security Act (42 U.S.C. 1395 et seq.) for 20 purposes of preventing mistaken delays of such 21 enrollment by such individuals, including life- 22 time penalties for failure of timely enrollment. 23 (10) DEFINITIONS.—For purposes of this sec- 24 tion: 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00113 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 114 •HR 1319 RH (A) ADMINISTRATOR.—The term ‘‘admin- 1 istrator’’ has the meaning given such term in 2 section 3(16)(A) of the Employee Retirement 3 Income Security Act of 1974. 4 (B) COBRA CONTINUATION COVERAGE.— 5 The term ‘‘COBRA continuation coverage’’ 6 means continuation coverage provided pursuant 7 to part 6 of subtitle B of title I of the Em- 8 ployee Retirement Income Security Act of 1974 9 (other than under section 609), title XXII of 10 the Public Health Service Act, or section 11 4980B of the Internal Revenue Code of 1986 12 (other than subsection (f)(1) of such section in- 13 sofar as it relates to pediatric vaccines), or 14 under a State program that provides com- 15 parable continuation coverage. Such term does 16 not include coverage under a health flexible 17 spending arrangement under a cafeteria plan 18 within the meaning of section 125 of the Inter- 19 nal Revenue Code of 1986. 20 (C) COBRA CONTINUATION PROVISION.— 21 The term ‘‘COBRA continuation provision’’ 22 means the provisions of law described in sub- 23 paragraph (B). 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00114 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 115 •HR 1319 RH (D) COVERED EMPLOYEE.—The term 1 ‘‘covered employee’’ has the meaning given such 2 term in section 607(2) of the Employee Retire- 3 ment Income Security Act of 1974. 4 (E) QUALIFIED BENEFICIARY.—The term 5 ‘‘qualified beneficiary’’ has the meaning given 6 such term in section 607(3) of the Employee 7 Retirement Income Security Act of 1974. 8 (F) GROUP HEALTH PLAN.—The term 9 ‘‘group health plan’’ has the meaning given 10 such term in section 607(1) of the Employee 11 Retirement Income Security Act of 1974. 12 (G) STATE.—The term ‘‘State’’ includes 13 the District of Columbia, the Commonwealth of 14 Puerto Rico, the Virgin Islands, Guam, Amer- 15 ican Samoa, and the Commonwealth of the 16 Northern Mariana Islands. 17 (H) PERIOD OF COVERAGE.—Any ref- 18 erence in this subsection to a period of coverage 19 shall be treated as a reference to a monthly or 20 shorter period of coverage with respect to which 21 premiums are charged with respect to such cov- 22 erage. 23 (I) PLAN SPONSOR.—The term ‘‘plan 24 sponsor’’ has the meaning given such term in 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00115 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 116 •HR 1319 RH section 3(16)(B) of the Employee Retirement 1 Income Security Act of 1974. 2 (J) PREMIUM.—The term ‘‘premium’’ in- 3 cludes, with respect to COBRA continuation 4 coverage, any administrative fee. 5 (11) IMPLEMENTATION FUNDING.—In addition 6 to amounts otherwise made available, out of any 7 funds in the Treasury not otherwise appropriated, 8 there are appropriated to the Secretary of Labor for 9 fiscal year 2021, $10,000,000, to remain available 10 until expended, for the Employee Benefits Security 11 Administration to carry out the provisions of this 12 subtitle. 13 (b) COBRA PREMIUM ASSISTANCE.— 14 (1) ALLOWANCE OF CREDIT.— 15 (A) IN GENERAL.—Subchapter B of chap- 16 ter 65 of the Internal Revenue Code of 1986 is 17 amended by adding at the end the following 18 new section: 19 ‘‘SEC. 6432. CONTINUATION COVERAGE PREMIUM ASSIST- 20 ANCE. 21 ‘‘(a) IN GENERAL.—The person to whom premiums 22 are payable for continuation coverage under section 23 2401(a)(1) of the American Rescue Plan Act of 2021 shall 24 be allowed as a credit against the tax imposed by section 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00116 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 117 •HR 1319 RH 3111(b), or so much of the taxes imposed under section 1 3221(a) as are attributable to the rate in effect under sec- 2 tion 3111(b), for each calendar quarter an amount equal 3 to the premiums not paid by assistance eligible individuals 4 for such coverage by reason of such section 2401(a)(1) 5 with respect to such calendar quarter. 6 ‘‘(b) PERSON TO WHOM PREMIUMS ARE PAYABLE.— 7 For purposes of subsection (a), except as otherwise pro- 8 vided by the Secretary, the person to whom premiums are 9 payable under such continuation coverage shall be treated 10 as being— 11 ‘‘(1) in the case of any group health plan which 12 is a multiemployer plan (as defined in section 3(37) 13 of the Employee Retirement Income Security Act of 14 1974), the plan, 15 ‘‘(2) in the case of any group health plan not 16 described in paragraph (1), and under which some 17 or all of the coverage is not provided by insurance, 18 the employer maintaining the plan, and 19 ‘‘(3) in the case of any group health plan not 20 described in paragraph (1) or (2), the insurer pro- 21 viding the coverage under the group health plan. 22 ‘‘(c) LIMITATIONS AND REFUNDABILITY.— 23 ‘‘(1) CREDIT LIMITED TO CERTAIN EMPLOY- 24 MENT TAXES.—The credit allowed by subsection (a) 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00117 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 118 •HR 1319 RH with respect to any calendar quarter shall not exceed 1 the tax imposed by section 3111(b), or so much of 2 the taxes imposed under section 3221(a) as are at- 3 tributable to the rate in effect under section 4 3111(b), for such calendar quarter (reduced by any 5 credits allowed against such taxes under sections 6 7001 and 7003 of the Families First Coronavirus 7 Response Act and section 2301 of the CARES Act) 8 on the wages paid with respect to the employment 9 of all employees of the employer. 10 ‘‘(2) REFUNDABILITY OF EXCESS CREDIT.— 11 ‘‘(A) CREDIT IS REFUNDABLE.—If the 12 amount of the credit under subsection (a) ex- 13 ceeds the limitation of paragraph (1) for any 14 calendar quarter, such excess shall be treated 15 as an overpayment that shall be refunded under 16 sections 6402(a) and 6413(b). 17 ‘‘(B) CREDIT MAY BE ADVANCED.—In an- 18 ticipation of the credit, including the refundable 19 portion under subparagraph (A), the credit may 20 be advanced, according to forms and instruc- 21 tions provided by the Secretary, up to an 22 amount calculated under subsection (a) through 23 the end of the most recent payroll period in the 24 quarter. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00118 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 119 •HR 1319 RH ‘‘(C) TREATMENT OF DEPOSITS.—The 1 Secretary shall waive any penalty under section 2 6656 for any failure to make a deposit of the 3 tax imposed by section 3111(b), or so much of 4 the taxes imposed under section 3221(a) as are 5 attributable to the rate in effect under section 6 3111(b), if the Secretary determines that such 7 failure was due to the anticipation of the credit 8 allowed under this section. 9 ‘‘(D) TREATMENT OF PAYMENTS.—For 10 purposes of section 1324 of title 31, United 11 States Code, any amounts due to an employer 12 under this paragraph shall be treated in the 13 same manner as a refund due from a credit 14 provision referred to in subsection (b)(2) of 15 such section. 16 ‘‘(3) OVERSTATEMENTS.—Any overstatement of 17 the credit to which a person is entitled under this 18 section (and any amount paid by the Secretary as a 19 result of such overstatement) shall be treated as an 20 underpayment by such person of the taxes described 21 in paragraph (1) and may be assessed and collected 22 by the Secretary in the same manner as such taxes. 23 ‘‘(d) GOVERNMENTAL ENTITIES.—For purposes of 24 this section, the term ‘person’ includes the government of 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00119 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 120 •HR 1319 RH any State or political subdivision thereof, any Indian tribal 1 government (as defined in section 139E(c)(1)), any agency 2 or instrumentality of any of the foregoing, and any agency 3 or instrumentality of the Government of the United States 4 that is described in section 501(c)(1) and exempt from 5 taxation under section 501(a). 6 ‘‘(e) DENIAL OF DOUBLE BENEFIT.—For purposes 7 of chapter 1, the gross income of any person allowed a 8 credit under this section shall be increased for the taxable 9 year which includes the last day of any calendar quarter 10 with respect to which such credit is allowed by the amount 11 of such credit. No amount for which a credit is allowed 12 under this section shall be taken into account as qualified 13 wages under section 2301 of the CARES Act or as quali- 14 fied health plan expenses under section 7001(d) or 15 7003(d) of the Families First Coronavirus Response Act. 16 ‘‘(f) REGULATIONS.—The Secretary shall issue such 17 regulations, or other guidance, forms, instructions, and 18 publications, as may be necessary or appropriate to carry 19 out this section, including— 20 ‘‘(1) the requirement to report information or 21 the establishment of other methods for verifying the 22 correct amounts of reimbursements under this sec- 23 tion, 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00120 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 121 •HR 1319 RH ‘‘(2) the application of this section to group 1 health plans that are multiemployer plans (as de- 2 fined in section 3(37) of the Employee Retirement 3 Income Security Act of 1974), 4 ‘‘(3) to allow the advance payment of the credit 5 determined under subsection (a), subject to the limi- 6 tations provided in this section, based on such infor- 7 mation as the Secretary shall require, 8 ‘‘(4) to provide for the reconciliation of such 9 advance payment with the amount of the credit at 10 the time of filing the return of tax for the applicable 11 quarter or taxable year, and 12 ‘‘(5) allowing the credit to third party payors 13 (including professional employer organizations, cer- 14 tified professional employer organizations, or agents 15 under section 3504).’’. 16 (B) CLERICAL AMENDMENT.—The table of 17 sections for subchapter B of chapter 65 of the 18 Internal Revenue Code of 1986 is amended by 19 adding at the end the following new item: 20 ‘‘Sec. 6432. Continuation coverage premium assistance.’’. (C) EFFECTIVE DATE.—The amendments 21 made by this paragraph shall apply to pre- 22 miums to which subsection (a)(1)(A) applies 23 and wages paid on or after April 1, 2021. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00121 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 122 •HR 1319 RH (D) SPECIAL RULE IN CASE OF EMPLOYEE 1 PAYMENT THAT IS NOT REQUIRED UNDER THIS 2 SECTION.— 3 (i) IN GENERAL.—In the case of an 4 assistance eligible individual who pays, 5 with respect any period of coverage to 6 which subsection (a)(1)(A) applies, the 7 amount of the premium for such coverage 8 that the individual would have (but for this 9 Act) been required to pay, the person to 10 whom such payment is payable shall reim- 11 burse such individual for the amount of 12 such premium paid in excess of the 13 amount required to be paid under sub- 14 section (a)(1)(A). 15 (ii) CREDIT OF REIMBURSEMENT.—A 16 person to which clause (i) applies shall be 17 allowed a credit in the manner provided 18 under section 6432 of the Internal Rev- 19 enue Code of 1986 for any payment made 20 to the employee under such clause. 21 (iii) PAYMENT OF CREDITS.—Any 22 person to which clause (i) applies shall 23 make the payment required under such 24 clause to the individual not later than 60 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00122 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 123 •HR 1319 RH days after the date on which such indi- 1 vidual elects continuation coverage under 2 subsection (a)(1). 3 (2) PENALTY FOR FAILURE TO NOTIFY HEALTH 4 PLAN OF CESSATION OF ELIGIBILITY FOR PREMIUM 5 ASSISTANCE.— 6 (A) IN GENERAL.—Part I of subchapter B 7 of chapter 68 of the Internal Revenue Code of 8 1986 is amended by adding at the end the fol- 9 lowing new section: 10 ‘‘SEC. 6720C. PENALTY FOR FAILURE TO NOTIFY HEALTH 11 PLAN OF CESSATION OF ELIGIBILITY FOR 12 CONTINUATION COVERAGE PREMIUM ASSIST- 13 ANCE. 14 ‘‘(a) IN GENERAL.—Except in the case of a failure 15 described in subsection (b) or (c), any person required to 16 notify a group health plan under section 2401(a)(2)(B) 17 of the American Rescue Plan Act of 2021 who fails to 18 make such a notification at such time and in such manner 19 as the Secretary of Labor may require shall pay a penalty 20 of $250 for each such failure. 21 ‘‘(b) INTENTIONAL FAILURE.—In the case of any 22 such failure that is fraudulent, such person shall pay a 23 penalty equal to the greater of— 24 ‘‘(1) $250, or 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00123 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 124 •HR 1319 RH ‘‘(2) 110 percent of the premium assistance 1 provided under section 9501(a)(1)(A) of the Amer- 2 ican Rescue Plan Act of 2021 after termination of 3 eligibility under such section. 4 ‘‘(c) REASONABLE CAUSE EXCEPTION.—No penalty 5 shall be imposed under this section with respect to any 6 failure if it is shown that such failure is due to reasonable 7 cause and not to willful neglect.’’. 8 (B) CLERICAL AMENDMENT.—The table of 9 sections of part I of subchapter B of chapter 68 10 of such Code is amended by adding at the end 11 the following new item: 12 ‘‘Sec. 6720C. Penalty for failure to notify health plan of cessation of eligibility for continuation coverage premium assistance.’’. (3) COORDINATION WITH HCTC.— 13 (A) IN GENERAL.—Section 35(g)(9) of the 14 Internal Revenue Code of 1986 is amended to 15 read as follows: 16 ‘‘(9) CONTINUATION COVERAGE PREMIUM AS- 17 SISTANCE.—In the case of an assistance eligible in- 18 dividual who receives premium assistance for con- 19 tinuation coverage under section 2401(a)(1) of the 20 American Rescue Plan Act of 2021 for any month 21 during the taxable year, such individual shall not be 22 treated as an eligible individual, a certified indi- 23 vidual, or a qualifying family member for purposes 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00124 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 125 •HR 1319 RH of this section or section 7527 with respect to such 1 month.’’. 2 (B) EFFECTIVE DATE.—The amendment 3 made by subparagraph (A) shall apply to tax- 4 able years ending after the date of the enact- 5 ment of this Act. 6 (4) EXCLUSION OF CONTINUATION COVERAGE 7 PREMIUM ASSISTANCE FROM GROSS INCOME.— 8 (A) IN GENERAL.—Part III of subchapter 9 B of chapter 1 of the Internal Revenue Code of 10 1986 is amended by inserting after section 11 139H the following new section: 12 ‘‘SEC. 139I. CONTINUATION COVERAGE PREMIUM ASSIST- 13 ANCE. 14 ‘‘In the case of an assistance eligible individual (as 15 defined in subsection (a)(3) of section 2401 of the Amer- 16 ican Rescue Plan Act of 2021), gross income does not in- 17 clude any premium assistance provided under subsection 18 (a)(1) of such section.’’. 19 (B) CLERICAL AMENDMENT.—The table of 20 sections for part III of subchapter B of chapter 21 1 of such Code is amended by inserting after 22 the item relating to section 139H the following 23 new item: 24 ‘‘Sec. 139I. Continuation coverage premium assistance.’’. VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00125 Fmt 6652 Sfmt 6211 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 126 •HR 1319 RH (C) EFFECTIVE DATE.—The amendments 1 made by this paragraph shall apply to taxable 2 years ending after the date of the enactment of 3 this Act. 4 TITLE III—COMMITTEE ON 5 ENERGY AND COMMERCE 6 Subtitle A—Public Health 7 CHAPTER 1—VACCINES AND 8 THERAPEUTICS 9 SEC. 3001. FUNDING FOR COVID–19 VACCINE ACTIVITIES AT 10 THE CENTERS FOR DISEASE CONTROL AND 11 PREVENTION. 12 (a) IN GENERAL.—In addition to amounts otherwise 13 available, there is appropriated to the Secretary of Health 14 and Human Services (in this subtitle referred to as the 15 ‘‘Secretary’’) for fiscal year 2021, out of any money in 16 the Treasury not otherwise appropriated, $7,500,000,000, 17 to remain available until expended, to carry out activities 18 to plan, prepare for, promote, distribute, administer, mon- 19 itor, and track COVID–19 vaccines. 20 (b) USE OF FUNDS.—The Secretary, acting through 21 the Director of the Centers for Disease Control and Pre- 22 vention, and in consultation with other agencies, as appli- 23 cable, shall, in conducting activities referred to in sub- 24 section (a)— 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00126 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 127 •HR 1319 RH (1) conduct activities to enhance, expand, and 1 improve nationwide COVID–19 vaccine distribution 2 and administration, including activities related to 3 distribution of ancillary medical products and sup- 4 plies related to vaccines; and 5 (2) provide technical assistance, guidance, and 6 support to, and award grants or cooperative agree- 7 ments to, State, local, Tribal, and territorial public 8 health departments for enhancement of COVID–19 9 vaccine distribution and administration capabilities, 10 including— 11 (A) the distribution and administration of 12 vaccines licensed under section 351 of the Pub- 13 lic Health Service Act (42 U.S.C. 262) or au- 14 thorized under section 564 of the Federal Food, 15 Drug, and Cosmetic Act (21 U.S.C. 360bbb–3) 16 and ancillary medical products and supplies re- 17 lated to vaccines; 18 (B) the establishment and expansion, in- 19 cluding staffing support, of community vaccina- 20 tion centers, particularly in underserved areas; 21 (C) the deployment of mobile vaccination 22 units, particularly in underserved areas; 23 (D) information technology, data, and re- 24 porting enhancements, including improvements 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00127 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 128 •HR 1319 RH necessary to support sharing of data related to 1 vaccine distribution and vaccinations and sys- 2 tems that enhance vaccine safety, effectiveness, 3 and uptake, particularly among underserved 4 populations; 5 (E) facilities enhancements; and 6 (F) communication with the public regard- 7 ing when, where, and how to receive COVID– 8 19 vaccines. 9 SEC. 3002. FUNDING FOR VACCINE CONFIDENCE ACTIVI- 10 TIES. 11 In addition to amounts otherwise available, there is 12 appropriated to the Secretary for fiscal year 2021, out of 13 any money in the Treasury not otherwise appropriated, 14 $1,000,000,000, to remain available until expended, to 15 carry out activities, acting through the Director of the 16 Centers for Disease Control and Prevention— 17 (1) to strengthen vaccine confidence in the 18 United States, including its territories and posses- 19 sions; 20 (2) to provide further information and edu- 21 cation with respect to vaccines licensed under section 22 351 of the Public Health Service Act (42 U.S.C. 23 262) or authorized under section 564 of the Federal 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00128 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 129 •HR 1319 RH Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb– 1 3); and 2 (3) to improve rates of vaccination throughout 3 the United States, including its territories and pos- 4 sessions, including through activities described in 5 section 313 of the Public Health Service Act, as 6 amended by section 311 of division BB of the Con- 7 solidated Appropriations Act, 2021 (Public Law 8 116–260). 9 SEC. 3003. FUNDING FOR SUPPLY CHAIN FOR COVID–19 10 VACCINES, THERAPEUTICS, AND MEDICAL 11 SUPPLIES. 12 In addition to amounts otherwise available, there is 13 appropriated to the Secretary for fiscal year 2021, out of 14 any money in the Treasury not otherwise appropriated, 15 $5,200,000,000, to remain available until expended, for 16 necessary expenses with respect to research, development, 17 manufacturing, production, and the purchase of vaccines, 18 therapeutics, and ancillary medical products and supplies 19 to prevent, prepare, or respond to— 20 (1) SARS–CoV–2 or any viral variant mutating 21 therefrom with pandemic potential; and 22 (2) COVID–19 or any disease with potential for 23 creating a pandemic. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00129 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 130 •HR 1319 RH SEC. 3004. FUNDING FOR COVID–19 VACCINE, THERA- 1 PEUTIC, AND DEVICE ACTIVITIES AT THE 2 FOOD AND DRUG ADMINISTRATION. 3 In addition to amounts otherwise available, there is 4 appropriated to the Secretary for fiscal year 2021, out of 5 any money in the Treasury not otherwise appropriated, 6 $500,000,000, to remain available until expended, to be 7 used for the evaluation of the continued performance, safe- 8 ty, and effectiveness, including with respect to emerging 9 COVID–19 variants, of vaccines, therapeutics, and 10 diagnostics approved, cleared, licensed, or authorized for 11 use for the treatment, prevention, or diagnosis of COVID– 12 19; facilitation of advanced continuous manufacturing ac- 13 tivities related to production of vaccines and related mate- 14 rials; facilitation and conduct of inspections related to the 15 manufacturing of vaccines, therapeutics, and devices de- 16 layed or cancelled for reasons related to COVID–19; re- 17 view of devices authorized for use for the treatment, pre- 18 vention, or diagnosis of COVID–19; and oversight of the 19 supply chain and mitigation of shortages of vaccines, 20 therapeutics, and devices approved, cleared, licensed, or 21 authorized for use for the treatment, prevention, or diag- 22 nosis of COVID–19 by the Food and Drug Administra- 23 tion. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00130 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 131 •HR 1319 RH CHAPTER 2—TESTING 1 SEC. 3011. FUNDING FOR COVID–19 TESTING, CONTACT 2 TRACING, AND MITIGATION ACTIVITIES. 3 (a) IN GENERAL.—In addition to amounts otherwise 4 available, there is appropriated to the Secretary for fiscal 5 year 2021, out of any money in the Treasury not otherwise 6 appropriated, $46,000,000,000, to remain available until 7 expended, to carry out activities to detect, diagnose, trace, 8 and monitor SARS–CoV–2 and COVID–19 infections and 9 related strategies to mitigate the spread of COVID–19. 10 (b) USE OF FUNDS.—From amounts appropriated by 11 subsection (a), the Secretary shall— 12 (1) implement a national, evidence-based strat- 13 egy for testing, contact tracing, surveillance, and 14 mitigation with respect to SARS–CoV–2 and 15 COVID–19; 16 (2) provide technical assistance, guidance, and 17 support, and award grants or cooperative agree- 18 ments to State, local, and territorial public health 19 departments for activities to detect, diagnose, trace, 20 and monitor SARS–CoV–2 and COVID–19 infec- 21 tions and related strategies and activities to mitigate 22 the spread of COVID–19; 23 (3) support the development, manufacturing, 24 procurement, distribution, and administration of 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00131 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 132 •HR 1319 RH tests to detect or diagnose SARS–CoV–2 and 1 COVID–19, including supplies necessary for admin- 2 istering tests, such as personal protective equipment; 3 (4) establish and expand Federal, State, local, 4 and territorial testing and contact tracing capabili- 5 ties, including investments in laboratory capacity, 6 community-based testing sites, and mobile testing 7 units, particularly in medically underserved areas; 8 (5) enhance information technology, data mod- 9 ernization, and reporting, including improvements 10 necessary to support sharing of data related to pub- 11 lic health capabilities; 12 (6) award grants to, or enter into cooperative 13 agreements or contracts with, State, local, and terri- 14 torial public health departments to establish, ex- 15 pand, and sustain a public health workforce; and 16 (7) to cover administrative and program sup- 17 port costs necessary to conduct activities related to 18 subparagraph (a). 19 SEC. 3012. FUNDING FOR SARS–COV–2 GENOMIC SEQUENC- 20 ING AND SURVEILLANCE. 21 (a) IN GENERAL.—In addition to amounts otherwise 22 available, there is appropriated to the Secretary for fiscal 23 year 2021 out of any money in the Treasury not otherwise 24 appropriated, $1,750,000,000, to remain available until 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00132 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 133 •HR 1319 RH expended, to strengthen and expand activities and work- 1 force related to genomic sequencing, analytics, and disease 2 surveillance. 3 (b) USE OF FUNDS.—From amounts appropriated by 4 subsection (a), the Secretary, acting through the Director 5 of the Centers for Disease Control and Prevention, shall— 6 (1) conduct, expand, and improve activities to 7 sequence genomes, identify mutations, and survey 8 the circulation and transmission of viruses and other 9 organisms, including strains of SARS–CoV–2; 10 (2) award grants or cooperative agreements to 11 State, local, Tribal, or territorial public health de- 12 partments or public health laboratories— 13 (A) to increase their capacity to sequence 14 genomes of circulating strains of viruses and 15 other organisms, including SARS–CoV–2; 16 (B) to identify mutations in viruses and 17 other organisms, including SARS–CoV–2; 18 (C) to use genomic sequencing to identify 19 outbreaks and clusters of diseases or infections, 20 including COVID–19; and 21 (D) to develop effective disease response 22 strategies based on genomic sequencing and 23 surveillance data; 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00133 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 134 •HR 1319 RH (3) enhance and expand the informatics capa- 1 bilities of the public health workforce; and 2 (4) award grants for the construction, alter- 3 ation, or renovation of facilities to improve genomic 4 sequencing and surveillance capabilities at the State 5 and local level. 6 SEC. 3013. FUNDING FOR GLOBAL HEALTH. 7 In addition to amounts otherwise available, there is 8 appropriated to the Secretary for fiscal year 2021, out of 9 any amounts in the Treasury not otherwise appropriated, 10 $750,000,000, to remain available until expended, for ac- 11 tivities to be conducted acting through the Director of the 12 Centers for Disease Control and Prevention to combat 13 SARS–CoV– 2, COVID–19, and other emerging infectious 14 disease threats globally, including efforts related to global 15 health security, global disease detection and response, 16 global health protection, global immunization, and global 17 coordination on public health. 18 SEC. 3014. FUNDING FOR DATA MODERNIZATION AND 19 FORECASTING CENTER. 20 In addition to amounts otherwise available, there is 21 appropriated to the Secretary for fiscal year 2021, out of 22 any money in the Treasury not otherwise appropriated, 23 $500,000,000, to remain available until expended, for ac- 24 tivities to be conducted acting through the Director of the 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00134 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 135 •HR 1319 RH Centers for Disease Control and Prevention to support 1 public health data surveillance and analytics infrastruc- 2 ture modernization initiatives at the Centers for Disease 3 Control and Prevention, and establish, expand, and main- 4 tain efforts to modernize the United States disease warn- 5 ing system to forecast and track hotspots for COVID–19, 6 its variants, and emerging biological threats, including 7 academic and workforce support for analytics and 8 informatics infrastructure and data collection systems. 9 CHAPTER 3—PUBLIC HEALTH 10 WORKFORCE 11 SEC. 3021. FUNDING FOR PUBLIC HEALTH WORKFORCE. 12 (a) IN GENERAL.—In addition to amounts otherwise 13 available, there is appropriated to the Secretary for fiscal 14 year 2021, out of any money in the Treasury not otherwise 15 appropriated, $7,660,000,000, to remain available until 16 expended, to carry out activities related to establishing, 17 expanding, and sustaining a public health workforce, in- 18 cluding by making awards to State, local, and territorial 19 public health departments. 20 (b) USE OF FUNDS FOR PUBLIC HEALTH DEPART- 21 MENTS.—Amounts made available to an awardee pursuant 22 to subsection (a) shall be used for the following: 23 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00135 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 136 •HR 1319 RH (1) Costs, including wages and benefits, related 1 to the recruiting, hiring, and training of individ- 2 uals— 3 (A) to serve as case investigators, contact 4 tracers, social support specialists, community 5 health workers, public health nurses, disease 6 intervention specialists, epidemiologists, pro- 7 gram managers, laboratory personnel, 8 informaticians, communication and policy ex- 9 perts, and any other positions as may be re- 10 quired to prevent, prepare for, and respond to 11 COVID–19; and 12 (B) who are employed by— 13 (i) the State, territorial, or local pub- 14 lic health department involved; or 15 (ii) a nonprofit private or public orga- 16 nization with demonstrated expertise in im- 17 plementing public health programs and es- 18 tablished relationships with such State, 19 territorial, or local public health depart- 20 ments, particularly in medically under- 21 served areas. 22 (2) Personal protective equipment, data man- 23 agement and other technology, or other necessary 24 supplies. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00136 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 137 •HR 1319 RH (3) Administrative costs and activities necessary 1 for awardees to implement activities funded under 2 this section. 3 (4) Reporting to the Secretary on implementa- 4 tion of the activities funded under this section. 5 (5) Subawards from recipients of awards under 6 subsection (a) to local health departments for the 7 purposes of the activities funded under this section. 8 SEC. 3022. FUNDING FOR MEDICAL RESERVE CORPS. 9 In addition to amounts otherwise available, there is 10 appropriated to the Secretary for fiscal year 2021, out of 11 any money in the Treasury not otherwise appropriated, 12 $100,000,000, to remain available until expended, for car- 13 rying out section 2813 of the Public Health Service Act 14 (42 U.S.C. 300hh–15). 15 CHAPTER 4—PUBLIC HEALTH 16 INVESTMENTS 17 SEC. 3031. FUNDING FOR COMMUNITY HEALTH CENTERS 18 AND COMMUNITY CARE. 19 (a) IN GENERAL.—In addition to amounts otherwise 20 available, there is appropriated to the Secretary for fiscal 21 year 2021, out of any money in the Treasury not otherwise 22 appropriated, $7,600,000,000, to remain available until 23 expended, for necessary expenses for awarding grants and 24 cooperative agreements under section 330 of the Public 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00137 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 138 •HR 1319 RH Health Service Act (42 U.S.C. 254b) to be awarded with- 1 out regard to subsections (e)(3), (e)(6)(A)(iii), 2 (e)(6)(B)(iii), and (r)(2)(B) of such section 330, and for 3 necessary expenses for awarding grants to Federally quali- 4 fied health centers (as defined in section 1861(aa)(4)(B) 5 of the Social Security Act (42 U.S.C. 1395x(aa))), and 6 for awarding grants or contracts to qualified entities 7 under the Native Hawaiian Health Care Improvement Act 8 (42 U.S.C. 11701 et seq.). Of the total amount appro- 9 priated by the preceding sentence, not less than 10 $20,000,000 shall be for grants or contracts to qualified 11 entities under the Native Hawaiian Health Care Improve- 12 ment Act (42 U.S.C. 11701 et seq.). 13 (b) USE OF FUNDS.—Amounts made available to an 14 awardee pursuant to subsection (a) shall be used— 15 (1) to plan, prepare for, promote, distribute, 16 administer, and track COVID–19 vaccines, and to 17 carry out other vaccine-related activities; 18 (2) to detect, diagnose, trace, and monitor 19 COVID–19 infections and related activities nec- 20 essary to mitigate the spread of COVID–19, includ- 21 ing activities related to, and equipment or supplies 22 purchased for, testing, contact tracing, surveillance, 23 mitigation, and treatment of COVID–19; 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00138 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 139 •HR 1319 RH (3) to purchase equipment and supplies to con- 1 duct mobile testing or vaccinations for COVID–19, 2 to purchase and maintain mobile vehicles and equip- 3 ment to conduct such testing or vaccinations, and to 4 hire and train laboratory personnel and other staff 5 to conduct such mobile testing or vaccinations, par- 6 ticularly in medically underserved areas; 7 (4) to establish, expand, and sustain the health 8 care workforce to prevent, prepare for, and respond 9 to COVID–19, and to carry out other health work- 10 force-related activities; 11 (5) to modify, enhance, and expand health care 12 services and infrastructure; and 13 (6) to conduct community outreach and edu- 14 cation activities related to COVID–19. 15 (c) PAST EXPENDITURES.—An awardee may use 16 amounts awarded pursuant to subsection (a) to cover the 17 costs of the awardee carrying out any of the activities de- 18 scribed in subsection (b) during the period beginning on 19 the date of the declaration of a public health emergency 20 by the Secretary under section 319 of the Public Health 21 Service Act (42 U.S.C. 247d) on January 31, 2020, with 22 respect to COVID–19 and ending on the date of such 23 award. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00139 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 140 •HR 1319 RH SEC. 3032. FUNDING FOR NATIONAL HEALTH SERVICE 1 CORPS. 2 (a) IN GENERAL.—In addition to amounts otherwise 3 available, there is appropriated to the Secretary for fiscal 4 year 2021, out of any money in the Treasury not otherwise 5 appropriated, $800,000,000, to remain available until ex- 6 pended, for carrying out title III of the Public Health 7 Service Act (42 U.S.C. 241 et seq.) with respect to the 8 health workforce. 9 (b) STATE LOAN REPAYMENT PROGRAMS.— 10 (1) IN GENERAL.—Of the amount made avail- 11 able pursuant to subsection (a), $100,000,000 shall 12 be made available for providing public health serv- 13 ices through supplemental grants to States under 14 section 338I(a) of the Public Health Service Act (42 15 U.S.C. 254q–1(a)). 16 (2) CONDITIONS.—With respect to grants de- 17 scribed in paragraph (1) using funds made available 18 under such paragraph: 19 (A) Section 338I(b) of the Public Health 20 Service Act (42 U.S.C. 254q–1(b)) shall not 21 apply. 22 (B) Notwithstanding section 338I(d)(2) of 23 the Public Health Service Act (42 U.S.C. 254q– 24 1(d)(2)), not more than 10 percent of an award 25 to a State from such amounts, may be used by 26 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00140 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 141 •HR 1319 RH the State for costs of administering the State 1 loan repayment program. 2 SEC. 3033. FUNDING FOR NURSE CORPS. 3 In addition to amounts otherwise available, there is 4 appropriated to the Secretary for fiscal year 2021, out of 5 any money in the Treasury not otherwise appropriated, 6 $200,000,000, to remain available until expended, for car- 7 rying out section 846 of the Public Health Service Act 8 (42 U.S.C. 297n). 9 SEC. 3034. FUNDING FOR TEACHING HEALTH CENTERS 10 THAT OPERATE GRADUATE MEDICAL EDU- 11 CATION. 12 (a) IN GENERAL.—In addition to amounts otherwise 13 available, and notwithstanding the capped amount ref- 14 erenced in sections 340H(b)(2) and 340H(d)(2) of the 15 Public Health Service Act (42 U.S.C. 256h(b)(2) and 16 (d)(2)), there is appropriated to the Secretary for fiscal 17 year 2021, out of any money in the Treasury not otherwise 18 appropriated, $330,000,000, to remain available until 19 September 30, 2023, for the program of payments to 20 teaching health centers that operate graduate medical 21 education under section 340H of the Public Health Serv- 22 ice Act (42 U.S.C. 256h) and for teaching health center 23 development grants authorized under section 749A of the 24 Public Health Service Act (42 U.S.C. 293l–1). 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00141 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 142 •HR 1319 RH (b) USE OF FUNDS.—Amounts made available pursu- 1 ant to subsection (a) shall be used for the following activi- 2 ties: 3 (1) For making payments to new approved 4 graduate medical residency training programs, pro- 5 vided that the number of full-time equivalent resi- 6 dents for which a qualified teaching health center re- 7 ceives payments pursuant to section 340H(a)(1)(C) 8 of the Public Health Service Act (42 U.S.C. 9 256h(a)(1)(C)) for a fiscal year shall not exceed by 10 more than 6 the number of full-time equivalent resi- 11 dents for which the center received such payments 12 for the preceding fiscal year. 13 (2) To provide an increase to the per resident 14 amount described in section 340H(a)(2) of the Pub- 15 lic Health Service Act (42 U.S.C. 256h(a)(2)) of 16 $10,000. 17 (3) For making payments under section 340H 18 of the Public Health Service Act (42 U.S.C. 256h) 19 to qualified teaching health centers for approved 20 graduate medical residency training programs, for 21 the number of full-time equivalent residents at a 22 program at a number that is no lower than the high- 23 est number of full-time equivalent residents in that 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00142 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 143 •HR 1319 RH program for the period of fiscal years 2016 through 1 2018. 2 (4) For making payments under section 3 340H(a)(1)(B) of the Public Health Service Act (42 4 U.S.C. 256h(a)(1)(B)) for the expansion of existing 5 approved graduate medical residency programs. 6 (5) For making awards under section 749A of 7 the Public Health Service Act (42 U.S.C. 293l–1) to 8 teaching health centers for the purpose of estab- 9 lishing new accredited or expanded primary care 10 residency programs. 11 (6) To cover administrative costs and activities 12 necessary for qualified teaching health centers re- 13 ceiving payments under section 340H of the Public 14 Health Service Act (42 U.S.C. 256h) to carry out 15 activities under such section. 16 SEC. 3035. FUNDING FOR COVID–19 TESTING, CONTACT 17 TRACING, AND MITIGATION ACTIVITIES IN 18 CONGREGATE SETTINGS. 19 (a) IN GENERAL.—In addition to amounts otherwise 20 available, there is appropriated to the Secretary for fiscal 21 year 2021, out of any money in the Treasury not otherwise 22 appropriated, $1,800,000,000, to remain available until 23 expended, to carry out activities to detect, diagnose, trace, 24 monitor, and report on SARS–CoV–2 and COVID–19 in- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00143 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 144 •HR 1319 RH fections, and related strategies to mitigate the spread of 1 SARS–CoV–2, in congregate settings. 2 (b) USE OF FUNDS.—From amounts appropriated by 3 subsection (a), the Secretary shall— 4 (1) support activities related to testing through 5 the use of in vitro diagnostic products (as defined in 6 section 809.3(a) of title 21, Code of Federal Regula- 7 tions) for the detection or diagnosis of SARS–CoV– 8 2 and the virus that causes COVID–19, including to 9 purchase, procure, or administer tests and supplies 10 necessary for administering and processing such 11 tests to staff of, or individuals residing in, con- 12 gregate settings, and pay (through any mechanism 13 deemed appropriate by the Secretary) part or all of 14 the costs to such entities of administering or proc- 15 essing such tests; 16 (2) support vaccine-related activities for author- 17 ized or licensed COVID–19 vaccines, to provide for 18 the vaccination of staff of, or individuals residing in, 19 congregate settings, and pay (through any mecha- 20 nism deemed appropriate by the Secretary) part or 21 all of the costs to such entities of administering such 22 vaccines; 23 (3) purchase, procure, or distribute personal 24 protective equipment or other products or supplies 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00144 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 145 •HR 1319 RH for use in mitigation of COVID–19 transmission 1 among staff of, or individuals residing in, congregate 2 settings; and 3 (4) provide technical assistance, guidance, and 4 support and award grants, contracts, or cooperative 5 agreements to State, local, territorial, and Tribal 6 public health departments, or Federal, State, local, 7 territorial, or Tribal public and private entities that 8 manage congregate settings, for activities to detect, 9 diagnose, trace, monitor, and report on SARS–CoV– 10 2 and COVID–19 infections, and related strategies 11 and activities to mitigate the spread of SARS–CoV– 12 2, in congregate settings. 13 (c) DEFINITION.—For purposes of this section, the 14 term ‘‘congregate settings’’ includes Federal, State, local, 15 territorial, and Tribal prisons, jails, detention centers (in- 16 cluding juvenile detention centers), other correctional, de- 17 tention, and reentry facilities, long-term care facilities, 18 psychiatric hospitals, psychiatric residential treatment fa- 19 cilities, shared living arrangements for individuals with 20 disabilities, intermediate care facilities, and other residen- 21 tial care facilities. 22 SEC. 3036. FUNDING FOR FAMILY PLANNING. 23 In addition to amounts otherwise available, there is 24 appropriated to the Secretary for fiscal year 2021, out of 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00145 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 146 •HR 1319 RH any money in the Treasury not otherwise appropriated, 1 $50,000,000, to remain available until expended, for nec- 2 essary expenses for making grants and contracts under 3 section 1001 of the Public Health Service Act (42 U.S.C. 4 300). 5 SEC. 3037. FUNDING FOR CHILDREN UNDER THE CARE OF 6 THE DEPARTMENT OF HEALTH AND HUMAN 7 SERVICES. 8 (a) IN GENERAL.—In addition to amounts otherwise 9 available, there is appropriated to the Secretary for fiscal 10 year 2021, out of any money in the Treasury not otherwise 11 appropriated, $425,000,000, to remain available until ex- 12 pended, for expenses incurred in preparing for and pro- 13 viding child care, education services, health care services, 14 case management services, or other necessary services for 15 children in the care of personnel employed by or under 16 a grant, cooperative agreement, or contract with the De- 17 partment of Health and Human Services (or agency, sub- 18 division, or office thereof). 19 (b) USE OF FUNDS.—Amounts made available pursu- 20 ant to subsection (a) shall be used for— 21 (1) costs related to capacity to provide care to 22 children described in such subsection; 23 (2) costs related to the recruiting, hiring, and 24 training of additional staff; 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00146 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 147 •HR 1319 RH (3) activities to detect, diagnose, trace, treat, 1 and monitor SARS–CoV–2 and COVID–19 infec- 2 tions and related strategies and activities to mitigate 3 the spread of SARS–CoV–2 and COVID–19; 4 (4) the purchase, procurement, or distribution 5 of in vitro diagnostic products (as defined in section 6 809.3(a) of title 21, Code of Federal Regulations) 7 for the detection or diagnosis of SARS–CoV–2 and 8 the virus that causes COVID–19 or supplies nec- 9 essary for administering tests to such children and 10 staff caring for such children; 11 (5) distribution of COVID–19 vaccines licensed 12 under section 351 of the Public Health Service Act 13 (42 U.S.C. 262) or authorized for emergency use 14 under section 564 of the Federal Food, Drug, and 15 Cosmetic Act (21 U.S.C. 360bbb–3) for such chil- 16 dren or staff caring for such children; or 17 (6) the purchase, procurement, or distribution 18 of personal protective equipment or other measures 19 for mitigation and prevention of COVID–19 trans- 20 mission among such children and staff caring for 21 such children. 22 SEC. 3038. FUNDING FOR OFFICE OF INSPECTOR GENERAL. 23 In addition to amounts otherwise available, there is 24 appropriated to the inspector general of the Department 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00147 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 148 •HR 1319 RH of Health and Human Services for fiscal year 2021, out 1 of any money in the Treasury not otherwise appropriated, 2 $5,000,000, to remain available until expended, for over- 3 sight of activities supported with funds appropriated to 4 the Department of Health and Human Services to pre- 5 vent, prepare for, and respond to coronavirus 2019 or 6 COVID–19, domestically or internationally. 7 CHAPTER 5—INDIAN HEALTH 8 SEC. 3041. FUNDING FOR INDIAN HEALTH. 9 (a) In addition to amounts otherwise available, there 10 is appropriated to the Secretary for fiscal year 2021, out 11 of any money in the Treasury not otherwise appropriated, 12 $6,094,000,000, to remain available until expended, of 13 which— 14 (1) $5,484,000,000 shall be for carrying out 15 the Act of August 5, 1954 (42 U.S.C. 2001 et seq.) 16 (commonly referred to as the Transfer Act), the In- 17 dian Self-Determination and Education Assistance 18 Act (25 U.S.C. 5301 et seq.), the Indian Health 19 Care Improvement Act (25 U.S.C. 1601 et seq.), 20 and titles II and III of the Public Health Service 21 Act (42 U.S.C. 201 et seq. and 241 et seq.) with re- 22 spect to the Indian Health Service, of which— 23 (A) $2,000,000,000 shall be for lost reim- 24 bursements, in accordance with section 207 of 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00148 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 149 •HR 1319 RH the Indian Health Care Improvement Act (25 1 U.S.C. 1621f); 2 (B) $500,000,000 shall be for the provi- 3 sion of additional health care services, services 4 provided through the Purchased/Referred Care 5 program, and other related activities; 6 (C) $140,000,000 shall be for information 7 technology, telehealth infrastructure, and the 8 Indian Health Service electronic health records 9 system; 10 (D) $84,000,000 shall be for maintaining 11 operations of the Urban Indian health program, 12 which shall be in addition to other amounts 13 made available under this subsection for Urban 14 Indian organizations (as defined in section 4 of 15 the Indian Health Care Improvement Act (25 16 U.S.C. 1603)); 17 (E) $600,000,000 shall be for necessary 18 expenses to plan, prepare for, promote, dis- 19 tribute, administer, and track COVID–19 vac- 20 cines, for the purposes described in subpara- 21 graphs (F) and (G), and for other vaccine-re- 22 lated activities; 23 (F) $1,500,000,000 shall be for necessary 24 expenses to detect, diagnose, trace, and monitor 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00149 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 150 •HR 1319 RH COVID–19 infections, activities necessary to 1 mitigate the spread of COVID–19, supplies nec- 2 essary for such activities, for the purposes de- 3 scribed in subparagraphs (E) and (G), and for 4 other related activities; 5 (G) $240,000,000 shall be for necessary 6 expenses to establish, expand, and sustain a 7 public health workforce to prevent, prepare for, 8 and respond to COVID–19, other public health 9 workforce-related activities, for the purposes de- 10 scribed in subparagraphs (E) and (F), and for 11 other related activities; and 12 (H) $420,000,000 shall be for necessary 13 expenses related to mental and behavioral 14 health prevention and treatment services, for 15 the purposes described in subparagraph (C) and 16 paragraph (2) as related to mental and behav- 17 ioral health, and for other related activities; 18 (2) $600,000,000 shall be for the lease, pur- 19 chase, construction, alteration, renovation, or equip- 20 ping of health facilities to respond to COVID–19, 21 and for maintenance and improvement projects nec- 22 essary to respond to COVID–19 under section 7 of 23 the Act of August 5, 1954 (42 U.S.C. 2004a), the 24 Indian Self-Determination and Education Assistance 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00150 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 151 •HR 1319 RH Act (25 U.S.C. 5301 et seq.), the Indian Health 1 Care Improvement Act (25 U.S.C. 1601 et seq.), 2 and titles II and III of the Public Health Service 3 Act (42 U.S.C. 202 et seq.) with respect to the In- 4 dian Health Service; and 5 (3) $10,000,000 shall be for carrying out sec- 6 tion 7 of the Act of August 5, 1954 (42 U.S.C. 7 2004a) for expenses relating to potable water deliv- 8 ery. 9 (b) Funds appropriated by subsection (a) shall be 10 made available to restore amounts, either directly or 11 through reimbursement, for obligations for the purposes 12 specified in this section that were incurred to prevent, pre- 13 pare for, and respond to COVID–19 during the period be- 14 ginning on the date on which the public health emergency 15 was declared by the Secretary on January 31, 2020, pur- 16 suant to section 319 of the Public Health Service Act (42 17 U.S.C. 247d) with respect to COVID–19 and ending on 18 the date of the enactment of this Act. 19 (c) Funds made available under subsection (a) to 20 Tribes and Tribal organizations under the Indian Self-De- 21 termination and Education Assistance Act (25 U.S.C. 22 5301 et seq.) shall be available on a one-time basis. Such 23 non-recurring funds shall not be part of the amount re- 24 quired by section 106 of the Indian Self-Determination 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00151 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 152 •HR 1319 RH and Education Assistance Act (25 U.S.C. 5325), and such 1 funds shall only be used for the purposes identified in this 2 section. 3 CHAPTER 6—MENTAL HEALTH AND 4 SUBSTANCE USE DISORDER 5 SEC. 3051. FUNDING FOR BLOCK GRANTS FOR COMMUNITY 6 MENTAL HEALTH SERVICES. 7 In addition to amounts otherwise available, there is 8 appropriated to the Secretary for fiscal year 2021, out of 9 any money in the Treasury not otherwise appropriated, 10 $1,750,000,000, to remain available until expended, for 11 carrying out subpart I of part B of title XIX of the Public 12 Health Service Act (42 U.S.C. 300x et seq.), subpart III 13 of part B of title XIX of such Act (42 U.S.C. 300x–51 14 et seq.), and section 505(c) of such Act (42 U.S.C. 290aa– 15 4(c)) with respect to mental health. Notwithstanding sec- 16 tion 1952 of the Public Health Service Act (42 U.S.C. 17 300x–62), any amount awarded to a State out of amounts 18 appropriated by this section shall be expended by the State 19 by September 30, 2025. 20 SEC. 3052. FUNDING FOR BLOCK GRANTS FOR PREVENTION 21 AND TREATMENT OF SUBSTANCE ABUSE. 22 In addition to amounts otherwise available, there is 23 appropriated to the Secretary for fiscal year 2021, out of 24 any money in the Treasury not otherwise appropriated, 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00152 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 153 •HR 1319 RH $1,750,000,000, to remain available until expended, for 1 carrying out subpart II of part B of title XIX of the Public 2 Health Service Act (42 U.S.C. 300x–21 et seq.), subpart 3 III of part B of title XIX of such Act (42 U.S.C. 300x– 4 51 et seq.), section 505(d) of such Act (42 U.S.C. 290aa– 5 4(d)) with respect to substance abuse, and section 515(d) 6 of such Act (42 U.S.C. 290bb–21(d)). Notwithstanding 7 section 1952 of the Public Health Service Act (42 U.S.C. 8 300x–62), any amount awarded to a State out of amounts 9 appropriated by this section shall be expended by the State 10 by September 30, 2025. 11 SEC. 3053. FUNDING FOR MENTAL AND BEHAVIORAL 12 HEALTH TRAINING FOR HEALTH CARE PRO- 13 FESSIONALS, PARAPROFESSIONALS, AND 14 PUBLIC SAFETY OFFICERS. 15 (a) IN GENERAL.—In addition to amounts otherwise 16 available, there is appropriated to the Secretary for fiscal 17 year 2021, out of any money in the Treasury not otherwise 18 appropriated, $80,000,000, to remain available until ex- 19 pended, for the purpose described in subsection (b). 20 (b) USE OF FUNDING.—The Secretary, acting 21 through the Administrator of the Health Resources and 22 Services Administration, shall, taking into consideration 23 the needs of rural and medically underserved communities, 24 use amounts appropriated by subsection (a) to award 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00153 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 154 •HR 1319 RH grants or contracts to health professions schools, academic 1 health centers, State or local governments, Indian Tribes 2 and Tribal organizations, or other appropriate public or 3 private nonprofit entities (or consortia of entities, includ- 4 ing entities promoting multidisciplinary approaches), to 5 plan, develop, operate, or participate in health professions 6 and nursing training activities for health care students, 7 residents, professionals, paraprofessionals, trainees, and 8 public safety officers, and employers of such individuals, 9 in evidence-informed strategies for reducing and address- 10 ing suicide, burnout, and mental and behavioral health 11 conditions (including substance use disorders) among 12 health care professionals. 13 SEC. 3054. FUNDING FOR EDUCATION AND AWARENESS 14 CAMPAIGN ENCOURAGING HEALTHY WORK 15 CONDITIONS AND USE OF MENTAL AND BE- 16 HAVIORAL HEALTH SERVICES BY HEALTH 17 CARE PROFESSIONALS. 18 (a) IN GENERAL.—In addition to amounts otherwise 19 available, there is appropriated to the Secretary for fiscal 20 year 2021, out of any money in the Treasury not otherwise 21 appropriated, $20,000,000, to remain available until ex- 22 pended, for the purpose described in subsection (b). 23 (b) USE OF FUNDS.—The Secretary, acting through 24 the Director of the Centers for Disease Control and Pre- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00154 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 155 •HR 1319 RH vention and in consultation with the medical professional 1 community, shall use amounts appropriated by subsection 2 (a) to carry out a national evidence-based education and 3 awareness campaign directed at health care professionals 4 and first responders (such as emergency medical service 5 providers), and employers of such professionals and first 6 responders. Such awareness campaign shall— 7 (1) encourage primary prevention of mental and 8 behavioral health conditions and secondary and ter- 9 tiary prevention by encouraging health care profes- 10 sionals to seek support and treatment for their own 11 behavioral health concerns; 12 (2) help such professionals to identify risk fac- 13 tors in themselves and others and respond to such 14 risks; 15 (3) include information on reducing or pre- 16 venting suicide, substance use disorders, burnout, 17 and other mental and behavioral health conditions, 18 and addressing stigma associated with seeking men- 19 tal and behavioral health support and treatment; 20 and 21 (4) consider the needs of rural and medically 22 underserved communities. 23 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00155 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 156 •HR 1319 RH SEC. 3055. FUNDING FOR GRANTS FOR HEALTH CARE PRO- 1 VIDERS TO PROMOTE MENTAL AND BEHAV- 2 IORAL HEALTH AMONG THEIR HEALTH PRO- 3 FESSIONAL WORKFORCE. 4 (a) IN GENERAL.—In addition to amounts otherwise 5 available, there is appropriated to the Secretary for fiscal 6 year 2021, out of any money in the Treasury not otherwise 7 appropriated, $40,000,000, to remain available until ex- 8 pended, for the purpose described in subsection (b). 9 (b) USE OF FUNDS.—The Secretary, acting through 10 the Administrator of the Health Resources and Services 11 Administration, shall, taking into consideration the needs 12 of rural and medically underserved communities, use 13 amounts appropriated by subsection (a) to award grants 14 or contracts to entities providing health care, including 15 health care providers associations and Federally qualified 16 health centers, to establish, enhance, or expand evidence- 17 informed programs or protocols to promote mental and be- 18 havioral health among their providers, other personnel, 19 and members. 20 SEC. 3056. FUNDING FOR COMMUNITY-BASED FUNDING 21 FOR LOCAL SUBSTANCE USE DISORDER 22 SERVICES. 23 (a) IN GENERAL.—In addition to amounts otherwise 24 available, there is appropriated to the Secretary for fiscal 25 year 2021, out of any money in the Treasury not otherwise 26 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00156 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 157 •HR 1319 RH appropriated, $30,000,000, to remain available until ex- 1 pended, to carry out the purpose described in subsection 2 (b). 3 (b) USE OF FUNDS.— 4 (1) IN GENERAL.—The Secretary, acting 5 through the Assistant Secretary for Mental Health 6 and Substance Use and in consultation with the Di- 7 rector of the Centers for Disease Control and Pre- 8 vention, shall award grants to support States; local, 9 Tribal, and territorial governments; Tribal organiza- 10 tions; nonprofit community-based organizations; and 11 primary and behavioral health organizations to sup- 12 port community-based overdose prevention pro- 13 grams, syringe services programs, and other harm 14 reduction services, with respect to harms of drug 15 misuse that are exacerbated by the COVID–19 pub- 16 lic health emergency. 17 (2) USE OF GRANT FUNDS.—Grant funds 18 awarded under this section to eligible entities may 19 be used for preventing and controlling the spread of 20 infectious diseases and the consequences of such dis- 21 eases for individuals with substance use disorder, 22 distributing opioid overdose reversal medication to 23 individuals at risk of overdose, connecting individ- 24 uals at risk for, or with, a substance use disorder to 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00157 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 158 •HR 1319 RH overdose education, counseling, and health edu- 1 cation, and encouraging such individuals to take 2 steps to reduce the negative personal and public 3 health impacts of substance use or misuse. 4 SEC. 3057. FUNDING FOR COMMUNITY-BASED FUNDING 5 FOR LOCAL BEHAVIORAL HEALTH NEEDS. 6 (a) IN GENERAL.—In addition to amounts otherwise 7 available, there is appropriated to the Secretary for fiscal 8 year 2021, out of any money in the Treasury not otherwise 9 appropriated, $50,000,000, to remain available until ex- 10 pended, to carry out the purpose described in subsection 11 (b). 12 (b) USE OF FUNDS.— 13 (1) IN GENERAL.—The Secretary, acting 14 through the Assistant Secretary for Mental Health 15 and Substance Use, shall award grants to State, 16 local, Tribal, and territorial governments, Tribal or- 17 ganizations, nonprofit community-based entities, and 18 primary care and behavioral health organizations to 19 address increased community behavioral health 20 needs worsened by the COVID–19 public health 21 emergency. 22 (2) USE OF GRANT FUNDS.—Grant funds 23 awarded under this section to eligible entities may 24 be used for promoting care coordination among local 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00158 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 159 •HR 1319 RH entities; training the mental and behavioral health 1 workforce, relevant stakeholders, and community 2 members; expanding evidence-based integrated mod- 3 els of care; addressing surge capacity for mental and 4 behavioral health needs; providing mental and behav- 5 ioral health services to individuals with mental 6 health needs (including co-occurring substance use 7 disorders) as delivered by behavioral and mental 8 health professionals utilizing telehealth services; and 9 supporting, enhancing, or expanding mental and be- 10 havioral health preventive and crisis intervention 11 services. 12 SEC. 3058. FUNDING FOR THE NATIONAL CHILD TRAU- 13 MATIC STRESS NETWORK. 14 In addition to amounts otherwise available, there is 15 appropriated to the Secretary for fiscal year 2021, out of 16 any money in the Treasury not otherwise appropriated, 17 $10,000,000, to remain available until expended, for car- 18 rying out section 582 of the Public Health Service Act 19 (42 U.S.C. 290hh–1) with respect to addressing the prob- 20 lem of high-risk or medically underserved persons who ex- 21 perience violence-related stress. 22 SEC. 3059. FUNDING FOR PROJECT AWARE. 23 In addition to amounts otherwise available, there is 24 appropriated to the Secretary for fiscal year 2021, out of 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00159 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 160 •HR 1319 RH any money in the Treasury not otherwise appropriated, 1 $30,000,000, to remain available until expended, for car- 2 rying out section 520A of the Public Health Service Act 3 (42 U.S.C. 290bb–32) with respect to advancing wellness 4 and resiliency in education. 5 SEC. 3059A. FUNDING FOR YOUTH SUICIDE PREVENTION. 6 In addition to amounts otherwise available, there is 7 appropriated to the Secretary for fiscal year 2021, out of 8 any money in the Treasury not otherwise appropriated, 9 $20,000,000, to remain available until expended, for car- 10 rying out sections 520E and 520E–2 of the Public Health 11 Service Act (42 U.S.C. 290bb–36, 290bb–36b). 12 SEC. 3059B. FUNDING FOR BEHAVIORAL HEALTH WORK- 13 FORCE EDUCATION AND TRAINING. 14 In addition to amounts otherwise available, there is 15 appropriated to the Secretary for fiscal year 2021, out of 16 any money in the Treasury not otherwise appropriated, 17 $100,000,000, to remain available until expended, for car- 18 rying out section 756 of the Public Health Service Act 19 (42 U.S.C. 294e–1). 20 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00160 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 161 •HR 1319 RH CHAPTER 7—EXCHANGE GRANT 1 PROGRAM 2 SEC. 3061. ESTABLISHING A GRANT PROGRAM FOR EX- 3 CHANGE MODERNIZATION. 4 (a) IN GENERAL.—Out of funds appropriated under 5 subsection (b), the Secretary shall award grants to each 6 American Health Benefits Exchange established under 7 subtitle D of title I of the Patient Protection and Afford- 8 able Care Act (42 U.S.C. 18021 et seq.) (other than an 9 Exchange established by the Secretary under section 10 1321(c) of such Act (42 U.S.C. 18041(c))) that submits 11 to the Secretary an application at such time and in such 12 manner, and containing such information, as specified by 13 the Secretary, for purposes of enabling such Exchange to 14 modernize or update any system, program, or technology 15 utilized by such Exchange to ensure such Exchange is 16 compliant with all applicable requirements of section 1311 17 of such Act (42 U.S.C. 18031). 18 (b) FUNDING.—There is appropriated, out of any 19 monies in the Treasury not otherwise obligated, 20 $20,000,000, to remain available until expended, for car- 21 rying out this section. 22 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00161 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 162 •HR 1319 RH Subtitle B—Medicaid 1 SEC. 3101. MANDATORY COVERAGE OF COVID–19 VACCINES 2 AND ADMINISTRATION AND TREATMENT 3 UNDER MEDICAID. 4 (a) COVERAGE.— 5 (1) IN GENERAL.—Section 1905(a)(4) of the 6 Social Security Act (42 U.S.C. 1396d(a)(4)) is 7 amended— 8 (A) by striking ‘‘and (D)’’ and inserting 9 ‘‘(D)’’; and 10 (B) by striking the semicolon at the end 11 and inserting ‘‘; (E) during the period begin- 12 ning on the date of the enactment of the Amer- 13 ican Rescue Plan Act of 2021 and ending on 14 the last day of the first calendar quarter that 15 begins at least one year after the last day of the 16 emergency period described in section 17 1135(g)(1)(B), a COVID–19 vaccine and ad- 18 ministration of the vaccine; and (F) during the 19 period beginning on the date of the enactment 20 of the American Rescue Plan Act of 2021 and 21 ending on the last day of the first calendar 22 quarter that begins at least one year after the 23 last day of the emergency period described in 24 section 1135(g)(1)(B), testing and treatments 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00162 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 163 •HR 1319 RH for COVID-19, including specialized equipment 1 and therapies (including preventive therapies), 2 and, without regard to the requirements of sec- 3 tion 1902(a)(10)(B) (relating to comparability), 4 in the case of an individual who is diagnosed 5 with or presumed to have COVID–19, during 6 the period such individual has (or is presumed 7 to have) COVID–19, the treatment of a condi- 8 tion that may seriously complicate the treat- 9 ment of COVID–19, if otherwise covered under 10 the State plan (or waiver of such plan);’’. 11 (2) MAKING COVID–19 VACCINE AVAILABLE TO 12 ADDITIONAL ELIGIBILITY GROUPS AND TREATMENT 13 AVAILABLE TO CERTAIN UNINSURED.—Section 14 1902(a)(10) of such Act (42 U.S.C. 1396a(a)(10)) 15 is amended in the matter following subparagraph 16 (G)— 17 (A) by striking ‘‘and to other conditions 18 which may complicate pregnancy, (VIII)’’ and 19 inserting ‘‘, medical assistance for services re- 20 lated to other conditions which may complicate 21 pregnancy, and medical assistance for vaccines 22 described in section 1905(a)(4)(E) and the ad- 23 ministration of such vaccines during the period 24 described in such section, (VIII)’’; 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00163 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 164 •HR 1319 RH (B) by inserting ‘‘and medical assistance 1 for vaccines described in section 1905(a)(4)(E) 2 and the administration of such vaccines during 3 the period described in such section’’ after ‘‘(de- 4 scribed in subsection (z)(2))’’; 5 (C) by striking ‘‘cancer (XV)’’ and insert- 6 ing ‘‘cancer, (XV)’’; 7 (D) by inserting ‘‘and medical assistance 8 for vaccines described in section 1905(a)(4)(E) 9 and the administration of such vaccines during 10 the period described in such section’’ after ‘‘de- 11 scribed in subsection (k)(1)’’; 12 (E) by inserting ‘‘and medical assistance 13 for vaccines described in section 1905(a)(4)(E) 14 and the administration of such vaccines during 15 the period described in such section’’ after 16 ‘‘family planning setting’’; 17 (F) by striking ‘‘and (XVIII)’’ and insert- 18 ing ‘‘(XVIII)’’; 19 (G) by striking ‘‘and any visit described in 20 section 1916(a)(2)(G) that is furnished during 21 any such portion’’ and inserting ‘‘, any service 22 described in section 1916(a)(2)(G) that is fur- 23 nished during any such portion, any vaccine de- 24 scribed in section 1905(a)(4)(E) (and the ad- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00164 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 165 •HR 1319 RH ministration of such vaccine) that is furnished 1 during any such portion, and testing and treat- 2 ments for COVID-19, including specialized 3 equipment and therapies (including preventive 4 therapies), and, in the case of an individual who 5 is diagnosed with or presumed to have COVID– 6 19, during the period such individual has (or is 7 presumed to have) COVID–19, the treatment of 8 a condition that may seriously complicate the 9 treatment of COVID–19, if otherwise covered 10 under the State plan (or waiver of such plan)’’; 11 and 12 (H) by striking the semicolon at the end 13 and inserting ‘‘, and (XIX) medical assistance 14 shall be made available during the period de- 15 scribed in section 1905(a)(4)(E) for vaccines 16 described in such section and the administra- 17 tion of such vaccines, for any individual who is 18 eligible for and receiving medical assistance 19 under the State plan or under a waiver of such 20 plan (other than an individual who is eligible 21 for medical assistance consisting only of pay- 22 ment of premiums pursuant to subparagraph 23 (E) or (F) or section 1933), notwithstanding 24 any provision of law limiting such individual’s 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00165 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 166 •HR 1319 RH eligibility for medical assistance under such 1 plan or waiver to coverage for a limited type of 2 benefits and services that would not otherwise 3 include coverage of a COVID–19 vaccine and 4 its administration;’’. 5 (3) PROHIBITION OF COST SHARING.— 6 (A) IN GENERAL.—Subsections (a)(2) and 7 (b)(2) of section 1916 of the Social Security 8 Act (42 U.S.C. 1396o) are each amended— 9 (i) in subparagraph (F), by striking 10 ‘‘or’’ at the end; 11 (ii) in subparagraph (G), by striking 12 ‘‘; and’’; and 13 (iii) by adding at the end the fol- 14 lowing subparagraphs: 15 ‘‘(H) during the period beginning on the 16 date of the enactment of this subparagraph and 17 ending on the last day of the first calendar 18 quarter that begins at least one year after the 19 last day of the emergency period described in 20 section 1135(g)(1)(B), a COVID–19 vaccine 21 and the administration of such vaccine (for any 22 individual eligible for medical assistance for 23 such vaccine (and administration)); or 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00166 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 167 •HR 1319 RH ‘‘(I) during the period beginning on the 1 date of the enactment of this subparagraph and 2 ending on the last day of the first calendar 3 quarter that begins at least one year after the 4 last day of the emergency period described in 5 section 1135(g)(1)(B), testing and treatments 6 for COVID-19, including specialized equipment 7 and therapies (including preventive therapies), 8 and, in the case of an individual who is diag- 9 nosed with or presumed to have COVID–19, 10 during the period during which such individual 11 has (or is presumed to have) COVID–19, the 12 treatment of a condition that may seriously 13 complicate the treatment of COVID–19, if oth- 14 erwise covered under the State plan (or waiver 15 of such plan); and’’. 16 (B) APPLICATION TO ALTERNATIVE COST 17 SHARING.—Section 1916A(b)(3)(B) of the So- 18 cial Security Act (42 U.S.C. 1396o–1(b)(3)(B)) 19 is amended— 20 (i) in clause (xi), by striking ‘‘any 21 visit’’ and inserting ‘‘any service’’; and 22 (ii) by adding at the end the following 23 clauses: 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00167 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 168 •HR 1319 RH ‘‘(xii) During the period beginning on 1 the date of the enactment of this clause 2 and ending on the last day of the first cal- 3 endar quarter that begins at least one year 4 after the last day of the emergency period 5 described in section 1135(g)(1)(B), a 6 COVID–19 vaccine and the administration 7 of such vaccine (for any individual eligible 8 for medical assistance for such vaccine 9 (and administration)). 10 ‘‘(xiii) During the period beginning on 11 the date of the enactment of this clause 12 and ending on the last day of the first cal- 13 endar quarter that begins at least one year 14 after the last day of the emergency period 15 described in section 1135(g)(1)(B), testing 16 and treatments for COVID-19, including 17 specialized equipment and therapies (in- 18 cluding preventive therapies), and, in the 19 case of an individual who is diagnosed with 20 or presumed to have COVID–19, during 21 the period during which such individual 22 has (or is presumed to have) COVID–19, 23 the treatment of a condition that may seri- 24 ously complicate the treatment of COVID– 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00168 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 169 •HR 1319 RH 19, if otherwise covered under the State 1 plan (or waiver of such plan).’’. 2 (4) INCLUSION IN THE MEDICAID DRUG RE- 3 BATE PROGRAM OF COVERED OUTPATIENT DRUGS 4 USED FOR COVID–19 TREATMENT.— 5 (A) IN GENERAL.—The requirements of 6 section 1927 of the Social Security Act (42 7 U.S.C. 1396r–8) shall apply to any drug or bio- 8 logical product described in subparagraph (F) 9 of section 1905(a)(4) of such Act, as added by 10 paragraph (1), or described in the subclause 11 (XVIII) in the matter following subparagraph 12 (G) of section 1902(a)(10) of such Act, as 13 added by paragraph (2), that is— 14 (i) furnished as medical assistance in 15 accordance with such subparagraph (F) or 16 subclause (XVIII), as applicable, for the 17 treatment, or prevention, of COVID-19, as 18 described in such subparagraph of sub- 19 clause, respectively; and 20 (ii) a covered outpatient drug (as de- 21 fined in section 1927(k) of such Act, ex- 22 cept that, in applying paragraph (2)(A) of 23 such section to a drug described in such 24 subparagraph (F) or such subclause 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00169 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 170 •HR 1319 RH (XVIII), such drug shall be deemed a pre- 1 scribed drug for purposes of section 2 1905(a)(12) of such Act). 3 (B) CONFORMING AMENDMENT.—Section 4 1927(d)(7) of the Social Security Act (42 5 U.S.C. 1396r–8(d)(7)) is amended by adding at 6 the end the following new subparagraph: 7 ‘‘(E) Drugs and biological products de- 8 scribed in section 1905(a)(4)(F) and subclause 9 (XVIII) in the matter following subparagraph 10 (G) of section 1902(a)(10) that are furnished 11 as medical assistance in accordance with such 12 section or clause, respectively, for the treatment 13 or prevention, of COVID–19, as described in 14 such subparagraph of subclause, respectively.’’. 15 (5) ALTERNATIVE BENEFIT PLANS.—Section 16 1937(b) of the Social Security Act (42 U.S.C. 17 1396u–7(b)) is amended by adding at the end the 18 following new paragraph: 19 ‘‘(8) COVID–19 VACCINES, TESTING, AND 20 TREATMENT.—Notwithstanding the previous provi- 21 sions of this section, a State may not provide for 22 medical assistance through enrollment of an indi- 23 vidual with benchmark coverage or benchmark-equiv- 24 alent coverage under this section unless, during the 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00170 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 171 •HR 1319 RH period beginning on the date of the enactment of the 1 American Rescue Plan Act of 2021 and ending on 2 the last day of the first calendar quarter that begins 3 at least one year after the last day of the emergency 4 period described in section 1135(g)(1)(B), such cov- 5 erage includes (and does not impose any deduction, 6 cost sharing, or similar charge for)— 7 ‘‘(A) COVID–19 vaccines and administra- 8 tion of the vaccines; and 9 ‘‘(B) testing and treatments for COVID- 10 19, including specialized equipment and thera- 11 pies (including preventive therapies), and, in 12 the case of such an individual who is diagnosed 13 with or presumed to have COVID–19, during 14 the period such individual has (or is presumed 15 to have) COVID–19, the treatment of a condi- 16 tion that may seriously complicate the treat- 17 ment of COVID–19, if otherwise covered under 18 the State plan (or waiver of such plan).’’. 19 (b) TEMPORARY INCREASE IN FEDERAL PAYMENTS 20 FOR COVERAGE AND ADMINISTRATION OF COVID–19 21 VACCINES.—Section 1905 of the Social Security Act (42 22 U.S.C. 1396d) is amended— 23 (1) in subsection (b), by striking ‘‘and (ff)’’ and 24 inserting ‘‘(ff), and (hh)’’; 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00171 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 172 •HR 1319 RH (2) in subsection (ff), in the matter preceding 1 paragraph (1), by inserting ‘‘, subject to subsection 2 (hh)’’ after ‘‘or (z)(2)’’ and 3 (3) by adding at the end the following new sub- 4 section: 5 ‘‘(hh) TEMPORARY INCREASED FMAP FOR MEDICAL 6 ASSISTANCE FOR COVERAGE AND ADMINISTRATION OF 7 COVID–19 VACCINES.— 8 ‘‘(1) IN GENERAL.—Notwithstanding any other 9 provision of this title, during the period described in 10 paragraph (2), the Federal medical assistance per- 11 centage for a State, with respect to amounts ex- 12 pended by the State for medical assistance for a vac- 13 cine described in subsection (a)(4)(E) (and the ad- 14 ministration of such a vaccine), shall be equal to 100 15 percent. 16 ‘‘(2) PERIOD DESCRIBED.—The period de- 17 scribed in this paragraph is the period that— 18 ‘‘(A) begins on the first day of the first 19 quarter beginning after the date of the enact- 20 ment of this subsection; and 21 ‘‘(B) ends on the last day of the first quar- 22 ter that begins at least one year after the last 23 day of the emergency period described in sec- 24 tion 1135(g)(1)(B). 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00172 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 173 •HR 1319 RH ‘‘(3) EXCLUSION OF EXPENDITURES FROM TER- 1 RITORIAL CAPS.—Any payment made to a territory 2 for expenditures for medical assistance under sub- 3 section (a)(4)(E) that are subject to the Federal 4 medical assistance percentage specified under para- 5 graph (1) shall not be taken into account for pur- 6 poses of applying payment limits under subsections 7 (f) and (g) of section 1108.’’. 8 SEC. 3102. MODIFICATIONS TO CERTAIN COVERAGE UNDER 9 MEDICAID FOR PREGNANT AND 10 POSTPARTUM WOMEN. 11 (a) STATE OPTION.—Section 1902(e) of the Social 12 Security Act (42 U.S.C. 1396a(e)) is amended by adding 13 at the end the following new paragraph: 14 ‘‘(16) EXTENDING CERTAIN COVERAGE FOR 15 PREGNANT AND POSTPARTUM WOMEN.— 16 ‘‘(A) IN GENERAL.—At the option of the 17 State, the State plan (or waiver of such State 18 plan) may provide, that an individual who, 19 while pregnant, is eligible for and has received 20 medical assistance under the State plan ap- 21 proved under this title (or a waiver of such 22 plan) (including during a period of retroactive 23 eligibility under subsection (a)(34)) shall, in ad- 24 dition to remaining eligible under paragraph (5) 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00173 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 174 •HR 1319 RH for all pregnancy-related and postpartum med- 1 ical assistance available under the State plan 2 (or waiver) through the last day of the month 3 in which the 60-day period (beginning on the 4 last day of her pregnancy) ends, remain eligible 5 under the State plan (or waiver) for medical as- 6 sistance for the period beginning on the first 7 day occurring after the end of such 60-day pe- 8 riod and ending on the last day of the month 9 in which the 12-month period (beginning on the 10 last day of her pregnancy) ends. 11 ‘‘(B) FULL BENEFITS DURING PREGNANCY 12 AND THROUGHOUT THE 12-MONTH 13 POSTPARTUM PERIOD.—The medical assistance 14 provided for a pregnant or postpartum indi- 15 vidual by a State making an election under this 16 paragraph, without regard to the basis on which 17 the individual is eligible for medical assistance 18 under the State plan (or waiver), shall— 19 ‘‘(i) include all items and services cov- 20 ered under the State plan (or waiver) that 21 are not less in amount, duration, or scope, 22 or are determined by the Secretary to be 23 substantially equivalent, to the medical as- 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00174 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 175 •HR 1319 RH sistance available for an individual de- 1 scribed in subsection (a)(10)(A)(i); and 2 ‘‘(ii) be provided for the individual 3 while pregnant and during the 12-month 4 period that begins on the last day of the 5 individual’s pregnancy and ends on the last 6 day of the month in which such 12-month 7 period ends.’’. 8 (b) EFFECTIVE DATE.—The amendment made by 9 subsection (a) shall apply with respect to State elections 10 made under paragraph (16) of section 1902(e) of the So- 11 cial Security Act (42 U.S.C. 1396a(e)), as added by sub- 12 section (a), during the 5-year period beginning on the 1st 13 day of the 1st fiscal year quarter that begins at least one 14 year after the date of the enactment of this Act. 15 SEC. 3103. ALLOWING FOR MEDICAL ASSISTANCE UNDER 16 MEDICAID FOR INMATES DURING 30-DAY PE- 17 RIOD PRECEDING RELEASE. 18 The subdivision (A) following paragraph (30) of sec- 19 tion 1905(a) of the Social Security Act (42 U.S.C. 20 1396d(a)) is amended by inserting ‘‘and, during the 5- 21 year period beginning on the first day of the first fiscal 22 year quarter that begins at least one year after the date 23 of the enactment of the American Rescue Plan Act of 24 2021, except during the 30-day period preceding the date 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00175 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 176 •HR 1319 RH of release of such individual from such public institution’’ 1 after ‘‘medical institution’’. 2 SEC. 3104. ENHANCED FEDERAL MEDICAID SUPPORT FOR 3 COMMUNITY-BASED MOBILE CRISIS INTER- 4 VENTION SERVICES. 5 Section 1903 of the Social Security Act (42 U.S.C. 6 1396b) is amended by adding at the end the following new 7 subsection: 8 ‘‘(bb) BUNDLED COMMUNITY-BASED MOBILE CRISIS 9 INTERVENTION SERVICES.— 10 ‘‘(1) IN GENERAL.—Notwithstanding section 11 1902(a)(1) (relating to Statewideness), section 12 1902(a)(10)(B) (relating to comparability), section 13 1902(a)(23)(A) (relating to freedom of choice of 14 providers), or section 1902(a)(27) (relating to pro- 15 vider agreements), a State may, during the 5-year 16 period beginning on the first day of the first fiscal 17 year quarter that begins on or after the date that 18 is 1 year after the date of the enactment of this sub- 19 section, provide medical assistance, through bundled 20 payments, for qualifying community-based mobile 21 crisis intervention services under a State plan 22 amendment or waiver approved under section 1115 23 or subsection (b) or (c) of section 1915. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00176 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 177 •HR 1319 RH ‘‘(2) QUALIFYING COMMUNITY-BASED MOBILE 1 CRISIS INTERVENTION SERVICES DEFINED.—For 2 purposes of this subsection, the term ‘qualifying 3 community-based mobile crisis intervention services’ 4 means, with respect to a State, items and services 5 for which medical assistance is available under the 6 State plan under this title or a waiver of such plan, 7 that are— 8 ‘‘(A) furnished to an individual otherwise 9 eligible for medical assistance under the State 10 plan (or waiver of such plan) who is— 11 ‘‘(i) outside of a hospital or other fa- 12 cility setting; and 13 ‘‘(ii) experiencing a mental health or 14 substance use disorder crisis; 15 ‘‘(B) furnished by a multidisciplinary mo- 16 bile crisis team— 17 ‘‘(i) that includes at least 1 behavioral 18 health care professional who is capable of 19 conducting an assessment of the individual, 20 in accordance with the professional’s per- 21 mitted scope of practice under State law, 22 and other professionals or paraprofes- 23 sionals with appropriate expertise in behav- 24 ioral health or mental health crisis re- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00177 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 178 •HR 1319 RH sponse, including nurses, social workers, 1 peer support specialists, and others, as 2 designated by the State through a State 3 plan amendment (or waiver of such plan); 4 ‘‘(ii) whose members are trained in 5 trauma-informed care, de-escalation strate- 6 gies, and harm reduction; 7 ‘‘(iii) that is able to respond in a 8 timely manner and, where appropriate, 9 provide— 10 ‘‘(I) screening and assessment; 11 ‘‘(II) stabilization and de-esca- 12 lation; 13 ‘‘(III) coordination with, and re- 14 ferrals to, health, social, and other 15 services and supports as needed; and 16 ‘‘(IV) assistance in facilitating 17 the individual’s access to emergency 18 or nonemergency (as applicable) 19 transportation services under the 20 State plan (or waiver of such plan) to 21 ensure access to the next step in care 22 or treatment; 23 ‘‘(iv) that maintains relationships with 24 relevant community partners, including 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00178 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 179 •HR 1319 RH medical and behavioral health providers, 1 primary care providers, community health 2 centers, crisis respite centers, managed 3 care organizations (if applicable), entities 4 able to provide assistance with application 5 and enrollment in the State plan or a waiv- 6 er of the plan, entities able to provide as- 7 sistance with applying for and enrolling in 8 benefit programs, entities that provide as- 9 sistance with housing (such as public hous- 10 ing authorities, Continuum of Care pro- 11 grams, or not-for-profit entities that pro- 12 vide housing assistance), and entities that 13 provide assistance with other social serv- 14 ices; 15 ‘‘(v) that coordinates with crisis inter- 16 vention hotlines and emergency response 17 systems; 18 ‘‘(vi) that maintains the privacy and 19 confidentiality of patient information con- 20 sistent with Federal and State require- 21 ments; and 22 ‘‘(vii) that operates independently 23 from (but may coordinate with) State or 24 local law enforcement agencies; 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00179 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 180 •HR 1319 RH ‘‘(C) available 24 hours per day, every day 1 of the year; and 2 ‘‘(D) voluntary to receive. 3 ‘‘(3) PAYMENTS.— 4 ‘‘(A) IN GENERAL.—Notwithstanding sec- 5 tion 1905(b) or 1905(ff) and subject to sub- 6 sections (y) and (z) of section 1905, during 7 each of the first 12 fiscal quarters occurring 8 during the period described in paragraph (1) 9 that a State meets the requirements described 10 in paragraph (4), the Federal medical assist- 11 ance percentage applicable to amounts ex- 12 pended by the State for medical assistance, 13 through bundled payments described in para- 14 graph (1), for qualifying community-based mo- 15 bile crisis intervention services furnished during 16 such quarter shall be equal to 85 percent. In no 17 case shall the application of the previous sen- 18 tence result in the Federal medical assistance 19 percentage applicable to amounts expended by a 20 State for medical assistance for such qualifying 21 community-based mobile crisis intervention 22 services furnished during a quarter being less 23 than the Federal medical assistance percentage 24 that would apply to such amounts expended by 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00180 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 181 •HR 1319 RH the State for such services furnished during 1 such quarter without application of the previous 2 sentence. 3 ‘‘(B) EXCLUSION OF EXPENDITURES FROM 4 TERRITORIAL CAPS.—Expenditures for medical 5 assistance consisting of qualifying community- 6 based mobile crisis intervention services fur- 7 nished in a territory during a quarter with re- 8 spect to which subparagraph (A) applies to 9 such territory shall not be taken into account 10 for purposes of applying payment limits under 11 subsections (f) and (g) of section 1108. 12 ‘‘(4) REQUIREMENTS.—The requirements de- 13 scribed in this paragraph are the following: 14 ‘‘(A) The State demonstrates, to the satis- 15 faction of the Secretary— 16 ‘‘(i) that it will be able to support the 17 provision of qualifying community-based 18 mobile crisis intervention services that 19 meet the conditions specified in paragraph 20 (2); and 21 ‘‘(ii) how it will support coordination 22 between mobile crisis teams and commu- 23 nity partners, including health care pro- 24 viders, to enable the provision of services, 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00181 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 182 •HR 1319 RH needed referrals, and other activities iden- 1 tified by the Secretary. 2 ‘‘(B) The State provides assurances satis- 3 factory to the Secretary that— 4 ‘‘(i) any additional Federal funds re- 5 ceived by the State for qualifying commu- 6 nity-based mobile crisis intervention serv- 7 ices provided under this subsection that 8 are attributable to the increased Federal 9 medical assistance percentage under para- 10 graph (3)(A) will be used to supplement, 11 and not supplant, the level of State funds 12 expended for such services for the fiscal 13 year preceding the first fiscal quarter oc- 14 curring during the period described in 15 paragraph (1); 16 ‘‘(ii) if the State made qualifying com- 17 munity-based mobile crisis intervention 18 services available in a region of the State 19 in such fiscal year, the State will continue 20 to make such services available in such re- 21 gion under this subsection during each 22 month occurring during the period de- 23 scribed in paragraph (1) for which the 24 Federal medical assistance percentage 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00182 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 183 •HR 1319 RH under paragraph (3)(A) is applicable with 1 respect to the State. 2 ‘‘(5) FUNDING FOR STATE PLANNING 3 GRANTS.—There is appropriated, out of any funds in 4 the Treasury not otherwise appropriated, 5 $15,000,000 to the Secretary for purposes of imple- 6 menting, administering, and making planning grants 7 to States as soon as practicable for purposes of de- 8 veloping a State plan amendment or section 1115, 9 1915(b), or 1915(c) waiver request (or an amend- 10 ment to such a waiver) to provide qualifying commu- 11 nity-based mobile crisis intervention services under 12 this subsection, to remain available until expended.’’. 13 SEC. 3105. TEMPORARY INCREASE IN FMAP FOR MEDICAL 14 ASSISTANCE UNDER STATE MEDICAID PLANS 15 WHICH BEGIN TO EXPEND AMOUNTS FOR 16 CERTAIN MANDATORY INDIVIDUALS. 17 Section 1905 of the Social Security Act (42 U.S.C. 18 1396d), as amended by section 3101 of this subtitle, is 19 further amended— 20 (1) in subsection (b), in the first sentence, by 21 striking ‘‘and (hh)’’ and inserting ‘‘(hh), and (ii)’’; 22 (2) in subsection (ff), by striking ‘‘subject to 23 subsection (hh)’’ and inserting ‘‘subject to sub- 24 sections (hh) and (ii)’’; and 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00183 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 184 •HR 1319 RH (3) by adding at the end the following new sub- 1 section: 2 ‘‘(ii) TEMPORARY INCREASE IN FMAP FOR MEDICAL 3 ASSISTANCE UNDER STATE MEDICAID PLANS WHICH 4 BEGIN TO EXPEND AMOUNTS FOR CERTAIN MANDATORY 5 INDIVIDUALS.— 6 ‘‘(1) IN GENERAL.—For each quarter occurring 7 during the 8-quarter period beginning with the first 8 calendar quarter during which a qualifying State (as 9 defined in paragraph (3)) expends amounts for all 10 individuals described in section 11 1902(a)(10)(A)(i)(VIII) under the State plan (or 12 waiver of such plan), the Federal medical assistance 13 percentage determined under subsection (b) for such 14 State shall, after application of any increase, if ap- 15 plicable, under section 6008 of the Families First 16 Coronavirus Response Act, be increased by 5 per- 17 centage points, except for any quarter (and each 18 subsequent quarter) during such period during 19 which the State ceases to provide medical assistance 20 to any such individual under the State plan (or 21 waiver of such plan). 22 ‘‘(2) SPECIAL APPLICATION RULES.—Any in- 23 crease described in paragraph (1) (or payment made 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00184 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 185 •HR 1319 RH for expenditures on medical assistance that are sub- 1 ject to such increase)— 2 ‘‘(A) shall not apply with respect to dis- 3 proportionate share hospital payments described 4 in section 1923; 5 ‘‘(B) shall not be taken into account in cal- 6 culating the enhanced FMAP of a State under 7 section 2105; 8 ‘‘(C) shall not be taken into account for 9 purposes of part A, D, or E of title IV; and 10 ‘‘(D) shall not be taken into account for 11 purposes of applying payment limits under sub- 12 sections (f) and (g) of section 1108. 13 ‘‘(3) DEFINITION.—For purposes of this sub- 14 section, the term ‘qualifying State’ means a State 15 which has not expended amounts for all individuals 16 described in section 1902(a)(10)(A)(i)(VIII) before 17 the date of the enactment of this subsection.’’. 18 SEC. 3106. EXTENSION OF 100 PERCENT FEDERAL MEDICAL 19 ASSISTANCE PERCENTAGE TO URBAN INDIAN 20 HEALTH ORGANIZATIONS AND NATIVE HA- 21 WAIIAN HEALTH CARE SYSTEMS. 22 Section 1905(b) of the Social Security Act (42 U.S.C. 23 1396d(b)) is amended by inserting after ‘‘(as defined in 24 section 4 of the Indian Health Care Improvement Act)’’ 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00185 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 186 •HR 1319 RH the following: ‘‘; for the 8 fiscal year quarters beginning 1 with the first fiscal year quarter beginning after the date 2 of the enactment of the American Rescue Plan Act of 3 2021, the Federal medical assistance percentage shall also 4 be 100 per centum with respect to amounts expended as 5 medical assistance for services which are received through 6 an Urban Indian organization (as defined in paragraph 7 (29) of section 4 of the Indian Health Care Improvement 8 Act) that has a grant or contract with the Indian Health 9 Service under title V of such Act; and, for such 8 fiscal 10 year quarters, the Federal medical assistance percentage 11 shall also be 100 per centum with respect to amounts ex- 12 pended as medical assistance for services which are re- 13 ceived through a Native Hawaiian Health Center (as de- 14 fined in section 12(4) of the Native Hawaiian Health Care 15 Improvement Act) or a qualified entity (as defined in sec- 16 tion 6(b) of such Act) that has a grant or contract with 17 the Papa Ola Lokahi under section 8 of such Act’’. 18 SEC. 3107. SUNSET OF LIMIT ON MAXIMUM REBATE 19 AMOUNT FOR SINGLE SOURCE DRUGS AND 20 INNOVATOR MULTIPLE SOURCE DRUGS. 21 Section 1927(c)(2)(D) of the Social Security Act (42 22 U.S.C. 1396r–8(c)(2)(D)) is amended by inserting after 23 ‘‘December 31, 2009,’’ the following: ‘‘and before January 24 1, 2023,’’. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00186 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 187 •HR 1319 RH SEC. 3108. ADDITIONAL SUPPORT FOR MEDICAID HOME 1 AND COMMUNITY-BASED SERVICES DURING 2 THE COVID–19 EMERGENCY PERIOD. 3 (a) INCREASED FMAP.— 4 (1) IN GENERAL.—Notwithstanding section 5 1905(b) of the Social Security Act (42 U.S.C. 6 1396d(b)) or section 1905(ff), in the case of a State 7 that meets the HCBS program conditions under 8 subsection (b), the Federal medical assistance per- 9 centage determined for the State under section 10 1905(b) of such Act (or, if applicable, under section 11 1905(ff)) and, if applicable, increased under sub- 12 section (y), (z), (aa), or (ii) of section 1905 of such 13 Act (42 U.S.C. 1396d), section 1915(k) of such Act 14 (42 U.S.C. 1396n(k)), or section 6008(a) of the 15 Families First Coronavirus Response Act (Public 16 Law 116–127), shall be increased by 7.35 percent- 17 age points with respect to expenditures of the State 18 under the State Medicaid program for home and 19 community-based services (as defined in paragraph 20 (2)(B)) that are provided during the HCBS program 21 improvement period (as defined in paragraph 22 (2)(A)). In no case may the application of the pre- 23 vious sentence result in the Federal medical assist- 24 ance percentage determined for a State being more 25 than 95 percent with respect to such expenditures. 26 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00187 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 188 •HR 1319 RH Any payment made to Puerto Rico, the Virgin Is- 1 lands, Guam, the Northern Mariana Islands, or 2 American Samoa for expenditures on medical assist- 3 ance that are subject to the Federal medical assist- 4 ance percentage increase specified under the first 5 sentence of this paragraph shall not be taken into 6 account for purposes of applying payment limits 7 under subsections (f) and (g) of section 1108 of the 8 Social Security Act (42 U.S.C. 1308). 9 (2) DEFINITIONS.—In this section: 10 (A) HCBS PROGRAM IMPROVEMENT PE- 11 RIOD.—The term ‘‘HCBS program improve- 12 ment period’’ means, with respect to a State, 13 the period— 14 (i) beginning on April 1, 2021; and 15 (ii) ending on March 31, 2022. 16 (B) HOME AND COMMUNITY-BASED SERV- 17 ICES.—The term ‘‘home and community-based 18 services’’ means any of the following: 19 (i) Home health care services author- 20 ized under paragraph (7) of section 21 1905(a) of the Social Security Act (42 22 U.S.C. 1396d(a)). 23 (ii) Personal care services authorized 24 under paragraph (24) of such section. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00188 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 189 •HR 1319 RH (iii) PACE services authorized under 1 paragraph (26) of such section. 2 (iv) Home and community-based serv- 3 ices authorized under subsections (b), (c), 4 (i), (j), and (k) of section 1915 of such Act 5 (42 U.S.C. 1396n), such services author- 6 ized under a waiver under section 1115 of 7 such Act (42 U.S.C. 1315), and such serv- 8 ices through coverage authorized under 9 section 1937 of such Act (42 U.S.C. 10 1396u–7). 11 (v) Case management services author- 12 ized under section 1905(a)(19) of the So- 13 cial Security Act (42 U.S.C. 1396d(a)(19)) 14 and section 1915(g) of such Act (42 15 U.S.C. 1396n(g)). 16 (vi) Rehabilitative services, including 17 those related to behavioral health, de- 18 scribed in section 1905(a)(13) of such Act 19 (42 U.S.C. 1396d(a)(13)). 20 (vii) Such other services specified by 21 the Secretary of Health and Human Serv- 22 ices. 23 (C) COVID–19 PUBLIC HEALTH EMER- 24 GENCY PERIOD.—The term ‘‘COVID–19 public 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00189 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 190 •HR 1319 RH health emergency period’’ means the portion of 1 the emergency period described in paragraph 2 (1)(B) of section 1135(g) of the Social Security 3 Act (42 U.S.C. 1320b–5(g)) beginning on or 4 after the date of the enactment of this Act. 5 (D) ELIGIBLE INDIVIDUAL.—The term ‘‘el- 6 igible individual’’ means an individual who is el- 7 igible for and enrolled for medical assistance 8 under a State Medicaid program and includes 9 an individual who becomes eligible for medical 10 assistance under a State Medicaid program 11 when removed from a waiting list. 12 (E) MEDICAID PROGRAM.—The term 13 ‘‘Medicaid program’’ means, with respect to a 14 State, the State program under title XIX of the 15 Social Security Act (42 U.S.C. 1396 et seq.) 16 (including any waiver or demonstration under 17 such title or under section 1115 of such Act (42 18 U.S.C. 1315) relating to such title). 19 (F) STATE.—The term ‘‘State’’ has the 20 meaning given such term for purposes of title 21 XIX of the Social Security Act (42 U.S.C. 1396 22 et seq.). 23 (b) STATE REQUIREMENTS FOR FMAP INCREASE.— 24 As conditions for receipt of the increase under subsection 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00190 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 191 •HR 1319 RH (a) to the Federal medical assistance percentage deter- 1 mined for a State, the State shall meet each of the fol- 2 lowing conditions (referred to in subsection (a) as the 3 HCBS program conditions): 4 (1) SUPPLEMENT, NOT SUPPLANT.—The State 5 shall use the Federal funds attributable to the in- 6 crease under subsection (a) to supplement, and not 7 supplant, the level of State funds expended for home 8 and community-based services for eligible individuals 9 through programs in effect as of April 1, 2021. 10 (2) REQUIRED IMPLEMENTATION OF CERTAIN 11 ACTIVITIES.—The State shall implement one or 12 more of the following activities to enhance, expand, 13 or strengthen home and community-based services 14 under the State Medicaid program: 15 (A) Increase rates for home health agen- 16 cies, PACE organizations whose members pro- 17 vide direct care, and agencies or beneficiaries 18 that employ direct support professionals (in- 19 cluding independent providers in a self-directed 20 or consumer-directed model) to provide home 21 and community-based services under the State 22 Medicaid program, if elected by the beneficiary 23 for continuation of care, provided that any 24 agency, beneficiary, or other individual that re- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00191 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 192 •HR 1319 RH ceives payment under such an increased rate in- 1 creases the compensation it pays its home 2 health workers or direct support professionals. 3 (B) Provide paid sick leave, paid family 4 leave, and paid medical leave for home health 5 workers and direct support professionals. 6 (C) Provide hazard pay, overtime pay, and 7 shift differential pay for home health workers 8 and direct support professionals. 9 (D) Provide home and community-based 10 services to eligible individuals in order to reduce 11 waiting lists for programs approved under sec- 12 tions 1115 or 1915 of the Social Security Act 13 (42 U.S.C. 1315, 1396n). 14 (E) Purchase emergency supplies and 15 equipment, which may include items not typi- 16 cally covered under the Medicaid program nec- 17 essary to enhance access to services and to pro- 18 tect the health and well-being of home health 19 workers and direct support professionals. 20 (F) Recruit new home health workers and 21 direct support professionals. 22 (G) Support family care providers of eligi- 23 ble individuals with needed supplies and equip- 24 ment, which may include items not typically 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00192 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 193 •HR 1319 RH covered under the Medicaid program, such as 1 personal protective equipment, and pay. 2 (H) Pay for training for home health 3 workers and direct support professionals that is 4 specific to the COVID–19 public health emer- 5 gency. 6 (I) Pay for assistive technologies, staffing, 7 and other costs incurred during the COVID–19 8 public health emergency period in order to miti- 9 gate isolation and ensure an individual’s per- 10 son-centered service plan continues to be fully 11 implemented. 12 (J) Prepare information and public health 13 and educational materials in accessible formats 14 (including formats accessible to people with low 15 literacy or intellectual disabilities) about preven- 16 tion, treatment, recovery and other aspects of 17 COVID–19 for eligible individuals, their fami- 18 lies, and the general community served by com- 19 munity partners, such as Area Agencies on 20 Aging, Centers for Independent Living, non- 21 profit home and community-based services pro- 22 viders, and other entities providing home and 23 community-based services. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00193 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 194 •HR 1319 RH (K) Pay for American sign language and 1 other languages interpreters to assist in pro- 2 viding home and community-based services to 3 eligible individuals and to inform the general 4 public about COVID–19. 5 (L) Pay for retainer payments for home 6 and community-based services providers, includ- 7 ing home health workers and direct support 8 professionals (regardless of whether such pay- 9 ments directly benefit a beneficiary) which may 10 be provided without limits on duration during 11 the COVID–19 public health emergency period. 12 (M) Pay for other expenses deemed appro- 13 priate by the Secretary to enhance, expand, or 14 strengthen Home and Community-Based Serv- 15 ices and expenses which meet the criteria of the 16 home and community-based settings rule pub- 17 lished on January 16, 2014. 18 (N) Support (including by paying for mov- 19 ing costs, security deposits or first month’s 20 rent, one-time stocking of food products suffi- 21 cient for the initial month, and other one-time 22 expenses and start-up costs) transitions from 23 institutional settings, congregate community 24 settings, and homeless shelters or other tem- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00194 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 195 •HR 1319 RH porary housing for individuals who are eligible 1 for home and community-based services. 2 (O) Assist eligible individuals in receiving 3 mental health services and necessary rehabilita- 4 tive service to regain skills lost during the 5 COVID–19 public health emergency period. 6 (P) Assist eligible individuals who had to 7 relocate to a nursing facility or institutional set- 8 ting from their homes during the COVID–19 9 public health emergency period, who were iso- 10 lated in their homes during such period, or who 11 moved into congregate non-institutional settings 12 as a result of such period, in— 13 (i) moving back to their homes (in- 14 cluding by paying for moving costs, secu- 15 rity deposits or first month’s rent, one- 16 time stocking of food products sufficient 17 for the initial month, and other one-time 18 expenses and start-up costs); and 19 (ii) continuing home and community- 20 based services for eligible individuals who 21 were served from a waiting list for such 22 services during the public health emer- 23 gency period. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00195 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 196 •HR 1319 RH SEC. 3109. FUNDING FOR STATE STRIKE TEAMS FOR RESI- 1 DENT AND EMPLOYEE SAFETY IN NURSING 2 FACILITIES. 3 Section 1919 of the Social Security Act (42 U.S.C. 4 1396r) is amended by adding at the end the following new 5 subsection: 6 ‘‘(k) FUNDING FOR STATE STRIKE TEAMS.—In addi- 7 tion to amounts otherwise available, there is appropriated 8 to the Secretary, out of any monies in the Treasury not 9 otherwise appropriated, $250,000,000, to remain available 10 until expended, for purposes of allocating such amount 11 among the States (including the District of Columbia and 12 each territory of the United States) to increase the capac- 13 ity of such a State to respond to COVID–19 by allowing 14 such a State to establish and implement a strike team that 15 will be deployed to a nursing facility in the State with di- 16 agnosed or suspected cases of COVID–19 among residents 17 or staff for the purposes of assisting with clinical care, 18 infection control, or staffing during the emergency period 19 described in section 1135(g)(1)(B).’’. 20 Subtitle C—Children’s Health 21 Insurance Program 22 SEC. 3201. MANDATORY COVERAGE OF COVID–19 VACCINES 23 AND ADMINISTRATION AND TREATMENT 24 UNDER CHIP. 25 (a) COVERAGE.— 26 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00196 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 197 •HR 1319 RH (1) IN GENERAL.—Section 2103(c) of the So- 1 cial Security Act (42 U.S.C. 1397cc(c)) is amended 2 by adding at the end the following paragraph: 3 ‘‘(11) REQUIRED COVERAGE OF COVID–19 VAC- 4 CINES AND TREATMENT.—Regardless of the type of 5 coverage elected by a State under subsection (a), the 6 child health assistance provided for a targeted low- 7 income child, and, in the case of a State that elects 8 to provide pregnancy-related assistance pursuant to 9 section 2112, the pregnancy-related assistance pro- 10 vided for a targeted low-income pregnant woman (as 11 such terms are defined for purposes of such section), 12 shall include coverage, during the period beginning 13 on the date of the enactment of this paragraph and 14 ending on the last day of the first calendar quarter 15 that begins at least one year after the last day of 16 the emergency period described in section 17 1135(g)(1)(B), of— 18 ‘‘(A) a COVID–19 vaccine (and the admin- 19 istration of the vaccine); and 20 ‘‘(B) testing and treatments for COVID- 21 19, including specialized equipment and thera- 22 pies (including preventive therapies), and, in 23 the case of an individual who is diagnosed with 24 or presumed to have COVID–19, during the pe- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00197 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 198 •HR 1319 RH riod during which such individual has (or is 1 presumed to have) COVID–19, the treatment of 2 a condition that may seriously complicate the 3 treatment of COVID–19, if otherwise covered 4 under the State child health plan (or waiver of 5 such plan).’’. 6 (2) PROHIBITION OF COST SHARING.—Section 7 2103(e)(2) of the Social Security Act (42 U.S.C. 8 1397cc(e)(2)), as amended by section 6004(b)(3) of 9 the Families First Coronavirus Response Act, is 10 amended— 11 (A) in the paragraph header, by inserting 12 ‘‘A COVID–19 VACCINE, COVID–19 TREATMENT,’’ 13 before ‘‘OR PREGNANCY-RELATED ASSISTANCE’’; 14 and 15 (B) by striking ‘‘visits described in section 16 1916(a)(2)(G), or’’ and inserting ‘‘services de- 17 scribed in section 1916(a)(2)(G), vaccines de- 18 scribed in section 1916(a)(2)(H) administered 19 during the period described in such section (and 20 the administration of such vaccines), testing or 21 treatments described in section 1916(a)(2)(I) 22 furnished during the period described in such 23 section, or’’. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00198 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 199 •HR 1319 RH (b) TEMPORARY INCREASE IN FEDERAL PAYMENTS 1 FOR COVERAGE AND ADMINISTRATION OF COVID–19 2 VACCINES.—Section 2105(c) of the Social Security Act 3 (42 U.S.C. 1397ee(c)) is amended by adding at the end 4 the following new paragraph: 5 ‘‘(12) TEMPORARY ENHANCED PAYMENT FOR 6 COVERAGE AND ADMINISTRATION OF COVID–19 VAC- 7 CINES.—During the period described in section 8 1905(hh)(2), notwithstanding subsection (b), the en- 9 hanced FMAP for a State, with respect to payments 10 under subsection (a) for expenditures under the 11 State child health plan (or a waiver of such plan) for 12 a vaccine described in section 1905(a)(4)(E) (and 13 the administration of such a vaccine), shall be equal 14 to 100 percent.’’. 15 (c) ADJUSTMENT OF CHIP ALLOTMENTS.—Section 16 2104(m) of the Social Security Act (42 U.S.C. 17 1397dd(m)) is amended— 18 (1) in paragraph (2)(B), in the matter pre- 19 ceding clause (i), by striking ‘‘paragraphs (5) and 20 (7)’’ and inserting ‘‘paragraphs (5), (7), and (12)’’; 21 and 22 (2) by adding at the end the following new 23 paragraph: 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00199 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 200 •HR 1319 RH ‘‘(12) ADJUSTING ALLOTMENTS TO ACCOUNT 1 FOR INCREASED FEDERAL PAYMENTS FOR COV- 2 ERAGE AND ADMINISTRATION OF COVID–19 VAC- 3 CINES.—If a State, commonwealth, or territory re- 4 ceives payment for a fiscal year (beginning with fis- 5 cal year 2021) under subsection (a) of section 2105 6 for expenditures that are subject to the enhanced 7 FMAP specified under subsection (c)(12) of such 8 section, the amount of the allotment determined for 9 the State, commonwealth, or territory under this 10 subsection— 11 ‘‘(A) for such fiscal year shall be increased 12 by the projected expenditures for such year by 13 the State, commonwealth, or territory under the 14 State child health plan (or a waiver of such 15 plan) for vaccines described in section 16 1905(a)(4)(E) (and the administration of such 17 vaccines); and 18 ‘‘(B) once actual expenditures are available 19 in the subsequent fiscal year, the fiscal year al- 20 lotment that was adjusted by the amount de- 21 scribed in subparagraph (A) shall be adjusted 22 on the basis of the difference between— 23 ‘‘(i) such projected amount of expend- 24 itures described in subparagraph (A) for 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00200 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 201 •HR 1319 RH such fiscal year described in such subpara- 1 graph by the State, commonwealth, or ter- 2 ritory; and 3 ‘‘(ii) the actual amount of expendi- 4 tures for such fiscal year described in sub- 5 paragraph (A) by the State, common- 6 wealth, or territory under the State child 7 health plan (or waiver of such plan) for 8 vaccines described in section 1905(a)(4)(E) 9 (and the administration of such vac- 10 cines).’’. 11 SEC. 3202. MODIFICATIONS TO CERTAIN COVERAGE UNDER 12 CHIP FOR PREGNANT AND POSTPARTUM 13 WOMEN. 14 (a) MODIFICATIONS TO COVERAGE.— 15 (1) IN GENERAL.—Section 2107(e)(1) of the 16 Social Security Act (42 U.S.C. 1397gg(e)(1)) is 17 amended— 18 (A) by redesignating subparagraphs (J) 19 through (S) as subparagraphs (K) through (T), 20 respectively; and 21 (B) by inserting after subparagraph (I) the 22 following new subparagraph: 23 ‘‘(J) Paragraphs (5) and (16) of section 24 1902(e) (relating to the State option to provide 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00201 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 202 •HR 1319 RH medical assistance consisting of full benefits 1 during pregnancy and throughout the 12-month 2 postpartum period under title XIX, but only if 3 the State has elected to apply such paragraph 4 (16) with respect to pregnant women under 5 title XIX and provides child health assistance 6 for targeted low-income children who are preg- 7 nant or has elected under section 2112(a) to 8 provide pregnancy-related assistance for tar- 9 geted low-income pregnant women and, in the 10 case of such a State, the provision of assistance 11 under the State child health plan for such tar- 12 geted low-income children or targeted low-in- 13 come pregnant women (as applicable) during 14 pregnancy and the 12-month postpartum period 15 shall be required and not at the option of the 16 State, and subparagraph (B) of section 17 1902(e)(16) shall be applied to the State child 18 health plan or waiver as requiring coverage of 19 all items or services provided to a targeted low 20 income children or targeted low-income preg- 21 nant woman (as applicable) under such plan or 22 waiver).’’. 23 (2) OPTIONAL COVERAGE OF TARGETED LOW- 24 INCOME PREGNANT WOMEN.—Section 2112(d)(2)(A) 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00202 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 203 •HR 1319 RH of the Social Security Act (42 U.S.C. 1 1397ll(d)(2)(A)) is amended by inserting after ‘‘60- 2 day period’’ the following: ‘‘, or, in the case that 3 subparagraph (A) of section 1902(e)(16) applies to 4 the State child health plan (or waiver of such plan), 5 pursuant to section 2107(e)(1), the 12-month pe- 6 riod,’’. 7 (b) EFFECTIVE DATE.—The amendments made by 8 subsection (a), shall apply with respect to State elections 9 made under paragraph (16) of section 1902(e) of the So- 10 cial Security Act (42 U.S.C. 1396a(e)), as added by sec- 11 tion 3102(a) of subtitle B of this title, during the 5-year 12 period beginning on the 1st day of the 1st fiscal year quar- 13 ter that begins at least one year after the date of the en- 14 actment of this Act. 15 Subtitle D—Other Provisions 16 CHAPTER 1—ENSURING ENVIRONMENTAL 17 HEALTH AND RATEPAYER PROTEC- 18 TION DURING THE PANDEMIC 19 SEC. 3301. FUNDING FOR POLLUTION AND DISPARATE IM- 20 PACTS OF THE COVID–19 PANDEMIC. 21 (a) IN GENERAL.—In addition to amounts otherwise 22 available, there is appropriated to the Environmental Pro- 23 tection Agency for fiscal year 2021, out of any money in 24 the Treasury not otherwise appropriated, $100,000,000, 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00203 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 204 •HR 1319 RH to remain available until expended, to address health out- 1 come disparities from pollution and the COVID–19 pan- 2 demic, of which— 3 (1) $50,000,000, shall be for grants, contracts, 4 and other agency activities that implement the envi- 5 ronmental justice purposes and objectives described 6 in Executive Order 12898 titled ‘‘Federal Actions 7 To Address Environmental Justice in Minority Pop- 8 ulations and Low-Income Populations’’ (59 Fed. 9 Reg. 7629), as amended; section 219 of Executive 10 Order 14008 titled ‘‘Tackling the Climate Crisis at 11 Home and Abroad’’ (86 Fed. Reg. 7619); and the 12 Environmental Protection Agency’s Environmental 13 Justice 2020 Action Agenda, published May 22, 14 2016; and 15 (2) $50,000,000 shall be for grants and activi- 16 ties authorized under subsections (a) through (c) of 17 section 103 of the Clean Air Act (42 U.S.C. 7403) 18 and grants and activities authorized under section 19 105 of such Act (42 U.S.C. 7405). 20 (b) ADMINISTRATION OF FUNDS.— 21 (1) Of the funds made available pursuant to 22 subsection (a)(1), the Administrator shall reserve 2 23 percent for administrative costs necessary to carry 24 out activities funded pursuant to such subsection. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00204 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 205 •HR 1319 RH (2) Of the funds made available pursuant to 1 subsection (a)(2), the Administrator shall reserve 5 2 percent for activities funded pursuant to such sub- 3 section other than grants. 4 SEC. 3302. FUNDING FOR LIHEAP. 5 In addition to amounts otherwise available, there is 6 appropriated for fiscal year 2021, out of any amounts in 7 the Treasury not otherwise appropriated, $4,500,000,000, 8 to remain available through September 30, 2022, for addi- 9 tional funding to provide payments under section 2602(b) 10 of the Low-Income Home Energy Assistance Act of 1981 11 (42 U.S.C. 8621(b)), except that— 12 (1) $2,250,000,000 of such amounts shall be 13 allocated as though the total appropriation for such 14 payments for fiscal year 2021 was less than 15 $1,975,000,000; 16 (2) section 2607(b)(2)(B) of such Act (42 17 U.S.C. 8626(b)(2)(B)) shall not apply to funds ap- 18 propriated under this section for fiscal year 2021; 19 and 20 (3) with respect to amounts appropriated under 21 this section for fiscal year 2021, notwithstanding 22 section 2604(d) of such Act (42 U.S.C. 8623(d)), 23 the Secretary shall reserve under such section 24 2604(d) amounts for Indian tribes that bear the 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00205 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 206 •HR 1319 RH same ratio, for each Indian tribe, that the amount 1 reserved for the Indian tribe, from funds appro- 2 priated for such payments for fiscal year 2021 be- 3 fore the date of enactment of this section, bore to 4 the amount allotted to the applicable State for such 5 payments from any such appropriated funds. 6 SEC. 3303. FUNDING FOR WATER ASSISTANCE PROGRAM. 7 (a) IN GENERAL.—In addition to amounts otherwise 8 available, there is appropriated to the Secretary of Health 9 and Human Services for fiscal year 2021, out of any 10 amounts in the Treasury not otherwise appropriated, 11 $500,000,000, to remain available until expended, for 12 grants to States and Indian Tribes to assist low-income 13 households, particularly those with the lowest incomes, 14 that pay a high proportion of household income for drink- 15 ing water and wastewater services, by providing funds to 16 owners or operators of public water systems or treatment 17 works to reduce arrearages of and rates charged to such 18 households for such services. 19 (b) ALLOTMENT.—The Secretary shall— 20 (1) allot amounts appropriated in this section to 21 a State or Indian Tribe based on— 22 (A) the percentage of households in the 23 State, or under the jurisdiction of the Indian 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00206 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 207 •HR 1319 RH Tribe, with income equal or less than 150 per- 1 cent of the Federal poverty line; and 2 (B) the percentage of households in the 3 State, or under the jurisdiction of the Indian 4 Tribe, that spend more than 30 percent of 5 monthly income on housing; and 6 (2) reserve up to 3 percent of the amount ap- 7 propriated in this section for Indian Tribes and trib- 8 al organizations. 9 CHAPTER 2—DISTANCE LEARNING AND 10 CONSUMER PROTECTION DURING THE 11 COVID–19 PANDEMIC 12 SEC. 3311. FUNDING FOR CONSUMER PRODUCT SAFETY 13 FUND TO PROTECT CONSUMERS FROM PO- 14 TENTIALLY DANGEROUS PRODUCTS RE- 15 LATED TO COVID–19. 16 (a) APPROPRIATION.—In addition to amounts other- 17 wise available, there is appropriated to the Consumer 18 Product Safety Commission for fiscal year 2021, out of 19 any money in the Treasury not otherwise appropriated, 20 $50,000,000, to remain available until September 30, 21 2026, for the purposes described in subsection (b). 22 (b) PURPOSES.—The funds made available in sub- 23 section (a) shall only be used for purposes of the Con- 24 sumer Product Safety Commission to— 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00207 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 208 •HR 1319 RH (1) carry out the requirements in title XX of di- 1 vision FF of the Consolidated Appropriations Act, 2 2021 (Public Law 116–260); 3 (2) enhance targeting, surveillance, and screen- 4 ing of consumer products, particularly COVID–19 5 products, entering the United States at ports of 6 entry, including ports of entry for de minimis ship- 7 ments; 8 (3) enhance monitoring of internet websites for 9 the offering for sale of new and used violative con- 10 sumer products, particularly COVID–19 products, 11 and coordination with retail and resale websites to 12 improve identification and elimination of listings of 13 such products; 14 (4) increase awareness and communication par- 15 ticularly of COVID–19 product related risks and 16 other consumer product safety information; and 17 (5) improve the Commission’s data collection 18 and analysis system especially with a focus on con- 19 sumer product safety risks resulting from the 20 COVID–19 pandemic to socially disadvantaged indi- 21 viduals and other vulnerable populations. 22 (c) DEFINITIONS.—In this section— 23 (1) the term ‘‘Commission’’ means the Con- 24 sumer Product Safety Commission; 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00208 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 209 •HR 1319 RH (2) the term ‘‘de minimis shipments’’ means ar- 1 ticles containing consumer products entering the 2 United States under the de minimis value exemption 3 in section 321(a)(2)(C) of the Tariff Act of 1930 4 (19 U.S.C. 1321(a)(2)(C)); 5 (3) the term ‘‘violative consumer products’’ 6 means consumer products in violation of an applica- 7 ble consumer product safety standard under the 8 Consumer Product Safety Act (15 U.S.C. 2051 et 9 seq.) or any similar rule, regulation, standard, or 10 ban under any other Act enforced by the Commis- 11 sion; 12 (4) the term ‘‘COVID–19 emergency period’’ 13 means the period during which a public health emer- 14 gency declared pursuant to section 319 of the Public 15 Health Service Act (42 U.S.C. 247d) with respect to 16 the 2019 novel coronavirus (COVID–19), including 17 under any renewal of such declaration, is in effect; 18 and 19 (5) the term ‘‘COVID–19 products’’ means 20 products whose risks have been significantly affected 21 by COVID–19 or whose sales have materially in- 22 creased during the COVID–19 emergency period as 23 a result of the COVID–19 pandemic. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00209 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 210 •HR 1319 RH SEC. 3312. FUNDING FOR E-RATE SUPPORT FOR EMER- 1 GENCY EDUCATIONAL CONNECTIONS AND 2 DEVICES. 3 (a) REGULATIONS REQUIRED.—Not later than 60 4 days after the date of the enactment of this Act, the Com- 5 mission shall promulgate regulations providing for the 6 provision, from amounts made available from the Emer- 7 gency Connectivity Fund, of support under paragraphs 8 (1)(B) and (2) of section 254(h) of the Communications 9 Act of 1934 (47 U.S.C. 254(h)) to an eligible school or 10 library, for the purchase during a COVID–19 emergency 11 period of eligible equipment or advanced telecommuni- 12 cations and information services (or both), for use by— 13 (1) in the case of a school, students and staff 14 of the school at locations that include locations other 15 than the school; and 16 (2) in the case of a library, patrons of the li- 17 brary at locations that include locations other than 18 the library. 19 (b) SUPPORT AMOUNT.—In providing support under 20 the covered regulations, the Commission shall reimburse 21 100 percent of the costs associated with the eligible equip- 22 ment, advanced telecommunications and information serv- 23 ices, or eligible equipment and advanced telecommuni- 24 cations and information services, except that any reim- 25 bursement of a school or library for the costs associated 26 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00210 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 211 •HR 1319 RH with any eligible equipment may not exceed an amount 1 that the Commission determines, with respect to the re- 2 quest by the school or library for the reimbursement, is 3 reasonable. 4 (c) EMERGENCY CONNECTIVITY FUND.— 5 (1) ESTABLISHMENT.—There is established in 6 the Treasury of the United States a fund to be 7 known as the ‘‘Emergency Connectivity Fund’’. 8 (2) APPROPRIATION.—In addition to amounts 9 otherwise available, there is appropriated to the 10 Emergency Connectivity Fund for fiscal year 2021, 11 out of any money in the Treasury not otherwise ap- 12 propriated— 13 (A) $7,599,000,000, to remain available 14 until September 30, 2030, for— 15 (i) the provision of support under the 16 covered regulations; and 17 (ii) the Commission to adopt, and the 18 Commission and the Universal Service Ad- 19 ministrative Company to administer, the 20 covered regulations; and 21 (B) $1,000,000, to remain available until 22 September 30, 2030, for the Inspector General 23 of the Commission to conduct oversight of sup- 24 port provided under the covered regulations. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00211 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 212 •HR 1319 RH (3) LIMITATION.—Not more than 2 percent of 1 the amount made available under paragraph (2)(A) 2 may be used for the purposes described in clause (ii) 3 of such paragraph. 4 (4) RELATIONSHIP TO UNIVERSAL SERVICE 5 CONTRIBUTIONS.—Support provided under the cov- 6 ered regulations shall be provided from amounts 7 made available from the Emergency Connectivity 8 Fund and not from contributions under section 9 254(d) of the Communications Act of 1934 (47 10 U.S.C. 254(d)). 11 (d) DEFINITIONS.—In this section: 12 (1) ADVANCED TELECOMMUNICATIONS AND IN- 13 FORMATION SERVICES.—The term ‘‘advanced tele- 14 communications and information services’’ means 15 advanced telecommunications and information serv- 16 ices, as such term is used in section 254(h) of the 17 Communications Act of 1934 (47 U.S.C. 254(h)). 18 (2) COMMISSION.—The term ‘‘Commission’’ 19 means the Federal Communications Commission. 20 (3) CONNECTED DEVICE.—The term ‘‘con- 21 nected device’’ means a laptop computer, tablet com- 22 puter, or similar end-user device that is capable of 23 connecting to advanced telecommunications and in- 24 formation services. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00212 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 213 •HR 1319 RH (4) COVERED REGULATIONS.—The term ‘‘cov- 1 ered regulations’’ means the regulations promul- 2 gated under subsection (a). 3 (5) COVID–19 EMERGENCY PERIOD.—The 4 term ‘‘COVID–19 emergency period’’ means a pe- 5 riod that— 6 (A) begins on the date of a determination 7 by the Secretary of Health and Human Services 8 pursuant to section 319 of the Public Health 9 Service Act (42 U.S.C. 247d) that a public 10 health emergency exists as a result of COVID– 11 19; and 12 (B) ends on the June 30 that first occurs 13 after the date that is 1 year after the date on 14 which such determination (including any re- 15 newal thereof) terminates. 16 (6) ELIGIBLE EQUIPMENT.—The term ‘‘eligible 17 equipment’’ means the following: 18 (A) Wi-Fi hotspots. 19 (B) Modems. 20 (C) Routers. 21 (D) Devices that combine a modem and 22 router. 23 (E) Connected devices. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00213 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 214 •HR 1319 RH (7) ELIGIBLE SCHOOL OR LIBRARY.—The term 1 ‘‘eligible school or library’’ means an elementary 2 school, secondary school, or library (including a 3 Tribal elementary school, Tribal secondary school, or 4 Tribal library) eligible for support under paragraphs 5 (1)(B) and (2) of section 254(h) of the Communica- 6 tions Act of 1934 (47 U.S.C. 254(h)), except as pro- 7 vided in paragraph (10). 8 (8) EMERGENCY CONNECTIVITY FUND.—The 9 term ‘‘Emergency Connectivity Fund’’ means the 10 fund established under subsection (c)(1). 11 (9) LIBRARY.—The term ‘‘library’’ includes a 12 library consortium. 13 (10) TRIBAL LIBRARY.—The term ‘‘Tribal li- 14 brary’’ means, only during a COVID–19 emergency 15 period, a facility owned by an Indian Tribe, serving 16 Indian Tribes, or serving American Indians, Alaskan 17 Natives, or Native Hawaiian communities, includ- 18 ing— 19 (A) a library or library consortium; or 20 (B) a government building, chapter house, 21 longhouse, community center, or other similar 22 public building; 23 and such facility need not comply with the portion 24 of paragraph (4) of section 254(h) of the Commu- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00214 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 215 •HR 1319 RH nications Act of 1934 (47 U.S.C. 254(h)) relating to 1 eligibility for assistance from a State library admin- 2 istrative agency. 3 (11) WI-FI.—The term ‘‘Wi-Fi’’ means a wire- 4 less networking protocol based on Institute of Elec- 5 trical and Electronics Engineers standard 802.11 6 (or any successor standard). 7 (12) WI-FI HOTSPOT.—The term ‘‘Wi-Fi 8 hotspot’’ means a device that is capable of— 9 (A) receiving advanced telecommunications 10 and information services; and 11 (B) sharing such services with a connected 12 device through the use of Wi-Fi. 13 CHAPTER 3—OVERSIGHT OF DEPART- 14 MENT OF COMMERCE PREVENTION 15 AND RESPONSE TO COVID–19 16 SEC. 3321. FUNDING FOR DEPARTMENT OF COMMERCE IN- 17 SPECTOR GENERAL. 18 In addition to amounts otherwise available, there is 19 appropriated to the Office of the Inspector General of the 20 Department of Commerce for fiscal year 2021, out of any 21 money in the Treasury not otherwise appropriated, 22 $3,000,000, to remain available until September 30, 2022, 23 for oversight of activities supported with funds appro- 24 priated to the Department of Commerce to prevent, pre- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00215 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 216 •HR 1319 RH pare for, and respond to COVID–19, domestically or inter- 1 nationally. 2 TITLE IV—COMMITTEE ON 3 FINANCIAL SERVICES 4 Subtitle A—Defense Production Act 5 of 1950 6 SEC. 4001. COVID–19 EMERGENCY MEDICAL SUPPLIES EN- 7 HANCEMENT. 8 (a) SUPPORTING ENHANCED USE OF THE DEFENSE 9 PRODUCTION ACT OF 1950.—In addition to funds other- 10 wise available, there is appropriated, for fiscal year 2021, 11 out of any money in the Treasury not otherwise appro- 12 priated, $10,000,000,000, to remain available until Sep- 13 tember 30, 2025, to carry out titles I, III, and VII of the 14 Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) 15 in accordance with subsection (b). 16 (b) MEDICAL SUPPLIES AND EQUIPMENT.— 17 (1) TESTING, PPE, VACCINES, AND OTHER MA- 18 TERIALS.—Except as provided in paragraph (2), 19 amounts appropriated in subsection (a) shall be used 20 for the purchase, production (including the construc- 21 tion, repair, and retrofitting of government-owned or 22 private facilities as necessary), or distribution of 23 medical supplies and equipment (including durable 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00216 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 217 •HR 1319 RH medical equipment) related to combating the 1 COVID–19 pandemic, including— 2 (A) in vitro diagnostic products (as defined 3 in section 809.3(a) of title 21, Code of Federal 4 Regulations) for the detection of SARS-CoV-2 5 or the diagnosis of the virus that causes 6 COVID–19, and the reagents and other mate- 7 rials necessary for producing, conducting, or 8 administering such products, and the machin- 9 ery, equipment, laboratory capacity, or other 10 technology necessary to produce such products; 11 (B) face masks and personal protective 12 equipment, including face shields, nitrile gloves, 13 N–95 filtering facepiece respirators, and any 14 other masks or equipment (including durable 15 medical equipment) determined by the Sec- 16 retary of Health and Human Services to be 17 needed to respond to the COVID–19 pandemic, 18 and the materials, machinery, additional manu- 19 facturing lines or facilities, or other technology 20 necessary to produce such equipment; and 21 (C) drugs and devices (as those terms are 22 defined in the Federal Food, Drug, and Cos- 23 metic Act (21 U.S.C. 301 et seq.)) and biologi- 24 cal products (as that term is defined by section 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00217 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 218 •HR 1319 RH 351 of the Public Health Service Act (42 1 U.S.C. 262)) that are approved, cleared, li- 2 censed, or authorized under either of such Acts 3 for use in treating or preventing COVID–19 4 and symptoms related to COVID–19, and any 5 materials, manufacturing machinery, additional 6 manufacturing or fill-finish lines or facilities, 7 technology, or equipment (including durable 8 medical equipment) necessary to produce or use 9 such drugs, biological products, or devices (in- 10 cluding syringes, vials, or other supplies or 11 equipment related to delivery, distribution, or 12 administration). 13 (2) RESPONDING TO PUBLIC HEALTH EMER- 14 GENCIES.—After September 30, 2022, amounts ap- 15 propriated in subsection (a) may be used for any ac- 16 tivity authorized by paragraph (1), or any other ac- 17 tivity that the Secretary of Health and Human Serv- 18 ices determines to be necessary, to meet critical pub- 19 lic health needs of the United States, with respect 20 to any pathogen that the President has determined 21 has the potential for creating a public health emer- 22 gency. 23 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00218 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 219 •HR 1319 RH (c) DELEGATION AUTHORITY.—For purposes of 1 using amounts appropriated in subsection (a), the Presi- 2 dent shall only delegate authority to— 3 (1) with respect to any uses described under 4 subsection (b), the Secretary of Health and Human 5 Services; 6 (2) with respect to uses described under sub- 7 section (b)(1), the head of any other agency respon- 8 sible for responding to the COVID-19 pandemic if 9 the President determines that such delegation is im- 10 portant to an effective response to such pandemic; 11 and 12 (3) with respect to uses described under sub- 13 section (b)(2), the head of any other agency respon- 14 sible for responding to any pathogen with the poten- 15 tial for creating a public health emergency if the 16 President determines that such delegation is impor- 17 tant to an effective response to a public health emer- 18 gency that may be created by such pathogen. 19 (d) APPLICATION OF LIMITATIONS UNDER THE DE- 20 FENSE PRODUCTION ACT OF 1950.—The requirements 21 described in section 304(e) of the Defense Production Act 22 of 1950 (50 U.S.C. 4534(e)) shall not apply to the funds 23 appropriated in subsection (a) until September 30, 2025. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00219 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 220 •HR 1319 RH Subtitle B—Housing Provisions 1 SEC. 4101. EMERGENCY RENTAL ASSISTANCE. 2 (a) FUNDING.— 3 (1) APPROPRIATION.—In addition to amounts 4 otherwise available, there is appropriated to the Sec- 5 retary of the Treasury for fiscal year 2021, out of 6 any money in the Treasury not otherwise appro- 7 priated, $19,050,000,000, to remain available until 8 September 30, 2027, for making payments to eligi- 9 ble grantees under this section— 10 (2) RESERVATION OF FUNDS.—Of the amount 11 appropriated under paragraph (1), the Secretary 12 shall reserve— 13 (A) $305,000,000 for making payments 14 under this section to the Commonwealth of 15 Puerto Rico, the United States Virgin Islands, 16 Guam, the Commonwealth of the Northern 17 Mariana Islands, and American Samoa; 18 (B) $30,000,000 for costs of the Secretary 19 for the administration of emergency rental as- 20 sistance programs and technical assistance to 21 recipients of any grants made by the Secretary 22 to provide financial and other assistance to 23 renters; and 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00220 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 221 •HR 1319 RH (C) $3,000,000 for administrative expenses 1 of the Inspector General relating to oversight of 2 funds provided in this section. 3 (b) ALLOCATION FOR RENTAL AND UTILITY ASSIST- 4 ANCE.— 5 (1) ALLOCATION FOR STATES AND UNITS OF 6 LOCAL GOVERNMENT.— 7 (A) IN GENERAL.—The amount appro- 8 priated under paragraph (1) of subsection (a) 9 that remains after the application of paragraph 10 (2) of such subsection shall be allocated to eligi- 11 ble grantees described in subparagraphs (A) 12 and (B) of subsection (i)(1) in the same man- 13 ner as the amount appropriated under section 14 501 of subtitle A of title V of division N of the 15 Consolidated Appropriations Act, 2021 (Public 16 Law 116–260) is allocated to States and units 17 of local government under subsection (b)(1) of 18 such section, except that section 501(b) of such 19 subtitle A shall be applied— 20 (i) without regard to clause (i) of 21 paragraph (1)(A); 22 (ii) by deeming the amount appro- 23 priated under paragraph (1) of subsection 24 (a) of this Act that remains after the ap- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00221 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 222 •HR 1319 RH plication of paragraph (2) of such sub- 1 section to be the amount deemed to apply 2 for purposes of applying clause (ii) of sec- 3 tion 501(b)(1)(A) of such subtitle A; 4 (iii) by substituting ‘‘$152,000,000’’ 5 for ‘‘$200,000,000’’ each place such term 6 appears; 7 (iv) in subclause (I) of such section 8 501(b)(1)(A)(v), by substituting ‘‘under 9 section 4101 of the American Rescue Plan 10 Act of 2021’’ for ‘‘under this section’’; and 11 (v) in subclause (II) of such section 12 501(b)(1)(A)(v), by substituting ‘‘local 13 government elects to receive funds from 14 the Secretary under section 4101 of the 15 American Rescue Plan Act of 2021 and 16 will use the funds in a manner consistent 17 with such section’’ for ‘‘local government’s 18 proposed uses of the funds are consistent 19 with subsection (d)’’. 20 (B) PRO RATA ADJUSTMENT.—The Sec- 21 retary shall make pro rata adjustments in the 22 amounts of the allocations determined under 23 subparagraph (A) of this paragraph for entities 24 described in such subparagraph as necessary to 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00222 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 223 •HR 1319 RH ensure that the total amount of allocations 1 made pursuant to such subparagraph does not 2 exceed the remainder appropriated amount de- 3 scribed in such subparagraph. 4 (2) ALLOCATIONS FOR TERRITORIES.—The 5 amount reserved under subsection (a)(2)(A) shall be 6 allocated to eligible grantees described in subsection 7 (i)(1)(C) in the same manner as the amount appro- 8 priated under section 501(a)(2)(A) of subtitle A of 9 title V of division N of the Consolidated Appropria- 10 tions Act, 2021 (Public Law 116–260) is allocated 11 under section 501(b)(3) of such subtitle A to eligible 12 grantees under subparagraph (C) of such section 13 501(b)(3), except that section 501(b)(3) of such sub- 14 title A shall be applied— 15 (A) in subparagraph (A), by inserting ‘‘of 16 this Act’’ after ‘‘the amount reserved under 17 subsection (a)(2)(A)’’; and 18 (B) in clause (i) of subparagraph (B), by 19 substituting ‘‘the amount equal to 0.3 percent 20 of the amount appropriated under subsection 21 (a)(1)’’ with ‘‘the amount equal to 0.3 percent 22 of the amount appropriated under subsection 23 (a)(1) of this Act’’. 24 (c) PAYMENT SCHEDULE.— 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00223 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 224 •HR 1319 RH (1) IN GENERAL.—The Secretary shall pay all 1 eligible grantees not less than 50 percent of each 2 such eligible grantee’s total allocation provided 3 under subsection (b) within 60 days of enactment of 4 this Act. 5 (2) SUBSEQUENT PAYMENTS.—The Secretary 6 shall pay to eligible grantees additional amounts in 7 tranches up to the full amount of each such eligible 8 grantee’s total allocation in accordance with a proce- 9 dure established by the Secretary, provided that any 10 such procedure established by the Secretary shall re- 11 quire that an eligible grantee must have obligated 12 not less than 75 percent of the funds already dis- 13 bursed by the Secretary pursuant to this section 14 prior to disbursement of additional amounts. 15 (d) USE OF FUNDS.— 16 (1) IN GENERAL.—An eligible grantee shall 17 only use the funds provided from payments made 18 under this section as follows: 19 (A) FINANCIAL ASSISTANCE.— 20 (i) IN GENERAL.—Subject to clause 21 (ii) of this subparagraph, funds received by 22 an eligible grantee from payments made 23 under this section shall be used to provide 24 financial assistance to eligible households, 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00224 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 225 •HR 1319 RH not to exceed 18 months, including the 1 payment of— 2 (I) rent; 3 (II) rental arrears; 4 (III) utilities and home energy 5 costs; 6 (IV) utilities and home energy 7 costs arrears; and 8 (V) other expenses related to 9 housing. 10 (ii) LIMITATION.—The aggregate 11 amount of financial assistance an eligible 12 household may receive under this section, 13 when combined with financial assistance 14 provided under section 501 of subtitle A of 15 title V of division N of the Consolidated 16 Appropriations Act, 2021 (Public Law 17 116–260), shall not exceed 18 months. 18 (B) HOUSING STABILITY SERVICES.—Not 19 more than 10 percent of funds received by an 20 eligible grantee from payments made under this 21 section may be used to provide case manage- 22 ment and other services intended to help keep 23 households stably housed. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00225 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 226 •HR 1319 RH (C) ADMINISTRATIVE COSTS.—Not more 1 than 15 percent of the total amount paid to an 2 eligible grantee under this section may be used 3 for administrative costs attributable to pro- 4 viding financial assistance, housing stability 5 services, and other affordable rental housing 6 and eviction prevention activities under sub- 7 paragraphs (A), (B), and (D), respectively, in- 8 cluding for data collection and reporting re- 9 quirements related to such funds. 10 (D) OTHER AFFORDABLE RENTAL HOUS- 11 ING AND EVICTION PREVENTION ACTIVITIES.— 12 An eligible grantee may use any funds from 13 payments made under this section that are un- 14 obligated on October 1, 2022, for purposes in 15 addition to those specified in this paragraph, 16 provided that— 17 (i) such other purposes are affordable 18 housing purposes, as defined by the Sec- 19 retary, serving very low-income families (as 20 such term is defined in section 3(b) of the 21 United States Housing Act of 1937 (42 22 U.S.C. 1437a(b))); and 23 (ii) prior to obligating any funds for 24 such purposes, the eligible grantee has ob- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00226 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 227 •HR 1319 RH ligated not less than 75 percent of the 1 total funds allocated to such eligible grant- 2 ee in accordance with this section. 3 (2) DISTRIBUTION OF ASSISTANCE.—Amounts 4 appropriated under subsection (a)(1) of this section 5 shall be subject to the same terms and conditions 6 that apply under paragraph (4) of section 501(c) of 7 subtitle A of title V of division N of the Consolidated 8 Appropriations Act, 2021 (Public Law 116–260) to 9 amounts appropriated under subsection (a)(1) of 10 such section 501. 11 (e) REALLOCATION OF FUNDS.— 12 (1) IN GENERAL.—After September 30, 2022, 13 the Secretary shall reallocate funds allocated to eligi- 14 ble grantees in accordance with subsection (b) but 15 not yet paid in accordance with subsection (c)(2) ac- 16 cording to a procedure established by the Secretary. 17 (2) ELIGIBILITY FOR REALLOCATED FUNDS.— 18 The Secretary shall require an eligible grantee to 19 have obligated 50 percent of the total amount of 20 funds allocated to such eligible grantee under sub- 21 section (b) to be eligible to receive funds reallocated 22 under paragraph (1) of this subsection. 23 (3) PAYMENT OF REALLOCATED FUNDS BY THE 24 SECRETARY.—The Secretary shall pay to each eligi- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00227 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 228 •HR 1319 RH ble grantee eligible for a payment of reallocated 1 funds described in paragraph (2) of this subsection 2 the amount allocated to such eligible grantee in ac- 3 cordance with the procedure established by the Sec- 4 retary in accordance with paragraph (2) of this sub- 5 section. 6 (4) USE OF REALLOCATED FUNDS.—Eligible 7 grantees may use any funds received in accordance 8 with this subsection only for purposes specified in 9 paragraph (1) of subsection (d). 10 (f) INAPPLICABILITY OF PAPERWORK REDUCTION 11 ACT.—Subchapter I of chapter 35 of title 44, United 12 States Code, shall not apply to the collection of informa- 13 tion for reporting or research requirements specified in 14 this section if the Secretary determines it is necessary to 15 expedite the efficient use of funds under this section. 16 (g) TREATMENT OF ASSISTANCE.—Assistance pro- 17 vided to a household from a payment made under this sec- 18 tion shall not be regarded as income and shall not be re- 19 garded as a resource for purposes of determining the eligi- 20 bility of the household or any member of the household 21 for benefits or assistance, or the amount or extent of bene- 22 fits or assistance, under any Federal program or under 23 any State or local program financed in whole or in part 24 with Federal funds. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00228 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 229 •HR 1319 RH (h) INFORMATION REQUIRED BY SECRETARY.—Each 1 eligible grantee that receives an allocation of funds under 2 subsection (b) and at least one payment under subsection 3 (c) shall submit to the Secretary information required by 4 the Secretary to monitor and evaluate activities carried 5 out by the eligible grantee under subsection (d). 6 (i) DEFINITIONS.—In this section: 7 (1) ELIGIBLE GRANTEE.—The term ‘‘eligible 8 grantee’’ means any of the following: 9 (A) The 50 States of the United States 10 and the District of Columbia. 11 (B) A unit of local government (as defined 12 in paragraph (5)). 13 (C) The Commonwealth of Puerto Rico, 14 the United States Virgin Islands, Guam, the 15 Commonwealth of the Northern Mariana Is- 16 lands, and American Samoa. 17 (2) ELIGIBLE HOUSEHOLD.—The term ‘‘eligible 18 household’’ means a household of 1 or more individ- 19 uals who are obligated to pay rent on a residential 20 dwelling and with respect to which the eligible grant- 21 ee involved determines that— 22 (A) 1 or more individuals within the house- 23 hold has— 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00229 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 230 •HR 1319 RH (i) qualified for unemployment bene- 1 fits; or 2 (ii) experienced a reduction in house- 3 hold income, incurred significant costs, or 4 experienced other financial hardship during 5 or due, directly or indirectly, to the 6 coronavirus pandemic; 7 (B) 1 or more individuals within the 8 household can demonstrate a risk of experi- 9 encing homelessness or housing instability; and 10 (C) the household is a low-income family 11 (as such term is defined in section 3(b) of the 12 United States Housing Act of 1937 (42 U.S.C. 13 1437a(b)). 14 (3) INSPECTOR GENERAL.—The term ‘‘Inspec- 15 tor General’’ means the Inspector General of the De- 16 partment of the Treasury. 17 (4) SECRETARY.—The term ‘‘Secretary’’ means 18 the Secretary of the Treasury. 19 (5) UNIT OF LOCAL GOVERNMENT.—The term 20 ‘‘unit of local government’’ has the meaning given 21 such term in section 501 of subtitle A of title V of 22 division N of the Consolidated Appropriations Act, 23 2021 (Public Law 116–260). 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00230 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 231 •HR 1319 RH (j) AVAILABILITY.—Funds provided to an eligible 1 grantee under a payment made under this section shall 2 remain available through September 30, 2025. 3 (k) EXTENSION OF AVAILABILITY UNDER PROGRAM 4 FOR EXISTING FUNDING.—Paragraph (1) of section 5 501(e) of subtitle A of title V of division N of the Consoli- 6 dated Appropriations Act, 2021 (Public Law 116–260) is 7 amended by striking ‘‘December 31, 2021’’ and inserting 8 ‘‘September 30, 2022’’. 9 SEC. 4102. EMERGENCY HOUSING VOUCHERS. 10 (a) APPROPRIATION.—In addition to amounts other- 11 wise available, there is appropriated to the Secretary of 12 Housing and Urban Development (in this section referred 13 to as the ‘‘Secretary’’) for fiscal year 2021, out of any 14 money in the Treasury not otherwise appropriated, 15 $5,000,000,000, to remain available until September 30, 16 2030, for— 17 (1) incremental emergency vouchers under sub- 18 section (b); 19 (2) renewals of the vouchers under subsection 20 (b); 21 (3) fees for the costs of administering vouchers 22 under subsection (b) and other eligible expenses de- 23 fined by notice to prevent, prepare, and respond to 24 coronavirus to facilitate the leasing of the emergency 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00231 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 232 •HR 1319 RH vouchers, such as security deposit assistance and 1 other costs related to retention and support of par- 2 ticipating owners; and 3 (4) adjustments in the calendar year 2021 sec- 4 tion 8 renewal funding allocation, including main- 5 stream vouchers, for public housing agencies that ex- 6 perience a significant increase in voucher per-unit 7 costs due to extraordinary circumstances or that, de- 8 spite taking reasonable cost savings measures, would 9 otherwise be required to terminate rental assistance 10 for families as a result of insufficient funding. 11 (b) EMERGENCY VOUCHERS.— 12 (1) IN GENERAL.—The Secretary shall provide 13 emergency rental assistance vouchers under sub- 14 section (a), which shall be tenant-based rental assist- 15 ance under section 8(o) of the United States Hous- 16 ing Act of 1937 (42 U.S.C. 1437f(o)). 17 (2) QUALIFYING INDIVIDUALS OR FAMILIES DE- 18 FINED.—For the purposes of this section, qualifying 19 individuals or families are those who are— 20 (A) homeless (as such term is defined in 21 section 103(a) of the McKinney-Vento Home- 22 less Assistance Act (42 U.S.C. 11302(a)); 23 (B) at risk of homelessness (as such term 24 is defined in section 401(1) of the McKinney- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00232 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 233 •HR 1319 RH Vento Homeless Assistance Act (42 U.S.C. 1 11360(1))); 2 (C) fleeing, or attempting to flee, domestic 3 violence, dating violence, sexual assault, stalk- 4 ing, or human trafficking; or 5 (D) recently homeless, as determined by 6 the Secretary, and for whom providing rental 7 assistance will prevent the family’s homeless- 8 ness or having high risk of housing instability. 9 (3) ALLOCATION.—Public housing agencies 10 shall be notified of the number of emergency vouch- 11 ers allocated pursuant to this section to the agency 12 not later than 60 days after the date of the enact- 13 ment of this Act, in accordance with a formula that 14 includes public housing agency capacity and ensures 15 geographic diversity, including with respect to rural 16 areas, among public housing agencies administering 17 the Housing Choice Voucher program. 18 (4) TERMS AND CONDITIONS.— 19 (A) ELECTION TO ADMINISTER.—The Sec- 20 retary shall establish a procedure for public 21 housing agencies to accept or decline the emer- 22 gency vouchers allocated to the agency in ac- 23 cordance with the formula under subparagraph 24 (3). 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00233 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 234 •HR 1319 RH (B) FAILURE TO USE VOUCHERS PROMPT- 1 LY.—If a public housing agency fails to lease 2 its authorized vouchers under subsection (b) on 3 behalf of eligible families within a reasonable 4 period of time, the Secretary may revoke and 5 redistribute any unleased vouchers and associ- 6 ated funds, including administrative fees and 7 costs referred to in subsection (a)(3), to other 8 public housing agencies according to the for- 9 mula under paragraph (3). 10 (5) WAIVERS AND ALTERNATIVE REQUIRE- 11 MENTS.—Any provision of any statute or regulation 12 used to administer the amounts made available 13 under this section (except for requirements related 14 to fair housing, nondiscrimination, labor standards, 15 and the environment), shall be waived upon a find- 16 ing that any such waivers or alternative require- 17 ments are necessary to expedite or facilitate the use 18 of amounts made available in this section. 19 (6) TERMINATION OF VOUCHERS UPON TURN- 20 OVER.—After September 30, 2023, a public housing 21 agency may not reissue any vouchers made available 22 under this section when assistance for the family as- 23 sisted ends. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00234 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 235 •HR 1319 RH (c) TECHNICAL ASSISTANCE AND OTHER COSTS.— 1 The Secretary may use not more $20,000,000 of the 2 amounts made available under this section for the costs 3 to the Secretary of administering and overseeing the im- 4 plementation of this section and the Housing Choice 5 Voucher program generally, including information tech- 6 nology, financial reporting, and other costs. Of the 7 amounts set aside under this subsection, the Secretary 8 may use not more than $10,000,000, without competition, 9 to make new awards or increase prior awards to existing 10 technical assistance providers to provide an immediate in- 11 crease in capacity building and technical assistance to 12 public housing agencies. 13 (d) IMPLEMENTATION.—The provisions of this sec- 14 tion may be implemented by notice. 15 SEC. 4103. EMERGENCY ASSISTANCE FOR RURAL HOUSING. 16 In addition to amounts otherwise available, there is 17 appropriated for fiscal year 2021, out of any money in 18 the Treasury not otherwise appropriated, $100,000,000, 19 to remain available until September 30, 2022, to provide 20 grants under section 521(a)(2) of the Housing Act of 21 1949 or agreements entered into in lieu of debt forgiveness 22 or payments for eligible households as authorized by sec- 23 tion 502(c)(5)(D) of the Housing Act of 1949, for tem- 24 porary adjustment of income losses for residents of hous- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00235 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 236 •HR 1319 RH ing financed or assisted under section 514, 515, or 516 1 of the Housing Act of 1949 who have experienced income 2 loss but are not currently receiving Federal rental assist- 3 ance. 4 SEC. 4104. HOUSING ASSISTANCE AND SUPPORTIVE SERV- 5 ICES PROGRAMS FOR NATIVE AMERICANS. 6 (a) APPROPRIATION.—In addition to amounts other- 7 wise available, there is appropriated for fiscal year 2021, 8 out of any money in the Treasury not otherwise appro- 9 priated, $750,000,000, to remain available until Sep- 10 tember 30, 2025, to prevent, prepare for, and respond to 11 coronavirus, for activities and assistance authorized under 12 title I of the Native American Housing Assistance and 13 Self-Determination Act of 1996 (NAHASDA) (25 U.S.C. 14 4111 et seq.), under title VIII of NAHASDA (25 U.S.C. 15 4221 et seq.), and under section 106(a)(1) of the Housing 16 and Community Development Act of 1974 with respect to 17 Indian tribes (42 U.S.C. 5301 et seq.), which shall be 18 made available as follows: 19 (1) HOUSING BLOCK GRANTS.—$455,000,000 20 shall be available for the Native American Housing 21 Block Grants and Native Hawaiian Housing Block 22 Grant programs, as authorized under titles I and 23 VIII of NAHASDA, subject to the following terms 24 and conditions: 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00236 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 237 •HR 1319 RH (A) FORMULA.—Of the amounts made 1 available under this paragraph, $450,000,000 2 shall be for grants under title I of NAHASDA 3 and shall be distributed according to the same 4 funding formula used in fiscal year 2021. 5 (B) NATIVE HAWAIIANS.—Of the amounts 6 made available under this paragraph, 7 $5,000,000 shall be for grants under title VIII 8 of NAHASDA. 9 (C) USE.—Amounts made available under 10 this paragraph shall be used by recipients to 11 prevent, prepare for, and respond to 12 coronavirus, including to maintain normal oper- 13 ations and fund eligible affordable housing ac- 14 tivities under NAHASDA during the period 15 that the program is impacted by coronavirus. In 16 addition, amounts made available under sub- 17 paragraph (B) shall be used to provide rental 18 assistance to eligible Native Hawaiian families 19 both on and off the Hawaiian Home Lands. 20 (D) TIMING OF OBLIGATIONS.—Amounts 21 made available under this paragraph shall be 22 used, as necessary, to cover or reimburse allow- 23 able costs to prevent, prepare for, and respond 24 to coronavirus that are incurred by a recipient, 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00237 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 238 •HR 1319 RH including for costs incurred as of January 21, 1 2020. 2 (E) WAIVERS.—Any provision of statute or 3 regulation used to administer amounts made 4 available under this paragraph (except for re- 5 quirements related to fair housing, non- 6 discrimination, labor standards, and the envi- 7 ronment), shall be waived upon a finding that 8 any such waivers or alternative requirements 9 are necessary to expedite or facilitate the use of 10 amounts made available under this paragraph. 11 (F) UNOBLIGATED AMOUNTS.—Amounts 12 made available under this paragraph which are 13 not accepted, are voluntarily returned, or other- 14 wise recaptured for any reason shall be used to 15 fund grants under paragraph (2). 16 (2) INDIAN COMMUNITY DEVELOPMENT BLOCK 17 GRANTS.—$280,000,000 shall be available for grants 18 under title I of the Housing and Community Devel- 19 opment Act of 1974, subject to the following terms 20 and conditions: 21 (A) USE.—Amounts made available under 22 this paragraph shall be used, without competi- 23 tion, for emergencies that constitute imminent 24 threats to health and safety and are designed to 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00238 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 239 •HR 1319 RH prevent, prepare for, and respond to 1 coronavirus. 2 (B) PLANNING.—Not to exceed 20 percent 3 of any grant made with funds made available 4 under this paragraph shall be expended for 5 planning and management development and ad- 6 ministration. 7 (C) TIMING OF OBLIGATIONS.—Amounts 8 made available under this paragraph shall be 9 used, as necessary, to cover or reimburse allow- 10 able costs to prevent, prepare for, and respond 11 to coronavirus incurred by a recipient, including 12 for costs incurred as of January 21, 2020. 13 (D) INAPPLICABILITY OF PUBLIC SERVICES 14 CAP.—Notwithstanding section 105(a)(8) of the 15 Housing and Community Development Act of 16 1974 (42 U.S.C. 5305(a)(8)), there shall be no 17 per centum limitation for the use of funds made 18 available under this paragraph for public serv- 19 ices activities to prevent, prepare for, and re- 20 spond to coronavirus. 21 (E) WAIVERS.—Any provision of any stat- 22 ute or regulation used to administer amounts 23 made available under this paragraph (except for 24 requirements related to fair housing, non- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00239 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 240 •HR 1319 RH discrimination, labor standards, and the envi- 1 ronment), shall be waived upon a finding that 2 any such waivers or alternative requirements 3 are necessary to expedite or facilitate the use of 4 amounts made available under this paragraph. 5 (3) TECHNICAL ASSISTANCE.—$10,000,000 6 shall be used, without competition, to make new 7 awards or increase prior awards to existing technical 8 assistance providers to provide an immediate in- 9 crease in training and technical assistance to Indian 10 tribes, Indian housing authorities, and tribally des- 11 ignated housing entities for activities under this sec- 12 tion. 13 (4) OTHER COSTS.—$5,000,000 shall be used 14 for the administrative costs to oversee and admin- 15 ister the implementation of this section, and pay for 16 associated information technology, financial report- 17 ing, and other costs. 18 SEC. 4105. HOUSING COUNSELING. 19 (a) APPROPRIATION.—In addition to amounts other- 20 wise available, there is appropriated to the Neighborhood 21 Reinvestment Corporation (in this section referred to as 22 the ‘‘Corporation’’) for fiscal year 2021, out of any money 23 in the Treasury not otherwise appropriated, 24 $100,000,000, to remain available until September 30, 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00240 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 241 •HR 1319 RH 2025, for grants to housing counseling intermediaries ap- 1 proved by the Department of Housing and Urban Devel- 2 opment, State housing finance agencies, and 3 NeighborWorks organizations for providing housing coun- 4 seling services, as authorized under the Neighborhood Re- 5 investment Corporation Act (42 U.S.C. 8101-8107) and 6 consistent with the discretion set forth in section 7 606(a)(5) of such Act (42 U.S.C. 8105(a)(5)) to design 8 and administer grant programs. Of the grant funds made 9 available under this subsection, not less than 40 percent 10 shall be provided to counseling organizations that— 11 (1) target housing counseling services to minor- 12 ity and low-income populations facing housing insta- 13 bility; or 14 (2) provide housing counseling services in 15 neighborhoods having high concentrations of minor- 16 ity and low-income populations. 17 (b) LIMITATION.—The aggregate amount provided to 18 NeighborWorks organizations under this section shall not 19 exceed 15 percent of the total of grant funds made avail- 20 able by subsection (a). 21 (c) ADMINISTRATION AND OVERSIGHT.—The Cor- 22 poration may retain a portion of the amounts provided 23 under this section, in a proportion consistent with its 24 standard rate for program administration in order to cover 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00241 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 242 •HR 1319 RH its expenses related to program administration and over- 1 sight. 2 (d) HOUSING COUNSELING SERVICES DEFINED.— 3 For the purposes of this section, the term ‘‘housing coun- 4 seling services’’ means— 5 (1) housing counseling provided directly to 6 households facing housing instability, such as evic- 7 tion, default, foreclosure, loss of income, or home- 8 lessness; 9 (2) education, outreach, training, technology 10 upgrades, and other program related support; and 11 (3) operational oversight funding for grantees 12 and subgrantees that receive funds under this sec- 13 tion. 14 SEC. 4106. HOMELESSNESS ASSISTANCE AND SUPPORTIVE 15 SERVICES PROGRAM. 16 (a) APPROPRIATION.—In addition to amounts other- 17 wise available, there is appropriated for fiscal year 2021, 18 out of any money in the Treasury not otherwise appro- 19 priated, $5,000,000,000, to remain available until Sep- 20 tember 30, 2025, except that amounts authorized under 21 subsection (d)(3) shall remain available until September 22 30, 2029, for assistance under title II of the Cranston- 23 Gonzalez National Affordable Housing Act (42 U.S.C. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00242 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 243 •HR 1319 RH 12721 et seq.) for the following activities to primarily ben- 1 efit qualifying individuals or families: 2 (1) Tenant-based rental assistance. 3 (2) The development and support of affordable 4 housing pursuant to section 212(a) of the Cranston- 5 Gonzalez National Affordable Housing Act (42 6 U.S.C. 12742(a)) (‘‘the Act’’ herein). 7 (3) Supportive services to qualifying individuals 8 or families not already receiving such supportive 9 services, including— 10 (A) activities listed in section 401(29) of 11 the McKinney-Vento Homeless Assistance Act 12 (42 U.S.C. 11360(29)); 13 (B) housing counseling; and 14 (C) homeless prevention services. 15 (4) The acquisition and development of non- 16 congregate shelter units, all or a portion of which 17 may— 18 (A) be converted to permanent affordable 19 housing; 20 (B) be used as emergency shelter under 21 subtitle B of title IV of the McKinney-Vento 22 Homeless Assistance Act (42 U.S.C. 11371- 23 11378); 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00243 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 244 •HR 1319 RH (C) be converted to permanent housing 1 under subtitle C of title IV of the McKinney- 2 Vento Homeless Assistance Act (42 U.S.C. 3 11381-11389); or 4 (D) remain as non-congregate shelter 5 units. 6 (b) QUALIFYING INDIVIDUALS OR FAMILIES DE- 7 FINED.—For the purposes of this section, qualifying indi- 8 viduals or families are those who are— 9 (1) homeless, as defined in section 103(a) of 10 the McKinney-Vento Homeless Assistance Act (42 11 U.S.C. 11302(a)); 12 (2) at-risk of homelessness, as defined in sec- 13 tion 401(1) of the McKinney-Vento Homeless Assist- 14 ance Act (42 U.S.C. 11360(1)); 15 (3) fleeing, or attempting to flee, domestic vio- 16 lence, dating violence, sexual assault, stalking, or 17 human trafficking; 18 (4) in other populations where providing sup- 19 portive services or assistance under section 212(a) of 20 the Act (42 U.S.C. 12742(a)) would prevent the 21 family’s homelessness or would serve those with the 22 greatest risk of housing instability; or 23 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00244 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 245 •HR 1319 RH (5) veterans and families that include a veteran 1 family member that meet one of the preceding cri- 2 teria. 3 (c) TERMS AND CONDITIONS.— 4 (1) FUNDING RESTRICTIONS.—The cost limits 5 in section 212(e) (42 U.S.C. 12742(e)), the commit- 6 ment requirements in section 218(g) (42 U.S.C. 7 12749(g)), the matching requirements in section 220 8 (42 U.S.C. 12750), and the set-aside for housing de- 9 veloped, sponsored, or owned by community housing 10 development organizations required in section 231 of 11 the Act (42 U.S.C. 12771) shall not apply for 12 amounts made available in this section. 13 (2) ADMINISTRATIVE COSTS.— Notwithstanding 14 sections 212(c) and (d)(1) of the Act (42 U.S.C. 15 12742(c) and (d)(1)), of the funds made available in 16 this section for carrying out activities authorized in 17 this section, a grantee may use up to fifteen percent 18 of its allocation for administrative and planning 19 costs. 20 (3) OPERATING EXPENSES.—Notwithstanding 21 sections 212(a) and (g) of the Act (42 U.S.C. 22 12742(a) and (g)), a grantee may use up to an addi- 23 tional five percent of its allocation for the payment 24 of operating expenses of community housing develop- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00245 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 246 •HR 1319 RH ment organizations and nonprofit organizations car- 1 rying out activities authorized under this section, 2 but only if— 3 (A) such funds are used to develop the ca- 4 pacity of the community housing development 5 organization or nonprofit organization in the ju- 6 risdiction or insular area to carry out activities 7 authorized under this section; and 8 (B) the community housing development 9 organization or nonprofit organization complies 10 with the limitation on assistance in section 11 234(b) of the Act (42 U.S.C. 12774(b)). 12 (4) CONTRACTING.—A grantee, when con- 13 tracting with service providers engaged directly in 14 the provision of services under paragraph (a)(3), 15 shall, to the extent practicable, enter into contracts 16 in amounts that cover the actual total program costs 17 and administrative overhead to provide the services 18 contracted. 19 (d) ALLOCATION.— 20 (1) FORMULA ASSISTANCE.—Except as pro- 21 vided in paragraphs (2) and (3), amounts made 22 available under this section shall be allocated pursu- 23 ant to section 217 of the Act (42 U.S.C. 12746) to 24 grantees that received allocations pursuant to that 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00246 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 247 •HR 1319 RH same formula in fiscal year 2021, and such alloca- 1 tions shall be made within 30 days of enactment of 2 this Act. 3 (2) TECHNICAL ASSISTANCE.—Up to 4 $25,000,000 of the amounts made available under 5 this section shall be used, without competition, to 6 make new awards or increase prior awards to exist- 7 ing technical assistance providers to provide an im- 8 mediate increase in capacity building and technical 9 assistance available to any grantees implementing 10 activities or projects consistent with this section. 11 (3) OTHER COSTS.—Up to $50,000,000 of the 12 amounts made available under this section shall be 13 used for the administrative costs to oversee and ad- 14 minister implementation of this section and the 15 HOME program generally, including information 16 technology, financial reporting, and other costs. 17 (4) WAIVERS.—Any provision of any statute or 18 regulation used to administer the amounts made 19 available under this section (except for requirements 20 related to fair housing, nondiscrimination, labor 21 standards, and the environment), may be waived 22 upon a finding that any such waivers or alternative 23 requirements are necessary to expedite or facilitate 24 the use of amounts made available in this section. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00247 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 248 •HR 1319 RH SEC. 4107. HOMEOWNER ASSISTANCE FUND. 1 (a) APPROPRIATION.—In addition to amounts other- 2 wise available, there is appropriated to the Homeowner 3 Assistance Fund established under subsection (c) for fiscal 4 year 2021, out of any money in the Treasury not otherwise 5 appropriated, $9,961,000,000, to remain available until 6 September 30, 2025, for qualified expenses that meet the 7 purposes specified under subsection (c) and expenses de- 8 scribed in subsection (d)(1). 9 (b) DEFINITIONS.—In this section: 10 (1) CONFORMING LOAN LIMIT.—The term ‘‘con- 11 forming loan limit’’ means the applicable limitation 12 governing the maximum original principal obligation 13 of a mortgage secured by a single-family residence, 14 a mortgage secured by a 2-family residence, a mort- 15 gage secured by a 3-family residence, or a mortgage 16 secured by a 4-family residence, as determined and 17 adjusted annually under section 302(b)(2) of the 18 Federal National Mortgage Association Charter Act 19 (12 U.S.C. 1717(b)(2)) and section 305(a)(2) of the 20 Federal Home Loan Mortgage Corporation Act (12 21 U.S.C. 1454(a)(2)). 22 (2) DWELLING.—The term ‘‘dwelling’’ means 23 any building, structure, or portion thereof which is 24 occupied as, or designed or intended for occupancy 25 as, a residence by one or more individuals. 26 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00248 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 249 •HR 1319 RH (3) ELIGIBLE ENTITY.—The term ‘‘eligible enti- 1 ty’’ means— 2 (A) a State; or 3 (B) any entity eligible for payment under 4 subsection (f). 5 (4) MORTGAGE.—The term ‘‘mortgage’’ means 6 any credit transaction— 7 (A) that is secured by a mortgage, deed of 8 trust, or other consensual security interest on a 9 principal residence of a borrower that is (i) a 1- 10 to 4-unit dwelling, or (ii) residential real prop- 11 erty that includes a 1- to 4-unit dwelling; and 12 (B) the unpaid principal balance of which 13 was, at the time of origination, not more than 14 the conforming loan limit. 15 (5) FUND.—The term ‘‘Fund’’ means the 16 Homeowner Assistance Fund established under sub- 17 section (c). 18 (6) SECRETARY.—The term ‘‘Secretary’’ means 19 the Secretary of the Treasury. 20 (7) STATE.—The term ‘‘State’’ means any 21 State of the United States, the District of Columbia, 22 the Commonwealth of Puerto Rico, Guam, American 23 Samoa, the United States Virgin Islands, and the 24 Commonwealth of the Northern Mariana Islands. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00249 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 250 •HR 1319 RH (c) ESTABLISHMENT OF FUND.— 1 (1) ESTABLISHMENT; QUALIFIED EXPENSES.— 2 There is established in the Department of the Treas- 3 ury a Homeowner Assistance Fund to mitigate fi- 4 nancial hardships associated with the coronavirus 5 pandemic by providing such funds as are appro- 6 priated by subsection (a) to eligible entities, and to 7 require an eligible entity that receives funds pursu- 8 ant to this section to periodically submit to the Sec- 9 retary a report that describes the activities carried 10 out by the eligible entity using the funds provided 11 under this section, for the purpose of preventing 12 homeowner mortgage delinquencies, defaults, fore- 13 closures, loss of utilities or home energy services, 14 and displacements of homeowners experiencing fi- 15 nancial hardship after January 21, 2020, through 16 qualified expenses related to mortgages and housing, 17 which include— 18 (A) mortgage payment assistance; 19 (B) financial assistance to allow a home- 20 owner to reinstate a mortgage or to pay other 21 housing related costs related to a period of for- 22 bearance, delinquency, or default; 23 (C) principal reduction; 24 (D) facilitating interest rate reductions; 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00250 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 251 •HR 1319 RH (E) payment assistance for— 1 (i) utilities, including electric, gas, 2 and water; 3 (ii) internet service, including 4 broadband internet access service, as de- 5 fined in section 8.1(b) of title 47, Code of 6 Federal Regulations (or any successor reg- 7 ulation); 8 (iii) property taxes; 9 (iv) homeowner’s insurance, flood in- 10 surance, and mortgage insurance; and 11 (v) homeowner’s association, condo- 12 minium association fees, or common 13 charges; 14 (F) reimbursement of funds expended by a 15 State, local government, or designated entity 16 under subsection (e) during the period begin- 17 ning on January 21, 2020, and ending on the 18 date that the first funds are disbursed by the 19 eligible entity under the Homeowner Assistance 20 Fund, for the purpose of providing housing or 21 utility payment assistance to individuals or oth- 22 erwise providing funds to prevent foreclosure or 23 eviction of a homeowner or tenant or prevent 24 mortgage delinquency or loss of housing or util- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00251 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 252 •HR 1319 RH ities as a response to the coronavirus disease 1 (COVID) pandemic; and 2 (G) any other assistance to promote hous- 3 ing stability for homeowners, including pre- 4 venting eviction, mortgage delinquency or de- 5 fault, foreclosure, or the loss of utility or home 6 energy services, as determined by the Secretary. 7 (2) TARGETING.—Not less than 60 percent of 8 amounts made to each eligible entity allocated 9 amounts under subsection (d) or (f) shall be used 10 for qualified expenses that assist homeowners having 11 incomes equal to or less than 100 percent of the 12 area median income for their household size or equal 13 to or less than 100 percent of the median income for 14 the United States, as determined by the Secretary of 15 Housing and Urban Development, whichever is 16 greater. The eligible entity shall prioritize remaining 17 funds to populations or geographies experiencing the 18 greatest need. 19 (d) ALLOCATION OF FUNDS.— 20 (1) ADMINISTRATION.—Of any amounts made 21 available under this section, the Secretary shall re- 22 serve— 23 (A) to the Department of the Treasury, an 24 amount not to exceed $40,000,000 to admin- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00252 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 253 •HR 1319 RH ister and oversee the Fund, and to provide tech- 1 nical assistance to eligible entities for the cre- 2 ation and implementation of State and tribal 3 programs to administer assistance from the 4 Fund; and 5 (B) to the Inspector General of the De- 6 partment of the Treasury, an amount to not ex- 7 ceed $2,600,000 for oversight of the program 8 under this section. 9 (2) FOR STATES.—After the application of 10 paragraphs (1), (4), and (5) of this subsection and 11 subject to paragraph (3) of this subsection, the Sec- 12 retary shall establish such criteria as are necessary 13 to allocate the remaining funds available within the 14 Homeowner Assistance Fund to each State of the 15 United States, the District of Columbia, and the 16 Commonwealth of Puerto Rico, taking into consider- 17 ation, for such State relative to all States of the 18 United States, the District of Columbia, and the 19 Commonwealth of Puerto Rico, as of the date of the 20 enactment of this Act— 21 (A) the average number of unemployed in- 22 dividuals measured over a period of time not 23 fewer than 3 months and not more than 12 24 months; 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00253 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 254 •HR 1319 RH (B) the total number or mortgagors with— 1 (i) mortgage payments that are more 2 than 30 days past due; or 3 (ii) mortgages in foreclosure. 4 (3) SMALL STATE MINIMUM.— 5 (A) IN GENERAL.—Each State of the 6 United States, the District of Columbia, and 7 the Commonwealth of Puerto Rico shall receive 8 no less than $40,000,000 for the purposes es- 9 tablished in (c). 10 (B) PRO RATA ADJUSTMENTS.—The Sec- 11 retary shall adjust on a pro rata basis the 12 amount of the payments for each State of the 13 United States, the District of Columbia, and 14 the Commonwealth of Puerto Rico determined 15 under this subsection without regard to this 16 subparagraph to the extent necessary to comply 17 with the requirements of subparagraph (A). 18 (4) TERRITORY SET-ASIDE.—Notwithstanding 19 any other provision of this section, of the amounts 20 appropriated under subsection (a), the Secretary 21 shall reserve $30,000,000 to be disbursed to Guam, 22 American Samoa, the United States Virgin Islands, 23 and the Commonwealth of the Northern Mariana Is- 24 lands based on each such territory’s share of the 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00254 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 255 •HR 1319 RH combined total population of all such territories, as 1 determined by the Secretary. For the purposes of 2 this paragraph, population shall be determined based 3 on the most recent year for which data are available 4 from the United States Census Bureau. 5 (5) TRIBAL SET-ASIDE.—The Secretary shall 6 allocate funds to any eligible entity designated under 7 subsection (f) pursuant to the requirements of that 8 subsection. 9 (e) DISTRIBUTION OF FUNDS TO STATES.— 10 (1) IN GENERAL.—The Secretary shall make 11 payments, beginning not later than 45 days after en- 12 actment of this Act, from amounts allocated under 13 subsection (d) to eligible entities that have notified 14 the Secretary that they request to receive payment 15 from the Fund and that the eligible entity will use 16 such payments in compliance with this section. 17 (2) REALLOCATION.—If a State does not re- 18 quest allocated funds by the 90th day after the date 19 of enactment of this Act, such State shall not be eli- 20 gible for a payment from the Secretary pursuant to 21 this section, and the Secretary shall reallocate any 22 funds that were not requested by such State among 23 the States that have requested funds by the 90th 24 day after the date of enactment of this Act. For any 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00255 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 256 •HR 1319 RH such reallocation of funds, the Secretary shall ad- 1 here to the requirements of subsection (d), except 2 for paragraph (1), to the greatest extent possible, 3 provided that the Secretary shall also take into con- 4 sideration in determining such reallocation a State’s 5 remaining need and a State’s record of using pay- 6 ments from the Fund to serve homeowners at dis- 7 proportionate risk of mortgage default, foreclosure, 8 or displacement, including homeowners having in- 9 comes equal to or less than 100 percent of the area 10 median income for their household size or 100 per- 11 cent of the median income for the United States, as 12 determined by the Secretary of Housing and Urban 13 Development, whichever is greater, and minority 14 homeowners. 15 (f) TRIBAL SET-ASIDE.— 16 (1) SET-ASIDE.—Notwithstanding any other 17 provision of this section, of the amounts appro- 18 priated under subsection (a), the Secretary shall use 19 5 percent to make payments to entities that are eli- 20 gible for payments under clauses (i) and (ii) of sec- 21 tion 501(b)(2)(A) of subtitle A of title V of division 22 N of the Consolidated Appropriations Act, 2021 23 (Public Law 116-260) for the purposes described in 24 subsection (c). 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00256 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 257 •HR 1319 RH (2) ALLOCATION AND PAYMENT.—The Sec- 1 retary shall allocate the funds set aside under para- 2 graph (1) using the allocation formulas described in 3 clauses (i) and (ii) of section 501(b)(2)(A) of sub- 4 title A of title V of division N of the Consolidated 5 Appropriations Act, 2021 (Public Law 116-260), 6 and shall make payments of such amounts beginning 7 no later than 45 days after enactment of this Act to 8 entities eligible for payment under clauses (i) and 9 (ii) of section 501(b)(2)(A) of subtitle A of title V 10 of division N of the Consolidated Appropriations 11 Act, 2021 (Public Law 116-260) that notify the Sec- 12 retary that they request to receive payments allo- 13 cated from the Fund by the Secretary for purposes 14 described under subsection (c) and will use such 15 payments in compliance with this section. 16 (3) ADJUSTMENT.—Allocations provided under 17 this subsection may be further adjusted as provided 18 by section 501(b)(2)(B) of subtitle A of title V of di- 19 vision N of the Consolidated Appropriations Act, 20 2021 (Public Law 116-260). 21 SEC. 4108. RELIEF MEASURES FOR SECTION 502 AND 504 DI- 22 RECT LOAN BORROWERS. 23 (a) APPROPRIATION.—In addition to amounts other- 24 wise available, there is appropriated for fiscal year 2021, 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00257 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 258 •HR 1319 RH out of any money in the Treasury not otherwise appro- 1 priated, $39,000,000, to remain available until September 2 30, 2023, for direct loans made under sections 502 and 3 504 of the Housing Act of 1949 (42 U.S.C. 1472, 1474). 4 (b) ADMINISTRATIVE EXPENSES.—The Secretary 5 may use not more than 3 percent of the amounts appro- 6 priated under this section for administrative purposes. 7 Subtitle C—Small Business (SSBCI) 8 SEC. 4201. REAUTHORIZATION OF THE STATE SMALL BUSI- 9 NESS CREDIT INITIATIVE ACT OF 2010. 10 (a) REAUTHORIZATION.— 11 (1) IN GENERAL.—The State Small Business 12 Credit Initiative Act of 2010 (12 U.S.C. 5701 et 13 seq.) is amended— 14 (A) in section 3003— 15 (i) in subsection (b)— 16 (I) by amending paragraph (1) to 17 read as follows: 18 ‘‘(1) IN GENERAL.—Not later than 30 days 19 after the date of enactment of subsection (d), the 20 Secretary shall allocate Federal funds to partici- 21 pating States so that each State is eligible to receive 22 an amount equal to what the State would receive 23 under the 2021 allocation, as determined under 24 paragraph (2).’’; 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00258 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 259 •HR 1319 RH (II) in paragraph (2)— 1 (aa) by striking ‘‘2009’’ 2 each place such term appears 3 and inserting ‘‘2021’’; 4 (bb) by striking ‘‘2008’’ 5 each place such term appears 6 and inserting ‘‘2020’’; 7 (cc) in subparagraph (A), by 8 striking ‘‘The Secretary’’ and in- 9 serting ‘‘With respect to States 10 other than Tribal governments, 11 the Secretary’’; 12 (dd) in subparagraph (C)(i), 13 by striking ‘‘2007’’ and inserting 14 ‘‘2019’’; and 15 (ee) by adding at the end 16 the following: 17 ‘‘(C) SEPARATE ALLOCATION FOR TRIBAL 18 GOVERNMENTS.— 19 ‘‘(i) IN GENERAL.—With respect to 20 States that are Tribal governments, the 21 Secretary shall determine the 2021 alloca- 22 tion by allocating $500,000,000 among the 23 Tribal governments in the proportion the 24 Secretary determines appropriate, includ- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00259 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 260 •HR 1319 RH ing with consideration to available employ- 1 ment and economic data regarding each 2 such Tribal government. 3 ‘‘(ii) NOTICE OF INTENT; TIMING OF 4 ALLOCATION.—With respect to allocations 5 to States that are Tribal governments, the 6 Secretary may— 7 ‘‘(I) require Tribal governments 8 that individually or jointly wish to 9 participate in the Program to file a 10 notice of intent with the Secretary not 11 later than 30 days after the date of 12 enactment of subsection (d); and 13 ‘‘(II) notwithstanding paragraph 14 (1), allocate Federal funds to partici- 15 pating Tribal governments not later 16 than 60 days after the date of enact- 17 ment of subsection (d). 18 ‘‘(D) EMPLOYMENT DATA.—If the Sec- 19 retary determines that employment data with 20 respect to a State is unavailable from the Bu- 21 reau of Labor Statistics of the Department of 22 Labor, the Secretary shall consider such other 23 economic and employment data that is other- 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00260 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 261 •HR 1319 RH wise available for purposes of determining the 1 employment data of such State.’’; and 2 (III) by striking paragraph (3); 3 and 4 (ii) in subsection (c)— 5 (I) in paragraph (1)(A)(iii), by 6 inserting before the period the fol- 7 lowing: ‘‘that have delivered loans or 8 investments to eligible businesses’’; 9 and 10 (II) by amending paragraph (4) 11 to read as follows: 12 ‘‘(4) TERMINATION OF AVAILABILITY OF 13 AMOUNTS NOT TRANSFERRED.— 14 ‘‘(A) IN GENERAL.—Any portion of a par- 15 ticipating State’s allocated amount that has not 16 been transferred to the State under this section 17 may be deemed by the Secretary to be no longer 18 allocated to the State and no longer available to 19 the State and shall be returned to the general 20 fund of the Treasury or reallocated as described 21 under subparagraph (B), if— 22 ‘‘(i) the second 1⁄3 of a State’s allo- 23 cated amount has not been transferred to 24 the State before the end of the end of the 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00261 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 262 •HR 1319 RH 3-year period beginning on the date that 1 the Secretary approves the State for par- 2 ticipation; or 3 ‘‘(ii) the last 1⁄3 of a State’s allocated 4 amount has not been transferred to the 5 State before the end of the end of the 6- 6 year period beginning on the date that the 7 Secretary approves the State for participa- 8 tion. 9 ‘‘(B) REALLOCATION.—Any amount 10 deemed by the Secretary to be no longer allo- 11 cated to a State and no longer available to such 12 State under subparagraph (A) may be reallo- 13 cated by the Secretary to other participating 14 States. In making such a reallocation, the Sec- 15 retary shall not take into account the minimum 16 allocation requirements under subsection 17 (b)(2)(B) or the specific allocation for Tribal 18 governments described under subsection 19 (b)(2)(C).’’; 20 (B) in section 3004(d), by striking ‘‘date 21 of enactment of this Act’’ each place it appears 22 and inserting ‘‘date of the enactment of section 23 3003(d)’’; 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00262 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 263 •HR 1319 RH (C) in section 3005(b), by striking ‘‘date of 1 enactment of this Act’’ each place it appears 2 and inserting ‘‘date of the enactment of section 3 3003(d)’’; 4 (D) in section 3006(b)(4), by striking 5 ‘‘date of enactment of this Act’’ and inserting 6 ‘‘date of the enactment of section 3003(d)’’; 7 (E) in section 3007(b), by striking ‘‘March 8 31, 2011’’ and inserting ‘‘March 31, 2022’’; 9 (F) in section 3009, by striking ‘‘date of 10 enactment of this Act’’ each place it appears 11 and inserting ‘‘date of the enactment of section 12 3003(d)’’; and 13 (G) in section 3011(b), by striking ‘‘date 14 of the enactment of this Act’’ each place it ap- 15 pears and inserting ‘‘date of the enactment of 16 section 3003(d)’’. 17 (2) APPROPRIATION.— 18 (A) IN GENERAL.—In addition to amounts 19 otherwise available, there is hereby appropriated 20 to the Secretary of the Treasury for fiscal year 21 2021, out of any money in the Treasury not 22 otherwise appropriated, $10,000,000,000, to re- 23 main available until expended, to reauthorize, 24 expand, and enhance the State Small Business 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00263 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 264 •HR 1319 RH Credit Initiative established under the State 1 Small Business Credit Initiative Act of 2010, 2 including to provide support to small businesses 3 responding to and recovering from the economic 4 effects of the COVID–19 pandemic, ensure 5 business enterprises owned and controlled by 6 socially and economically disadvantaged individ- 7 uals have access to credit and investments, pro- 8 vide technical assistance to help small busi- 9 nesses applying for various support programs, 10 and to pay reasonable costs of administering 11 such Initiative. 12 (B) RESCISSION.—With respect to 13 amounts appropriated under subparagraph 14 (A)— 15 (i) the Secretary of the Treasury shall 16 complete all disbursements and remaining 17 obligations before September 30, 2030; 18 and 19 (ii) any amounts that remain unex- 20 pended (whether obligated or unobligated) 21 on September 30, 2030, shall be rescinded 22 and deposited into the general fund of the 23 Treasury. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00264 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 265 •HR 1319 RH (b) ADDITIONAL ALLOCATIONS TO SUPPORT BUSI- 1 NESS ENTERPRISES OWNED AND CONTROLLED BY SO- 2 CIALLY AND ECONOMICALLY DISADVANTAGED INDIVID- 3 UALS.—Section 3003 of the State Small Business Credit 4 Initiative Act of 2010 (12 U.S.C. 5702) is amended by 5 adding at the end the following: 6 ‘‘(d) ADDITIONAL ALLOCATIONS TO SUPPORT BUSI- 7 NESS ENTERPRISES OWNED AND CONTROLLED BY SO- 8 CIALLY AND ECONOMICALLY DISADVANTAGED INDIVID- 9 UALS.—Of the amounts appropriated for fiscal year 2021 10 to carry out the Program, the Secretary shall— 11 ‘‘(1) ensure that $1,500,000,000 from funds al- 12 located under this section shall be allocated to States 13 to be expended for business enterprises owned and 14 controlled by socially and economically disadvan- 15 taged individuals; 16 ‘‘(2) allocate such amounts to States based on 17 the needs of business enterprises owned and con- 18 trolled by socially and economically disadvantaged 19 individuals, as determined by the Secretary, in each 20 State, and not subject to the allocation formula de- 21 scribed under subsection (b); 22 ‘‘(3) oversee the States’ use of these funds to 23 ensure they directly support business enterprises 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00265 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 266 •HR 1319 RH owned and controlled by socially and economically 1 disadvantaged individuals; and 2 ‘‘(4) establish a minimum amount of support 3 that a State shall provide to business enterprises 4 owned and controlled by socially and economically 5 disadvantaged individuals. 6 ‘‘(e) INCENTIVE ALLOCATIONS TO SUPPORT BUSI- 7 NESS ENTERPRISES OWNED AND CONTROLLED BY SO- 8 CIALLY AND ECONOMICALLY DISADVANTAGED INDIVID- 9 UALS.—Of the amounts appropriated for fiscal year 2021 10 to carry out the Program, the Secretary shall set aside 11 $1,000,000,000 for an incentive program under which the 12 Secretary shall increase the second 1⁄3 and last 1⁄3 alloca- 13 tions for States that demonstrate robust support, as deter- 14 mined by the Secretary, for business concerns owned and 15 controlled by socially and economically disadvantaged indi- 16 viduals in the deployment of prior allocation amounts.’’. 17 (c) ADDITIONAL ALLOCATIONS TO SUPPORT VERY 18 SMALL BUSINESSES.—Section 3003 of the State Small 19 Business Credit Initiative Act of 2010 (12 U.S.C. 5702), 20 as amended by subsection (b), is further amended by add- 21 ing at the end the following: 22 ‘‘(f) ADDITIONAL ALLOCATIONS TO SUPPORT VERY 23 SMALL BUSINESSES.— 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00266 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 267 •HR 1319 RH ‘‘(1) IN GENERAL.—Of the amounts appro- 1 priated to carry out the Program, the Secretary 2 shall ensure that not less than $500,000,000 from 3 funds allocated under this section shall be expended 4 for very small businesses. 5 ‘‘(2) VERY SMALL BUSINESS DEFINED.—In this 6 subsection, the term ‘very small business’— 7 ‘‘(A) means a business with fewer than 10 8 employees; and 9 ‘‘(B) may include independent contractors 10 and sole proprietors.’’. 11 (d) CDFI AND MDI PARTICIPATION PLAN.—Section 12 3004 of the State Small Business Credit Initiative Act of 13 2010 (12 U.S.C. 5703) is amended by adding at the end 14 the following: 15 ‘‘(e) CDFI AND MDI PARTICIPATION PLAN.—The 16 Secretary may not approve a State to be a participating 17 State unless the State has provided the Secretary with a 18 plan detailing how minority depository institutions and 19 community development financial institutions will be en- 20 couraged to participate in State programs.’’. 21 (e) PANDEMIC RESPONSE PLAN.—Section 3004 of 22 the State Small Business Credit Initiative Act of 2010 (12 23 U.S.C. 5703), as amended by subsection (c), is further 24 amended by adding at the end the following: 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00267 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 268 •HR 1319 RH ‘‘(f) PANDEMIC RESPONSE PLAN.—The Secretary 1 may not approve a State to be a participating State unless 2 the State has provided the Secretary with a description 3 of how the State will expeditiously utilize funds to support 4 small businesses, including business enterprises owned and 5 controlled by socially and economically disadvantaged indi- 6 viduals, in responding to and recovering from the eco- 7 nomic effects of the COVID–19 pandemic.’’. 8 (f) TECHNICAL ASSISTANCE.—Section 3009 of the 9 State Small Business Credit Initiative Act of 2010 (12 10 U.S.C. 5708) is amended by adding at the end the fol- 11 lowing: 12 ‘‘(e) TECHNICAL ASSISTANCE.—Of the amounts ap- 13 propriated for fiscal year 2021 to carry out the Program, 14 $500,000,000 may be used by the Secretary to— 15 ‘‘(1) provide funds to States to carry out a 16 technical assistance plan under which a State will 17 provide legal, accounting, and financial advisory 18 services, either directly or contracted with legal, ac- 19 counting, and financial advisory firms, with priority 20 given to business enterprises owned and controlled 21 by socially and economically disadvantaged individ- 22 uals, to very small businesses and business enter- 23 prises owned and controlled by socially and economi- 24 cally disadvantaged individuals applying for— 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00268 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 269 •HR 1319 RH ‘‘(A) State programs under the Program; 1 and 2 ‘‘(B) other State or Federal programs that 3 support small businesses; 4 ‘‘(2) transfer amounts to the Minority Business 5 Development Agency, so that the Agency may use 6 such amounts in a manner the Agency determines 7 appropriate, including through contracting with 8 third parties, to provide technical assistance to busi- 9 ness enterprises owned and controlled by socially 10 and economically disadvantaged individuals applying 11 to— 12 ‘‘(A) State programs under the Program; 13 and 14 ‘‘(B) other State or Federal programs that 15 support small businesses; and 16 ‘‘(3) contract with legal, accounting, and finan- 17 cial advisory firms (with priority given to business 18 enterprises owned and controlled by socially and eco- 19 nomically disadvantaged individuals), to provide 20 technical assistance to business enterprises owned 21 and controlled by socially and economically disadvan- 22 taged individuals applying to— 23 ‘‘(A) State programs under the Program; 24 and 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00269 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 270 •HR 1319 RH ‘‘(B) other State or Federal programs that 1 support small businesses.’’. 2 (g) MULTI-STATE PARTICIPATION PROGRAM.—Sec- 3 tion 3009 of the State Small Business Credit Initiative 4 Act of 2010 (12 U.S.C. 5708), as amended by subsection 5 (d)(2), is further amended by adding at the end the fol- 6 lowing: 7 ‘‘(f) MULTI-STATE PARTICIPATION PROGRAM.—The 8 Secretary may establish a multi-State participation pro- 9 gram under which— 10 ‘‘(1) the Secretary determines which State pro- 11 grams are similar to each other, with respect to eli- 12 gibility criteria and such other criteria as the Sec- 13 retary determines appropriate; and 14 ‘‘(2) a State may elect to automatically deem a 15 person eligible for a State program if the person is 16 already participating in another State’s State pro- 17 gram that the Secretary has determined is similar 18 under paragraph (1).’’. 19 (h) APPROVAL OF MULTI-STATE PROGRAMS.—Sec- 20 tion 3004 of the State Small Business Credit Initiative 21 Act of 2010 (12 U.S.C. 5703), as amended by subsection 22 (d), is further amended by adding at the end the following: 23 ‘‘(g) APPROVAL OF MULTI-STATE PROGRAMS.—In 24 approving State programs under section 3005 or 3006, 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00270 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 271 •HR 1319 RH the Secretary may approve a State program carried out 1 jointly by more than one State.’’. 2 (i) PREDATORY LENDING PROHIBITED.—Section 3 3004 of the State Small Business Credit Initiative Act of 4 2010 (15 U.S.C. 5702), as amended by subsection (g), 5 is further amended by adding at the end the following: 6 ‘‘(h) PREDATORY LENDING PROHIBITED.—The Sec- 7 retary may not approve a State to be a participating State 8 unless the State has agreed that no lending activity sup- 9 ported by amounts received by the State under the Pro- 10 gram would result in predatory lending, as determined by 11 the Secretary.’’. 12 (j) INCLUSION OF TRIBAL GOVERNMENTS.—Section 13 3002(10) of the State Small Business Credit Initiative Act 14 of 2010 (12 U.S.C. 5701(10)) is amended— 15 (1) in subparagraph (C), by striking ‘‘and’’ at 16 the end; 17 (2) in subparagraph (D), by striking the period 18 at the end and inserting ‘‘; and’’; and 19 (3) by adding at the end the following: 20 ‘‘(E) a Tribal government, or a group of 21 Tribal governments that jointly apply for an al- 22 location.’’. 23 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00271 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 272 •HR 1319 RH (k) DEFINITIONS.—Section 3002 of the State Small 1 Business Credit Initiative Act of 2010 (12 U.S.C. 5701) 2 is amended by adding at the end the following: 3 ‘‘(15) BUSINESS ENTERPRISE OWNED AND CON- 4 TROLLED BY SOCIALLY AND ECONOMICALLY DIS- 5 ADVANTAGED INDIVIDUALS.—The term ‘business en- 6 terprise owned and controlled by socially and eco- 7 nomically disadvantaged individuals’ means a busi- 8 ness that— 9 ‘‘(A) if privately owned, 51 percent is 10 owned by one or more socially and economically 11 disadvantaged individuals; 12 ‘‘(B) if publicly owned, 51 percent of the 13 stock is owned by one or more socially and eco- 14 nomically disadvantaged individuals; and 15 ‘‘(C) in the case of a mutual institution, a 16 majority of the Board of Directors, account 17 holders, and the community which the institu- 18 tion services is predominantly comprised of so- 19 cially and economically disadvantaged individ- 20 uals. 21 ‘‘(16) COMMUNITY DEVELOPMENT FINANCIAL 22 INSTITUTION.—The term ‘community development 23 financial institution’ has the meaning given that 24 term under section 103 of the Riegle Community 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00272 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 273 •HR 1319 RH Development and Regulatory Improvement Act of 1 1994. 2 ‘‘(17) MINORITY DEPOSITORY INSTITUTION.— 3 The term ‘minority depository institution’ has the 4 meaning given that term under section 308(b) of the 5 Financial Institutions Reform, Recovery, and En- 6 forcement Act of 1989. 7 ‘‘(18) SOCIALLY AND ECONOMICALLY DIS- 8 ADVANTAGED INDIVIDUAL.—The term ‘socially and 9 economically disadvantaged individual’ means an in- 10 dividual who is a socially disadvantaged individual or 11 an economically disadvantaged individual, as such 12 terms are defined, respectively, under section 8 of 13 the Small Business Act (15 U.S.C. 637) and the 14 regulations thereunder. 15 ‘‘(19) TRIBAL GOVERNMENT.—The term ‘Tribal 16 government’ means a government of an Indian Tribe 17 listed on the list of recognized Tribes published by 18 the Secretary of the Interior under section 104 of 19 the Federally Recognized Indian Tribe List Act of 20 1994 (25 U.S.C. 5131).’’ 21 (l) RULE OF APPLICATION.—The amendments made 22 by this section shall apply with respect to funds appro- 23 priated under this section and funds appropriated on and 24 after the date of enactment of this section. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00273 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 274 •HR 1319 RH Subtitle D—Airlines 1 SEC. 4301. AIR TRANSPORTATION PAYROLL SUPPORT PRO- 2 GRAM EXTENSION. 3 (a) DEFINITIONS.—The definitions in section 4 40102(a) of title 49, United States Code, shall apply with 5 respect to terms used in this section, except that— 6 (1) the term ‘‘catering functions’’ means prepa- 7 ration, assembly, or both, of food, beverages, provi- 8 sions and related supplies for delivery, and the deliv- 9 ery of such items, directly to aircraft or to a location 10 on or near airport property for subsequent delivery 11 to aircraft; 12 (2) the term ‘‘contractor’’ means— 13 (A) a person that performs, under contract 14 with a passenger air carrier conducting oper- 15 ations under part 121 of title 14, Code of Fed- 16 eral Regulations— 17 (i) catering functions; or 18 (ii) functions on the property of an 19 airport that are directly related to the air 20 transportation of persons, property, or 21 mail, including the loading and unloading 22 of property on aircraft, assistance to pas- 23 sengers under part 382 of title 14, Code of 24 Federal Regulations, security, airport 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00274 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 275 •HR 1319 RH ticketing and check-in functions, ground- 1 handling of aircraft, or aircraft cleaning 2 and sanitization functions and waste re- 3 moval; or 4 (B) a subcontractor that performs such 5 functions; 6 (3) the term ‘‘employee’’ means an individual, 7 other than a corporate officer, who is employed by 8 an air carrier or a contractor; 9 (4) the term ‘‘eligible air carrier’’ means an air 10 carrier that— 11 (A) received financial assistance pursuant 12 section 402(a)(1) of division N of the Consoli- 13 dated Appropriations Act, 2021 (Public Law 14 116-260); 15 (B) provides air transportation as of 16 March 31, 2021; 17 (C) has not conducted involuntary fur- 18 loughs or reduced pay rates or benefits between 19 March 31, 2021, and the date on which the air 20 carrier makes a certification to the Secretary 21 pursuant to subparagraph (D); and 22 (D) certifies to the Secretary that such air 23 carrier will— 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00275 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 276 •HR 1319 RH (i) refrain from conducting involun- 1 tary furloughs or reducing pay rates or 2 benefits until September 30, 2021, or the 3 date on which assistance provided under 4 this section is exhausted, whichever is 5 later; 6 (ii) refrain from purchasing an equity 7 security of the air carrier or the parent 8 company of the air carrier that is listed on 9 a national securities exchange through 10 September 30, 2022; 11 (iii) refrain from paying dividends, or 12 making other capital distributions, with re- 13 spect to common stock (or equivalent inter- 14 est) of such air carrier through September 15 30, 2022; 16 (iv) during the 2-year period begin- 17 ning April 1, 2021, and ending April 1, 18 2023, refrain from paying— 19 (I) any officer or employee of the 20 air carrier whose total compensation 21 exceeded $425,000 in calendar year 22 2019 (other than an employee whose 23 compensation is determined through 24 an existing collective bargaining 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00276 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 277 •HR 1319 RH agreement entered into prior to the 1 date of enactment of this Act)— 2 (aa) total compensation that 3 exceeds, during any 12 consecu- 4 tive months of such 2-year pe- 5 riod, the total compensation re- 6 ceived by the officer or employee 7 from the air carrier in calendar 8 year 2019; or 9 (bb) severance pay or other 10 benefits upon termination of em- 11 ployment with the air carrier 12 which exceeds twice the max- 13 imum total compensation re- 14 ceived by the officer or employee 15 from the air carrier in calendar 16 year 2019; and 17 (II) any officer or employee of 18 the air carrier whose total compensa- 19 tion exceeded $3,000,000 in calendar 20 year 2019 during any 12 consecutive 21 months of such period total compensa- 22 tion in excess of the sum of— 23 (aa) $3,000,000; and 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00277 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 278 •HR 1319 RH (bb) 50 percent of the excess 1 over $3,000,000 of the total com- 2 pensation received by the officer 3 or employee from the air carrier 4 in calendar year 2019. 5 (5) the term ‘‘eligible contractor’’ means a con- 6 tractor that— 7 (A) received financial assistance pursuant 8 to section 402(a)(2) of division N of the Con- 9 solidated Appropriations Act, 2021 (Public Law 10 116-260); 11 (B) performs one or more of the functions 12 described under paragraph (2) as of March 31, 13 2021; 14 (C) has not conducted involuntary fur- 15 loughs or reduced pay rates or benefits between 16 March 31, 2021, and the date on which the 17 contractor makes a certification to the Sec- 18 retary pursuant to subparagraph (D); and 19 (D) certifies to the Secretary that such 20 contractor will— 21 (i) refrain from conducting involun- 22 tary furloughs or reducing pay rates or 23 benefits until September 30, 2021, or the 24 date on which assistance provided under 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00278 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 279 •HR 1319 RH this section is exhausted, whichever is 1 later; 2 (ii) refrain from purchasing an equity 3 security of the contractor or the parent 4 company of the contractor that is listed on 5 a national securities exchange through 6 September 30, 2022; 7 (iii) refrain from paying dividends, or 8 making other capital distributions, with re- 9 spect to common stock (or equivalent inter- 10 est) of the contractor through September 11 30, 2022; 12 (iv) during the 2-year period begin- 13 ning April 1, 2021, and ending April 1, 14 2023, refrain from paying— 15 (I) any officer or employee of the 16 contractor whose total compensation 17 exceeded $425,000 in calendar year 18 2019 (other than an employee whose 19 compensation is determined through 20 an existing collective bargaining 21 agreement entered into prior to the 22 date of enactment of this Act)— 23 (aa) total compensation that 24 exceeds, during any 12 consecu- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00279 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 280 •HR 1319 RH tive months of such 2-year pe- 1 riod, the total compensation re- 2 ceived by the officer or employee 3 from the contractor in calendar 4 year 2019; or 5 (bb) severance pay or other 6 benefits upon termination of em- 7 ployment with the contractor 8 which exceeds twice the max- 9 imum total compensation re- 10 ceived by the officer or employee 11 from the contractor in calendar 12 year 2019; and 13 (II) any officer or employee of 14 the contractor whose total compensa- 15 tion exceeded $3,000,000 in calendar 16 year 2019 during any 12 consecutive 17 months of such period total compensa- 18 tion in excess of the sum of— 19 (aa) $3,000,000; and 20 (bb) 50 percent of the excess 21 over $3,000,000 of the total com- 22 pensation received by the officer 23 or employee from the contractor 24 in calendar year 2019. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00280 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 281 •HR 1319 RH (6) the term ‘‘Secretary’’ means the Secretary 1 of the Treasury. 2 (b) PAYROLL SUPPORT GRANTS.— 3 (1) IN GENERAL.—To preserve aviation jobs 4 and compensate air carrier industry workers, the 5 Secretary shall make available to eligible air carriers 6 and eligible contractors, financial assistance exclu- 7 sively for the continuation of payment of employee 8 wages, salaries, and benefits to— 9 (A) eligible air carriers, in an aggregate 10 amount of $14,000,000,000; and 11 (B) eligible contractors, in an aggregate 12 amount of $1,000,000,000. 13 (2) APPORTIONMENTS.— 14 (A) IN GENERAL.—The Secretary shall ap- 15 portion funds to eligible air carriers and eligible 16 contractors in accordance with the requirements 17 of this section not later than April 15, 2021. 18 (B) ELIGIBLE AIR CARRIERS.—The Sec- 19 retary shall apportion funds made available 20 under paragraph (1)(A) to each eligible air car- 21 rier in the ratio that— 22 (i) the amount received by the air car- 23 rier pursuant to section 403(a) of division 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00281 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 282 •HR 1319 RH N of the Consolidated Appropriations Act, 1 2021 (Public Law 116-260) bears to 2 (ii) $15,000,000,000. 3 (C) ELIGIBLE CONTRACTORS.—The Sec- 4 retary shall apportion, to each eligible con- 5 tractor, an amount equal to the total amount 6 such contractor received pursuant to section 7 403(a) of division N of the Consolidated Appro- 8 priations Act, 2021 (Public Law 116-260). 9 (3) IN GENERAL.— 10 (A) FORMS; TERMS AND CONDITIONS.— 11 The Secretary shall provide financial assistance 12 to an eligible air carrier or eligible contractor 13 under this section in the same form and on the 14 same terms and conditions as determined by 15 pursuant to section 403(b)(1)(A) of subtitle A 16 of title IV of division N of the Consolidated Ap- 17 propriations Act, 2021 (Pub. L. No. 116-260). 18 (B) PROCEDURES.—The Secretary shall 19 publish streamlined and expedited procedures 20 not later than 5 days after the date of enact- 21 ment of this section for eligible air carriers and 22 eligible contractors to submit requests for fi- 23 nancial assistance under this section. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00282 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 283 •HR 1319 RH (C) DEADLINE FOR IMMEDIATE PAYROLL 1 ASSISTANCE.—Not later than 10 days after the 2 date of enactment of this section, the Secretary 3 shall make initial payments to air carriers and 4 contractors that submit requests for financial 5 assistance approved by the Secretary. 6 (4) TAXPAYER PROTECTION.—The Secretary 7 shall receive financial instruments issued by recipi- 8 ents of financial assistance under this section in the 9 same form and amount, and under the same terms 10 and conditions, as determined by the Secretary 11 under section 408 of subtitle A of title IV of division 12 N of the Consolidated Appropriations Act, 2021 13 (Pub. L. No. 116-260). 14 (5) ADMINISTRATIVE EXPENSES.—Of the 15 amounts made available under paragraph (1)(A), 16 $10,000,000 shall be made available to the Sec- 17 retary for costs and administrative expenses associ- 18 ated with providing financial assistance under this 19 section. 20 (c) FUNDING.—In addition to amounts otherwise 21 available, there is appropriated for fiscal year 2021, out 22 of any money in the Treasury not otherwise appropriated, 23 $15,000,000,000, to remain available until expended, to 24 carry out this section. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00283 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 284 •HR 1319 RH TITLE V—COMMITTEE ON 1 OVERSIGHT AND REFORM 2 Subtitle A—Coronavirus State and 3 Local Fiscal Recovery Funds 4 SEC. 5001. CORONAVIRUS STATE AND LOCAL FISCAL RE- 5 COVERY FUNDS. 6 (a) IN GENERAL.—Title VI of the Social Security Act 7 (42 U.S.C. 801 et seq.) is amended by adding at the end 8 the following: 9 ‘‘SEC. 602. CORONAVIRUS STATE FISCAL RECOVERY FUND. 10 ‘‘(a) APPROPRIATION.—In addition to amounts oth- 11 erwise available, there is appropriated for fiscal year 2021, 12 out of any money in the Treasury not otherwise appro- 13 priated, $219,800,000,000, to remain available until ex- 14 pended, for making payments under this section to States, 15 territories, and Tribal governments to mitigate the fiscal 16 effects stemming from the public health emergency with 17 respect to the Coronavirus Disease (COVID–19). 18 ‘‘(b) AUTHORITY TO MAKE PAYMENTS.— 19 ‘‘(1) PAYMENTS TO TERRITORIES.— 20 ‘‘(A) IN GENERAL.—The Secretary shall 21 reserve $4,500,000,000 of the amount appro- 22 priated under subsection (a) to make payments 23 to the territories. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00284 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 285 •HR 1319 RH ‘‘(B) ALLOCATION.—Of the amount re- 1 served under subparagraph (A)— 2 ‘‘(i) 50 percent of such amount shall 3 be allocated by the Secretary equally 4 among each territory; and 5 ‘‘(ii) 50 percent of such amount shall 6 be allocated by the Secretary as an addi- 7 tional amount to each territory in an 8 amount which bears the same proportion 9 to 1⁄2 of the total amount reserved under 10 subparagraph (A) as the relative popu- 11 lation of the territory bears to the total 12 population of all such territories. 13 ‘‘(C) PAYMENT.—The Secretary shall pay 14 each territory the total of the amounts allocated 15 for the territory under subparagraph (B). 16 ‘‘(2) PAYMENTS TO TRIBAL GOVERNMENTS.— 17 ‘‘(A) IN GENERAL.—The Secretary shall 18 reserve $20,000,000,000 of the amount appro- 19 priated under subsection (a) to make payments 20 to Tribal governments. 21 ‘‘(B) ALLOCATION.—Of the amount re- 22 served under subparagraph (A)— 23 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00285 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 286 •HR 1319 RH ‘‘(i) $1,000,000,000 shall be allocated 1 by the Secretary equally among each Trib- 2 al government; and 3 ‘‘(ii) $19,000,000,000 shall be allo- 4 cated by the Secretary among each Tribal 5 government in an amount determined by 6 the Secretary. 7 ‘‘(C) PAYMENT.— The Secretary shall pay 8 each Tribal government the total of the 9 amounts allocated for the Tribal government 10 under subparagraph (B). 11 ‘‘(3) PAYMENTS TO EACH OF THE 50 STATES 12 AND THE DISTRICT OF COLUMBIA.— 13 ‘‘(A) IN GENERAL.—The Secretary shall 14 reserve $195,300,000,000 of the amount appro- 15 priated under subsection (a) to make payments 16 to each of the 50 States and the District of Co- 17 lumbia. 18 ‘‘(B) ALLOCATIONS.—Of the amount re- 19 served under subparagraph (A)— 20 ‘‘(i) $25,500,000,000 of such amount 21 shall be allocated by the Secretary equally 22 among each of the 50 States and the Dis- 23 trict of Columbia; 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00286 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 287 •HR 1319 RH ‘‘(ii) an amount equal to 1 $1,250,000,000 less the amount allocated 2 for the District of Columbia pursuant to 3 section 601(c)(6) shall allocated by the 4 Secretary as an additional amount to the 5 District of Columbia; and 6 ‘‘(iii) an amount equal to the remain- 7 der of the amount reserved under subpara- 8 graph (A) after the application of clauses 9 (i) and (ii) of this subparagraph shall be 10 allocated by the Secretary as an additional 11 amount to each of the 50 States and the 12 District of Columbia in an amount which 13 bears the same proportion to such remain- 14 der as the average estimated number of 15 seasonally-adjusted unemployed individuals 16 (as measured by the Bureau of Labor Sta- 17 tistics Local Area Unemployment Statistics 18 program) in the State or District of Co- 19 lumbia over the 3-month period ending in 20 December 2020 bears to the average esti- 21 mated number of seasonally-adjusted un- 22 employed individuals in all of the 50 States 23 and the District of Columbia over the same 24 period. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00287 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 288 •HR 1319 RH ‘‘(C) PAYMENT.—The Secretary shall pay 1 each of the 50 States and the District of Co- 2 lumbia the total of the amounts allocated for 3 the State and District of Columbia under sub- 4 paragraph (B). 5 ‘‘(4) POPULATION DATA.—For purposes of de- 6 termining allocations for a State or territory under 7 this section, the population of the State or territory 8 shall be determined based on the most recent data 9 available from the Bureau of the Census. 10 ‘‘(5) TIMING.— 11 ‘‘(A) IN GENERAL.—Subject to subpara- 12 graph (B), to the extent practicable, with re- 13 spect to each State, territory, and Tribal gov- 14 ernment allocated a payment under this sub- 15 section, the Secretary shall make the payment 16 required for the State, territory, or Tribal gov- 17 ernment (as applicable) not later than 60 days 18 after the date on which the certification re- 19 quired under subsection (d) is provided to the 20 Secretary. 21 ‘‘(B) EXCEPTION.—With respect to the 22 amount allocated to the District of Columbia 23 under paragraph (3)(B)(ii)— 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00288 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 289 •HR 1319 RH ‘‘(i) the Secretary shall pay such 1 amount to the District of Columbia not 2 later than 15 days after the date of enact- 3 ment of this section; and 4 ‘‘(ii) the District of Columbia shall 5 not be required to submit a certification 6 under subsection (d) as a condition for re- 7 ceiving such payment. 8 ‘‘(6) PRO RATA ADJUSTMENT AUTHORITY.— 9 The amounts otherwise determined for allocation 10 and payment under paragraphs (1), (2), and (3) 11 may be adjusted by the Secretary on a pro rata 12 basis to the extent necessary to ensure that all avail- 13 able funds are distributed to territories, Tribal gov- 14 ernments, and States in accordance with the require- 15 ments specified in each paragraph (as applicable) 16 and the certification requirement specified in sub- 17 section (d). 18 ‘‘(c) REQUIREMENTS.— 19 ‘‘(1) USE OF FUNDS.—A State, territory, or 20 Tribal government shall only use the funds provided 21 under a payment made under this section to— 22 ‘‘(A) respond to or mitigate the public 23 health emergency with respect to the 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00289 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 290 •HR 1319 RH Coronavirus Disease 2019 (COVID–19) or its 1 negative economic impacts; 2 ‘‘(B) cover costs incurred as a result of 3 such emergency; 4 ‘‘(C) replace revenue that was lost, de- 5 layed, or decreased (as determined based on 6 revenue projections for the State, Tribal Gov- 7 ernment, or territory as of January 27, 2020) 8 as a result of such emergency; or 9 ‘‘(D) address the negative economic im- 10 pacts of such emergency. 11 ‘‘(2) TRANSFER AUTHORITY.—A State, terri- 12 tory, or Tribal government receiving a payment from 13 funds made available under this section may transfer 14 funds to a private nonprofit organization (as that 15 term is defined in paragraph (17) of section 401 of 16 the McKinney-Vento Homeless Assistance Act (42 17 U.S.C. 11360(17)), a public benefit corporation in- 18 volved in the transportation of passengers or cargo, 19 a special-purpose unit of State or local government, 20 or a multi-State entity involved in the transportation 21 of passengers or cargo. 22 ‘‘(d) CERTIFICATION OF NEED AND INTENDED 23 USES.—In order to receive a payment under this section 24 (other than the payment made in accordance with sub- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00290 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 291 •HR 1319 RH section (b)(5)(B)), a State, territory, or Tribal govern- 1 ment shall provide the Secretary with a certification 2 signed by the authorized officer of such State, territory, 3 or Tribal government, that— 4 ‘‘(1) such State, territory, or Tribal government 5 requires Federal assistance under this section to ef- 6 fectively carry out the activities specified in sub- 7 section (c); and 8 ‘‘(2) such State, territory, or Tribal govern- 9 ment’s intended uses of any payment under this sec- 10 tion are consistent with subsection (c). 11 ‘‘(e) DEFINITIONS.—In this section: 12 ‘‘(1) SECRETARY.—The term ‘Secretary’ means 13 the Secretary of the Treasury. 14 ‘‘(2) STATE.—The term ‘State’ means each of 15 the 50 States and the District of Columbia. 16 ‘‘(3) TERRITORY.—The term ‘territory’ means 17 the Commonwealth of Puerto Rico, the United 18 States Virgin Islands, Guam, the Commonwealth of 19 the Northern Mariana Islands, and American 20 Samoa. 21 ‘‘(4) TRIBAL GOVERNMENT.—The term ‘Tribal 22 Government’ means the recognized governing body 23 of any Indian or Alaska Native tribe, band, nation, 24 pueblo, village, community, component band, or com- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00291 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 292 •HR 1319 RH ponent reservation, individually identified (including 1 parenthetically) in the list published most recently as 2 of the date of enactment of this Act pursuant to sec- 3 tion 104 of the Federally Recognized Indian Tribe 4 List Act of 1994 (25 U.S.C. 5131). 5 ‘‘SEC. 603. CORONAVIRUS LOCAL FISCAL RECOVERY FUND. 6 ‘‘(a) APPROPRIATION.—In addition to amounts oth- 7 erwise available, there is appropriated for fiscal year 2021, 8 out of any money in the Treasury not otherwise appro- 9 priated, $130,200,000,000, to remain available until ex- 10 pended, for making payments under this section to metro- 11 politan cities, nonentitlement units of local government, 12 and counties to mitigate the fiscal effects stemming from 13 the public health emergency with respect to the 14 Coronavirus Disease (COVID–19). 15 ‘‘(b) AUTHORITY TO MAKE PAYMENTS.— 16 ‘‘(1) METROPOLITAN CITIES.— 17 ‘‘(A) IN GENERAL.—Of the amount appro- 18 priated under subsection (a), the Secretary 19 shall reserve $45,570,000,000 to make pay- 20 ments to metropolitan cities. 21 ‘‘(B) ALLOCATION AND PAYMENT.—From 22 the amount reserved under subparagraph (A), 23 the Secretary shall allocate and pay to each 24 metropolitan city an amount determined for the 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00292 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 293 •HR 1319 RH metropolitan city pursuant to the formula 1 under section 106(b)(1) of the Housing and 2 Community Development Act of 1974 (42 3 U.S.C. 5306(b)(1)), except that, in applying 4 such formula, the Secretary shall substitute ‘all 5 metropolitan cities’ for ‘all metropolitan areas’ 6 each place it appears. 7 ‘‘(2) NONENTITLEMENT UNITS OF LOCAL GOV- 8 ERNMENT.— 9 ‘‘(A) IN GENERAL.—Of the amount appro- 10 priated under subsection (a), the Secretary 11 shall reserve $19,530,000,000 to make pay- 12 ments to States for distribution by the State to 13 nonentitlement units of local government in the 14 State. 15 ‘‘(B) ALLOCATION AND PAYMENT.—From 16 the amount reserved under subparagraph (A), 17 the Secretary shall allocate and pay to each 18 State an amount which bears the same propor- 19 tion to such reserved amount as the total popu- 20 lation of all nonentitlement units of local gov- 21 ernment in the State bears to the total popu- 22 lation of all nonentitlement units of local gov- 23 ernment in all such States. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00293 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 294 •HR 1319 RH ‘‘(C) DISTRIBUTION TO NONENTITLEMENT 1 UNITS OF LOCAL GOVERNMENT.— 2 ‘‘(i) IN GENERAL.—Not later than 30 3 days after a State receives a payment 4 under subparagraph (B), the State shall 5 distribute to each nonentitlement unit of 6 local government in the State an amount 7 that bears the same proportion to the 8 amount of such payment as the population 9 of the nonentitlement unit of local govern- 10 ment bears to the total population of all 11 the nonentitlement units of local govern- 12 ment in the State, subject to clause (iii). 13 ‘‘(ii) DISTRIBUTION OF FUNDS.— 14 ‘‘(I) EXTENSION FOR DISTRIBU- 15 TION.—If an authorized officer of a 16 State required to make distributions 17 under clause (i) certifies in writing to 18 the Secretary before the end of the 19 30-day distribution period described 20 in such clause that it would constitute 21 an excessive administrative burden for 22 the State to meet the terms of such 23 clause with respect to 1 or more such 24 distributions, the authorized officer 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00294 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 295 •HR 1319 RH may request, and the Secretary shall 1 grant, an extension of such period of 2 not more than 30 days to allow the 3 State to make such distributions in 4 accordance with clause (i). 5 ‘‘(II) ADDITIONAL EXTEN- 6 SIONS.— 7 ‘‘(aa) IN GENERAL.—If a 8 State has been granted an exten- 9 sion to the distribution period 10 under subclause (I) but is unable 11 to make all the distributions re- 12 quired under clause (i) before the 13 end of such period as extended, 14 the authorized officer of the 15 State may request an additional 16 extension of the distribution pe- 17 riod of not more than 30 days. 18 The Secretary may grant a re- 19 quest for an additional extension 20 of such period only if— 21 ‘‘(AA) the authorized 22 officer making such request 23 provides a written plan to 24 the Secretary specifying, for 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00295 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 296 •HR 1319 RH each distribution for which 1 an additional extension is re- 2 quested, when the State ex- 3 pects to make such distribu- 4 tion and the actions the 5 State has taken and will 6 take in order to make all 7 such distributions before the 8 end of the distribution pe- 9 riod (as extended under sub- 10 clause (I) and this sub- 11 clause); and 12 ‘‘(BB) the Secretary 13 certifies in writing that the 14 actions specified in such 15 plan are likely sufficient for 16 the State to make all such 17 distributions before the end 18 of the distribution period (as 19 so extended). 20 ‘‘(bb) FURTHER ADDI- 21 TIONAL EXTENSIONS.—If a State 22 granted an additional extension 23 of the distribution period under 24 item (aa) requires any further 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00296 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 297 •HR 1319 RH additional extensions of such pe- 1 riod, the request only may be 2 made and granted subject to the 3 requirements specified in item 4 (aa). 5 ‘‘(iii) CAPPED AMOUNT.—The total 6 amount distributed to a nonentitlement 7 unit of local government under this para- 8 graph may not exceed the amount equal to 9 75 percent of the most recent budget for 10 the nonentitlement unit of local govern- 11 ment as of January 27, 2020. 12 ‘‘(iv) REDISTRIBUTION OF EXCESS 13 AMOUNTS.—Any amounts not distributed 14 to a nonentitlement unit of local govern- 15 ment as a result of the application of 16 clause (iii) shall be retained or paid as fol- 17 lows: 18 ‘‘(I) 50 percent of all such undis- 19 tributed amounts shall be retained by 20 the State. 21 ‘‘(II) Subject to the payment 22 limit under clause (iii), the remainder 23 of all such undistributed amounts 24 shall be allocated and paid by the 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00297 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 298 •HR 1319 RH State to each nonentitlement unit of 1 local government in the State an 2 amount that bears the same propor- 3 tion to such remainder as the popu- 4 lation of the nonentitlement unit of 5 local government bears to the total 6 population of all nonentitlement units 7 of local government in the State. 8 ‘‘(v) ADJUSTMENT AUTHORITY.—A 9 State may make pro rata adjustments to 10 the allocations determined under clause 11 (iv)(II) as necessary to comply with clause 12 (iii) and ensure that all available funds are 13 distributed to nonentitlement units of local 14 government in a State. 15 ‘‘(D) PENALTY FOR NONCOMPLIANCE.—If, 16 by the end of the 120-day period that begins on 17 the date a State receives a payment under sub- 18 paragraph (B) or, if later, the last day of the 19 distribution period for the State (as extended 20 with respect to the State under subparagraph 21 (C)(ii)), such State has failed to make all the 22 distributions from such payment in accordance 23 with the terms of subparagraph (C) (including 24 any extensions of the distribution period grant- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00298 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 299 •HR 1319 RH ed in accordance with such subparagraph), an 1 amount equal to the amount of such payment 2 that remains undistributed as of such date shall 3 be booked as a debt of such State owed to the 4 Federal Government, shall be paid back from 5 the State’s allocation provided under section 6 602(b)(3)(B)(iii), and shall be deposited into 7 the general fund of the Treasury. 8 ‘‘(3) COUNTIES.— 9 ‘‘(A) AMOUNT.—From the amount appro- 10 priated under subsection (a), the Secretary 11 shall reserve $65,100,000,000 of such amount 12 to make payments directly to counties within 13 the 50 States, the District of Columbia, the 14 Commonwealth of Puerto Rico, the United 15 States Virgin Islands, Guam, the Common- 16 wealth of the Northern Mariana Islands, and 17 American Samoa in an amount which bears the 18 same proportion to the total amount reserved 19 under this paragraph as the relative population 20 of each such county bears to the total popu- 21 lation of all such entities. 22 ‘‘(B) SPECIAL RULES.— 23 ‘‘(i) URBAN COUNTIES.—No county 24 that is an ‘urban county’ (as defined in 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00299 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 300 •HR 1319 RH section 102 of the Housing and Commu- 1 nity Development Act of 1974 (42 U.S.C. 2 5302)) shall receive less than the amount 3 the county would otherwise receive if the 4 amount paid under this paragraph were al- 5 located to metropolitan cities and urban 6 counties under section 106(b) of the Hous- 7 ing and Community Development Act of 8 1974 (42 U.S.C. 5306(b)). 9 ‘‘(ii) COUNTIES THAT ARE NOT UNITS 10 OF GENERAL LOCAL GOVERNMENT.—In 11 the case of an amount to be paid to a 12 county that is not a unit of general local 13 government, the amount shall instead be 14 paid to the State in which such county is 15 located, and such State shall distribute 16 such amount to units of general local gov- 17 ernment within such county in an amounts 18 that bear the same proportion as the popu- 19 lation of such units of general local govern- 20 ment bear to the total population of such 21 county. 22 ‘‘(iii) DISTRICT OF COLUMBIA.—For 23 purposes of this paragraph, the District of 24 Columbia shall be considered to consist of 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00300 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 301 •HR 1319 RH a single county that is a unit of general 1 local government. 2 ‘‘(4) CONSOLIDATED GOVERNMENTS.—A unit 3 of general local government that has formed a con- 4 solidated government, or that is geographically con- 5 tained (in full or in part) within the boundaries of 6 another unit of general local government may receive 7 a distribution under each of paragraphs (1), (2), and 8 (3), as applicable, based on the respective formulas 9 specified in such paragraphs. 10 ‘‘(5) PRO RATA ADJUSTMENT AUTHORITY.— 11 The amounts otherwise determined for allocation 12 and payment under paragraphs (1), (2), and (3) 13 may be adjusted by the Secretary on a pro rata 14 basis to the extent necessary to ensure that all avail- 15 able funds are distributed to metropolitan cities, 16 counties, and States in accordance with the require- 17 ments specified in each paragraph (as applicable) 18 and the certification requirement specified in sub- 19 section (d). 20 ‘‘(6) POPULATION.—For purposes of deter- 21 mining allocations under this section, the population 22 of an entity shall be determined based on the most 23 recent data are available from the Bureau of the 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00301 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 302 •HR 1319 RH Census or, if not available, from such other data as 1 a State determines appropriate. 2 ‘‘(7) TIMING.—To the extent practicable— 3 ‘‘(A) with respect to each metropolitan city 4 allocated a payment under paragraph (1) and 5 each county allocated a payment under para- 6 graph (3), the Secretary shall make the pay- 7 ment required for the metropolitan city or coun- 8 ty (as applicable) not later than 60 days after 9 the date on which the certification required 10 under subsection (d) is provided to the Sec- 11 retary; and 12 ‘‘(B) with respect to the payments allo- 13 cated to States under paragraph (2) for dis- 14 tribution to nonentitlement units of local gov- 15 ernment, the Secretary shall make such pay- 16 ments not later than 60 days after the date of 17 enactment of this section. 18 ‘‘(c) REQUIREMENTS.— 19 ‘‘(1) USE OF FUNDS.—A metropolitan city, 20 nonentitlement unit of local government, or county 21 receiving a payment from funds made available 22 under this section shall only use such amounts to— 23 ‘‘(A) respond to or mitigate the public 24 health emergency with respect to the 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00302 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 303 •HR 1319 RH Coronavirus Disease 2019 (COVID–19) or its 1 negative economic impacts; 2 ‘‘(B) cover costs incurred as a result of 3 such emergency; 4 ‘‘(C) replace revenue that was lost, de- 5 layed, or decreased (as determined based on 6 revenue projections for the metropolitan city, 7 nonentitlement unit of local government, or 8 county as of January 27, 2020) as a result of 9 such emergency; or 10 ‘‘(D) address the negative economic im- 11 pacts of such emergency. 12 ‘‘(2) TRANSFER AUTHORITY.—A metropolitan 13 city, nonentitlement unit of local government, or 14 county receiving a payment from funds made avail- 15 able under this section may transfer funds to a pri- 16 vate nonprofit organization (as that term is defined 17 in paragraph (17) of section 401 of the McKinney- 18 Vento Homeless Assistance Act (42 U.S.C. 19 11360(17)), a public benefit corporation involved in 20 the transportation of passengers or cargo, a special- 21 purpose unit of State or local government, or a 22 multi-State entity involved in the transportation of 23 passengers or cargo. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00303 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 304 •HR 1319 RH ‘‘(d) CERTIFICATION OF NEED AND INTENDED 1 USES.—In order to receive a payment under paragraphs 2 (1) or (3) of subsection (b), a metropolitan city or a coun- 3 ty (as each of those terms are defined in subsection (e), 4 shall provide the Secretary with a certification signed by 5 the authorized officer of such metropolitan city or county, 6 that— 7 ‘‘(1) such metropolitan city or county requires 8 Federal assistance under this section to effectively 9 carry out the activities specified in subsection (c); 10 and 11 ‘‘(2) such metropolitan city or county’s intended 12 uses of any payment under this section are con- 13 sistent with subsection (c). 14 ‘‘(e) DEFINITIONS.—In this section: 15 ‘‘(1) COUNTY.—The term ‘county’ means a 16 county, parish, or other equivalent county division 17 (as defined by the Bureau of the Census). 18 ‘‘(2) METROPOLITAN CITY.—The term ‘metro- 19 politan city’ has the meaning given that term in sec- 20 tion 102(a)(4) of the Housing and Community De- 21 velopment Act of 1974 (42 U.S.C. 5302(a)(4)) and 22 includes cities that relinquish or defer their status as 23 a metropolitan city for purposes of receiving alloca- 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00304 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 305 •HR 1319 RH tions under section 106 of such Act (42 U.S.C. 1 5306) for fiscal year 2021. 2 ‘‘(3) NONENTITLEMENT UNIT OF LOCAL GOV- 3 ERNMENT.—The term ‘nonentitlement unit of local 4 government’ means a unit of general local govern- 5 ment, other than a county, that is located in a non- 6 entitlement area (as defined in section 102 of the 7 Housing and Community Development Act of 1974 8 (42 U.S.C. 5302)) of a State (as that term is de- 9 fined in such section 102). 10 ‘‘(4) SECRETARY.—The term ‘Secretary’ means 11 the Secretary of the Treasury. 12 ‘‘(5) STATE.—The term ‘State’ has the mean- 13 ing given that term in section 102(a)(2) of the 14 Housing and Community Development Act of 1974 15 (42 U.S.C. 5302 (a)(2). 16 ‘‘(6) UNIT OF GENERAL LOCAL GOVERN- 17 MENT.—The term ‘unit of general local government’ 18 has the meaning given that term in section 19 102(a)(1) of the Housing and Community Develop- 20 ment Act of 1974 (42 U.S.C. 5302(a)(1)).’’. 21 (b) TECHNICAL AMENDMENT.—The heading for title 22 VI of the Social Security Act (42 U.S.C. 801 et seq.) is 23 amended by striking ‘‘FUND’’ and inserting ‘‘AND 24 FISCAL RECOVERY FUNDS’’. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00305 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 306 •HR 1319 RH Subtitle B—Other Matters 1 SEC. 5111. EMERGENCY FEDERAL EMPLOYEE LEAVE FUND. 2 (a) ESTABLISHMENT; APPROPRIATION.—There is es- 3 tablished in the Treasury the Emergency Federal Em- 4 ployee Leave Fund (in this section referred to as the 5 ‘‘Fund’’), to be administered by the Director of the Office 6 of Personnel Management, for the purposes set forth in 7 subsection (b). In addition to amounts otherwise available, 8 there is appropriated for fiscal year 2021, out of any 9 money in the Treasury not otherwise appropriated, 10 $570,000,000, to be deposited into the Fund. 11 (b) PURPOSE.—Amounts in the Fund shall be avail- 12 able for payment to an agency for the use of paid leave 13 by any employee of the agency who is unable to work be- 14 cause the employee— 15 (1) is subject to a Federal, State, or local quar- 16 antine or isolation order related to COVID–19; 17 (2) has been advised by a health care provider 18 to self-quarantine due to concerns related to 19 COVID–19; 20 (3) is caring for an individual who is subject to 21 such an order or has been so advised; 22 (4) is experiencing symptoms of COVID–19 23 and seeking a medical diagnosis; 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00306 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 307 •HR 1319 RH (5) is caring for a son or daughter of such em- 1 ployee if the school or place of care of the son or 2 daughter has been closed, if the school of such son 3 or daughter requires or makes optional a virtual 4 learning instruction model or requires or makes op- 5 tional a hybrid of in-person and virtual learning in- 6 struction models, or the child care provider of such 7 son or daughter is unavailable, due to COVID–19 8 precautions; 9 (6) is experiencing any other substantially simi- 10 lar condition; 11 (7) is caring for a family member with a mental 12 or physical disability or who is 55 years of age or 13 older and incapable of self-care, without regard to 14 whether another individual other than the employee 15 is available to care for such family member, if the 16 place of care for such family member is closed or the 17 direct care provider is unavailable due to COVID– 18 19; or 19 (8) is obtaining immunization related to 20 COVID–19 or to recover from any injury, disability, 21 illness, or condition related to such immunization. 22 (c) LIMITATIONS.— 23 (1) PERIOD OF AVAILABILITY.—Paid leave 24 under this section may only be provided to and used 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00307 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 308 •HR 1319 RH by an employee during the period beginning on the 1 date of enactment of this Act and ending on Sep- 2 tember 30, 2021. 3 (2) TOTAL HOURS; AMOUNT.—Paid leave under 4 this section— 5 (A) may be provided to an employee in an 6 amount not to exceed 600 hours of paid leave 7 for each full-time employee, and in the case of 8 a part-time employee, employee on an uncom- 9 mon tour of duty, or employee with a seasonal 10 work schedule, in an amount not to exceed the 11 proportional equivalent of 600 hours as estab- 12 lished by the applicable agency; and 13 (B) may not be provided to an employee — 14 (i) at a rate that exceeds $35 for each 15 hour of leave taken; and 16 (ii) in an amount greater than $1,400 17 in aggregate for any week. 18 (3) RELATIONSHIP TO OTHER LEAVE.—Paid 19 leave under this section— 20 (A) is in addition to any other leave pro- 21 vided to an employee; and 22 (B) may not be used by an employee con- 23 currently with any other paid leave. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00308 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 309 •HR 1319 RH (4) CALCULATION OF ANNUITY.—Any paid 1 leave provided to an employee under this section 2 shall not count for purposes of determining the an- 3 nuity of the employee, including an annuity under 4 chapter 83 or 84 of title 5, United States Code. 5 (d) DEFINITIONS.—In this section— 6 (1) the term ‘‘agency’’ means— 7 (A) any agency or instrumentality of the 8 executive branch of Government; 9 (B) the United States Postal Service and 10 the Postal Regulatory Commission; and 11 (C) the Public Defender Service for the 12 District of Columbia and the District of Colum- 13 bia Courts; and 14 (2) the term ‘‘employee’’ does not include any 15 member of the Armed Forces. 16 (e) CLARIFICATION.—Notwithstanding section 17 7425(b) of title 38, United States Code, the term ‘‘agen- 18 cy’’ in subsection (d)(1) includes the Veterans Health Ad- 19 ministration. 20 SEC. 5112. FUNDING FOR THE GOVERNMENT ACCOUNT- 21 ABILITY OFFICE. 22 In addition to amounts otherwise available, there is 23 appropriated for fiscal year 2021, out of any money in 24 the Treasury not otherwise appropriated, $77,000,000, to 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00309 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 310 •HR 1319 RH remain available until September 30, 2025, for necessary 1 expenses of the Government Accountability Office to pre- 2 vent, prepare for, and respond to Coronavirus and to sup- 3 port oversight of the Coronavirus response and of funds 4 provided in this Act or any other Act pertaining to the 5 Coronavirus pandemic. 6 SEC. 5113. PANDEMIC RESPONSE ACCOUNTABILITY COM- 7 MITTEE FUNDING AVAILABILITY. 8 In addition to amounts otherwise available, there is 9 appropriated for fiscal year 2021, out of any money in 10 the Treasury not otherwise appropriated, $40,000,000, to 11 remain available until September 30, 2025, for the Pan- 12 demic Response Accountability Committee to promote 13 transparency and support oversight of the Coronavirus re- 14 sponse and of funds provided in this Act or any other Act 15 pertaining to the Coronavirus pandemic. 16 TITLE VI—COMMITTEE ON 17 SMALL BUSINESS 18 SEC. 6001. MODIFICATIONS TO PAYCHECK PROTECTION 19 PROGRAM. 20 (a) ELIGIBILITY OF CERTAIN NONPROFIT ENTITIES 21 FOR COVERED LOANS UNDER THE PAYCHECK PROTEC- 22 TION PROGRAM.— 23 (1) IN GENERAL.—Section 7(a)(36) of the 24 Small Business Act (15 U.S.C. 636(a)(36)), as 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00310 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 311 •HR 1319 RH amended by the Economic Aid to Hard-Hit Small 1 Businesses, Nonprofits, and Venues Act (title III of 2 division N of Public Law 116–260), is amended— 3 (A) in subparagraph (A)— 4 (i) in clause (xv), by striking ‘‘and’’ at 5 the end; 6 (ii) in clause (xvi), by striking the pe- 7 riod at the end and inserting ‘‘; and’’; and 8 (iii) by adding at the end the fol- 9 lowing: 10 ‘‘(xvii) the term ‘additional covered 11 nonprofit entity’— 12 ‘‘(I) means an organization de- 13 scribed in any paragraph of section 14 501(c) of the Internal Revenue Code 15 of 1986, other than paragraph (3), 16 (4), (6), or (19), and exempt from tax 17 under section 501(a) of such Code; 18 and 19 ‘‘(II) does not include any entity 20 that, if the entity were a business con- 21 cern, would be described in section 22 120.110 of title 13, Code of Federal 23 Regulations (or in any successor regu- 24 lation or other related guidance or 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00311 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 312 •HR 1319 RH rule that may be issued by the Admin- 1 istrator) other than a business con- 2 cern described in paragraph (a) or (k) 3 of such section.’’; and 4 (B) in subparagraph (D)— 5 (i) in clause (iii), by adding at the end 6 the following: 7 ‘‘(III) ELIGIBILITY OF CERTAIN 8 ORGANIZATIONS.—Subject to the pro- 9 visions in this subparagraph, during 10 the covered period— 11 ‘‘(aa) a nonprofit organiza- 12 tion shall be eligible to receive a 13 covered loan if the nonprofit or- 14 ganization employs not more 15 than 500 employees per physical 16 location of the organization; and 17 ‘‘(bb) an additional covered 18 nonprofit entity and an organiza- 19 tion that, but for subclauses 20 (I)(dd) and (II)(dd) of clause 21 (vii), would be eligible for a cov- 22 ered loan under clause (vii) shall 23 be eligible to receive a covered 24 loan if the entity or organization 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00312 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 313 •HR 1319 RH employs not more than 300 em- 1 ployees per physical location of 2 the entity or organization.’’; 3 (ii) in clause (iv)— 4 (I) in subclause (III), by striking 5 ‘‘and’’ at the end; 6 (II) in subclause (IV)— 7 (aa) by striking ‘‘(aa)’’; 8 (bb) by striking ‘‘; or’’ and 9 inserting a semicolon; and 10 (cc) by striking item (bb); 11 and 12 (III) by adding at the end the 13 following: 14 ‘‘(V) any nonprofit organization, 15 additional covered nonprofit entity, or 16 any organization made eligible for a 17 loan under clause (vii); and’’; and 18 (iii) by striking clause (vi) and insert- 19 ing the following: 20 ‘‘(vi) ELIGIBILITY OF ADDITIONAL 21 COVERED NONPROFIT ENTITIES.—An addi- 22 tional covered nonprofit entity shall be eli- 23 gible to receive a covered loan if— 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00313 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 314 •HR 1319 RH ‘‘(I) the additional covered non- 1 profit entity does not receive more 2 than 15 percent of its receipts from 3 lobbying activities; 4 ‘‘(II) the lobbying activities of 5 the additional covered nonprofit entity 6 do not comprise more than 15 percent 7 of the total activities of the organiza- 8 tion; 9 ‘‘(III) the cost of the lobbying ac- 10 tivities of the additional covered non- 11 profit entity did not exceed 12 $1,000,000 during the most recent 13 tax year of the additional covered non- 14 profit entity that ended prior to Feb- 15 ruary 15, 2020; and 16 ‘‘(IV) the additional covered non- 17 profit entity employs not more than 18 300 employees.’’. 19 (2) ELIGIBILITY FOR SECOND DRAW LOANS.— 20 Paragraph (37)(A)(i) of section 7(a) of the Small 21 Business Act (15 U.S.C. 636(a)), as added by the 22 Economic Aid to Hard-Hit Small Businesses, Non- 23 profits, and Venues Act (title III of division N of 24 Public Law 116–260), is amended by inserting ‘‘ ‘ad- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00314 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 315 •HR 1319 RH ditional covered nonprofit entity’,’’ after ‘‘the 1 terms’’. 2 (b) ELIGIBILITY OF INTERNET PUBLISHING ORGANI- 3 ZATIONS FOR COVERED LOANS UNDER THE PAYCHECK 4 PROTECTION PROGRAM.— 5 (1) IN GENERAL.—Section 7(a)(36)(D) of the 6 Small Business Act (15 U.S.C. 636(a)(36)(D)), as 7 amended by subsection (a), is further amended— 8 (A) in clause (iii), by adding at the end the 9 following: 10 ‘‘(IV) ELIGIBILITY OF INTERNET 11 PUBLISHING ORGANIZATIONS.—A 12 business concern or other organization 13 that was not eligible to receive a cov- 14 ered loan the day before the date of 15 enactment of this subclause, is as- 16 signed a North American Industry 17 Classification System code of 519130, 18 certifies in good faith as an Internet- 19 only news publisher or Internet-only 20 periodical publisher, and is engaged in 21 the collection and distribution of local 22 or regional and national news and in- 23 formation shall be eligible to receive a 24 covered loan for the continued provi- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00315 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 316 •HR 1319 RH sion of news, information, content, or 1 emergency information if— 2 ‘‘(aa) the business concern 3 or organization employs not more 4 than 500 employees, or the size 5 standard established by the Ad- 6 ministrator for that North Amer- 7 ican Industry Classification code, 8 per physical location of the busi- 9 ness concern or organization; and 10 ‘‘(bb) the business concern 11 or organization makes a good 12 faith certification that proceeds 13 of the loan will be used to sup- 14 port expenses at the component 15 of the business concern or orga- 16 nization that supports local or re- 17 gional news.’’; 18 (B) in clause (iv), by adding at the end the 19 following: 20 ‘‘(VI) any business concern or 21 other organization that was not eligi- 22 ble to receive a covered loan the day 23 before the date of enactment of this 24 subclause, is assigned a North Amer- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00316 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 317 •HR 1319 RH ican Industry Classification System 1 code of 519130, certifies in good faith 2 as an Internet-only news publisher or 3 Internet-only periodical publisher, and 4 is engaged in the collection and dis- 5 tribution of local or regional and na- 6 tional news and information, if the 7 business concern or organization— 8 ‘‘(aa) employs not more 9 than 500 employees, or the size 10 standard established by the Ad- 11 ministrator for that North Amer- 12 ican Industry Classification code, 13 per physical location of the busi- 14 ness concern or organization; and 15 ‘‘(bb) is majority owned or 16 controlled by a business concern 17 or organization that is assigned a 18 North American Industry Classi- 19 fication System code of 20 519130.’’; 21 (C) in clause (v), by striking ‘‘clause 22 (iii)(II), (iv)(IV), or (vii)’’ and inserting ‘‘sub- 23 clause (II), (III), or (IV) of clause (iii), sub- 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00317 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 318 •HR 1319 RH clause (IV) or (VI) of clause (iv), clause (vi), or 1 clause (vii)’’; and 2 (D) in clause (viii)(II)— 3 (i) by striking ‘‘business concern made 4 eligible by clause (iii)(II) or clause (iv)(IV) 5 of this subparagraph’’ and inserting ‘‘busi- 6 ness concern made eligible by subclause 7 (II) or (IV) of clause (iii) or subclause (IV) 8 or (VI) of clause (iv) of this subpara- 9 graph’’; and 10 (ii) by inserting ‘‘or organization’’ 11 after ‘‘business concern’’ each place it ap- 12 pears. 13 (2) ELIGIBILITY FOR SECOND DRAW LOANS.— 14 Section 7(a)(37)(A)(iv)(II) of the Small Business 15 Act, as amended by the Economic Aid to Hard-Hit 16 Small Businesses, Nonprofits, and Venues Act (title 17 III of division N of Public Law 116–260), is amend- 18 ed by striking ‘‘clause (iii)(II), (iv)(IV), or (vii)’’ and 19 inserting ‘‘subclause (II) or (III) of clause (iii), sub- 20 clause (IV) or (V) of clause (iv), clause (vi), or 21 clause (vii)’’. 22 (c) COORDINATION WITH CONTINUATION COVERAGE 23 PREMIUM ASSISTANCE.— 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00318 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 319 •HR 1319 RH (1) PAYCHECK PROTECTION PROGRAM.—Sec- 1 tion 7A(a)(12) of the Small Business Act (as redes- 2 ignated, transferred, and amended by section 304(b) 3 of the Economic Aid to Hard-Hit Small Businesses, 4 Nonprofits, and Venues Act (Public Law 116–260)) 5 is amended— 6 (A) by striking ‘‘CARES Act or’’ and in- 7 serting ‘‘CARES Act,’’; and 8 (B) by inserting before the period at the 9 end the following: ‘‘, or premiums taken into 10 account in determining the credit allowed under 11 section 6432 of the Internal Revenue Code of 12 1986’’. 13 (2) PAYCHECK PROTECTION PROGRAM SECOND 14 DRAW.—Section 7(a)(37)(J)(iii)(I) of the Small 15 Business Act, as amended by the Economic Aid to 16 Hard-Hit Small Businesses, Nonprofits, and Venues 17 Act (title III of division N of Public Law 116–260), 18 is amended— 19 (A) by striking ‘‘or’’ at the end of item 20 (aa); 21 (B) by striking the period at the end of 22 item (bb) and inserting ‘‘; or’’; and 23 (C) by adding at the end the following new 24 item: 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00319 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 320 •HR 1319 RH ‘‘(cc) premiums taken into 1 account in determining the credit 2 allowed under section 6432 of the 3 Internal Revenue Code of 1986.’’. 4 (3) APPLICABILITY.—The amendments made 5 by this subsection shall apply only with respect to 6 applications for forgiveness of covered loans made 7 under paragraphs (36) or (37) of section 7(a) of the 8 Small Business Act, as amended by the Economic 9 Aid to Hard-Hit Small Businesses, Nonprofits, and 10 Venues Act (title III of division N of Public Law 11 116–260), that are received on or after the date of 12 the enactment of this Act. 13 (d) COMMITMENT AUTHORITY AND APPROPRIA- 14 TIONS.— 15 (1) COMMITMENT AUTHORITY.—Section 16 1102(b)(1) of the CARES Act (Public Law 116– 17 136) is amended by striking ‘‘$806,450,000,000’’ 18 and inserting ‘‘$813,700,000,000’’. 19 (2) DIRECT APPROPRIATIONS.—In addition to 20 amounts otherwise available, there is appropriated to 21 the Administrator of the Small Business Administra- 22 tion for fiscal year 2021, out of any money in the 23 Treasury not otherwise appropriated, 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00320 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 321 •HR 1319 RH $7,250,000,000, to remain available until expended, 1 for carrying out this section. 2 SEC. 6002. TARGETED EIDL ADVANCE. 3 (a) DEFINITIONS.—In this section— 4 (1) the term ‘‘Administrator’’ means the Ad- 5 ministrator of the Small Business Administration; 6 (2) the terms ‘‘covered entity’’ and ‘‘economic 7 loss’’ have the meanings given the terms in section 8 331(a) of the Economic Aid to Hard-Hit Small 9 Businesses, Nonprofits, and Venues Act (title III of 10 division N of Public Law 116–260); 11 (3) the term ‘‘severely impacted small business’’ 12 means a covered entity that— 13 (A) has suffered an economic loss of great- 14 er than 50 percent; and 15 (B) employs not more than 10 employees; 16 (4) the term ‘‘substantially impacted small busi- 17 ness’’ means a covered entity that— 18 (A) employs not more than 10 employees; 19 and 20 (B) is not a severely impacted small busi- 21 ness; and 22 (5) the term ‘‘supplemental payment’’ means a 23 payment— 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00321 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 322 •HR 1319 RH (A) made by the Administrator under sec- 1 tion 1110(e) of the CARES Act (15 U.S.C. 2 9009(e)) to a severely impacted small business 3 or a substantially impacted small business; 4 (B) in an amount that is $5,000; and 5 (C) that, with respect to a covered entity, 6 is in addition to any payment made to the cov- 7 ered entity under section 1110(e) of the 8 CARES Act (15 U.S.C. 9009(e)) or section 331 9 of the Economic Aid to Hard-Hit Small Busi- 10 nesses, Nonprofits, and Venues Act (title III of 11 division N of Public Law 116–260). 12 (b) PAYMENTS.—The Administrator shall take the 13 following actions: 14 (1) Not later than 14 days after the date of the 15 enactment of this subsection, the Administrator shall 16 begin processing applications for payments, and may 17 make payments, to covered entities that have not re- 18 ceived the full amounts to which the covered entities 19 are entitled under section 331 of the Economic Aid 20 to Hard-Hit Small Businesses, Nonprofits, and 21 Venues Act (title III of division N of Public Law 22 116–260). 23 (2)(A) During the 14-day period beginning on 24 the date that is 28 days after the date of enactment 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00322 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 323 •HR 1319 RH of this subsection, and subject to the availability of 1 funds, the Administrator shall— 2 (i) begin processing applications for sup- 3 plemental payments to severely impacted small 4 businesses; and 5 (ii) continue to process applications for the 6 payments described in paragraph (1). 7 (B) During the period described in subpara- 8 graph (A), the Administrator may make supple- 9 mental payments to severely impacted small busi- 10 nesses, and payments described in paragraph (1), in 11 the order that the Administrator receives applica- 12 tions for those payments. 13 (3)(A) Beginning on the date that is 42 days 14 after the date of enactment of this subsection, and 15 subject to the availability of funds, the Adminis- 16 trator shall— 17 (i) begin processing applications for sup- 18 plemental payments to substantially impacted 19 small businesses; and 20 (ii) continue to process applications for the 21 supplemental payments described in paragraph 22 (2) and payments described in paragraph (1). 23 (B) During the period described in subpara- 24 graph (A), the Administrator may make supple- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00323 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 324 •HR 1319 RH mental payments to substantially impacted small 1 businesses, supplemental payments described in 2 paragraph (2), and payments described in paragraph 3 (1), in the order that the Administrator receives ap- 4 plications for those payments. 5 (c) APPROPRIATIONS.—In addition to amounts other- 6 wise available, there is appropriated to the Administrator 7 for fiscal year 2021, out of any money in the Treasury 8 not otherwise appropriated, $15,000,000,000, to remain 9 available until expended, for carrying out this section. 10 SEC. 6003. SUPPORT FOR RESTAURANTS. 11 (a) DEFINITIONS.—In this section: 12 (1) ADMINISTRATOR.—The term ‘‘Adminis- 13 trator’’ means the Administrator of the Small Busi- 14 ness Administration. 15 (2) AFFILIATED BUSINESS.—The term ‘‘affili- 16 ated business’’ means a business in which an eligible 17 entity has an equity or right to profit distributions 18 of not less than 50 percent, or in which an eligible 19 entity has the contractual authority to control the 20 direction of the business, provided that such affili- 21 ation shall be determined as of any arrangements or 22 agreements in existence as of March 13, 2020. 23 (3) COVERED PERIOD.—The term ‘‘covered pe- 24 riod’’ means the period— 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00324 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 325 •HR 1319 RH (A) beginning on February 15, 2020; and 1 (B) ending on December 31, 2021, or a 2 date to be determined by the Administrator 3 that is not later than 2 years after the date of 4 enactment of this section. 5 (4) ELIGIBLE ENTITY.—The term ‘‘eligible enti- 6 ty’’— 7 (A) means a restaurant, food stand, food 8 truck, food cart, caterer, saloon, inn, tavern, 9 bar, lounge, brewpub, tasting room, taproom, li- 10 censed facility or premise of a beverage alcohol 11 producer where the public may taste, sample, or 12 purchase products, or other similar place of 13 business in which the public or patrons assem- 14 ble for the primary purpose of being served food 15 or drink; 16 (B) includes an entity described in sub- 17 paragraph (A) that is located in an airport ter- 18 minal or that is a Tribally-owned concern; and 19 (C) does not include— 20 (i) an entity described in subpara- 21 graph (A) that— 22 (I) is a State or local govern- 23 ment-operated business; 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00325 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 326 •HR 1319 RH (II) as of March 13, 2020, owns 1 or operates (together with any affili- 2 ated business) more than 20 locations, 3 regardless of whether those locations 4 do business under the same or mul- 5 tiple names; or 6 (III) has a pending application 7 for or has received a grant under sec- 8 tion 324 of the Economic Aid to 9 Hard-Hit Small Businesses, Non- 10 profits, and Venues Act (title III of 11 division N of Public Law 116–260); 12 or 13 (ii) a publicly-traded company. 14 (5) EXCHANGE; ISSUER; SECURITY.—The terms 15 ‘‘exchange’’, ‘‘issuer’’, and ‘‘security’’ have the 16 meanings given those terms in section 3(a) of the 17 Securities Exchange Act of 1934 (15 U.S.C. 78c(a)). 18 (6) FUND.—The term ‘‘Fund’’ means the Res- 19 taurant Revitalization Fund established under sub- 20 section (b). 21 (7) PANDEMIC-RELATED REVENUE LOSS.—The 22 term ‘‘pandemic-related revenue loss’’ means, with 23 respect to an eligible entity— 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00326 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 327 •HR 1319 RH (A) except as provided in subparagraphs 1 (B), (C), and (D), the gross receipts, as estab- 2 lished using such verification documentation as 3 the Administrator may require, of the eligible 4 entity during 2020 subtracted from the gross 5 receipts of the eligible entity in 2019, if such 6 sum is greater than zero; 7 (B) if the eligible entity was not in oper- 8 ation for the entirety of 2019— 9 (i) the difference between— 10 (I) the product obtained by mul- 11 tiplying the average monthly gross re- 12 ceipts of the eligible entity in 2019 by 13 12; and 14 (II) the product obtained by mul- 15 tiplying the average monthly gross re- 16 ceipts of the eligible entity in 2020 by 17 12; or 18 (ii) an amount based on a formula de- 19 termined by the Administrator; 20 (C) if the eligible entity opened during the 21 period beginning on January 1, 2020, and end- 22 ing on the day before the date of enactment of 23 this section— 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00327 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 328 •HR 1319 RH (i) the expenses described in sub- 1 section (c)(5)(A) that were incurred by the 2 eligible entity minus any gross receipts re- 3 ceived; or 4 (ii) an amount based on a formula de- 5 termined by the Administrator; or 6 (D) if the eligible entity has not yet opened 7 as of the date of application for a grant under 8 subsection (c), but has incurred expenses de- 9 scribed in subsection (c)(5)(A) as of the date of 10 enactment of this section— 11 (i) the amount of those expenses; or 12 (ii) an amount based on a formula de- 13 termined by the Administrator. 14 For purposes of this paragraph, the pandemic-re- 15 lated revenue losses for an eligible entity shall be re- 16 duced by any amounts received from a covered loan 17 made under paragraph (36) or (37) of section 7(a) 18 of the Small Business Act (15 U.S.C. 636(a)) in 19 2020 or 2021. 20 (8) PAYROLL COSTS.—The term ‘‘payroll costs’’ 21 has the meaning given the term in section 22 7(a)(36)(A) of the Small Business Act (15 U.S.C. 23 636(a)(36)(A)), except that such term shall not in- 24 clude— 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00328 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 329 •HR 1319 RH (A) qualified wages (as defined in sub- 1 section (c)(3) of section 2301 of the CARES 2 Act) taken into account in determining the 3 credit allowed under such section 2301; or 4 (B) premiums taken into account in deter- 5 mining the credit allowed under section 6432 of 6 the Internal Revenue Code of 1986. 7 (9) PUBLICLY-TRADED COMPANY.—The term 8 ‘‘publicly-traded company’’ means an entity that is 9 majority owned or controlled by an entity that is an 10 issuer, the securities of which are listed on a na- 11 tional securities exchange under section 6 of the Se- 12 curities Exchange Act of 1934 (15 U.S.C. 78f). 13 (10) TRIBALLY-OWNED CONCERN.—The term 14 ‘‘Tribally-owned concern’’ has the meaning given the 15 term in section 124.3 of title 13, Code of Federal 16 Regulations, or any successor regulation. 17 (b) RESTAURANT REVITALIZATION FUND.— 18 (1) IN GENERAL.—There is established in the 19 Treasury of the United States a fund to be known 20 as the Restaurant Revitalization Fund. 21 (2) APPROPRIATIONS.— 22 (A) IN GENERAL.—In addition to amounts 23 otherwise available, there is appropriated to the 24 Restaurant Revitalization Fund for fiscal year 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00329 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 330 •HR 1319 RH 2021, out of any money in the Treasury not 1 otherwise appropriated, $25,000,000,000, to re- 2 main available until expended. 3 (B) DISTRIBUTION.— 4 (i) IN GENERAL.—Of the amounts 5 made available under subparagraph (A)— 6 (I) $5,000,000,000 shall be avail- 7 able to eligible entities with gross re- 8 ceipts during 2019 of not more than 9 $500,000; and 10 (II) $20,000,000,000 shall be 11 available to the Administrator to 12 award grants under subsection (c) in 13 an equitable manner to eligible enti- 14 ties of different sizes based on annual 15 gross receipts. 16 (ii) ADJUSTMENTS.—The Adminis- 17 trator may make adjustments as necessary 18 to the distribution of funds under clause 19 (i)(II) based on demand and the relative 20 local costs in the markets in which eligible 21 entities operate. 22 (C) GRANTS AFTER INITIAL PERIOD.— 23 Notwithstanding subparagraph (B), on and 24 after the date that is 60 days after the date of 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00330 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 331 •HR 1319 RH enactment of this section, or another period of 1 time determined by the Administrator, the Ad- 2 ministrator may make grants using amounts 3 appropriated under subparagraph (A) to any el- 4 igible entity regardless of the annual gross re- 5 ceipts of the eligible entity. 6 (3) USE OF FUNDS.—The Administrator shall 7 use amounts in the Fund to make grants described 8 in subsection (c). 9 (c) RESTAURANT REVITALIZATION GRANTS.— 10 (1) IN GENERAL.—Except as provided in sub- 11 section (b) and paragraph (3), the Administrator 12 shall award grants to eligible entities in the order in 13 which applications are received by the Adminis- 14 trator. 15 (2) APPLICATION.— 16 (A) CERTIFICATION.—An eligible entity 17 applying for a grant under this subsection shall 18 make a good faith certification that— 19 (i) the uncertainty of current eco- 20 nomic conditions makes necessary the 21 grant request to support the ongoing oper- 22 ations of the eligible entity; and 23 (ii) the eligible entity has not applied 24 for or received a grant under section 324 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00331 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 332 •HR 1319 RH of the Economic Aid to Hard-Hit Small 1 Businesses, Nonprofits, and Venues Act 2 (title III of division N of Public Law 116– 3 260). 4 (B) PREVENTION OF WASTE, FRAUD, AND 5 ABUSE.—The Administrator may impose re- 6 quirements on applicants for the purpose of re- 7 ducing waste, fraud, and abuse. 8 (C) BUSINESS IDENTIFIERS.—In accepting 9 applications for grants under this subsection, 10 the Administrator shall prioritize the ability of 11 each applicant to use their existing business 12 identifiers over requiring other forms of reg- 13 istration or identification that may not be com- 14 mon to their industry and imposing additional 15 burdens on applicants. 16 (3) PRIORITY IN AWARDING GRANTS.— 17 (A) IN GENERAL.—During the initial 21- 18 day period in which the Administrator awards 19 grants under this subsection, the Administrator 20 shall prioritize awarding grants to eligible enti- 21 ties that are small business concerns owned 22 controlled by women (as defined in section 3(n) 23 of the Small Business Act (15 U.S.C. 632(n))), 24 small business concerns owned and controlled 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00332 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 333 •HR 1319 RH by veterans (as defined in section 3(q) of such 1 Act (15 U.S.C. 632(q))), or socially and eco- 2 nomically disadvantaged small business con- 3 cerns (as defined in section 8(a)(4)(A) of the 4 Small Business Act (15 U.S.C. 637(a)(4)(A))). 5 The Administrator may take such steps as nec- 6 essary to ensure that eligible entities described 7 in this subparagraph have access to grant fund- 8 ing under this section after the end of such 21- 9 day period. 10 (B) CERTIFICATION.—For purposes of es- 11 tablishing priority under subparagraph (A), an 12 applicant shall submit a self-certification of eli- 13 gibility for priority with the grant application. 14 (4) GRANT AMOUNT.— 15 (A) AGGREGATE MAXIMUM AMOUNT.—The 16 aggregate amount of grants made to an eligible 17 entity and any affiliated businesses of the eligi- 18 ble entity under this subsection— 19 (i) shall not exceed $10,000,000; and 20 (ii) shall be limited to $5,000,000 per 21 physical location of the eligible entity. 22 (B) DETERMINATION OF GRANT 23 AMOUNT.— 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00333 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 334 •HR 1319 RH (i) IN GENERAL.—Except as provided 1 in this paragraph, the amount of a grant 2 made to an eligible entity under this sub- 3 section shall be equal to the pandemic-re- 4 lated revenue loss of the eligible entity. 5 (ii) RETURN TO TREASURY.—Any 6 amount of a grant made under this sub- 7 section to an eligible entity based on esti- 8 mated receipts that is greater than the ac- 9 tual gross receipts of the eligible entity in 10 2020 shall be returned to the Treasury. 11 (5) USE OF FUNDS.—During the covered pe- 12 riod, an eligible entity that receives a grant under 13 this subsection may use the grant funds for the fol- 14 lowing expenses incurred as a direct result of, or 15 during, the COVID–19 pandemic: 16 (A) Payroll costs. 17 (B) Payments of principal or interest on 18 any mortgage obligation (which shall not in- 19 clude any prepayment of principal on a mort- 20 gage obligation). 21 (C) Rent payments, including rent under a 22 lease agreement (which shall not include any 23 prepayment of rent). 24 (D) Utilities. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00334 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 335 •HR 1319 RH (E) Maintenance expenses, including— 1 (i) construction to accommodate out- 2 door seating; and 3 (ii) walls, floors, deck surfaces, fur- 4 niture, fixtures, and equipment. 5 (F) Supplies, including protective equip- 6 ment and cleaning materials. 7 (G) Food and beverage expenses that are 8 within the scope of the normal business practice 9 of the eligible entity before the covered period. 10 (H) Covered supplier costs, as defined in 11 section 7A(a) of the Small Business Act (as re- 12 designated, transferred, and amended by sec- 13 tion 304(b) of the Economic Aid to Hard-Hit 14 Small Businesses, Nonprofits, and Venues Act 15 (Public Law 116–260)). 16 (I) Operational expenses. 17 (J) Paid sick leave. 18 (K) Any other expenses that the Adminis- 19 trator determines to be essential to maintaining 20 the eligible entity. 21 (6) RETURNING FUNDS.—If an eligible entity 22 that receives a grant under this subsection fails to 23 use all grant funds or permanently ceases operations 24 on or before the last day of the covered period, the 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00335 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 336 •HR 1319 RH eligible entity shall return to the Treasury any funds 1 that the eligible entity did not use for the allowable 2 expenses under paragraph (5). 3 (7) LIMITATION WITH RESPECT TO PRIVATE 4 FUNDS.— 5 (A) DEFINITIONS.—In this paragraph: 6 (i) AFFILIATE.— 7 (I) IN GENERAL.—The term ‘‘af- 8 filiate’’ means, with respect to a per- 9 son, any other person directly or indi- 10 rectly controlling, controlled by, or 11 under direct or indirect common con- 12 trol with the person. 13 (II) CONTROL.—For purposes of 14 subclause (I), the term ‘‘control’’ 15 means the ability to make or block 16 management decisions of an entity. 17 (ii) EXECUTIVE.—The term ‘‘execu- 18 tive’’ means— 19 (I) any individual who serves an 20 executive or director of a person, in- 21 cluding the principal executive officer, 22 principal financial officer, comptroller 23 or principal accounting officer; and 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00336 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 337 •HR 1319 RH (II) an executive officer, as de- 1 fined in section 230.405 of title 17, 2 Code of Federal Regulations, or any 3 successor regulation. 4 (iii) PRIVATE FUND.—The term ‘‘pri- 5 vate fund’’ means an issuer that would be 6 an investment company, as defined in the 7 Investment Company Act of 1940 (15 8 U.S.C. 80a–1 et seq.), but for paragraph 9 (1) or (7) of section 3(c) of that Act (15 10 U.S.C. 80a–3(c)). 11 (B) ANTI-EVASION.—No company in which 12 a private fund holds an ownership interest that 13 has, directly or indirectly, received amounts 14 under this subsection may pay any distribu- 15 tions, dividends, consulting fees, advisory fees, 16 interest payments, or any other fees, expenses, 17 or charges in excess of 10 percent of the net 18 operating profits of the company operating 19 profits for the calendar year ending December 20 31, 2021 (and for each successive year until the 21 covered period has ended), to— 22 (i) a person registered as an invest- 23 ment adviser under the Investment Advis- 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00337 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 338 •HR 1319 RH ers Act of 1940 (15 U.S.C. 80b–1 et seq.) 1 who advises a private fund; 2 (ii) any affiliate of such adviser; 3 (iii) any executive of such adviser or 4 affiliate; or 5 (iv) any employee, consultant, or other 6 person with a contractual relationship to 7 provide services for or on behalf of such 8 adviser or affiliate. 9 SEC. 6004. COMMUNITY NAVIGATOR PILOT PROGRAM. 10 (a) DEFINITIONS.—In this section: 11 (1) ADMINISTRATION.—The term ‘‘Administra- 12 tion’’ means the Small Business Administration. 13 (2) ADMINISTRATOR.—The term ‘‘Adminis- 14 trator’’ means the Administrator of the Small Busi- 15 ness Administration. 16 (3) COMMUNITY NAVIGATOR SERVICES.—The 17 term ‘‘community navigator services’’ means the out- 18 reach, education, and technical assistance provided 19 by community navigators that target eligible busi- 20 nesses to increase awareness of, and participation in, 21 programs of the Small Business Administration. 22 (4) COMMUNITY NAVIGATOR.—The term ‘‘com- 23 munity navigator’’ means a community organization, 24 community financial institution as defined in section 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00338 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 339 •HR 1319 RH 7(a)(36)(A) of the Small Business Act (15 U.S.C. 1 636(a)(36)(A)), or other private nonprofit organiza- 2 tion engaged in the delivery of community navigator 3 services. 4 (5) ELIGIBLE BUSINESS.—The term ‘‘eligible 5 business’’ means any small business concern, with 6 priority for small business concerns owned and con- 7 trolled by women (as defined in section 3(n) of the 8 Small Business Act (15 U.S.C. 632(n))), small busi- 9 ness concerns owned and controlled by veterans (as 10 defined in section 3(q) of such Act (15 U.S.C. 11 632(q))), and socially and economically disadvan- 12 taged small business concerns (as defined in section 13 8(a)(4)(A) of the Small Business Act (15 U.S.C. 14 637(a)(4)(A))). 15 (6) PRIVATE NONPROFIT ORGANIZATION.—The 16 term ‘‘private nonprofit organization’’ means an en- 17 tity that is described in section 501(c) of the Inter- 18 nal Revenue Code of 1986 and exempt from tax 19 under section 501(a) of such Code. 20 (7) RESOURCE PARTNER.—The term ‘‘resource 21 partner’’ means— 22 (A) a small business development center 23 (as defined in section 3 of the Small Business 24 Act (15 U.S.C. 632)); 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00339 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 340 •HR 1319 RH (B) a women’s business center (as de- 1 scribed in section 29 of the Small Business Act 2 (15 U.S.C. 656)); and 3 (C) a chapter of the Service Corps of Re- 4 tired Executives (as defined in section 5 8(b)(1)(B) of the Act (15 U.S.C. 6 637(b)(1)(B))). 7 (8) SMALL BUSINESS CONCERN.—The term 8 ‘‘small business concern’’ has the meaning given 9 under section 3 of the Small Business Act (15 10 U.S.C. 632). 11 (9) STATE.—The term ‘‘State’’ means a State 12 of the United States, the District of Columbia, the 13 Commonwealth of Puerto Rico, the Virgin Islands, 14 American Samoa, the Commonwealth of the North- 15 ern Mariana Islands, and Guam, or an agency, in- 16 strumentality, or fiscal agent thereof. 17 (10) UNIT OF GENERAL LOCAL GOVERN- 18 MENT.—The term ‘‘unit of general local govern- 19 ment’’ means a county, city, town, village, or other 20 general purpose political subdivision of a State. 21 (b) COMMUNITY NAVIGATOR PILOT PROGRAM.— 22 (1) IN GENERAL.—The Administrator of the 23 Small Business Administration shall establish a 24 Community Navigator pilot program to make grants 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00340 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 341 •HR 1319 RH to, or enter into contracts or cooperative agreements 1 with, private nonprofit organizations, resource part- 2 ners, States, Tribes, and units of local government 3 to ensure the delivery of free community navigator 4 services to current or prospective owners of eligible 5 businesses in order to improve access to assistance 6 programs and resources made available because of 7 the COVID–19 pandemic by Federal, State, Tribal, 8 and local entities. 9 (2) APPROPRIATIONS.—In addition to amounts 10 otherwise available, there is appropriated to the Ad- 11 ministrator for fiscal year 2021, out of any money 12 in the Treasury not otherwise appropriated, 13 $100,000,000, to remain available until expended, 14 for carrying out this subsection. 15 (c) OUTREACH AND EDUCATION.— 16 (1) PROMOTION.—The Administrator shall de- 17 velop and implement a program to promote commu- 18 nity navigator services to current or prospective 19 owners of eligible businesses. 20 (2) CALL CENTER.—The Administrator shall 21 establish a telephone hotline to offer information 22 about Federal programs to assist eligible businesses 23 and offer referral services to resource partners, com- 24 munity navigators, potential lenders, and other per- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00341 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 342 •HR 1319 RH sons that the Administrator determines appropriate 1 for current or prospective owners of eligible busi- 2 nesses. 3 (3) OUTREACH.—The Administrator shall— 4 (A) conduct outreach and education, in the 5 10 most commonly spoken languages in the 6 United States, to current or prospective owners 7 of eligible businesses on community navigator 8 services and other Federal programs to assist 9 eligible businesses; 10 (B) improve the website of the Administra- 11 tion to describe such community navigator serv- 12 ices and other Federal programs; and 13 (C) implement an education campaign by 14 advertising in media targeted to current or pro- 15 spective owners of eligible businesses. 16 (4) APPROPRIATIONS.—In addition to amounts 17 otherwise available, there is appropriated to the Ad- 18 ministrator for fiscal year 2021, out of any money 19 in the Treasury not otherwise appropriated, 20 $75,000,000, to remain available until expended, for 21 carrying out this subsection. 22 (d) SUNSET.—The authority of the Administrator to 23 make grants under this section shall terminate on Decem- 24 ber 31, 2025. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00342 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 343 •HR 1319 RH SEC. 6005. SHUTTERED VENUE OPERATORS. 1 In addition to amounts otherwise available, there is 2 appropriated for fiscal year 2021, out of any money in 3 the Treasury not otherwise appropriated, $1,250,000,000, 4 to remain available until expended, to carry out section 5 324 of the Economic Aid to Hard-Hit Small Businesses, 6 Nonprofits, and Venues Act (title III of division N of Pub- 7 lic Law 116–260), of which $500,000 shall be used to pro- 8 vide technical assistance to help applicants access the Sys- 9 tem for Award Management (or any successor thereto) or 10 to assist applicants with an alternative grant application 11 system, which the Administrator of the Small Business 12 Administration may develop for use for grant programs 13 of the Small Business Administration. 14 SEC. 6006. DIRECT APPROPRIATIONS. 15 (a) IN GENERAL.—In addition to amounts otherwise 16 available, there is appropriated to the Administrator for 17 fiscal year 2021, out of any money in the Treasury not 18 otherwise appropriated, to remain available until ex- 19 pended— 20 (1) $840,000,000 for administrative expenses, 21 including to prevent, prepare for, and respond to the 22 COVID–19 pandemic, domestically or internation- 23 ally, including administrative expenses related to 24 paragraphs (36) and (37) of section 7(a) of the 25 Small Business Act, section 324 of the Economic 26 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00343 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 344 •HR 1319 RH Aid to Hard-Hit Small Businesses, Nonprofits, and 1 Venues Act (title III of division N of Public Law 2 116–260), section 6002 of this title, and section 3 6003 of this title; and 4 (2) $460,000,000 to carry out the disaster loan 5 program authorized by section 7(b) of the Small 6 Business Act (15 U.S.C. 636(b)), of which 7 $70,000,000 shall be for the cost of direct loans au- 8 thorized by such section and $390,000,000 shall be 9 for administrative expenses to carry out such pro- 10 gram. 11 (b) INSPECTOR GENERAL.—In addition to amounts 12 otherwise available, there is appropriated to the Inspector 13 General of the Small Business Administration for fiscal 14 year 2021, out of any money in the Treasury not otherwise 15 appropriated, $25,000,000, to remain available until ex- 16 pended, for necessary expenses of the Office of Inspector 17 General in carrying out the provisions of the Inspector 18 General Act of 1978. 19 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00344 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 345 •HR 1319 RH TITLE VII—COMMITTEE ON 1 TRANSPORTATION AND IN- 2 FRASTRUCTURE 3 Subtitle A—Transportation and 4 Infrastructure 5 SEC. 7001. FEDERAL EMERGENCY MANAGEMENT AGENCY 6 APPROPRIATION. 7 In addition to amounts otherwise available, there is 8 appropriated to the Federal Emergency Management 9 Agency for fiscal year 2021, out of any money in the 10 Treasury not otherwise appropriated, $50,000,000,000, to 11 remain available until September 30, 2025, for major dis- 12 asters declared pursuant to the Robert T. Stafford Dis- 13 aster Relief and Emergency Assistance Act (42 U.S.C. 14 5121 et sec.). 15 SEC. 7002. FUNERAL ASSISTANCE. 16 (a) IN GENERAL.—For the emergency declaration 17 issued by the President on March 13, 2020, pursuant to 18 section 501(b) of the Robert T. Stafford Disaster Relief 19 and Emergency Assistance Act (42 U.S.C. 5191(b)), and 20 for any subsequent major disaster declaration under sec- 21 tion 401 of such Act (42 U.S.C. 5170) that supersedes 22 such emergency declaration, the President shall provide fi- 23 nancial assistance to an individual or household to meet 24 disaster-related funeral expenses under section 408(e)(1) 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00345 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 346 •HR 1319 RH of the Robert T. Stafford Disaster Relief and Emergency 1 Assistance Act (42 U.S.C. 5174(e)(1)), for which the Fed- 2 eral cost share shall be 100 percent. 3 (b) USE OF FUNDS.—Funds appropriated under sec- 4 tion 7001 may be used to carry out subsection (a) of this 5 section. 6 SEC. 7003. ECONOMIC ADJUSTMENT ASSISTANCE. 7 (a) ECONOMIC DEVELOPMENT ADMINISTRATION AP- 8 PROPRIATION.—In addition to amounts otherwise avail- 9 able, there is appropriated for fiscal year 2021, out of any 10 money in the Treasury not otherwise appropriated, 11 $3,000,000,000, to remain available until September 30, 12 2022, to the Department of Commerce for economic ad- 13 justment assistance as authorized by sections 209 and 703 14 of the Public Works and Economic Development Act of 15 1965 (42 U.S.C. 3149 and 3233) to prevent, prepare for, 16 and respond to coronavirus and for necessary expenses for 17 responding to economic injury as a result of coronavirus. 18 (b) Of the funds provided by this section, up to 2 19 percent shall be used for Federal costs to administer such 20 assistance utilizing temporary Federal personnel as may 21 be necessary consistent with the requirements applicable 22 to such administrative funding in fiscal year 2020 to pre- 23 vent, prepare for, and respond to coronavirus and which 24 shall remain available until September 30, 2027. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00346 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 347 •HR 1319 RH (c) Of the funds provided by this section, 15 percent 1 shall be for assistance to communities that have suffered 2 economic injury as a result of job losses in the travel, tour- 3 ism, or outdoor recreation sectors. 4 (d) The total amount provided by this section shall 5 be allocated to eligible recipients in the States and Terri- 6 tories according to the total level of economic injury of 7 such States and Territories as a result of coronavirus be- 8 ginning on March 1, 2020, as measured by the change 9 in economic activity, demonstrated by current Federal eco- 10 nomic data sources such as unemployment claims and 11 gross domestic product, before and after such date. 12 SEC. 7004. GREAT LAKES ST. LAWRENCE SEAWAY DEVELOP- 13 MENT CORPORATION OPERATIONS AND 14 MAINTENANCE. 15 In addition to amounts otherwise available, there is 16 appropriated for fiscal year 2021, out of amounts not oth- 17 erwise appropriated from the Harbor Maintenance Trust 18 Fund pursuant to section 210 of the Water Resources De- 19 velopment Act of 1986 (33 U.S.C. 2238), $1,500,000, to 20 remain available until expended, to prevent, prepare for, 21 and respond to coronavirus by conducting the operations, 22 maintenance, and capital infrastructure activities of the 23 Seaway International Bridge. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00347 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 348 •HR 1319 RH SEC. 7005. GRANTS TO THE NATIONAL RAILROAD PAS- 1 SENGER CORPORATION. 2 (a) NORTHEAST CORRIDOR APPROPRIATION.—In ad- 3 dition to amounts otherwise available, there is appro- 4 priated for fiscal year 2021, out of any money in the 5 Treasury not otherwise appropriated, $820,388,160, to re- 6 main available until September 30, 2024, for grants as 7 authorized under section 11101(a) of the FAST Act (Pub- 8 lic Law 114–94) to prevent, prepare for, and respond to 9 coronavirus. 10 (b) NATIONAL NETWORK APPROPRIATION.—In addi- 11 tion to amounts otherwise available, there is appropriated 12 for fiscal year 2021, out of any money in the Treasury 13 not otherwise appropriated, $679,611,840, to remain 14 available until September 30, 2024, for grants as author- 15 ized under section 11101(b) of the FAST Act (Public Law 16 114–94) to prevent, prepare for, and respond to 17 coronavirus. 18 (c) LONG-DISTANCE SERVICE RESTORATION AND 19 EMPLOYEE RECALLS.—Not less than $165,926,000 of the 20 aggregate amounts made available under subsections (a) 21 and (b) shall be for use by the National Railroad Pas- 22 senger Corporation to— 23 (1) restore, not later than 90 days after the 24 date of enactment of this Act, the frequency of rail 25 service on long-distance routes (as defined in section 26 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00348 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 349 •HR 1319 RH 24102 of title 49, United States Code) that the Na- 1 tional Railroad Passenger Corporation reduced the 2 frequency of on or after July 1, 2020, and continue 3 to operate such service at such frequency; and 4 (2) recall and manage employees furloughed on 5 or after October 1, 2020, as a result of efforts to 6 prevent, prepare for, and respond to coronavirus. 7 (d) USE OF FUNDS IN LIEU OF CAPITAL PAY- 8 MENTS.—Not less than $109,805,000 of the aggregate 9 amounts made available under subsections (a) and (b)— 10 (1) shall be for use by the National Railroad 11 Passenger Corporation in lieu of capital payments 12 from States and commuter rail passenger transpor- 13 tation providers that are subject to the cost alloca- 14 tion policy under section 24905(c) of title 49, United 15 States Code; and 16 (2) notwithstanding sections 24319(g) and 17 24905(c)(1)(A)(i) of title 49, United States Code, 18 such amounts do not constitute cross-subsidization 19 of commuter rail passenger transportation. 20 (e) USE OF FUNDS FOR STATE PAYMENTS FOR 21 STATE-SUPPORTED ROUTES.— 22 (1) IN GENERAL.—Of the amounts made avail- 23 able under subsection (b), $174,850,000 shall be for 24 use by the National Railroad Passenger Corporation 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00349 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 350 •HR 1319 RH to offset amounts required to be paid by States for 1 covered State-supported routes. 2 (2) FUNDING SHARE.—The share of funding 3 provided under paragraph (1) with respect to a cov- 4 ered State-supported route shall be distributed as 5 follows: 6 (A) Each covered State-supported route 7 shall receive 7 percent of the costs allocated to 8 the route in fiscal year 2019 under the cost al- 9 location methodology adopted pursuant to sec- 10 tion 209 of the Passenger Rail Investment and 11 Improvement Act of 2008 (Public Law 110– 12 432). 13 (B) Any remaining amounts after the dis- 14 tribution described in subparagraph (A) shall be 15 apportioned to each covered State-supported 16 route in proportion to the passenger revenue of 17 such route and other revenue allocated to such 18 route in fiscal year 2019 divided by the total 19 passenger revenue and other revenue allocated 20 to all covered State-supported routes in fiscal 21 year 2019. 22 (3) COVERED STATE-SUPPORTED ROUTE DE- 23 FINED.—In this subsection, the term ‘‘covered 24 State-supported route’’ means a State-supported 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00350 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 351 •HR 1319 RH route, as such term is defined in section 24102 of 1 title 49, United States Code, but does not include a 2 State-supported route for which service was termi- 3 nated on or before February 1, 2020. 4 (f) USE OF FUNDS FOR DEBT REPAYMENT OR PRE- 5 PAYMENT.—Not more than $100,885,000 of the aggre- 6 gate amounts made available under subsections (a) and 7 (b) shall be— 8 (1) for the repayment or prepayment of debt in- 9 curred by the National Railroad Passenger Corpora- 10 tion under financing arrangements entered into prior 11 to the date of enactment of this Act; and 12 (2) to pay required reserves, costs, and fees re- 13 lated to such debt, including for loans from the De- 14 partment of Transportation and loans that would 15 otherwise have been paid from National Railroad 16 Passenger Corporation revenues. 17 (g) PROJECT MANAGEMENT OVERSIGHT.—Not more 18 than $2,000,000 of the aggregate amounts made available 19 under subsections (a) and (b) shall be for activities author- 20 ized under section 11101(c) of the FAST Act (Public Law 21 114–94). 22 SEC. 7006. FEDERAL TRANSIT ADMINISTRATION GRANTS. 23 (a) FEDERAL TRANSIT ADMINISTRATION APPRO- 24 PRIATION.— 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00351 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 352 •HR 1319 RH (1) IN GENERAL.—In addition to amounts oth- 1 erwise made available, there are appropriated for fis- 2 cal year 2021, out of any funds in the Treasury not 3 otherwise appropriated, $30,000,000,000, to remain 4 available until September 30, 2024, that shall— 5 (A) be for grants under chapter 53 of title 6 49, United States Code, to eligible recipients to 7 prevent, prepare for, and respond to 8 coronavirus; and 9 (B) not be subject to any prior restriction 10 on the total amount of funds available for im- 11 plementation or execution of programs author- 12 ized under sections 5307, 5310, or 5311 of 13 such title. 14 (2) AVAILABILITY OF FUNDS FOR OPERATING 15 EXPENSES.— 16 (A) IN GENERAL.—Notwithstanding sub- 17 section (a)(1) or (b) of section 5307 of title 49, 18 United States Code, section 5310(b)(2)(A), or 19 any other provision of chapter 53 of such title, 20 funds provided under this section, other than 21 subsection (b)(4), shall be available for the op- 22 erating expenses of transit agencies to prevent, 23 prepare for, and respond to the coronavirus 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00352 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 353 •HR 1319 RH public health emergency, including, beginning 1 on January 20, 2020— 2 (i) reimbursement for payroll of public 3 transportation (including payroll and ex- 4 penses of private providers of public trans- 5 portation); 6 (ii) operating costs to maintain service 7 due to lost revenue due as a result of the 8 coronavirus public health emergency, in- 9 cluding the purchase of personal protective 10 equipment; and 11 (iii) paying the administrative leave of 12 operations or contractor personnel due to 13 reductions in service. 14 (B) USE OF FUNDS.—Funds described in 15 subparagraph (A) shall be— 16 (i) available for immediate obligation, 17 notwithstanding the requirement for such 18 expenses to be included in a transportation 19 improvement program, long-range trans- 20 portation plan, statewide transportation 21 plan, or statewide transportation improve- 22 ment program under sections 5303 and 23 5304 of title 49, United States Code; 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00353 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 354 •HR 1319 RH (ii) directed to payroll and operations 1 of public transportation (including payroll 2 and expenses of private providers of public 3 transportation), unless the recipient cer- 4 tifies to the Secretary that the recipient 5 has not furloughed any employees; 6 (iii) subject to the requirements of 7 section 5333 of such title, notwithstanding 8 any waiver authority under section 5324 of 9 such title; and 10 (iv) used to provide a Federal share of 11 the costs for any grant made under this 12 section of 100 percent, notwithstanding 13 any provision of chapter 53 of such title. 14 (b) ALLOCATION OF FUNDS.— 15 (1) URBANIZED AREA FORMULA GRANTS.— 16 (A) IN GENERAL.—Of the amounts made 17 available under subsection (a), $26,086,580,227 18 shall be for grants to recipients and subrecipi- 19 ents under section 5307 of title 49, United 20 States Code, and shall be administered as if 21 such funds were provided under section 5307 of 22 such title. 23 (B) ALLOCATION.—Amounts made avail- 24 able under subparagraph (A) shall be appor- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00354 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 355 •HR 1319 RH tioned to urbanized areas based on data con- 1 tained in the National Transit Database such 2 that— 3 (i) each urbanized area shall receive 4 an apportionment of an amount that, when 5 combined with amounts that were other- 6 wise made available to such urbanized area 7 for similar activities to prevent, prepare 8 for, and respond to coronavirus, is equal to 9 132 percent of the urbanized area’s 2018 10 operating costs; and 11 (ii) for funds remaining after the ap- 12 portionment described in clause (i), such 13 funds shall be apportioned such that— 14 (I) each urbanized area that did 15 not receive an apportionment under 16 clause (i) shall receive an apportion- 17 ment equal to 25 percent of the ur- 18 banized area’s 2018 operating costs; 19 and 20 (II) each urbanized area under 21 clause (i), when the amounts that 22 were otherwise made available, prior 23 to clause (i) to that urbanized area 24 for similar activities to prevent, pre- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00355 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 356 •HR 1319 RH pare for, and respond to coronavirus 1 are equal to or greater than 130 per- 2 cent of the urbanized area’s 2018 op- 3 erating costs but do not exceed 132 4 percent of such costs, such urbanized 5 area shall receive an apportionment 6 equal to 10 percent of the urbanized 7 area’s 2018 operating costs, in addi- 8 tion to amounts apportioned to the 9 urbanized area under clause (i). 10 (2) FORMULA GRANTS FOR THE ENHANCED 11 MOBILITY OF SENIORS AND INDIVIDUALS WITH DIS- 12 ABILITIES.— 13 (A) IN GENERAL.—Of the amounts made 14 available under subsection (a), $50,000,000 15 shall be for grants to recipients or subrecipients 16 eligible under section 5310 of title 49, United 17 States Code, and shall be apportioned in ac- 18 cordance with such section. 19 (B) ALLOCATION RATIO.—Amounts made 20 available under subparagraph (A) shall be allo- 21 cated in the same ratio as funds were provided 22 under section 5310 of title 49, United States 23 Code, for fiscal year 2020. 24 (3) FORMULA GRANTS FOR RURAL AREAS.— 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00356 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 357 •HR 1319 RH (A) IN GENERAL.—Of the amounts made 1 available under subsection (a), $280,858,479 2 shall be for grants to recipients or subrecipients 3 eligible under section 5311 of title 49, United 4 States Code, other than subsections (b)(3) and 5 (c)(1)(B) of such section and shall be adminis- 6 tered as if the funds were provided under sec- 7 tion 5311 of such title. 8 (B) ALLOCATION RATIO.—Amounts made 9 available under subparagraph (A) shall be allo- 10 cated to States, as defined in section 5302 of 11 title 49, United States Code, based on data con- 12 tained in the National Transit Database, such 13 that— 14 (i) any State that received an amount 15 for similar activities to prevent, prepare 16 for, and respond to coronavirus that is 17 equal to or greater than 150 percent of the 18 combined 2018 rural operating costs of the 19 recipients and subrecipients in such State 20 shall receive an amount equal to 5 percent 21 of such State’s 2018 rural operating costs; 22 (ii) any State that does not receive an 23 allocation under clause (i) that received an 24 amount for similar activities to prevent, 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00357 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 358 •HR 1319 RH prepare for, and respond to coronavirus 1 that is equal to or greater than 140 per- 2 cent of the combined 2018 rural operating 3 costs of the recipients and subrecipients in 4 that State shall receive an amount equal to 5 10 percent of such State’s 2018 rural op- 6 erating costs; and 7 (iii) any State that does not receive an 8 allocation under clauses (i) or (ii) shall re- 9 ceive an amount equal to 20 percent of 10 such State’s 2018 rural operating costs. 11 (4) CAPITAL INVESTMENTS.— 12 (A) IN GENERAL.—Of the amounts made 13 available under subsection (a)— 14 (i) $1,000,000,000 shall be for grants 15 administered under subsections (d) and (e) 16 of section 5309 of title 49, United States 17 Code, and section 3005(b) of the FAST 18 Act (Public Law 114–94); and 19 (ii) $250,000,000 shall be for grants 20 administered under subsection (h) of sec- 21 tion 5309 of title 49, United States Code. 22 (B) FUNDING DISTRIBUTION.— 23 (i) Amounts made available in sub- 24 paragraph (A)(i) shall be proportionally 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00358 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 359 •HR 1319 RH provided to each recipient to all projects 1 with existing full funding grant agreements 2 and all projects under section 3005(b) of 3 Public Law 114–94 that received alloca- 4 tions for fiscal year 2019 or 2020, except 5 that recipients with projects open for rev- 6 enue service are not eligible to receive a 7 grant under this paragraph. 8 (ii) For amounts made available in 9 subparagraph (A)(ii), eligible recipients 10 shall be any recipient of an allocation 11 under subsection (h) of section 5309 of 12 title 49, United States Code, or an appli- 13 cant in the project development phase de- 14 scribed in paragraph (2) of such sub- 15 section. 16 (iii) Amounts distributed under 17 clauses (i) and (ii) of subparagraph (A) 18 shall be provided notwithstanding the limi- 19 tation of any calculation of the maximum 20 amount of Federal financial assistance for 21 the project under subsection (k)(2)(C)(ii) 22 or (h)(7) of section 5309 of title 49, 23 United States Code, or section 3005(b)(9) 24 of the FAST Act (Public Law 114–94). 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00359 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 360 •HR 1319 RH (5) SECTION 5311(F) SERVICES.— 1 (A) IN GENERAL.—Of the amounts made 2 available under subsection (a) and in addition 3 to the amounts made available under paragraph 4 (3), $100,000,000 shall be available for grants 5 to recipients for bus operators that partner with 6 recipients or subrecipients of funds under sec- 7 tion 5311(f) of title 49, United States Code. 8 (B) ALLOCATION RATIO.—Notwithstanding 9 paragraph (3), the Secretary shall allocate 10 amounts under subparagraph (A) in the same 11 ratio as funds were provided under section 12 5311 of title 49, United States Code, for fiscal 13 year 2020. 14 (C) EXCEPTION.—If a State or territory 15 does not have bus providers eligible under sec- 16 tion 5311(f) of title 49, United States Code, 17 funds under this paragraph may be used by 18 such State or territory for any expense eligible 19 under section 5311 of title 49, United States 20 Code. 21 (6) PLANNING.— 22 (A) IN GENERAL.—Of the amounts made 23 available under subsection (a), $25,000,000 24 shall be for grants to recipients eligible under 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00360 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 361 •HR 1319 RH section 5307 of title 49, United States Code, 1 for the planning of public transportation associ- 2 ated with the restoration of services as the 3 coronavirus public health emergency concludes 4 and shall be available in accordance with such 5 section. 6 (B) AVAILABILITY OF FUNDS FOR ROUTE 7 PLANNING.—Amounts made available under 8 subparagraph (A) shall be available for route 9 planning designed to— 10 (i) increase ridership and reduce trav- 11 el times, while maintaining or expanding 12 the total level of vehicle revenue miles of 13 service provided in the planning period; or 14 (ii) make service adjustments to in- 15 crease the quality or frequency of service 16 provided to low-income riders and dis- 17 advantaged neighborhoods or communities. 18 (C) LIMITATION.—Amounts made available 19 under subparagraph (A) shall not be used for 20 route planning related to transitioning public 21 transportation service provided as of the date of 22 receipt of funds to a transportation network 23 company or other third-party contract provider, 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00361 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 362 •HR 1319 RH unless the existing provider of public transpor- 1 tation service is a third-party contract provider. 2 (7) RECIPIENTS AND SUBRECIPIENTS REQUIR- 3 ING ADDITIONAL ASSISTANCE.— 4 (A) IN GENERAL.—Of the amounts made 5 available under subsection (a), $2,207,561,294 6 shall be for grants to eligible recipients or sub- 7 recipients of funds under chapter 53 of title 49, 8 United States Code, that, as a result of 9 COVID–19, require additional assistance to 10 maintain operations. 11 (B) ADMINISTRATION.—Funds made avail- 12 able under subparagraph (A) shall, after alloca- 13 tion, be administered as if provided under sub- 14 sections (b)(1) or (b)(3), as applicable. 15 (C) APPLICATION REQUIREMENTS.— 16 (i) IN GENERAL.—The Secretary may 17 not allocate funds to an eligible recipient 18 or subrecipient of funds under chapter 53 19 of title 49, United States Code, unless the 20 recipient provides to the Secretary— 21 (I) estimates of financial need; 22 (II) data on reductions in farebox 23 or other sources of local revenue for 24 sustained operations; and 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00362 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 363 •HR 1319 RH (III) a spending plan for such 1 funds. 2 (ii) EVALUATION.— 3 (I) IN GENERAL.—Applications 4 for assistance under this paragraph 5 shall be evaluated by the Secretary 6 based on the level of financial need 7 demonstrated by an eligible recipient 8 or subrecipient, including projections 9 of future financial need to maintain 10 service as a percentage of the 2018 11 operating costs that has not been re- 12 placed by the funds made available to 13 the eligible recipient or subrecipient 14 under paragraphs (1) through (5) of 15 this subsection when combined with 16 the amounts allocated to such eligible 17 recipient or subrecipient from funds 18 previously made available for the op- 19 erating expenses of transit agencies 20 related to the response to the 21 COVID–19 public health emergency. 22 (II) RESTRICTION.—Amounts 23 made available under this paragraph 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00363 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 364 •HR 1319 RH shall only be available for operating 1 expenses. 2 (iv) STATE APPLICANTS.—A State 3 may apply for assistance under this para- 4 graph on behalf of an eligible recipient or 5 subrecipient, or a group of eligible recipi- 6 ents or subrecipients. 7 (D) UNOBLIGATED FUNDS.—If amounts 8 made available under this paragraph remain 9 unobligated on September 30, 2023, such 10 amounts shall be available for any purpose eligi- 11 ble under section 5324 of title 49, United 12 States Code. 13 SEC. 7007. RELIEF FOR AIRPORTS. 14 (a) IN GENERAL.— 15 (1) IN GENERAL.—In addition to amounts oth- 16 erwise available, there is appropriated for fiscal year 17 2021, out of any funds in the Treasury not other- 18 wise appropriated, $8,000,000,000, to remain avail- 19 able until September 30, 2024, for assistance to air- 20 ports under sections 47101 through 47144 of title 21 49, United States Code, to be made available to pre- 22 vent, prepare for, and respond to coronavirus. 23 (2) REQUIREMENTS AND LIMITATIONS.— 24 Amounts made available under this section— 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00364 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 365 •HR 1319 RH (A) shall not be subject to the require- 1 ments of chapter 471 of title 49, United States 2 Code, except the requirements of chapter 471 3 (other than eligibility requirements) shall apply 4 to any contract awarded after the date of enact- 5 ment of this Act for airport development; 6 (B) may not be used for any purpose not 7 directly related to the airport; and 8 (C) may not be provided to any airport 9 that was allocated in excess of 4 years of oper- 10 ating funds to prevent, prepare for, and re- 11 spond to coronavirus in fiscal year 2020. 12 (b) ALLOCATIONS.—The following terms shall apply 13 to the amounts made available under this section: 14 (1) OPERATING EXPENSES AND DEBT SERVICE 15 PAYMENTS.— 16 (A) IN GENERAL.—Not more than 17 $6,492,000,000 shall be made available for pri- 18 mary airports, as such term is defined in sec- 19 tion 47102 of title 49, United States Code, and 20 certain cargo airports, for costs related to oper- 21 ations, personnel, cleaning, sanitization, jani- 22 torial services, combating the spread of patho- 23 gens at the airport, and debt service payments. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00365 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 366 •HR 1319 RH (B) DISTRIBUTION.— Amounts made 1 available under this paragraph— 2 (i) shall not be subject to the reduced 3 apportionments under section 47114(f) of 4 title 49, United States Code; 5 (ii) shall first be apportioned as set 6 forth in sections 47114(c)(1)(A), 7 47114(c)(1)(C)(i), 47114(c)(1)(C)(ii), 8 47114(c)(2)(A), 47114(c)(2)(B), and 9 47114(c)(2)(E) of title 49, United States 10 Code; and 11 (iii) shall not be subject to a max- 12 imum apportionment limit set forth in sec- 13 tion 47114(c)(1)(B) of title 49, United 14 States Code. 15 (C) REMAINING AMOUNTS.—Any amount 16 remaining after distribution under subpara- 17 graph (B) shall be distributed to the sponsor of 18 each primary airport (as such term is defined 19 in section 47102 of title 49, United States 20 Code) based on each such primary airport’s 21 passenger enplanements compared to the total 22 passenger enplanements of all such primary air- 23 ports in calendar year 2019. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00366 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 367 •HR 1319 RH (2) FEDERAL SHARE FOR DEVELOPMENT 1 PROJECTS.— 2 (A) IN GENERAL.—Not more than 3 $608,000,000 allocated under subsection (a)(1) 4 shall be available to pay a Federal share of 100 5 percent of the costs for any grant awarded in 6 fiscal year 2021, or in fiscal year 2020 with less 7 than a 100-percent Federal share, for an air- 8 port development project (as such term is de- 9 fined in section 47102 of title 49). 10 (B) REMAINING AMOUNTS.—Any amount 11 remaining under this paragraph shall be distrib- 12 uted as described in paragraph (1)(C). 13 (3) NONPRIMARY AIRPORTS.— 14 (A) IN GENERAL.—Not more than 15 $100,000,000 shall be made available for gen- 16 eral aviation and commercial service airports 17 that are not primary airports (as such terms 18 are defined in section 47102 of title 49, United 19 States Code) for costs related to operations, 20 personnel, cleaning, sanitization, janitorial serv- 21 ices, combating the spread of pathogens at the 22 airport, and debt service payments. 23 (B) DISTRIBUTION.—Amounts made avail- 24 able under this paragraph shall be apportioned 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00367 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 368 •HR 1319 RH to each non-primary airport based on the cat- 1 egories published in the most current National 2 Plan of Integrated Airport Systems, reflecting 3 the percentage of the aggregate published eligi- 4 ble development costs for each such category, 5 and then dividing the allocated funds evenly 6 among the eligible airports in each category, 7 rounding up to the nearest thousand dollars. 8 (C) REMAINING AMOUNTS.—Any amount 9 remaining under this paragraph shall be distrib- 10 uted as described in paragraph (1)(C). 11 (4) AIRPORT CONCESSIONS.— 12 (A) IN GENERAL.—Not more than 13 $800,000,000 shall be made available for spon- 14 sors of primary airports to provide relief from 15 rent and minimum annual guarantees to airport 16 concessions, of which at least $640,000,000 17 shall be available to provide relief to eligible 18 small airport concessions and of which at least 19 $160,000,000 shall be available to provide relief 20 to eligible large airport concessions located at 21 primary airports. 22 (B) DISTRIBUTION.—The amounts made 23 available for each set-aside in this paragraph 24 shall be distributed to the sponsor of each pri- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00368 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 369 •HR 1319 RH mary airport (as such term is defined in section 1 47102 of title 49, United States Code) based on 2 each such primary airport’s passenger 3 enplanements compared to the total passenger 4 enplanements of all such primary airports in 5 calendar year 2019. 6 (C) CONDITIONS.—As a condition of ap- 7 proving a grant under this paragraph— 8 (i) the sponsor shall provide such re- 9 lief from the date of enactment of this Act 10 until the sponsor has provided relief equal- 11 ing the total grant amount, to the extent 12 practicable and to the extent permissible 13 under State laws, local laws, and applicable 14 trust indentures; and 15 (ii) for each set-aside, the sponsor 16 shall provide relief from rent and minimum 17 annual guarantee obligations to each eligi- 18 ble airport concession in an amount that 19 reflects each eligible airport concession’s 20 proportional share of the total amount of 21 the rent and minimum annual guarantees 22 of those eligible airport concessions at such 23 airport. 24 (c) ADMINISTRATION.— 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00369 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 370 •HR 1319 RH (1) ADMINISTRATIVE EXPENSES.—The Admin- 1 istrator of the Federal Aviation Administration may 2 retain up to 0.1 percent of the funds provided under 3 this section to fund the award of, and oversight by 4 the Administrator of, grants made under this sec- 5 tion. 6 (2) WORKFORCE RETENTION REQUIRE- 7 MENTS.— 8 (A) REQUIRED RETENTION.—All airports 9 receiving funds under this section shall continue 10 to employ, through September 30, 2021, at 11 least 90 percent of the number of individuals 12 employed (after making adjustments for retire- 13 ments or voluntary employee separations) by 14 the airport as of March 27, 2020. 15 (B) WAIVER OF RETENTION REQUIRE- 16 MENT.—The Secretary shall waive the work- 17 force retention requirement if the Secretary de- 18 termines that— 19 (i) the airport is experiencing eco- 20 nomic hardship as a direct result of the re- 21 quirement; or 22 (ii) the requirement reduces aviation 23 safety or security. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00370 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 371 •HR 1319 RH (C) EXCEPTION.—The workforce retention 1 requirement shall not apply to nonhub airports 2 or nonprimary airports receiving funds under 3 this section. 4 (d) DEFINITIONS.—In this section: 5 (1) ELIGIBLE LARGE AIRPORT CONCESSION.— 6 The term ‘‘eligible large airport concession’’ means 7 a concession (as defined in section 23.3 of title 49, 8 Code of Federal Regulations), that is in-terminal 9 and has maximum gross receipts, averaged over the 10 previous three fiscal years, of more than 11 $56,420,000. 12 (2) ELIGIBLE SMALL AIRPORT CONCESSION.— 13 The term ‘‘eligible small airport concession’’ means 14 a concession (as defined in section 23.3 of title 49, 15 Code of Federal Regulations), that is in-terminal 16 and— 17 (A) a small business with maximum gross 18 receipts, averaged over the previous 3 fiscal 19 years, of less than $56,420,000; or 20 (B) is a joint venture (as defined in section 21 23.3 of title 49, Code of Federal Regulations). 22 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00371 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 372 •HR 1319 RH Subtitle B—Aviation 1 Manufacturing Jobs Protection 2 SEC. 7101. DEFINITIONS. 3 In this subtitle: 4 (1) ELIGIBLE EMPLOYEE GROUP.—The term 5 ‘‘eligible employee group’’ means the portion of an 6 employer’s United States workforce that— 7 (A) does not exceed 25 percent of the em- 8 ployer’s total United States workforce as of 9 April 1, 2020; and 10 (B) contains only employees with a total 11 compensation level of $200,000 or less per year; 12 and 13 (C) is engaged in aviation manufacturing 14 activities and services, or maintenance, repair, 15 and overhaul activities and services. 16 (2) AVIATION MANUFACTURING COMPANY.— 17 The term ‘‘aviation manufacturing company’’ means 18 a corporation, firm, or other business entity— 19 (A) that— 20 (i) actively manufactures an aircraft, 21 aircraft engine, propeller, or a component, 22 part, or systems of an aircraft or aircraft 23 engine under a Federal Aviation Adminis- 24 tration production approval; or 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00372 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 373 •HR 1319 RH (ii) holds a certificate issued under 1 part 145 of title 14, Code of Federal Regu- 2 lations, for maintenance, repair, and over- 3 haul of aircraft, aircraft engines, compo- 4 nents, or propellers. 5 (B) which, as supported by demonstrable 6 evidence— 7 (i) is established, created, or orga- 8 nized in the United States or under the 9 laws of the United States; and 10 (ii) has significant operations in, and 11 a majority of its employees engaged in 12 aviation manufacturing activities and serv- 13 ices, or maintenance, repair, and overhaul 14 activities and services based in the United 15 States; 16 (C) which, as supported by demonstrable 17 evidence, has involuntarily furloughed or laid 18 off at least 10 percent of its workforce in 2020 19 as compared to 2019 or has experienced at 20 least a 15 percent decline in 2020 revenues as 21 compared to 2019; 22 (D) that, as supported by sworn financial 23 statements or other appropriate data, has iden- 24 tified the eligible employee group and the 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00373 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 374 •HR 1319 RH amount of total compensation level for the eligi- 1 ble employee group; 2 (E) that agrees to provide private con- 3 tributions and maintain the total compensation 4 level for the eligible employee group for the du- 5 ration of an agreement under this subtitle; 6 (F) that agrees to provide immediate no- 7 tice and justification to the Secretary of invol- 8 untary furloughs or layoffs exceeding 10 per- 9 cent of the workforce that is not included in an 10 eligible employee group for the duration of an 11 agreement and receipt of public contributions 12 under this subtitle; 13 (G) that has not conducted involuntary 14 furloughs or reduced pay rates or benefits for 15 the eligible employee group, subject to the em- 16 ployer’s right to discipline or terminate an em- 17 ployee in accordance with employer policy, be- 18 tween the date of application and the date on 19 which such a corporation, firm, or other busi- 20 ness entity enters into an agreement with the 21 Secretary under this subtitle; and 22 (H) that— 23 (i) in the case of a corporation, firm, 24 or other business entity including any par- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00374 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 375 •HR 1319 RH ent company or subsidiary of such a cor- 1 poration, firm, or other business entity, 2 that holds any type or production certifi- 3 cate or similar authorization issued under 4 section 44704 of title 49, United States 5 Code, with respect to a transport-category 6 airplane covered under part 25 of title 14, 7 Code of Federal Regulations, certificated 8 with a passenger seating capacity of 50 or 9 more, agrees to refrain from conducting in- 10 voluntary layoffs or furloughs, or reducing 11 pay rates and benefits, for the eligible em- 12 ployee group, subject to the employer’s 13 right to discipline or terminate an em- 14 ployee in accordance with employer policy 15 from the date of agreement until Sep- 16 tember 30, 2021, or the duration of the 17 agreement and receipt of public contribu- 18 tions under this subtitle, whichever period 19 ends later; or 20 (ii) in the case of corporation, firm, or 21 other business entity not specified under 22 subparagraph (i), agrees to refrain from 23 conducting involuntary layoffs or fur- 24 loughs, or reducing pay rates and benefits, 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00375 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 376 •HR 1319 RH for the eligible employee group, subject to 1 the employer’s right to discipline or termi- 2 nate an employee in accordance with em- 3 ployer policy for the duration of the agree- 4 ment and receipt of public contributions 5 under this subtitle. 6 (3) COVID–19 PUBLIC HEALTH EMERGENCY.— 7 The term ‘‘COVID–19 public health emergency’’ 8 means the public health emergency first declared on 9 January 31, 2020, by the Secretary of Health and 10 Human Services under section 319 of the Public 11 Health Service Act (42 U.S.C. 247d) with respect to 12 the 2019 Novel Coronavirus (COVID–19) and in- 13 cludes any renewal of such declaration pursuant to 14 such section 319. 15 (4) EMPLOYEE.—The term ‘‘employee’’ has the 16 meaning given that term in section 3 of the Fair 17 Labor Standards Act of 1938 (29 U.S.C. 203). 18 (5) EMPLOYER.—The term ‘‘employer’’ means 19 an aviation manufacturing company that is an em- 20 ployer (as defined in section 3 of the Fair Labor 21 Standards Act of 1938 (29 U.S.C. 203)). 22 (6) PRIVATE CONTRIBUTION.—The term ‘‘pri- 23 vate contribution’’ means the contribution funded by 24 the employer under this subtitle to maintain 50 per- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00376 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 377 •HR 1319 RH cent of the eligible employee group’s total compensa- 1 tion level, and combined with the public contribu- 2 tion, is sufficient to maintain the total compensation 3 level for the eligible employee group as of April 1, 4 2020. 5 (7) PUBLIC CONTRIBUTION.—The term ‘‘public 6 contribution’’ means the contribution funded by the 7 Federal Government under this title to provide 50 8 percent of the eligible employees group’s total com- 9 pensation level, and combined with the private con- 10 tribution, is sufficient to maintain the total com- 11 pensation level for those in the eligible employee 12 group as of April 1, 2020. 13 (8) SECRETARY.—The term ‘‘Secretary’’ means 14 the Secretary of Transportation. 15 (9) TOTAL COMPENSATION LEVEL.—The term 16 ‘‘total compensation level’’ means the level of total 17 base compensation and benefits being provided to an 18 eligible employee group employee, excluding overtime 19 and premium pay, and excluding any Federal, State, 20 or local payroll taxes paid, as of April 1, 2020. 21 SEC. 7102. PAYROLL SUPPORT PROGRAM. 22 (a) IN GENERAL.—The Secretary shall establish a 23 payroll support program and enter into agreements with 24 employers who meet the eligibility criteria specified in sub- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00377 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 378 •HR 1319 RH section (b) and are not ineligible under subsection (c), to 1 provide public contributions to supplement compensation 2 of an eligible employee group. There is appropriated for 3 fiscal year 2021, out of amounts in the Treasury not oth- 4 erwise appropriated, $3,000,000,000, to remain available 5 until September 30, 2023, for the Secretary to carry out 6 the payroll support program authorized under the pre- 7 ceding sentence for which 1 percent of the funds may be 8 used for implementation costs and administrative ex- 9 penses. 10 (b) ELIGIBILITY.—The Secretary shall enter into an 11 agreement and provide public contributions, for a term no 12 longer than 6 months, solely with an employer that— 13 (1) agrees to use the funds received under an 14 agreement exclusively for the continuation of em- 15 ployee wages, salaries, and benefits, to maintain the 16 total compensation level for the eligible employee 17 group as of April 1, 2020 for the duration of the 18 agreement, and to facilitate the retention, rehire, or 19 recall of employees of the employer, except that such 20 funds may not be used for back pay of returning re- 21 hired or recalled employees; and 22 (2) agrees that any false, fictitious, misleading, 23 or fraudulent information made or submitted by the 24 employer, or the omission of any material fact by the 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00378 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 379 •HR 1319 RH employer, may subject the employer to criminal, 1 civil, or administrative penalties for fraud, false 2 statements, false claims, or otherwise pursuant to 3 applicable Federal law. 4 (c) INELIGIBILITY.—The Secretary may not enter 5 into any agreement under this section with an employer 6 who was allowed a credit under section 2301 of the 7 CARES Act (26 U.S.C. 3111 note) for any calendar quar- 8 ter ending before such agreement is entered into, who re- 9 ceived financial assistance under section 4113 of the 10 CARES Act (15 U.S.C. 9073), or who is currently expend- 11 ing financial assistance under the paycheck protection pro- 12 gram established under section 7(a)(36) of the Small 13 Business Act (15 U.S.C. 636(a)(36)), as of the date the 14 employer submits an application under the payroll support 15 program established under subsection (a). 16 (d) REDUCTIONS.—To address any shortfall in assist- 17 ance that would otherwise be provided under this subtitle, 18 the Secretary shall reduce, on a pro rata basis, the finan- 19 cial assistance provided under this subtitle. 20 (e) AGREEMENT DEADLINE.—No agreement may be 21 entered into by the Secretary under the payroll support 22 program established under subsection (a) after the last 23 day of the 6 month period that begins on the effective 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00379 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 380 •HR 1319 RH date of the first agreement entered into under such pro- 1 gram. 2 Subtitle C—Continued Assistance 3 to Rail Workers 4 SEC. 7201. ADDITIONAL ENHANCED BENEFITS UNDER THE 5 RAILROAD UNEMPLOYMENT INSURANCE ACT. 6 (a) IN GENERAL.—Section 2(a)(5)(A) of the Railroad 7 Unemployment Insurance Act (45 U.S.C. 352(a)(5)(A)) is 8 amended— 9 (1) in the first sentence— 10 (A) by striking ‘‘March 14, 2021’’ and in- 11 serting ‘‘August 29, 2021’’; 12 (B) by striking ‘‘or July 1, 2020’’ and in- 13 serting ‘‘July 1, 2020, or July 1, 2021’’; and 14 (2) by adding at the end the following: ‘‘For 15 registration periods beginning after March 14, 2021, 16 but on or before August 29, 2021, the recovery ben- 17 efit payable under this subparagraph shall be in the 18 amount of $800.’’. 19 (b) CLARIFICATION ON AUTHORITY TO USE 20 FUNDS.—Funds appropriated under subparagraph (B) of 21 section 2(a)(5) of the Railroad Unemployment Insurance 22 Act (45 U.S.C. 352(a)(5)) shall be available to cover the 23 cost of recovery benefits provided under such section 24 2(a)(5) by reason of the amendments made by subsection 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00380 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 381 •HR 1319 RH (a) as well as to cover the cost of such benefits provided 1 under such section 2(a)(5) as in effect on the day before 2 the date of enactment of this Act. 3 SEC. 7202. EXTENDED UNEMPLOYMENT BENEFITS UNDER 4 THE RAILROAD UNEMPLOYMENT INSURANCE 5 ACT. 6 (a) IN GENERAL.—Section 2(c)(2)(D) of the Rail- 7 road Unemployment Insurance Act (45 U.S.C. 8 352(c)(2)(D)) is amended— 9 (1) in clause (i)— 10 (A) in subclause (I), by striking ‘‘185 11 days’’ and inserting ‘‘305 days’’; 12 (B) in subclause (II), 13 (i) by striking ‘‘19 consecutive 14-day 14 periods’’ and inserting ‘‘31 consecutive 14- 15 day periods’’; and 16 (ii) by striking ‘‘6 consecutive 14-day 17 periods’’ and inserting ‘‘18 consecutive 14- 18 day periods’’; 19 (2) in clause (ii)— 20 (A) by striking ‘‘120 days of unemploy- 21 ment’’ and inserting ‘‘240 days of unemploy- 22 ment’’; 23 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00381 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 382 •HR 1319 RH (B) by striking ‘‘12 consecutive 14-day pe- 1 riods’’ and inserting ‘‘24 consecutive 14-day pe- 2 riods’’; and 3 (C) by striking ‘‘6 consecutive 14-day peri- 4 ods’’ and inserting ‘‘18 consecutive 14-day peri- 5 ods’’; and 6 (3) in clause (iii)— 7 (A) by striking ‘‘June 30, 2021’’ and in- 8 serting ‘‘June 30, 2022’’; and 9 (B) by striking ‘‘the provisions of clauses 10 (i) and (ii) shall not apply to any employee 11 whose extended benefit period under subpara- 12 graph (B) begins after March 14, 2021, and 13 shall not apply to any employee with respect to 14 any registration period beginning after April 5, 15 2021.’’ and inserting ‘‘the provisions of clauses 16 (i) and (ii) shall not apply to any employee with 17 respect to any registration period beginning 18 after August 29, 2021.’’ 19 (b) CLARIFICATION ON AUTHORITY TO USE 20 FUNDS.—Funds appropriated under either the first or 21 second sentence of clause (v) of section 2(c)(2)(D) of the 22 Railroad Unemployment Insurance Act shall be available 23 to cover the cost of additional extended unemployment 24 benefits provided under such section 2(c)(2)(D) by reason 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00382 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 383 •HR 1319 RH of the amendments made by subsection (a) as well as to 1 cover the cost of such benefits provided under such section 2 2(c)(2)(D) as in effect on the day before the date of enact- 3 ment of this Act. 4 SEC. 7203. EXTENSION OF WAIVER OF THE 7-DAY WAITING 5 PERIOD FOR BENEFITS UNDER THE RAIL- 6 ROAD UNEMPLOYMENT INSURANCE ACT. 7 (a) IN GENERAL.—Section 2112(a) of the CARES 8 Act (15 U.S.C. 9030(a)) is amended by striking ‘‘March 9 14, 2021’’ and inserting ‘‘August 29, 2021’’. 10 (b) CLARIFICATION ON AUTHORITY TO USE 11 FUNDS.—Funds appropriated under section 2112(c) of 12 the CARES Act (15 U.S.C. 9030(c)) shall be available to 13 cover the cost of additional benefits payable due to section 14 2112(a) of such Act by reason of the amendments made 15 by subsection (a) as well as to cover the cost of such bene- 16 fits payable due to such section 2112(a) as in effect on 17 the day before the date of enactment of this Act. 18 SEC. 7204. RAILROAD RETIREMENT BOARD AND OFFICE OF 19 THE INSPECTOR GENERAL FUNDING. 20 In addition to amounts otherwise made available, 21 there are appropriated for fiscal year 2021, out of any 22 money in the Treasury not otherwise appropriated— 23 (1) $27,975,000, to remain available until ex- 24 pended, for the Railroad Retirement Board, to pre- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00383 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 384 •HR 1319 RH vent, prepare for, and respond to coronavirus, of 1 which— 2 (A) $6,800,000 shall be for additional hir- 3 ing and overtime bonuses as needed to admin- 4 ister the Railroad Unemployment Insurance 5 Act; and 6 (B) $21,175,000 shall be to supplement, 7 not supplant, existing resources devoted to op- 8 erations and improvements for the Information 9 Technology Investment Initiatives of the Rail- 10 road Retirement Board; and 11 (2) $500,000, to remain available until ex- 12 pended, for the Railroad Retirement Board Office of 13 Inspector General for audit, investigatory and review 14 activities, as authorized by the Inspector General 15 Act of 1978. 16 TITLE VIII—COMMITTEE ON 17 VETERANS’ AFFAIRS 18 SEC. 8001. FUNDING FOR CLAIMS AND APPEALS PROC- 19 ESSING. 20 In addition to amounts otherwise made available, 21 there is appropriated for fiscal year 2021, out of any 22 money in the Treasury not otherwise appropriated, 23 $272,000,000, to remain available until September 30, 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00384 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 385 •HR 1319 RH 2023, pursuant to sections 308, 310, 7101 through 7113, 1 7701, and 7703 of title 38, United States Code. 2 SEC. 8002. FUNDING AVAILABILITY FOR MEDICAL CARE 3 AND HEALTH NEEDS. 4 In addition to amounts otherwise made available, 5 there is appropriated for fiscal year 2021, out of any 6 money in the Treasury not otherwise appropriated, 7 $13,482,000,000, to remain available until September 30, 8 2023, for allocation under chapters 17, 20, 73, and 81 9 of title 38, United States Code, of which not more than 10 $4,000,000,000 shall be available pursuant to section 11 1703 of title 38, United States Code for health care fur- 12 nished through the Veterans Community Care program. 13 SEC. 8003. FUNDING FOR SUPPLY CHAIN MODERNIZATION. 14 In addition to amounts otherwise made available, 15 there is appropriated for fiscal year 2021, out of any 16 money in the Treasury not otherwise appropriated, 17 $100,000,000, to remain available until September 30, 18 2022, for the supply chain modernization initiative under 19 sections 308, 310, and 7301(b) of title 38, United States 20 Code. 21 SEC. 8004. FUNDING FOR STATE HOMES. 22 In addition to amounts otherwise made available, 23 there are appropriated for fiscal year 2021, out of any 24 money in the Treasury not otherwise appropriated— 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00385 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 386 •HR 1319 RH (1) $500,000,000, to remain available until ex- 1 pended, for allocation under sections 8131 through 2 8137 of title 38, United States Code: and 3 (2) $250,000,000, to remain available until 4 September 30, 2022, for a one-time only obligation 5 and expenditure to existing State extended care fa- 6 cilities for veterans in proportion to each State’s 7 share of the total resident capacity in such facilities 8 as of the date of enactment of this Act where such 9 capacity includes only veterans on whose behalf the 10 Department pays a per diem payment pursuant to 11 section 1741 or 1745 of title 38, United States 12 Code. 13 SEC. 8005. FUNDING FOR THE DEPARTMENT OF VETERANS 14 AFFAIRS OFFICE OF INSPECTOR GENERAL. 15 In addition to amounts otherwise made available, 16 there is appropriated for fiscal year 2021, out of any 17 money in the Treasury not otherwise appropriated, 18 $10,000,000, to remain available until expended, to carry 19 out audits, investigations, and other oversight activities 20 authorized under the Inspector General Act of 1978 (5 21 U.S.C. App.) of projects and activities carried out pursu- 22 ant to this title. 23 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00386 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 387 •HR 1319 RH SEC. 8006. COVID–19 VETERAN RAPID RETRAINING ASSIST- 1 ANCE PROGRAM. 2 (a) IN GENERAL.—The Secretary of Veterans Affairs 3 shall carry out a program under which the Secretary shall 4 provide up to 12 months of retraining assistance to an 5 eligible veteran for the pursuit of a covered program of 6 education. Such retraining assistance shall be in addition 7 to any other entitlement to educational assistance or bene- 8 fits for which a veteran is, or has been, eligible. 9 (b) ELIGIBLE VETERANS.— 10 (1) IN GENERAL.—In this section, the term ‘‘el- 11 igible veteran’’ means a veteran who— 12 (A) as of the date of the receipt by the De- 13 partment of Veterans Affairs of an application 14 for assistance under this section, is at least 22 15 years of age but not more than 66 years of age; 16 (B) as of such date, is unemployed by rea- 17 son of the covered public health emergency, as 18 certified by the veteran; 19 (C) as of such date, is not eligible to re- 20 ceive educational assistance under chapter 30, 21 31, 32, 33, or 35 of title 38, United States 22 Code, or chapter 1606 of title 10, United States 23 Code; 24 (D) is not enrolled in any Federal or State 25 jobs program; 26 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00387 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 388 •HR 1319 RH (E) is not in receipt of compensation for a 1 service-connected disability rated totally dis- 2 abling by reason of unemployability; and 3 (F) will not be in receipt of unemployment 4 compensation (as defined in section 85(b) of the 5 Internal Revenue Code of 1986), including any 6 cash benefit received pursuant to subtitle A of 7 title II of division A of the CARES Act (Public 8 Law 116–136), as of the first day on which the 9 veteran would receive a housing stipend pay- 10 ment under this section. 11 (2) TREATMENT OF VETERANS WHO TRANSFER 12 ENTITLEMENT.—For purposes of paragraph (1)(C), 13 a veteran who has transferred all of the veteran’s 14 entitlement to educational assistance under section 15 3319 of title 38, United States Code, shall be con- 16 sidered to be a veteran who is not eligible to receive 17 educational assistance under chapter 33 of such 18 title. 19 (3) FAILURE TO COMPLETE.—A veteran who 20 receives retraining assistance under this section to 21 pursue a program of education and who fails to com- 22 plete the program of education shall not be eligible 23 to receive additional assistance under this section. 24 (c) COVERED PROGRAMS OF EDUCATION.— 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00388 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 389 •HR 1319 RH (1) IN GENERAL.—For purposes of this section, 1 a covered program of education is a program of edu- 2 cation (as such term is defined in section 3452(b) of 3 title 38, United States Code) for training, pursued 4 on a full-time or part-time basis— 5 (A) that— 6 (i) is approved under chapter 36 of 7 such title; 8 (ii) does not lead to a bachelors or 9 graduate degree; and 10 (iii) is designed to provide training for 11 a high-demand occupation, as determined 12 under paragraph (3); or 13 (B) that is a high technology program of 14 education offered by a qualified provider, under 15 the meaning given such terms in section 116 of 16 the Harry W. Colmery Veterans Educational 17 Assistance Act of 2017 (Public Law 115–48; 38 18 U.S.C. 3001 note). 19 (2) ACCREDITED PROGRAMS.—In the case of an 20 accredited program of education, the program of 21 education shall not be considered a covered program 22 of education under this section if the program has 23 received a show cause order from the accreditor of 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00389 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 390 •HR 1319 RH the program during the five-year period preceding 1 the date of the enactment of this Act. 2 (3) DETERMINATION OF HIGH-DEMAND OCCU- 3 PATIONS.— 4 (A) INITIAL IMPLEMENTATION.—In car- 5 rying out this section, the Secretary shall use 6 the list of high-demand occupations compiled by 7 the Commissioner of Labor Statistics until the 8 final list under subparagraph (C) is complete. 9 (B) STUDY REQUIRED.—The Secretary of 10 Veterans Affairs shall enter into an agreement 11 with a federally funded research and develop- 12 ment corporation or another appropriate non- 13 Department entity for the conduct of a study to 14 determine which occupations are high-demand 15 occupations. Such study shall be completed not 16 later than 90 days after the date of the enact- 17 ment of this Act. 18 (C) FINAL LIST.—The Secretary— 19 (i) may add or remove occupation 20 from the list in use pursuant to subpara- 21 graph (A) during the 90-day period fol- 22 lowing the completion of the study required 23 by subparagraph (B); 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00390 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 391 •HR 1319 RH (ii) shall issue a final list of high-de- 1 mand occupations for use under this sec- 2 tion by not later than 90 days after the 3 date of the completion of the study; and 4 (iii) shall make such final list publicly 5 available on a website of the Department. 6 (D) USE OF LIST.—The Secretary shall 7 use the list developed under this paragraph in 8 order to apply the requirement that retraining 9 assistance under this section is used for train- 10 ing for a high-demand occupation, but the Sec- 11 retary may remove occupations from the list as 12 the Secretary determines appropriate. 13 (4) FULL-TIME DEFINED.—For purposes of 14 this subsection, the term ‘‘full-time’’ has the mean- 15 ing given such term under section 3688 of title 38, 16 United States Code. 17 (d) AMOUNT OF ASSISTANCE.— 18 (1) RETRAINING ASSISTANCE.—The Secretary 19 of Veterans Affairs shall provide to an eligible vet- 20 eran pursuing a covered program of education under 21 the retraining assistance program under this section 22 an amount equal to the amount of educational as- 23 sistance payable under section 3313(c)(1)(A) of title 24 38, United States Code, for each month the veteran 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00391 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 392 •HR 1319 RH pursues the covered program of education. Such 1 amount shall be payable directly to the educational 2 institution offering the covered program of education 3 pursued by the veteran as follows: 4 (A) 50 percent of the total amount payable 5 shall be paid when the eligible veteran begins 6 the program of education. 7 (B) 25 percent of the total amount payable 8 shall be paid when the eligible veteran com- 9 pletes the program of education. 10 (C) 25 percent of the total amount payable 11 shall be paid when the eligible veteran finds em- 12 ployment in a field related to the program of 13 education. 14 (2) FAILURE TO COMPLETE.— 15 (A) PRO-RATED PAYMENTS.—In the case 16 of a veteran who pursues a covered program of 17 education under the retraining assistance pro- 18 gram under this section, but who does not com- 19 plete the program of education, the Secretary 20 shall pay to the educational institution offering 21 such program of education a pro-rated amount 22 based on the number of months the veteran 23 pursued the program of education in accordance 24 with this paragraph. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00392 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 393 •HR 1319 RH (B) PAYMENT OTHERWISE DUE UPON 1 COMPLETION OF PROGRAM.—The Secretary 2 shall pay to the educational institution a pro- 3 rated amount under paragraph (1)(B) when the 4 veteran provides notice to the educational insti- 5 tution that the veteran no longer intends to 6 pursue the program of education. 7 (C) NONRECOVERY FROM VETERAN.—In 8 the case of a veteran referred to in subpara- 9 graph (A), the educational institution may not 10 seek payment from the veteran for any amount 11 that would have been payable under paragraph 12 (1)(B) had the veteran completed the program 13 of education. 14 (D) PAYMENT DUE UPON EMPLOYMENT.— 15 (i) VETERANS WHO FIND EMPLOY- 16 MENT.—In the case of a veteran referred 17 to in subparagraph (A) who finds employ- 18 ment in a field related to the program of 19 education during the 180-day period begin- 20 ning on the date on which the veteran 21 withdraws from the program of education, 22 the Secretary shall pay to the educational 23 institution a pro-rated amount under para- 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00393 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 394 •HR 1319 RH graph (1)(C) when the veteran finds such 1 employment. 2 (ii) VETERANS WHO DO NOT FIND EM- 3 PLOYMENT.—In the case of a veteran re- 4 ferred to in subparagraph (A) who does 5 not find employment in a field related to 6 the program of education during the 180- 7 day period beginning on the date on which 8 the veteran withdraws from the program of 9 education— 10 (I) the Secretary shall not make 11 a payment to the educational institu- 12 tion under paragraph (1)(C); and 13 (II) the educational institution 14 may not seek payment from the vet- 15 eran for any amount that would have 16 been payable under paragraph (1)(C) 17 had the veteran found employment 18 during such 180-day period. 19 (3) HOUSING STIPEND.—For each month that 20 an eligible veteran pursues a covered program of 21 education under the retraining assistance program 22 under this section, the Secretary shall pay to the 23 veteran a monthly housing stipend in an amount 24 equal to— 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00394 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 395 •HR 1319 RH (A) in the case of a covered program of 1 education leading to a degree, or a covered pro- 2 gram of education not leading to a degree, at 3 an institution of higher learning (as that term 4 is defined in section 3452(f) of title 38, United 5 States Code) pursued on more than a half-time 6 basis, the amount specified under subsection 7 (c)(1)(B) of section 3313 of title 38, United 8 States Code; 9 (B) in the case of a covered program of 10 education other than a program of education 11 leading to a degree at an institution other than 12 an institution of higher learning pursued on 13 more than a half-time basis, the amount speci- 14 fied under subsection (g)(3)(A)(ii) of such sec- 15 tion; or 16 (C) in the case of a covered program of 17 education pursued on less than a half-time 18 basis, or a covered program of education pur- 19 sued solely through distance learning on more 20 than a half-time basis, the amount specified 21 under subsection (c)(1)(B)(iii) of such section. 22 (4) FAILURE TO FIND EMPLOYMENT.—The 23 Secretary shall not make a payment under para- 24 graph (1)(C) with respect to an eligible veteran who 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00395 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 396 •HR 1319 RH completes or fails to complete a program of edu- 1 cation under the retraining assistance program 2 under this section if the veteran fails to find employ- 3 ment in a field related to the program of education 4 within the 180-period beginning on the date on 5 which the veteran withdraws from or completes the 6 program. 7 (e) NO TRANSFERABILITY.—Retraining assistance 8 provided under this section may not be transferred to an- 9 other individual. 10 (f) EMPLOYEE ASSISTANCE.—The Secretary of Vet- 11 erans Affairs, in consultation with the Secretary of Labor, 12 shall contact each veteran who pursues a covered program 13 of education under this section— 14 (1) not later than 30 days after the date on 15 which the veteran begins the program of education 16 to notify the veteran of the availability of employ- 17 ment placement services upon completion of the pro- 18 gram; and 19 (2) not later than 14 days after the date on 20 which the veteran completes, or terminates partici- 21 pation in, such program to facilitate the provision of 22 employment placement services to such veteran. 23 (g) NONPROFIT ORGANIZATION.— 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00396 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 397 •HR 1319 RH (1) IN GENERAL.—The Secretary of Veterans 1 Affairs shall seek to enter into a memorandum of 2 understanding with one or more qualified nonprofit 3 organizations for the purpose of facilitating the em- 4 ployment of veterans who participate in the retrain- 5 ing assistance program under this section. 6 (2) QUALIFIED NONPROFIT ORGANIZATION.— 7 For purposes of this subsection, a qualified non- 8 profit organization is a nonprofit organization 9 that— 10 (A) is an association of businesses; and 11 (B) has at least two years of experience 12 providing job placement services for veterans. 13 (h) FOLLOW UP OUTREACH.—The Secretary of Vet- 14 erans Affairs, in coordination with the Secretary of Labor, 15 shall contact each veteran who completes a covered pro- 16 gram of education under the retraining assistance pro- 17 gram under this section 30, 60, 90, and 180 days after 18 the veteran completes such program of education to ask 19 the veteran about the experience of the veteran in the re- 20 training assistance program and the veteran’s employment 21 status. 22 (i) QUARTERLY REPORTS.—Not later than the date 23 that is one year after the date of the enactment of this 24 Act, and quarterly thereafter, the Secretary of Labor shall 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00397 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 398 •HR 1319 RH submit to the Committees on Veterans’ Affairs of the Sen- 1 ate and House of Representatives a report containing the 2 following information about veterans who participate in 3 the retraining assistance program under this section: 4 (1) The percentage of such veterans who found 5 employment before the end of the second calendar 6 quarter after exiting the program. 7 (2) The percentage of such veterans who found 8 employment before the end of the fourth calendar 9 quarter after exiting the program. 10 (3) The median earnings of all such veterans 11 for the second quarter after exiting the program. 12 (4) The percentage of such veterans who attain 13 a recognized postsecondary credential during the 12- 14 month period after exiting the program. 15 (j) LIMITATION.—Not more than 17,250 eligible vet- 16 erans may receive retraining assistance under this section. 17 (k) TERMINATION.—No retraining assistance may be 18 paid under this section after the date that is 21 months 19 after the date of the enactment of this Act. 20 (l) COMPTROLLER GENERAL REPORT.—Not later 21 than 180 days after the termination of the retraining as- 22 sistance program under subsection (k), the Comptroller 23 General shall submit to the Committees on Veterans’ Af- 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00398 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 399 •HR 1319 RH fairs of the Senate and House of Representatives a report 1 on the outcomes and effectiveness of the program. 2 (m) DEFINITIONS.—In this section: 3 (1) The term ‘‘covered public health emer- 4 gency’’ means the declaration— 5 (A) of a public health emergency, based on 6 an outbreak of COVID–19 by the Secretary of 7 Health and Human Services under section 319 8 of the Public Health Service Act (42 U.S.C. 9 247d); or 10 (B) of a domestic emergency, based on an 11 outbreak of COVID–19 by the President, the 12 Secretary of Homeland Security, or State, or 13 local authority. 14 (2) The term ‘‘veteran’’ means— 15 (A) a person who served in the active mili- 16 tary, naval, or air service, and who was dis- 17 charged or released therefrom under conditions 18 other than dishonorable; or 19 (B) a member of a reserve component of 20 the Armed Forces who performs active service 21 for a period of 30 days or longer by reason of 22 the covered public health emergency. 23 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00399 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 400 •HR 1319 RH (3) The term ‘‘active service’’ has the meaning 1 given such term in section 101 of title 10, United 2 States Code. 3 (n) FUNDING.—In addition to amounts otherwise 4 available there is appropriated to the Department of Vet- 5 erans Affairs for fiscal year 2021, out of any money in 6 the Treasury not otherwise appropriated, $386,000,000, 7 to remain available until expended, to carry out this sec- 8 tion. 9 SEC. 8007. PROHIBITION ON COPAYMENTS AND COST SHAR- 10 ING FOR VETERANS DURING EMERGENCY RE- 11 LATING TO COVID–19. 12 (a) IN GENERAL.—The Secretary of Veterans Af- 13 fairs— 14 (1) shall not require a veteran to pay a copay- 15 ment or other cost sharing with respect to health 16 care under the laws administered by the Secretary 17 received by the veteran during the period specified in 18 subsection (b); and 19 (2) shall reimburse any veteran who paid a co- 20 payment or other cost sharing for health care under 21 the laws administered by the Secretary received by 22 the veteran during such period the amount paid by 23 the veteran. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00400 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 401 •HR 1319 RH (b) PERIOD SPECIFIED.—The period specified in this 1 subsection is the period beginning on April 6, 2020, and 2 ending on September 30, 2021. 3 (c) FUNDING.—In addition to amounts otherwise 4 available, there is appropriated to the Secretary of Vet- 5 erans Affairs for fiscal year 2021, out of any money in 6 the Treasury not otherwise appropriated, $2,000,000,000, 7 to remain available until expended, to carry out this sec- 8 tion. 9 TITLE IX—COMMITTEE ON WAYS 10 AND MEANS 11 Subtitle A—Crisis Support for 12 Unemployed Workers 13 SEC. 9001. SHORT TITLE. 14 This subtitle may be cited as the ‘‘Crisis Support for 15 Unemployed Workers Act’’. 16 PART 1—EXTENSION OF CARES ACT 17 UNEMPLOYMENT PROVISIONS 18 SEC. 9011. EXTENSION OF PANDEMIC UNEMPLOYMENT AS- 19 SISTANCE. 20 (a) IN GENERAL.—Section 2102(c) of the CARES 21 Act (15 U.S.C. 9021(c)) is amended— 22 (1) in paragraph (1)— 23 (A) by striking ‘‘paragraphs (2) and (3)’’ 24 and inserting ‘‘paragraph (2)’’; and 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00401 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 402 •HR 1319 RH (B) in subparagraph (A)(ii), by striking 1 ‘‘March 14, 2021’’ and inserting ‘‘August 29, 2 2021’’; and 3 (2) by striking paragraph (3) and redesignating 4 paragraph (4) as paragraph (3). 5 (b) INCREASE IN NUMBER OF WEEKS.—Section 6 2102(c)(2) of such Act (15 U.S.C. 9021(c)(2)) is amend- 7 ed— 8 (1) by striking ‘‘50 weeks’’ and inserting ‘‘74 9 weeks’’; and 10 (2) by striking ‘‘50-week period’’ and inserting 11 ‘‘74-week period’’. 12 (c) HOLD HARMLESS FOR PROPER ADMINISTRA- 13 TION.—In the case of an individual who is eligible to re- 14 ceive pandemic unemployment assistance under section 15 2102 of the CARES Act (15 U.S.C. 9021) as of the day 16 before the date of enactment of this Act and on the date 17 of enactment of this Act becomes eligible for pandemic 18 emergency unemployment compensation under section 19 2107 of the CARES Act (15 U.S.C. 9025) by reason of 20 the amendments made by section 9016(b) of this title, any 21 payment of pandemic unemployment assistance under 22 such section 2102 made after the date of enactment of 23 this Act to such individual during an appropriate period 24 of time, as determined by the Secretary of Labor, that 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00402 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 403 •HR 1319 RH should have been made under such section 2107 shall not 1 be considered to be an overpayment of assistance under 2 such section 2102, except that an individual may not re- 3 ceive payment for assistance under section 2102 and a 4 payment for assistance under section 2107 for the same 5 week of unemployment. 6 (d) EFFECTIVE DATE.—The amendments made by 7 subsections (a) and (b) shall apply as if included in the 8 enactment of the CARES Act (Public Law 116–136), ex- 9 cept that no amount shall be payable by virtue of such 10 amendments with respect to any week of unemployment 11 commencing before the date of the enactment of this Act. 12 SEC. 9012. EXTENSION OF EMERGENCY UNEMPLOYMENT 13 RELIEF FOR GOVERNMENTAL ENTITIES AND 14 NONPROFIT ORGANIZATIONS. 15 (a) IN GENERAL.—Section 903(i)(1)(D) of the Social 16 Security Act (42 U.S.C. 1103(i)(1)(D)) is amended by 17 striking ‘‘March 14, 2021’’ and inserting ‘‘August 29, 18 2021’’. 19 (b) INCREASE IN REIMBURSEMENT RATE.—Section 20 903(i)(1)(B) of such Act (42 U.S.C. 1103(i)(1)(B)) is 21 amended— 22 (1) in the first sentence, by inserting ‘‘and ex- 23 cept as otherwise provided in this subparagraph’’ 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00403 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 404 •HR 1319 RH after ‘‘as determined by the Secretary of Labor’’; 1 and 2 (2) by inserting after the first sentence the fol- 3 lowing: ‘‘With respect to the amounts of such com- 4 pensation paid for weeks of unemployment beginning 5 after March 31, 2021, and ending on or before Au- 6 gust 29, 2021, the preceding sentence shall be ap- 7 plied by substituting ‘75 percent’ for ‘one-half’.’’. 8 SEC. 9013. EXTENSION OF FEDERAL PANDEMIC UNEMPLOY- 9 MENT COMPENSATION. 10 (a) IN GENERAL.—Section 2104(e)(2) of the CARES 11 Act (15 U.S.C. 9023(e)(2)) is amended by striking 12 ‘‘March 14, 2021’’ and inserting ‘‘August 29, 2021’’. 13 (b) AMOUNT.—Section 2104(b)(3)(A) of such Act 14 (15 U.S.C. 9023(b)(3)(A)) is amended by adding at the 15 end the following: 16 ‘‘(iii) For weeks of unemployment 17 ending after March 14, 2021, and ending 18 on or before August 29, 2021, $400.’’. 19 (c) DISREGARD OF CERTAIN ADDITIONAL COM- 20 PENSATION FOR PURPOSES OF MEDICAID AND CHIP.— 21 Section 2104(h) of the CARES Act (15 U.S.C. 9023(h)) 22 is amended by striking ‘‘Federal pandemic unemployment 23 compensation’’ and inserting ‘‘Federal Pandemic Unem- 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00404 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 405 •HR 1319 RH ployment Compensation or Mixed Earner Unemployment 1 Compensation’’. 2 SEC. 9014. EXTENSION OF FULL FEDERAL FUNDING OF THE 3 FIRST WEEK OF COMPENSABLE REGULAR 4 UNEMPLOYMENT FOR STATES WITH NO WAIT- 5 ING WEEK. 6 (a) IN GENERAL.—Section 2105(e)(2) of the CARES 7 Act (15 U.S.C. 9024(e)(2)) is amended by striking 8 ‘‘March 14, 2021’’ and inserting ‘‘August 29, 2021’’. 9 (b) FULL REIMBURSEMENT.—Paragraph (3) of sec- 10 tion 2105(c) of such Act (15 U.S.C. 9024(c)) is repealed 11 and such section shall be applied to weeks of unemploy- 12 ment to which an agreement under section 2105 of such 13 Act applies as if such paragraph had not been enacted. 14 SEC. 9015. EXTENSION OF EMERGENCY STATE STAFFING 15 FLEXIBILITY. 16 Section 4102(b) of the Families First Coronavirus 17 Response Act (26 U.S.C. 3304 note), in the second sen- 18 tence, is amended by striking ‘‘March 14, 2021’’ and in- 19 serting ‘‘August 29, 2021’’. 20 SEC. 9016. EXTENSION OF PANDEMIC EMERGENCY UNEM- 21 PLOYMENT COMPENSATION. 22 (a) IN GENERAL.—Section 2107(g) of the CARES 23 Act (15 U.S.C. 9025(g)) is amended to read as follows: 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00405 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 406 •HR 1319 RH ‘‘(g) APPLICABILITY.—An agreement entered into 1 under this section shall apply to weeks of unemployment— 2 ‘‘(1) beginning after the date on which such 3 agreement is entered into; and 4 ‘‘(2) ending on or before August 29, 2021.’’. 5 (b) INCREASE IN NUMBER OF WEEKS.—Section 6 2107(b)(2) of such Act (15 U.S.C. 9025(b)(2)) is amend- 7 ed by striking ‘‘24’’ and inserting ‘‘48’’. 8 (c) COORDINATION RULES.— 9 (1) COORDINATION OF PANDEMIC EMERGENCY 10 UNEMPLOYMENT COMPENSATION WITH EXTENDED 11 COMPENSATION.— 12 (A) INDIVIDUALS RECEIVING EXTENDED 13 COMPENSATION AS OF THE DATE OF ENACT- 14 MENT.—Section 2107(a)(5) of such Act (15 15 U.S.C. 9025(a)(5)) is amended— 16 (i) by striking ‘‘RULE.—An agree- 17 ment’’ and inserting the following: 18 ‘‘RULES.— 19 ‘‘(A) IN GENERAL.—Subject to subpara- 20 graph (B), an agreement’’; and 21 (ii) by adding at the end the fol- 22 lowing: 23 ‘‘(B) SPECIAL RULE.—In the case of an 24 individual who is receiving extended compensa- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00406 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 407 •HR 1319 RH tion under the State law for the week that in- 1 cludes the date of enactment of this subpara- 2 graph (without regard to the amendments made 3 by subsections (a) and (b) of section 9016 of 4 the Crisis Support for Unemployed Workers 5 Act), such individual shall not be eligible to re- 6 ceive pandemic emergency unemployment com- 7 pensation by reason of such amendments until 8 such individual has exhausted all rights to such 9 extended benefits.’’. 10 (B) ELIGIBILITY FOR EXTENDED COM- 11 PENSATION.—Section 2107(a) of such Act (15 12 U.S.C. 9025(a)) is amended by adding at the 13 end the following: 14 ‘‘(8) SPECIAL RULE FOR EXTENDED COM- 15 PENSATION.—At the option of a State, for any 16 weeks of unemployment beginning after the date of 17 the enactment of this paragraph and ending on or 18 before August 29, 2021, an individual’s eligibility 19 period (as described in section 203(c) of the Fed- 20 eral-State Extended Unemployment Compensation 21 Act of 1970 (26 U.S.C. 3304 note)) shall, for pur- 22 poses of any determination of eligibility for extended 23 compensation under the State law of such State, be 24 considered to include any week which begins— 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00407 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 408 •HR 1319 RH ‘‘(A) after the date as of which such indi- 1 vidual exhausts all rights to pandemic emer- 2 gency unemployment compensation; and 3 ‘‘(B) during an extended benefit period 4 that began on or before the date described in 5 subparagraph (A).’’. 6 (d) EFFECTIVE DATE.—The amendments made by 7 this section shall apply as if included in the enactment 8 of the CARES Act (Public Law 116–136), except that no 9 amount shall be payable by virtue of such amendments 10 with respect to any week of unemployment commencing 11 before the date of the enactment of this Act. 12 SEC. 9017. EXTENSION OF TEMPORARY FINANCING OF 13 SHORT-TIME COMPENSATION PAYMENTS IN 14 STATES WITH PROGRAMS IN LAW. 15 Section 2108(b)(2) of the CARES Act (15 U.S.C. 16 9026(b)(2)) is amended by striking ‘‘March 14, 2021’’ 17 and inserting ‘‘August 29, 2021’’. 18 SEC. 9018. EXTENSION OF TEMPORARY FINANCING OF 19 SHORT-TIME COMPENSATION AGREEMENTS 20 FOR STATES WITHOUT PROGRAMS IN LAW. 21 Section 2109(d)(2) of the CARES Act (15 U.S.C. 22 9027(d)(2)) is amended by striking ‘‘March 14, 2021’’ 23 and inserting ‘‘August 29, 2021’’. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00408 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 409 •HR 1319 RH PART 2—EXTENSION OF FFCRA UNEMPLOYMENT 1 PROVISIONS 2 SEC. 9021. EXTENSION OF TEMPORARY ASSISTANCE FOR 3 STATES WITH ADVANCES. 4 Section 1202(b)(10)(A) of the Social Security Act 5 (42 U.S.C. 1322(b)(10)(A)) is amended by striking 6 ‘‘March 14, 2021’’ and inserting ‘‘August 29, 2021’’. 7 SEC. 9022. EXTENSION OF FULL FEDERAL FUNDING OF EX- 8 TENDED UNEMPLOYMENT COMPENSATION. 9 Section 4105 of the Families First Coronavirus Re- 10 sponse Act (26 U.S.C. 3304 note) is amended by striking 11 ‘‘March 14, 2021’’ each place it appears and inserting 12 ‘‘August 29, 2021’’. 13 PART 3—DEPARTMENT OF LABOR FUNDING FOR 14 TIMELY, ACCURATE, AND EQUITABLE PAYMENT 15 SEC. 9031. FUNDING FOR ADMINISTRATION. 16 In addition to amounts otherwise available, there is 17 appropriated to the Employment and Training Adminis- 18 tration of the Department of Labor for fiscal year 2021, 19 out of any money in the Treasury not otherwise appro- 20 priated, $8,000,000, to remain available until expended, 21 for necessary expenses to carry out Federal activities re- 22 lating to the administration of unemployment compensa- 23 tion programs. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00409 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 410 •HR 1319 RH SEC. 9032. FUNDING FOR FRAUD PREVENTION, EQUITABLE 1 ACCESS, AND TIMELY PAYMENT TO ELIGIBLE 2 WORKERS. 3 (a) IN GENERAL.—In addition to amounts otherwise 4 available, there is appropriated to the Secretary of Labor 5 for fiscal year 2021, out of any money in the Treasury 6 not otherwise appropriated, $2,000,000,000, to remain 7 available until expended, to detect and prevent fraud, pro- 8 mote equitable access, and ensure the timely payment of 9 benefits with respect to unemployment insurance pro- 10 grams, including programs extended under this subtitle. 11 (b) USE OF FUNDS.—Amounts made available under 12 subsection (a) may be used— 13 (1) for Federal administrative costs related to 14 the purposes described in subsection (a); 15 (2) for systemwide infrastructure investment 16 and development related to such purposes; 17 (3) to make grants to States or territories ad- 18 ministering unemployment insurance programs de- 19 scribed in subsection (a) for such purposes, includ- 20 ing the establishment of procedures or the building 21 of infrastructure to verify or validate identity, imple- 22 ment Federal guidance regarding fraud detection 23 and prevention, and accelerate claims processing or 24 process claims backlogs due to the pandemic; and 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00410 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 411 •HR 1319 RH (4) for transfer to the Inspector General of the 1 Department of Labor, to the Attorney General, to 2 the Commissioner of Internal Revenue, or to other 3 Federal agencies investigating identity theft crime 4 affecting Federal unemployment benefits, as deter- 5 mined appropriate by the Secretary, for the develop- 6 ment of State tools for fraud detection or prevention 7 or for the investigation or prosecution of fraud. 8 (c) RESTRICTIONS ON GRANTS TO STATES AND TER- 9 RITORIES.—As a condition of receiving a grant under sub- 10 section (b)(3), the Secretary may require that a State or 11 territory receiving such a grant shall— 12 (1) use such program integrity tools as the Sec- 13 retary may specify; and 14 (2) as directed by the Secretary, conduct user 15 accessibility testing on any new system developed by 16 the Secretary pursuant to subsection (b)(2). 17 Subtitle B—Emergency Assistance 18 to Families Through Home Vis- 19 iting Programs 20 SEC. 9101. EMERGENCY ASSISTANCE TO FAMILIES 21 THROUGH HOME VISITING PROGRAMS. 22 Title V of the Social Security Act (42 U.S.C. 701- 23 713) is amended by inserting after section 511 the fol- 24 lowing: 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00411 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 412 •HR 1319 RH ‘‘SEC. 511A. EMERGENCY ASSISTANCE TO FAMILIES 1 THROUGH HOME VISITING PROGRAMS. 2 ‘‘(a) SUPPLEMENTAL APPROPRIATION.—In addition 3 to amounts otherwise appropriated, out of any money in 4 the Treasury of the United States not otherwise appro- 5 priated, there are appropriated to the Secretary 6 $150,000,000, to remain available through September 30, 7 2022, to enable eligible entities to conduct programs in 8 accordance with section 511 and subsection (c) of this sec- 9 tion. 10 ‘‘(b) ELIGIBILITY FOR FUNDS.—To be eligible to re- 11 ceive funds made available by subsection (a) of this sec- 12 tion, an entity shall— 13 ‘‘(1) as of the date of the enactment of this sec- 14 tion, be conducting a program under section 511; 15 ‘‘(2) ensure the modification of grants, con- 16 tracts, and other agreements, as applicable, executed 17 under section 511 under which the program is con- 18 ducted as are necessary to provide that, during the 19 period that begins with the date of the enactment of 20 this section and ends with the end of the 2nd suc- 21 ceeding fiscal year after the funds are awarded, the 22 entity shall— 23 ‘‘(A) not reduce funding for, or staffing 24 levels of, the program on account of reduced en- 25 rollment in the program; and 26 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00412 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 413 •HR 1319 RH ‘‘(B) when using funds to provide emer- 1 gency supplies to eligible families receiving 2 grant services under section 511, ensure coordi- 3 nation with local diaper banks to the extent 4 practicable; and 5 ‘‘(3) reaffirm that, in conducting the program, 6 the entity will focus on priority populations (as de- 7 fined in section 511(d)(4)). 8 ‘‘(c) USES OF FUNDS.—An entity to which funds are 9 provided under this section may use the funds— 10 ‘‘(1) to serve families with home visits or with 11 virtual visits, that may be conducted by the use of 12 electronic information and telecommunications tech- 13 nologies, in a service delivery model described in sec- 14 tion 511(d)(3)(A); 15 ‘‘(2) to pay hazard pay or other additional staff 16 costs associated with providing home visits or ad- 17 ministration for programs funded under section 511; 18 ‘‘(3) to train home visitors employed by the en- 19 tity in conducting a virtual home visit and in emer- 20 gency preparedness and response planning for fami- 21 lies served, and may include training on how to safe- 22 ly conduct intimate partner violence screenings, and 23 training on safety and planning for families served 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00413 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 414 •HR 1319 RH to support the family outcome improvements listed 1 in section 511(d)(2)(B); 2 ‘‘(4) for the acquisition by families served by 3 programs under section 511 of such technological 4 means as are needed to conduct and support a vir- 5 tual home visit; 6 ‘‘(5) to provide emergency supplies (such as 7 diapers and diapering supplies including diaper 8 wipes and diaper cream, necessary to ensure that a 9 child using a diaper is properly cleaned and pro- 10 tected from diaper rash, formula, food, water, hand 11 soap and hand sanitizer) to an eligible family (as de- 12 fined in section 511(k)(2)); 13 ‘‘(6) to coordinate with and provide reimburse- 14 ment for supplies to diaper banks when using such 15 entities to provide emergency supplies specified in 16 paragraph (5); and 17 ‘‘(7) to provide prepaid grocery cards to an eli- 18 gible family (as defined in section 511(k)(2)) partici- 19 pating in the maternal, infant, and early childhood 20 home visiting program under section 511 for the 21 purpose of enabling the family to meet the emer- 22 gency needs of the family.’’. 23 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00414 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 415 •HR 1319 RH Subtitle C—Emergency Assistance 1 to Children and Families 2 SEC. 9201. PANDEMIC EMERGENCY ASSISTANCE FUND. 3 Section 403 of the Social Security Act (42 U.S.C. 4 603) is amended by adding at the end the following: 5 ‘‘(c) PANDEMIC EMERGENCY ASSISTANCE FUND.— 6 ‘‘(1) ESTABLISHMENT.—There is established in 7 the Treasury of the United States a fund which 8 shall be known as the ‘Pandemic Emergency Assist- 9 ance Fund’ (in this section referred to as the 10 ‘Fund’) for the duration of the applicable period. 11 ‘‘(2) DEPOSITS INTO FUND.—Out of any money 12 in the Treasury of the United States not otherwise 13 appropriated, there are appropriated for payment to 14 the Fund $1,000,000,000, to remain available until 15 expended. 16 ‘‘(3) RESERVATION OF FUNDS FOR TECHNICAL 17 ASSISTANCE.—Of the amount specified in paragraph 18 (2), the Secretary shall reserve $2,000,000 for ad- 19 ministrative expenses and the provision of technical 20 assistance to States and Indian tribes with respect 21 to the use of funds provided under this subsection. 22 ‘‘(4) ALLOTMENTS.— 23 ‘‘(A) 50 STATES AND THE DISTRICT OF 24 COLUMBIA.— 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00415 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 416 •HR 1319 RH ‘‘(i) TOTAL AMOUNT TO BE ALLOT- 1 TED.—The Secretary shall allot a total of 2 92.5 percent of the amount specified in 3 paragraph (2) that is not reserved under 4 paragraph (3) among the States that are 5 not a territory and that are operating a 6 program funded under this part, in accord- 7 ance with clause (ii) of this subparagraph. 8 ‘‘(ii) ALLOTMENT FORMULA.—The 9 Secretary shall allot to each such State the 10 sum of the following percentages of the 11 total amount described in clause (i): 12 ‘‘(I) 50 percent, multiplied by— 13 ‘‘(aa) the population of chil- 14 dren in the State, determined on 15 the basis of the most recent pop- 16 ulation estimates as determined 17 by the Bureau of the Census; di- 18 vided by 19 ‘‘(bb) the total population of 20 children in the States that are 21 not territories, as so determined; 22 plus 23 ‘‘(II) 50 percent, multiplied by— 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00416 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 417 •HR 1319 RH ‘‘(aa) the total amount ex- 1 pended by the State for basic as- 2 sistance, non-recurrent short 3 term benefits, and emergency as- 4 sistance in fiscal year 2019, as 5 reported by the State under sec- 6 tion 411; divided by 7 ‘‘(bb) the total amount ex- 8 pended by the States that are not 9 territories for basic assistance, 10 non-recurrent short term bene- 11 fits, and emergency assistance in 12 fiscal year 2019, as so reported 13 by the States. 14 ‘‘(B) TERRITORIES AND INDIAN TRIBES.— 15 The Secretary shall allot among the territories 16 and Indian tribes otherwise eligible for a grant 17 under this part such portions of 7.5 percent of 18 the amount specified in paragraph (2) that are 19 not reserved under paragraph (3) as the Sec- 20 retary deems appropriate based on the needs of 21 the territory or tribe involved. 22 ‘‘(C) EXPENDITURE COMMITMENT RE- 23 QUIREMENT.—To receive the full amount of 24 funding payable under this subsection, a State 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00417 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 418 •HR 1319 RH or Indian tribe shall inform the Secretary as to 1 whether it intends to use all of its allotment 2 under this paragraph and provide that informa- 3 tion— 4 ‘‘(i) in the case of a State that is not 5 a territory, within 45 days after the date 6 of the enactment of this subsection; or 7 ‘‘(ii) in the case of a territory or an 8 Indian tribe, within 90 days after such 9 date of enactment. 10 ‘‘(5) GRANTS.— 11 ‘‘(A) IN GENERAL.—The Secretary shall 12 provide funds to each State and Indian tribe to 13 which an amount is allotted under paragraph 14 (4), from the amount so allotted. 15 ‘‘(B) TREATMENT OF UNUSED FUNDS.— 16 ‘‘(i) REALLOTMENT.—The Secretary 17 shall reallot in accordance with paragraph 18 (4) all funds provided to any State or In- 19 dian tribe under this subsection that are 20 unused, among the other States and In- 21 dian tribes eligible for funds under this 22 subsection. For purposes of paragraph (4), 23 the Secretary shall treat the funds as if in- 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00418 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 419 •HR 1319 RH cluded in the amount specified in para- 1 graph (2). 2 ‘‘(ii) PROVISION.—The Secretary shall 3 provide funds to each such other State or 4 Indian tribe in an amount equal to the 5 amount so reallotted. 6 ‘‘(6) RECIPIENT OF FUNDS PROVIDED FOR TER- 7 RITORIES.—In the case of a territory not operating 8 a program funded under this part, the Secretary 9 shall provide the funds required to be provided to 10 the territory under this subsection, to the agency 11 that administers the bulk of local human services 12 programs in the territory. 13 ‘‘(7) USE OF FUNDS.— 14 ‘‘(A) IN GENERAL.—A State or Indian 15 tribe to which funds are provided under this 16 subsection may use the funds only for non-re- 17 current short term benefits, whether in the 18 form of cash or in other forms. 19 ‘‘(B) LIMITATION ON USE FOR ADMINIS- 20 TRATIVE EXPENSES.—A State to which funds 21 are provided under this subsection shall not ex- 22 pend more than 15 percent of the funds for ad- 23 ministrative purposes. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00419 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 420 •HR 1319 RH ‘‘(C) NONSUPPLANTATION.—Funds pro- 1 vided under this subsection shall be used to 2 supplement and not supplant other Federal, 3 State, or tribal funds for services and activities 4 that promote the purposes of this part. 5 ‘‘(D) EXPENDITURE DEADLINE.— 6 ‘‘(i) IN GENERAL.—Except as pro- 7 vided in clause (ii), a State or Indian tribe 8 to which funds are provided under this 9 subsection shall expend the funds not later 10 than the end of fiscal year 2022. 11 ‘‘(ii) EXCEPTION FOR REALLOTTED 12 FUNDS.—A State or Indian tribe to which 13 funds are provided under paragraph (5)(B) 14 shall expend the funds within 12 months 15 after receipt. 16 ‘‘(8) EXPENDITURE REPORTS.— 17 ‘‘(A) IN GENERAL.—On expending all 18 funds provided to a State or Indian tribe under 19 this subsection, the entity shall submit to the 20 Secretary a written report that describes how 21 the funds were expended, which report shall be 22 so submitted— 23 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00420 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 421 •HR 1319 RH ‘‘(i) if the entity is a State that is not 1 a territory, within 90 days after expendi- 2 ture; or 3 ‘‘(ii) if the entity is a territory or is 4 operating a tribal program funded under 5 this part, within 120 days after expendi- 6 ture. 7 ‘‘(B) AUTHORITY TO COLLECT AND AD- 8 JUST EXPENDITURE DATA.—For the purpose of 9 determining whether a State has expended the 10 funds provided to the State under this sub- 11 section, the Secretary may— 12 ‘‘(i) develop a mechanism for col- 13 lecting the expenditure data; 14 ‘‘(ii) make appropriate adjustments to 15 the data, on a State-by-State basis, to en- 16 sure that the data are comparable with re- 17 spect to the groups of families served and 18 the types of aid provided; and 19 ‘‘(iii) set deadlines for making revi- 20 sions to the data. 21 ‘‘(9) SUSPENSION OF TERRITORY SPENDING 22 CAP.—Section 1108 shall not apply with respect to 23 any funds provided under this subsection. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00421 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 422 •HR 1319 RH ‘‘(10) IMPLEMENTATION.—The Secretary shall 1 implement this subsection as soon as is practicable, 2 pursuant to appropriate guidance to States. 3 ‘‘(11) DEFINITIONS.—In this subsection: 4 ‘‘(A) APPLICABLE PERIOD.—The term ‘ap- 5 plicable period’ means the period that begins 6 with April 1, 2021, and ends with September 7 30, 2022. 8 ‘‘(B) NON-RECURRENT SHORT TERM BEN- 9 EFITS.—The term ‘non-recurrent short term 10 benefits’ has the meaning given the term in 11 OMB approved Form ACF-196R, published on 12 July 31, 2014. 13 ‘‘(C) STATE.—The term ‘State’ means the 14 50 States of the United States, the District of 15 Columbia, and the territories. 16 ‘‘(D) TERRITORY.—The term ‘territory’ 17 means the Commonwealth of Puerto Rico, the 18 United States Virgin Islands, Guam, American 19 Samoa, and the Commonwealth of the Northern 20 Mariana Islands.’’. 21 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00422 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 423 •HR 1319 RH Subtitle D—Elder Justice and 1 Support Guarantee 2 SEC. 9301. ADDITIONAL FUNDING FOR AGING AND DIS- 3 ABILITY SERVICES PROGRAMS. 4 Subtitle A of title XX of the Social Security Act (42 5 U.S.C. 1397-1397h) is amended by adding at the end the 6 following: 7 ‘‘SEC. 2010. ADDITIONAL FUNDING FOR AGING AND DIS- 8 ABILITY SERVICES PROGRAMS. 9 ‘‘(a) APPROPRIATION.—In addition to amounts oth- 10 erwise available, there is appropriated for fiscal year 2021, 11 out of any money in the Treasury not otherwise appro- 12 priated, $276,000,000, to remain available until expended, 13 to carry out the programs described in subtitle B. 14 ‘‘(b) USE OF FUNDS.— 15 ‘‘(1) IN GENERAL.—Of the amounts made 16 available by subsection (a)— 17 ‘‘(A) $88,000,000 shall be made available 18 to carry out the programs described in subtitle 19 B in fiscal year 2021, of which not less than an 20 amount equal to $100,0000,000 minus the 21 amount previously provided in fiscal year 2021 22 to carry out section 2042(b) shall be made 23 available to carry out such section; and 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00423 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 424 •HR 1319 RH ‘‘(B) $188,000,000 shall be made available 1 to carry out the programs described in subtitle 2 B in fiscal year 2022, of which not less than 3 $100,000,000 shall be for activities described in 4 section 2042(b). 5 ‘‘(2) SERVICES FOR ALL ADULTS.—The 6 amounts made available by subsection (a) of this 7 section to carry out section 2042(b) may be used to 8 provide services under programs described in section 9 2042(b) for all adults.’’. 10 Subtitle E—Support to Skilled 11 Nursing Facilities in Response 12 to COVID–19 13 SEC. 9401. PROVIDING FOR INFECTION CONTROL SUPPORT 14 TO SKILLED NURSING FACILITIES THROUGH 15 CONTRACTS WITH QUALITY IMPROVEMENT 16 ORGANIZATIONS. 17 Section 1862(g) of the Social Security Act (42 U.S.C. 18 1395y(g)) is amended— 19 (1) by striking ‘‘The Secretary’’ and inserting 20 ‘‘(1) The Secretary’’; and 21 (2) by adding at the end the following new 22 paragraph: 23 ‘‘(2) In addition to any amounts otherwise available, 24 there is appropriated to the Secretary, out of any monies 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00424 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 425 •HR 1319 RH in the Treasury not otherwise appropriated, 1 $200,000,000, to remain available until expended, for pur- 2 poses of carrying out infection control support (as deter- 3 mined appropriate by the Secretary) through the develop- 4 ment and dissemination of protocols relating to the pre- 5 vention or mitigation of COVID–19 in skilled nursing fa- 6 cilities (as defined in section 1819(a)).’’. 7 SEC. 9402. FUNDING FOR STRIKE TEAMS FOR RESIDENT 8 AND EMPLOYEE SAFETY IN SKILLED NURS- 9 ING FACILITIES. 10 Section 1819 of the Social Security Act (42 U.S.C. 11 1395i–3) is amended by adding at the end the following 12 new subsection: 13 ‘‘(k) FUNDING FOR STRIKE TEAMS.—In addition to 14 amounts otherwise available, there is appropriated to the 15 Secretary, out of any monies in the Treasury not otherwise 16 appropriated, $250,000,000, to remain available until ex- 17 pended, for purposes of allocating such amount among the 18 States (including the District of Columbia and each terri- 19 tory of the United States) to increase the capacity of such 20 a State to respond to COVID–19 by allowing such a State 21 to establish and implement a strike team that will be de- 22 ployed to a skilled nursing facility in the State with diag- 23 nosed or suspected cases of COVID–19 among residents 24 or staff for the purposes of assisting with clinical care, 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00425 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 426 •HR 1319 RH infection control, or staffing during the emergency period 1 described in section 1135(g)(1)(B).’’. 2 Subtitle F—Preserving Health 3 Benefits for Workers 4 SEC. 9500. SHORT TITLE. 5 This subtitle may be cited as the ‘‘Worker Health 6 Coverage Protection Act’’. 7 SEC. 9501. PRESERVING HEALTH BENEFITS FOR WORKERS. 8 (a) PREMIUM ASSISTANCE FOR COBRA CONTINU- 9 ATION COVERAGE FOR INDIVIDUALS AND THEIR FAMI- 10 LIES.— 11 (1) PROVISION OF PREMIUM ASSISTANCE.— 12 (A) REDUCTION OF PREMIUMS PAY- 13 ABLE.—In the case of any premium for a pe- 14 riod of coverage during the period beginning on 15 the first day of the first month beginning after 16 the date of the enactment of this Act, and end- 17 ing on September 30, 2021, for COBRA con- 18 tinuation coverage with respect to any assist- 19 ance eligible individual described in paragraph 20 (3), such individual shall be treated for pur- 21 poses of any COBRA continuation provision as 22 having paid the amount of such premium if 23 such individual pays (or any person other than 24 such individual’s employer pays on behalf of 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00426 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 427 •HR 1319 RH such individual) 15 percent of the amount of 1 such premium. 2 (B) PLAN ENROLLMENT OPTION.— 3 (i) IN GENERAL.—Notwithstanding 4 the COBRA continuation provisions, any 5 assistance eligible individual who is en- 6 rolled in a group health plan offered by a 7 plan sponsor may, not later than 90 days 8 after the date of notice of the plan enroll- 9 ment option described in this subpara- 10 graph, elect to enroll in coverage under a 11 plan offered by such plan sponsor that is 12 different than coverage under the plan in 13 which such individual was enrolled at the 14 time, in the case of any assistance eligible 15 individual described in paragraph (3), the 16 qualifying event specified in section 603(2) 17 of the Employee Retirement Income Secu- 18 rity Act of 1974, section 4980B(f)(3)(B) 19 of the Internal Revenue Code of 1986, or 20 section 2203(2) of the Public Health Serv- 21 ice Act, except for the voluntary termi- 22 nation of such individual’s employment by 23 such individual, occurred, and such cov- 24 erage shall be treated as COBRA continu- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00427 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 428 •HR 1319 RH ation coverage for purposes of the applica- 1 ble COBRA continuation coverage provi- 2 sion. 3 (ii) REQUIREMENTS.—Any assistance 4 eligible individual may elect to enroll in 5 different coverage as described in clause (i) 6 only if— 7 (I) the employer involved has 8 made a determination that such em- 9 ployer will permit such assistance eli- 10 gible individual to enroll in different 11 coverage as provided under this sub- 12 paragraph; 13 (II) the premium for such dif- 14 ferent coverage does not exceed the 15 premium for coverage in which such 16 individual was enrolled at the time 17 such qualifying event occurred; 18 (III) the different coverage in 19 which the individual elects to enroll is 20 coverage that is also offered to simi- 21 larly situated active employees of the 22 employer at the time at which such 23 election is made; and 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00428 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 429 •HR 1319 RH (IV) the different coverage in 1 which the individual elects to enroll is 2 not— 3 (aa) coverage that provides 4 only excepted benefits as defined 5 in section 9832(c) of the Internal 6 Revenue Code of 1986, section 7 733(c) of the Employee Retire- 8 ment Income Security Act of 9 1974, and section 2791(c) of the 10 Public Health Service Act; 11 (bb) a qualified small em- 12 ployer health reimbursement ar- 13 rangement (as defined in section 14 9831(d)(2) of the Internal Rev- 15 enue Code of 1986); or 16 (cc) a flexible spending ar- 17 rangement (as defined in section 18 106(c)(2) of the Internal Rev- 19 enue Code of 1986). 20 (2) LIMITATION OF PERIOD OF PREMIUM AS- 21 SISTANCE.— 22 (A) ELIGIBILITY FOR ADDITIONAL COV- 23 ERAGE.—Paragraph (1)(A) shall not apply with 24 respect to any assistance eligible individual de- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00429 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 430 •HR 1319 RH scribed in paragraph (3) for months of coverage 1 beginning on or after the earlier of— 2 (i) the first date that such individual 3 is eligible for coverage under any other 4 group health plan (other than coverage 5 consisting of only excepted benefits (as de- 6 fined in section 9832(c) of the Internal 7 Revenue Code of 1986, section 733(c) of 8 the Employee Retirement Income Security 9 Act of 1974, and section 2791(c) of the 10 Public Health Service Act), coverage under 11 a flexible spending arrangement (as de- 12 fined in section 106(c)(2) of the Internal 13 Revenue Code of 1986), coverage under a 14 qualified small employer health reimburse- 15 ment arrangement (as defined in section 16 9831(d)(2) of the Internal Revenue Code 17 of 1986)), or eligible for benefits under the 18 Medicare program under title XVIII of the 19 Social Security Act; or 20 (ii) the earlier of— 21 (I) the date following the expira- 22 tion of the maximum period of con- 23 tinuation coverage required under the 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00430 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 431 •HR 1319 RH applicable COBRA continuation cov- 1 erage provision; or 2 (II) the date following the expira- 3 tion of the period of continuation cov- 4 erage allowed under paragraph 5 (4)(B)(ii). 6 (B) NOTIFICATION REQUIREMENT.—Any 7 assistance eligible individual shall notify the 8 group health plan with respect to which para- 9 graph (1)(A) applies if such paragraph ceases 10 to apply by reason of clause (i) of subparagraph 11 (A) (as applicable). Such notice shall be pro- 12 vided to the group health plan in such time and 13 manner as may be specified by the Secretary of 14 Labor. 15 (3) ASSISTANCE ELIGIBLE INDIVIDUAL.—For 16 purposes of this section, the term ‘‘assistance eligible 17 individual’’ means, with respect to a period of cov- 18 erage during the period beginning on the first day 19 of the first month beginning after the date of the en- 20 actment of this Act, and ending on September 30, 21 2021, any individual that is a qualified beneficiary 22 who— 23 (A) is eligible for COBRA continuation 24 coverage by reason of a qualifying event speci- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00431 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 432 •HR 1319 RH fied in section 603(2) of the Employee Retire- 1 ment Income Security Act of 1974, section 2 4980B(f)(3)(B) of the Internal Revenue Code 3 of 1986, or section 2203(2) of the Public 4 Health Service Act, except for the voluntary 5 termination of such individual’s employment by 6 such individual; and 7 (B) elects such coverage. 8 (4) EXTENSION OF ELECTION PERIOD AND EF- 9 FECT ON COVERAGE.— 10 (A) IN GENERAL.—For purposes of apply- 11 ing section 605(a) of the Employee Retirement 12 Income Security Act of 1974, section 13 4980B(f)(5)(A) of the Internal Revenue Code 14 of 1986, and section 2205(a) of the Public 15 Health Service Act, in the case of— 16 (i) an individual who does not have an 17 election of COBRA continuation coverage 18 in effect on the first day of the first month 19 beginning after the date of the enactment 20 of this Act but who would be an assistance 21 eligible individual described in paragraph 22 (3) if such election were so in effect; or 23 (ii) an individual who elected COBRA 24 continuation coverage and discontinued 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00432 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 433 •HR 1319 RH from such coverage before the first day of 1 the first month beginning after the date of 2 the enactment of this Act, 3 such individual may elect the COBRA continu- 4 ation coverage under the COBRA continuation 5 coverage provisions containing such provisions 6 during the period beginning on the first day of 7 the first month beginning after the date of the 8 enactment of this Act and ending 60 days after 9 the date on which the notification required 10 under paragraph (6)(C) is provided to such in- 11 dividual. 12 (B) COMMENCEMENT OF COBRA CONTINU- 13 ATION COVERAGE.—Any COBRA continuation 14 coverage elected by a qualified beneficiary dur- 15 ing an extended election period under subpara- 16 graph (A)— 17 (i) shall commence (including for pur- 18 poses of applying the treatment of pre- 19 mium payments under paragraph (1)(A) 20 and any cost-sharing requirements for 21 items and services under a group health 22 plan) with the first period of coverage be- 23 ginning on or after the first day of the 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00433 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 434 •HR 1319 RH first month beginning after the date of the 1 enactment of this Act, and 2 (ii) shall not extend beyond the period 3 of COBRA continuation coverage that 4 would have been required under the appli- 5 cable COBRA continuation coverage provi- 6 sion if the coverage had been elected as re- 7 quired under such provision. 8 (5) EXPEDITED REVIEW OF DENIALS OF PRE- 9 MIUM ASSISTANCE.—In any case in which an indi- 10 vidual requests treatment as an assistance eligible 11 individual described in paragraph (3) and is denied 12 such treatment by the group health plan, the Sec- 13 retary of Labor (or the Secretary of Health and 14 Human Services in connection with COBRA con- 15 tinuation coverage which is provided other than pur- 16 suant to part 6 of subtitle B of title I of the Em- 17 ployee Retirement Income Security Act of 1974), in 18 consultation with the Secretary of the Treasury, 19 shall provide for expedited review of such denial. An 20 individual shall be entitled to such review upon ap- 21 plication to such Secretary in such form and manner 22 as shall be provided by such Secretary, in consulta- 23 tion with the Secretary of the Treasury. Such Sec- 24 retary shall make a determination regarding such in- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00434 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 435 •HR 1319 RH dividual’s eligibility within 15 business days after re- 1 ceipt of such individual’s application for review 2 under this paragraph. Such Secretary’s determina- 3 tion upon review of the denial shall be de novo and 4 shall be the final determination of such Secretary. A 5 reviewing court shall grant deference to such Sec- 6 retary’s determination. The provisions of this para- 7 graph, paragraphs (1) through (4), and paragraphs 8 (6) through (7) shall be treated as provisions of title 9 I of the Employee Retirement Income Security Act 10 of 1974 for purposes of part 5 of subtitle B of such 11 title. 12 (6) NOTICES TO INDIVIDUALS.— 13 (A) GENERAL NOTICE.— 14 (i) IN GENERAL.—In the case of no- 15 tices provided under section 606(a)(4) of 16 the Employee Retirement Income Security 17 Act of 1974 (29 U.S.C. 1166(4)), section 18 4980B(f)(6)(D) of the Internal Revenue 19 Code of 1986, or section 2206(4) of the 20 Public Health Service Act (42 U.S.C. 21 300bb–6(4)), with respect to individuals 22 who, during the period described in para- 23 graph (3), become entitled to elect COBRA 24 continuation coverage, the requirements of 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00435 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 436 •HR 1319 RH such provisions shall not be treated as met 1 unless such notices include an additional 2 written notification to the recipient in clear 3 and understandable language of— 4 (I) the availability of premium 5 assistance with respect to such cov- 6 erage under this subsection; and 7 (II) the option to enroll in dif- 8 ferent coverage if the employer per- 9 mits assistance eligible individuals de- 10 scribed in paragraph (3) to elect en- 11 rollment in different coverage (as de- 12 scribed in paragraph (1)(B)). 13 (ii) ALTERNATIVE NOTICE.—In the 14 case of COBRA continuation coverage to 15 which the notice provision under such sec- 16 tions does not apply, the Secretary of 17 Labor, in consultation with the Secretary 18 of the Treasury and the Secretary of 19 Health and Human Services, shall, in con- 20 sultation with administrators of the group 21 health plans (or other entities) that provide 22 or administer the COBRA continuation 23 coverage involved, provide rules requiring 24 the provision of such notice. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00436 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 437 •HR 1319 RH (iii) FORM.—The requirement of the 1 additional notification under this subpara- 2 graph may be met by amendment of exist- 3 ing notice forms or by inclusion of a sepa- 4 rate document with the notice otherwise 5 required. 6 (B) SPECIFIC REQUIREMENTS.—Each ad- 7 ditional notification under subparagraph (A) 8 shall include— 9 (i) the forms necessary for estab- 10 lishing eligibility for premium assistance 11 under this subsection; 12 (ii) the name, address, and telephone 13 number necessary to contact the plan ad- 14 ministrator and any other person main- 15 taining relevant information in connection 16 with such premium assistance; 17 (iii) a description of the extended elec- 18 tion period provided for in paragraph 19 (4)(A); 20 (iv) a description of the obligation of 21 the qualified beneficiary under paragraph 22 (2)(B) and the penalty provided under sec- 23 tion 6720C of the Internal Revenue Code 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00437 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 438 •HR 1319 RH of 1986 for failure to carry out the obliga- 1 tion; 2 (v) a description, displayed in a 3 prominent manner, of the qualified bene- 4 ficiary’s right to a reduced premium and 5 any conditions on entitlement to the re- 6 duced premium; and 7 (vi) a description of the option of the 8 qualified beneficiary to enroll in different 9 coverage if the employer permits such ben- 10 eficiary to elect to enroll in such different 11 coverage under paragraph (1)(B). 12 (C) NOTICE IN CONNECTION WITH EX- 13 TENDED ELECTION PERIODS.—In the case of 14 any assistance eligible individual described in 15 paragraph (3) (or any individual described in 16 paragraph (4)(A)) who became entitled to elect 17 COBRA continuation coverage before the first 18 day of the first month beginning after the date 19 of the enactment of this Act, the administrator 20 of the applicable group health plan (or other 21 entity) shall provide (within 60 days after such 22 first day of such first month) for the additional 23 notification required to be provided under sub- 24 paragraph (A) and failure to provide such no- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00438 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 439 •HR 1319 RH tice shall be treated as a failure to meet the no- 1 tice requirements under the applicable COBRA 2 continuation provision. 3 (D) MODEL NOTICES.—Not later than 30 4 days after the date of enactment of this Act, 5 with respect to any assistance eligible individual 6 described in paragraph (3), the Secretary of 7 Labor, in consultation with the Secretary of the 8 Treasury and the Secretary of Health and 9 Human Services, shall prescribe models for the 10 additional notification required under this para- 11 graph. 12 (7) NOTICE OF EXPIRATION OF PERIOD OF 13 PREMIUM ASSISTANCE.— 14 (A) IN GENERAL.—With respect to any as- 15 sistance eligible individual, subject to subpara- 16 graph (B), the requirements of section 17 606(a)(4) of the Employee Retirement Income 18 Security Act of 1974 (29 U.S.C. 1166(4)), sec- 19 tion 4980B(f)(6)(D) of the Internal Revenue 20 Code of 1986, or section 2206(4) of the Public 21 Health Service Act (42 U.S.C. 300bb–6(4)), 22 shall not be treated as met unless the plan ad- 23 ministrator of the individual, during the period 24 specified under subparagraph (C), provides to 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00439 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 440 •HR 1319 RH such individual a written notice in clear and un- 1 derstandable language— 2 (i) that the premium assistance for 3 such individual will expire soon and the 4 prominent identification of the date of 5 such expiration; and 6 (ii) that such individual may be eligi- 7 ble for coverage without any premium as- 8 sistance through— 9 (I) COBRA continuation cov- 10 erage; or 11 (II) coverage under a group 12 health plan. 13 (B) EXCEPTION.—The requirement for the 14 group health plan administrator to provide the 15 written notice under subparagraph (A) shall be 16 waived if the premium assistance for such indi- 17 vidual expires pursuant to clause (i) of para- 18 graph (2)(A). 19 (C) PERIOD SPECIFIED.—For purposes of 20 subparagraph (A), the period specified in this 21 subparagraph is, with respect to the date of ex- 22 piration of premium assistance for any assist- 23 ance eligible individual pursuant to a limitation 24 requiring a notice under this paragraph, the pe- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00440 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 441 •HR 1319 RH riod beginning on the day that is 45 days before 1 the date of such expiration and ending on the 2 day that is 15 days before the date of such ex- 3 piration. 4 (D) MODEL NOTICES.—Not later than 45 5 days after the date of enactment of this Act, 6 with respect to any assistance eligible indi- 7 vidual, the Secretary of Labor, in consultation 8 with the Secretary of the Treasury and the Sec- 9 retary of Health and Human Services, shall 10 prescribe models for the notification required 11 under this paragraph. 12 (8) REGULATIONS.—The Secretary of the 13 Treasury and the Secretary of Labor may jointly 14 prescribe such regulations or other guidance as may 15 be necessary or appropriate to carry out the provi- 16 sions of this subsection, including the prevention of 17 fraud and abuse under this subsection, except that 18 the Secretary of Labor and the Secretary of Health 19 and Human Services may prescribe such regulations 20 (including interim final regulations) or other guid- 21 ance as may be necessary or appropriate to carry 22 out the provisions of paragraphs (5), (6), (7), and 23 (9). 24 (9) OUTREACH.— 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00441 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 442 •HR 1319 RH (A) IN GENERAL.—The Secretary of 1 Labor, in consultation with the Secretary of the 2 Treasury and the Secretary of Health and 3 Human Services, shall provide outreach con- 4 sisting of public education and enrollment as- 5 sistance relating to premium assistance pro- 6 vided under this subsection. Such outreach shall 7 target employers, group health plan administra- 8 tors, public assistance programs, States, insur- 9 ers, and other entities as determined appro- 10 priate by such Secretaries. Such outreach shall 11 include an initial focus on those individuals 12 electing continuation coverage who are referred 13 to in paragraph (6)(C). Information on such 14 premium assistance, including enrollment, shall 15 also be made available on websites of the De- 16 partments of Labor, Treasury, and Health and 17 Human Services. 18 (B) ENROLLMENT UNDER MEDICARE.— 19 The Secretary of Health and Human Services 20 shall provide outreach consisting of public edu- 21 cation. Such outreach shall target individuals 22 who lose health insurance coverage. Such out- 23 reach shall include information regarding en- 24 rollment for benefits under title XVIII of the 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00442 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 443 •HR 1319 RH Social Security Act (42 U.S.C. 1395 et seq.) for 1 purposes of preventing mistaken delays of such 2 enrollment by such individuals, including life- 3 time penalties for failure of timely enrollment. 4 (10) DEFINITIONS.—For purposes of this sec- 5 tion: 6 (A) ADMINISTRATOR.—The term ‘‘admin- 7 istrator’’ has the meaning given such term in 8 section 3(16)(A) of the Employee Retirement 9 Income Security Act of 1974. 10 (B) COBRA CONTINUATION COVERAGE.— 11 The term ‘‘COBRA continuation coverage’’ 12 means continuation coverage provided pursuant 13 to part 6 of subtitle B of title I of the Em- 14 ployee Retirement Income Security Act of 1974 15 (other than under section 609), title XXII of 16 the Public Health Service Act, or section 17 4980B of the Internal Revenue Code of 1986 18 (other than subsection (f)(1) of such section in- 19 sofar as it relates to pediatric vaccines), or 20 under a State program that provides com- 21 parable continuation coverage. Such term does 22 not include coverage under a health flexible 23 spending arrangement under a cafeteria plan 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00443 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 444 •HR 1319 RH within the meaning of section 125 of the Inter- 1 nal Revenue Code of 1986. 2 (C) COBRA CONTINUATION PROVISION.— 3 The term ‘‘COBRA continuation provision’’ 4 means the provisions of law described in sub- 5 paragraph (B). 6 (D) COVERED EMPLOYEE.—The term 7 ‘‘covered employee’’ has the meaning given such 8 term in section 607(2) of the Employee Retire- 9 ment Income Security Act of 1974. 10 (E) QUALIFIED BENEFICIARY.—The term 11 ‘‘qualified beneficiary’’ has the meaning given 12 such term in section 607(3) of the Employee 13 Retirement Income Security Act of 1974. 14 (F) GROUP HEALTH PLAN.—The term 15 ‘‘group health plan’’ has the meaning given 16 such term in section 607(1) of the Employee 17 Retirement Income Security Act of 1974. 18 (G) STATE.—The term ‘‘State’’ includes 19 the District of Columbia, the Commonwealth of 20 Puerto Rico, the Virgin Islands, Guam, Amer- 21 ican Samoa, and the Commonwealth of the 22 Northern Mariana Islands. 23 (H) PERIOD OF COVERAGE.—Any ref- 24 erence in this subsection to a period of coverage 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00444 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 445 •HR 1319 RH shall be treated as a reference to a monthly or 1 shorter period of coverage with respect to which 2 premiums are charged with respect to such cov- 3 erage. 4 (I) PLAN SPONSOR.—The term ‘‘plan 5 sponsor’’ has the meaning given such term in 6 section 3(16)(B) of the Employee Retirement 7 Income Security Act of 1974. 8 (J) PREMIUM.—The term ‘‘premium’’ in- 9 cludes, with respect to COBRA continuation 10 coverage, any administrative fee. 11 (11) IMPLEMENTATION FUNDING.—In addition 12 to amounts otherwise made available, out of any 13 funds in the Treasury not otherwise appropriated, 14 there are appropriated to the Secretary of Labor for 15 fiscal year 2021, $10,000,000, to remain available 16 until expended, for the Employee Benefits Security 17 Administration to carry out the provisions of this 18 subtitle. 19 (b) COBRA PREMIUM ASSISTANCE.— 20 (1) ALLOWANCE OF CREDIT.— 21 (A) IN GENERAL.—Subchapter B of chap- 22 ter 65 of the Internal Revenue Code of 1986 is 23 amended by adding at the end the following 24 new section: 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00445 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 446 •HR 1319 RH ‘‘SEC. 6432. CONTINUATION COVERAGE PREMIUM ASSIST- 1 ANCE. 2 ‘‘(a) IN GENERAL.—The person to whom premiums 3 are payable for continuation coverage under section 4 9501(a)(1) of the Worker Health Coverage Protection Act 5 shall be allowed as a credit against the tax imposed by 6 section 3111(b), or so much of the taxes imposed under 7 section 3221(a) as are attributable to the rate in effect 8 under section 3111(b), for each calendar quarter an 9 amount equal to the premiums not paid by assistance eligi- 10 ble individuals for such coverage by reason of such section 11 9501(a)(1) with respect to such calendar quarter. 12 ‘‘(b) PERSON TO WHOM PREMIUMS ARE PAYABLE.— 13 For purposes of subsection (a), except as otherwise pro- 14 vided by the Secretary, the person to whom premiums are 15 payable under such continuation coverage shall be treated 16 as being— 17 ‘‘(1) in the case of any group health plan which 18 is a multiemployer plan (as defined in section 3(37) 19 of the Employee Retirement Income Security Act of 20 1974), the plan, 21 ‘‘(2) in the case of any group health plan not 22 described in paragraph (1), and under which some 23 or all of the coverage is not provided by insurance, 24 the employer maintaining the plan, and 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00446 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 447 •HR 1319 RH ‘‘(3) in the case of any group health plan not 1 described in paragraph (1) or (2), the insurer pro- 2 viding the coverage under the group health plan. 3 ‘‘(c) LIMITATIONS AND REFUNDABILITY.— 4 ‘‘(1) CREDIT LIMITED TO CERTAIN EMPLOY- 5 MENT TAXES.—The credit allowed by subsection (a) 6 with respect to any calendar quarter shall not exceed 7 the tax imposed by section 3111(b), or so much of 8 the taxes imposed under section 3221(a) as are at- 9 tributable to the rate in effect under section 10 3111(b), for such calendar quarter (reduced by any 11 credits allowed against such taxes under sections 12 7001 and 7003 of the Families First Coronavirus 13 Response Act and section 2301 of the CARES Act) 14 on the wages paid with respect to the employment 15 of all employees of the employer. 16 ‘‘(2) REFUNDABILITY OF EXCESS CREDIT.— 17 ‘‘(A) CREDIT IS REFUNDABLE.—If the 18 amount of the credit under subsection (a) ex- 19 ceeds the limitation of paragraph (1) for any 20 calendar quarter, such excess shall be treated 21 as an overpayment that shall be refunded under 22 sections 6402(a) and 6413(b). 23 ‘‘(B) CREDIT MAY BE ADVANCED.—In an- 24 ticipation of the credit, including the refundable 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00447 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 448 •HR 1319 RH portion under subparagraph (A), the credit may 1 be advanced, according to forms and instruc- 2 tions provided by the Secretary, up to an 3 amount calculated under subsection (a) through 4 the end of the most recent payroll period in the 5 quarter. 6 ‘‘(C) TREATMENT OF DEPOSITS.—The 7 Secretary shall waive any penalty under section 8 6656 for any failure to make a deposit of the 9 tax imposed by section 3111(b), or so much of 10 the taxes imposed under section 3221(a) as are 11 attributable to the rate in effect under section 12 3111(b), if the Secretary determines that such 13 failure was due to the anticipation of the credit 14 allowed under this section. 15 ‘‘(D) TREATMENT OF PAYMENTS.—For 16 purposes of section 1324 of title 31, United 17 States Code, any amounts due to an employer 18 under this paragraph shall be treated in the 19 same manner as a refund due from a credit 20 provision referred to in subsection (b)(2) of 21 such section. 22 ‘‘(3) OVERSTATEMENTS.—Any overstatement of 23 the credit to which a person is entitled under this 24 section (and any amount paid by the Secretary as a 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00448 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 449 •HR 1319 RH result of such overstatement) shall be treated as an 1 underpayment by such person of the taxes described 2 in paragraph (1) and may be assessed and collected 3 by the Secretary in the same manner as such taxes. 4 ‘‘(d) GOVERNMENTAL ENTITIES.—For purposes of 5 this section, the term ‘person’ includes the government of 6 any State or political subdivision thereof, any Indian tribal 7 government (as defined in section 139E(c)(1)), any agency 8 or instrumentality of any of the foregoing, and any agency 9 or instrumentality of the Government of the United States 10 that is described in section 501(c)(1) and exempt from 11 taxation under section 501(a). 12 ‘‘(e) DENIAL OF DOUBLE BENEFIT.—For purposes 13 of chapter 1, the gross income of any person allowed a 14 credit under this section shall be increased for the taxable 15 year which includes the last day of any calendar quarter 16 with respect to which such credit is allowed by the amount 17 of such credit. No amount for which a credit is allowed 18 under this section shall be taken into account as qualified 19 wages under section 2301 of the CARES Act or as quali- 20 fied health plan expenses under section 7001(d) or 21 7003(d) of the Families First Coronavirus Response Act. 22 ‘‘(f) REGULATIONS.—The Secretary shall issue such 23 regulations, or other guidance, forms, instructions, and 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00449 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 450 •HR 1319 RH publications, as may be necessary or appropriate to carry 1 out this section, including— 2 ‘‘(1) the requirement to report information or 3 the establishment of other methods for verifying the 4 correct amounts of reimbursements under this sec- 5 tion, 6 ‘‘(2) the application of this section to group 7 health plans that are multiemployer plans (as de- 8 fined in section 3(37) of the Employee Retirement 9 Income Security Act of 1974), 10 ‘‘(3) to allow the advance payment of the credit 11 determined under subsection (a), subject to the limi- 12 tations provided in this section, based on such infor- 13 mation as the Secretary shall require, 14 ‘‘(4) to provide for the reconciliation of such 15 advance payment with the amount of the credit at 16 the time of filing the return of tax for the applicable 17 quarter or taxable year, and 18 ‘‘(5) allowing the credit to third party payors 19 (including professional employer organizations, cer- 20 tified professional employer organizations, or agents 21 under section 3504).’’. 22 (B) CLERICAL AMENDMENT.—The table of 23 sections for subchapter B of chapter 65 of the 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00450 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 451 •HR 1319 RH Internal Revenue Code of 1986 is amended by 1 adding at the end the following new item: 2 ‘‘Sec. 6432. Continuation coverage premium assistance.’’. (C) EFFECTIVE DATE.—The amendments 3 made by this paragraph shall apply to pre- 4 miums to which subsection (a)(1)(A) applies 5 and wages paid on or after April 1, 2021. 6 (D) SPECIAL RULE IN CASE OF EMPLOYEE 7 PAYMENT THAT IS NOT REQUIRED UNDER THIS 8 SECTION.— 9 (i) IN GENERAL.—In the case of an 10 assistance eligible individual who pays, 11 with respect any period of coverage to 12 which subsection (a)(1)(A) applies, the 13 amount of the premium for such coverage 14 that the individual would have (but for this 15 Act) been required to pay, the person to 16 whom such payment is payable shall reim- 17 burse such individual for the amount of 18 such premium paid in excess of the 19 amount required to be paid under sub- 20 section (a)(1)(A). 21 (ii) CREDIT OF REIMBURSEMENT.—A 22 person to which clause (i) applies shall be 23 allowed a credit in the manner provided 24 under section 6432 of the Internal Rev- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00451 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 452 •HR 1319 RH enue Code of 1986 for any payment made 1 to the employee under such clause. 2 (iii) PAYMENT OF CREDITS.—Any 3 person to which clause (i) applies shall 4 make the payment required under such 5 clause to the individual not later than 60 6 days after the date on which such indi- 7 vidual elects continuation coverage under 8 subsection (a)(1). 9 (2) PENALTY FOR FAILURE TO NOTIFY HEALTH 10 PLAN OF CESSATION OF ELIGIBILITY FOR PREMIUM 11 ASSISTANCE.— 12 (A) IN GENERAL.—Part I of subchapter B 13 of chapter 68 of the Internal Revenue Code of 14 1986 is amended by adding at the end the fol- 15 lowing new section: 16 ‘‘SEC. 6720C. PENALTY FOR FAILURE TO NOTIFY HEALTH 17 PLAN OF CESSATION OF ELIGIBILITY FOR 18 CONTINUATION COVERAGE PREMIUM ASSIST- 19 ANCE. 20 ‘‘(a) IN GENERAL.—Except in the case of a failure 21 described in subsection (b) or (c), any person required to 22 notify a group health plan under section 9501(a)(2)(B) 23 of the Worker Health Coverage Protection Act who fails 24 to make such a notification at such time and in such man- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00452 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 453 •HR 1319 RH ner as the Secretary of Labor may require shall pay a 1 penalty of $250 for each such failure. 2 ‘‘(b) INTENTIONAL FAILURE.—In the case of any 3 such failure that is fraudulent, such person shall pay a 4 penalty equal to the greater of— 5 ‘‘(1) $250, or 6 ‘‘(2) 110 percent of the premium assistance 7 provided under section 9501(a)(1)(A) of the Worker 8 Health Coverage Protection Act after termination of 9 eligibility under such section. 10 ‘‘(c) REASONABLE CAUSE EXCEPTION.—No penalty 11 shall be imposed under this section with respect to any 12 failure if it is shown that such failure is due to reasonable 13 cause and not to willful neglect.’’. 14 (B) CLERICAL AMENDMENT.—The table of 15 sections of part I of subchapter B of chapter 68 16 of such Code is amended by adding at the end 17 the following new item: 18 ‘‘Sec. 6720C. Penalty for failure to notify health plan of cessation of eligibility for continuation coverage premium assistance.’’. (3) COORDINATION WITH HCTC.— 19 (A) IN GENERAL.—Section 35(g)(9) of the 20 Internal Revenue Code of 1986 is amended to 21 read as follows: 22 ‘‘(9) CONTINUATION COVERAGE PREMIUM AS- 23 SISTANCE.—In the case of an assistance eligible in- 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00453 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 454 •HR 1319 RH dividual who receives premium assistance for con- 1 tinuation coverage under section 9501(a)(1) of the 2 Worker Health Coverage Protection Act for any 3 month during the taxable year, such individual shall 4 not be treated as an eligible individual, a certified 5 individual, or a qualifying family member for pur- 6 poses of this section or section 7527 with respect to 7 such month.’’. 8 (B) EFFECTIVE DATE.—The amendment 9 made by subparagraph (A) shall apply to tax- 10 able years ending after the date of the enact- 11 ment of this Act. 12 (4) EXCLUSION OF CONTINUATION COVERAGE 13 PREMIUM ASSISTANCE FROM GROSS INCOME.— 14 (A) IN GENERAL.—Part III of subchapter 15 B of chapter 1 of the Internal Revenue Code of 16 1986 is amended by inserting after section 17 139H the following new section: 18 ‘‘SEC. 139I. CONTINUATION COVERAGE PREMIUM ASSIST- 19 ANCE. 20 ‘‘In the case of an assistance eligible individual (as 21 defined in subsection (a)(3) of section 9501 of the Worker 22 Health Coverage Protection Act), gross income does not 23 include any premium assistance provided under subsection 24 (a)(1) of such section.’’. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00454 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 455 •HR 1319 RH (B) CLERICAL AMENDMENT.—The table of 1 sections for part III of subchapter B of chapter 2 1 of such Code is amended by inserting after 3 the item relating to section 139H the following 4 new item: 5 ‘‘Sec. 139I. Continuation coverage premium assistance.’’. (C) EFFECTIVE DATE.—The amendments 6 made by this paragraph shall apply to taxable 7 years ending after the date of the enactment of 8 this Act. 9 Subtitle G—Promoting Economic 10 Security 11 PART 1—2021 RECOVERY REBATES TO 12 INDIVIDUALS 13 SEC. 9601. 2021 RECOVERY REBATES TO INDIVIDUALS. 14 (a) IN GENERAL.—Subchapter B of chapter 65 of the 15 Internal Revenue Code of 1986 is amended by inserting 16 after section 6428A the following new section: 17 ‘‘SEC. 6428B. 2021 RECOVERY REBATES TO INDIVIDUALS. 18 ‘‘(a) IN GENERAL.—In the case of an eligible indi- 19 vidual, there shall be allowed as a credit against the tax 20 imposed by subtitle A for the first taxable year beginning 21 in 2021 an amount equal to the 2021 rebate amount de- 22 termined for such taxable year. 23 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00455 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 456 •HR 1319 RH ‘‘(b) 2021 REBATE AMOUNT.—For purposes of this 1 section, the term ‘2021 rebate amount’ means, with re- 2 spect to any taxpayer for any taxable year, the sum of— 3 ‘‘(1) $1,400 ($2,800 in the case of a joint re- 4 turn), plus 5 ‘‘(2) $1,400 multiplied by the number of de- 6 pendents of the taxpayer for such taxable year. 7 ‘‘(c) ELIGIBLE INDIVIDUAL.—For purposes of this 8 section, the term ‘eligible individual’ means any individual 9 other than— 10 ‘‘(1) any nonresident alien individual, 11 ‘‘(2) any individual who is a dependent of an- 12 other taxpayer for a taxable year beginning in the 13 calendar year in which the individual’s taxable year 14 begins, and 15 ‘‘(3) an estate or trust. 16 ‘‘(d) LIMITATION BASED ON ADJUSTED GROSS IN- 17 COME.— 18 ‘‘(1) IN GENERAL.—The amount of the credit 19 allowed by subsection (a) (determined without re- 20 gard to this subsection and subsection (f)) shall be 21 reduced (but not below zero) by the amount which 22 bears the same ratio to such credit (as so deter- 23 mined) as— 24 ‘‘(A) the excess of— 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00456 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 457 •HR 1319 RH ‘‘(i) the taxpayer’s adjusted gross in- 1 come for such taxable year, over 2 ‘‘(ii) $75,000, bears to 3 ‘‘(B) $25,000. 4 ‘‘(2) SPECIAL RULES.— 5 ‘‘(A) JOINT RETURN OR SURVIVING 6 SPOUSE.—In the case of a joint return or a sur- 7 viving spouse (as defined in section 2(a)), para- 8 graph (1) shall be applied by substituting 9 ‘$150,000’ for ‘$75,000’ and ‘$50,000’ for 10 ‘$25,000’. 11 ‘‘(B) HEAD OF HOUSEHOLD.—In the case 12 of a head of household (as defined in section 13 2(b)), paragraph (1) shall be applied by sub- 14 stituting ‘$112,500’ for ‘$75,000’ and 15 ‘$37,500’ for ‘$25,000’. 16 ‘‘(e) DEFINITIONS AND SPECIAL RULES.— 17 ‘‘(1) DEPENDENT DEFINED.—For purposes of 18 this section, the term ‘dependent’ has the meaning 19 given such term by section 152. 20 ‘‘(2) IDENTIFICATION NUMBER REQUIRE- 21 MENT.— 22 ‘‘(A) IN GENERAL.—In the case of a re- 23 turn other than a joint return, the $1,400 24 amount in subsection (b)(1) shall be treated as 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00457 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 458 •HR 1319 RH being zero unless the taxpayer includes the 1 valid identification number of the taxpayer on 2 the return of tax for the taxable year. 3 ‘‘(B) JOINT RETURNS.—In the case of a 4 joint return, the $2,800 amount in subsection 5 (b)(1) shall be treated as being— 6 ‘‘(i) $1,400 if the valid identification 7 number of only 1 spouse is included on the 8 return of tax for the taxable year, and 9 ‘‘(ii) zero if the valid identification 10 number of neither spouse is so included. 11 ‘‘(C) DEPENDENTS.—A dependent shall 12 not be taken into account under subsection 13 (b)(2) unless the valid identification number of 14 such dependent is included on the return of tax 15 for the taxable year. 16 ‘‘(D) VALID IDENTIFICATION NUMBER.— 17 ‘‘(i) IN GENERAL.—For purposes of 18 this paragraph, the term ‘valid identifica- 19 tion number’ means a social security num- 20 ber issued to an individual by the Social 21 Security Administration on or before the 22 due date for filing the return for the tax- 23 able year. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00458 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 459 •HR 1319 RH ‘‘(ii) ADOPTION TAXPAYER IDENTI- 1 FICATION NUMBER.—For purposes of sub- 2 paragraph (C), in the case of a dependent 3 who is adopted or placed for adoption, the 4 term ‘valid identification number’ shall in- 5 clude the adoption taxpayer identification 6 number of such dependent. 7 ‘‘(E) SPECIAL RULE FOR MEMBERS OF 8 THE ARMED FORCES.—Subparagraph (B) shall 9 not apply in the case where at least 1 spouse 10 was a member of the Armed Forces of the 11 United States at any time during the taxable 12 year and the valid identification number of at 13 least 1 spouse is included on the return of tax 14 for the taxable year. 15 ‘‘(F) COORDINATION WITH CERTAIN AD- 16 VANCE PAYMENTS.—In the case of any payment 17 determined pursuant to subsection (g)(6), a 18 valid identification number shall be treated for 19 purposes of this paragraph as included on the 20 taxpayer’s return of tax if such valid identifica- 21 tion number is available to the Secretary as de- 22 scribed in such subsection. 23 ‘‘(G) MATHEMATICAL OR CLERICAL ERROR 24 AUTHORITY.—Any omission of a correct valid 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00459 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 460 •HR 1319 RH identification number required under this para- 1 graph shall be treated as a mathematical or 2 clerical error for purposes of applying section 3 6213(g)(2) to such omission. 4 ‘‘(3) CREDIT TREATED AS REFUNDABLE.—The 5 credit allowed by subsection (a) shall be treated as 6 allowed by subpart C of part IV of subchapter A of 7 chapter 1. 8 ‘‘(f) COORDINATION WITH ADVANCE REFUNDS OF 9 CREDIT.— 10 ‘‘(1) REDUCTION OF REFUNDABLE CREDIT.— 11 The amount of the credit which would (but for this 12 paragraph) be allowable under subsection (a) shall 13 be reduced (but not below zero) by the aggregate re- 14 funds and credits made or allowed to the taxpayer 15 (or, except as otherwise provided by the Secretary, 16 any dependent of the taxpayer) under subsection (g). 17 Any failure to so reduce the credit shall be treated 18 as arising out of a mathematical or clerical error 19 and assessed according to section 6213(b)(1). 20 ‘‘(2) JOINT RETURNS.—Except as otherwise 21 provided by the Secretary, in the case of a refund 22 or credit made or allowed under subsection (g) with 23 respect to a joint return, half of such refund or cred- 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00460 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 461 •HR 1319 RH it shall be treated as having been made or allowed 1 to each individual filing such return. 2 ‘‘(g) ADVANCE REFUNDS AND CREDITS.— 3 ‘‘(1) IN GENERAL.—Subject to paragraphs (5) 4 and (6), each individual who was an eligible indi- 5 vidual for such individual’s first taxable year begin- 6 ning in 2019 shall be treated as having made a pay- 7 ment against the tax imposed by chapter 1 for such 8 taxable year in an amount equal to the advance re- 9 fund amount for such taxable year. 10 ‘‘(2) ADVANCE REFUND AMOUNT.— 11 ‘‘(A) IN GENERAL.—For purposes of para- 12 graph (1), the advance refund amount is the 13 amount that would have been allowed as a cred- 14 it under this section for such taxable year if 15 this section (other than subsection (f) and this 16 subsection) had applied to such taxable year. 17 ‘‘(B) TREATMENT OF DECEASED INDIVID- 18 UALS.—For purposes of determining the ad- 19 vance refund amount with respect to such tax- 20 able year— 21 ‘‘(i) any individual who was deceased 22 before January 1, 2021, shall be treated 23 for purposes of applying subsection (e)(2) 24 in the same manner as if the valid identi- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00461 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 462 •HR 1319 RH fication number of such person was not in- 1 cluded on the return of tax for such tax- 2 able year (except that subparagraph (E) 3 thereof shall not apply), 4 ‘‘(ii) notwithstanding clause (i), in the 5 case of a joint return with respect to which 6 only 1 spouse is deceased before January 7 1, 2021, such deceased spouse was a mem- 8 ber of the Armed Forces of the United 9 States at any time during the taxable year, 10 and the valid identification number of such 11 deceased spouse is included on the return 12 of tax for the taxable year, the valid identi- 13 fication number of 1 (and only 1) spouse 14 shall be treated as included on the return 15 of tax for the taxable year for purposes of 16 applying subsection (e)(2)(B) with respect 17 to such joint return, and 18 ‘‘(iii) no amount shall be determined 19 under subsection (e)(2) with respect to any 20 dependent of the taxpayer if the taxpayer 21 (both spouses in the case of a joint return) 22 was deceased before January 1, 2021. 23 ‘‘(3) TIMING AND MANNER OF PAYMENTS.— 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00462 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 463 •HR 1319 RH ‘‘(A) TIMING.—The Secretary shall, sub- 1 ject to the provisions of this title, refund or 2 credit any overpayment attributable to this sub- 3 section as rapidly as possible, consistent with a 4 rapid effort to make payments attributable to 5 such overpayments electronically if appropriate. 6 No refund or credit shall be made or allowed 7 under this subsection after December 31, 2021. 8 ‘‘(B) DELIVERY OF PAYMENTS.—Notwith- 9 standing any other provision of law, the Sec- 10 retary may certify and disburse refunds payable 11 under this subsection electronically to— 12 ‘‘(i) any account to which the payee 13 received or authorized, on or after January 14 1, 2019, a refund of taxes under this title 15 or of a Federal payment (as defined in sec- 16 tion 3332 of title 31, United States Code), 17 ‘‘(ii) any account belonging to a payee 18 from which that individual, on or after 19 January 1, 2019, made a payment of taxes 20 under this title, or 21 ‘‘(iii) any Treasury-sponsored account 22 (as defined in section 208.2 of title 31, 23 Code of Federal Regulations). 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00463 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 464 •HR 1319 RH ‘‘(C) WAIVER OF CERTAIN RULES.—Not- 1 withstanding section 3325 of title 31, United 2 States Code, or any other provision of law, with 3 respect to any payment of a refund under this 4 subsection, a disbursing official in the executive 5 branch of the United States Government may 6 modify payment information received from an 7 officer or employee described in section 8 3325(a)(1)(B) of such title for the purpose of 9 facilitating the accurate and efficient delivery of 10 such payment. Except in cases of fraud or reck- 11 less neglect, no liability under section 3325, 12 3527, 3528, or 3529 of title 31, United States 13 Code, shall be imposed with respect to pay- 14 ments made under this subparagraph. 15 ‘‘(4) NO INTEREST.—No interest shall be al- 16 lowed on any overpayment attributable to this sub- 17 section. 18 ‘‘(5) APPLICATION TO INDIVIDUALS WHO HAVE 19 FILED A RETURN OF TAX FOR 2020.— 20 ‘‘(A) APPLICATION TO 2020 RETURNS 21 FILED AT TIME OF INITIAL DETERMINATION.— 22 If, at the time of any determination made pur- 23 suant to paragraph (3), the individual referred 24 to in paragraph (1) has filed a return of tax for 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00464 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 465 •HR 1319 RH the individual’s first taxable year beginning in 1 2020, paragraph (1) shall be applied with re- 2 spect to such individual by substituting ‘2020’ 3 for ‘2019’. 4 ‘‘(B) ADDITIONAL PAYMENT.— 5 ‘‘(i) IN GENERAL.—In the case of any 6 individual who files, before the additional 7 payment determination date, a return of 8 tax for such individual’s first taxable year 9 beginning in 2020, the Secretary shall 10 make a payment (in addition to any pay- 11 ment made under paragraph (1)) to such 12 individual equal to the excess (if any) of— 13 ‘‘(I) the amount which would be 14 determined under paragraph (1) 15 (after the application of subparagraph 16 (A)) by applying paragraph (1) as of 17 the additional payment determination 18 date, over 19 ‘‘(II) the amount of any payment 20 made with respect to such individual 21 under paragraph (1). 22 ‘‘(ii) ADDITIONAL PAYMENT DETER- 23 MINATION DATE.—The term ‘additional 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00465 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 466 •HR 1319 RH payment determination date’ means the 1 earlier of— 2 ‘‘(I) the date which is 90 days 3 after the 2020 calendar year filing 4 deadline, or 5 ‘‘(II) September 1, 2021. 6 ‘‘(iii) 2020 CALENDAR YEAR FILING 7 DEADLINE.—The term ‘2020 calendar year 8 filing deadline’ means the date specified in 9 section 6072(a) with respect to returns for 10 calendar year 2020. Such date shall be de- 11 termined after taking into account any pe- 12 riod disregarded under section 7508A if 13 such disregard applies to substantially all 14 returns for calendar year 2020 to which 15 section 6072(a) applies. 16 ‘‘(6) APPLICATION TO CERTAIN INDIVIDUALS 17 WHO HAVE NOT FILED A RETURN OF TAX FOR 2019 18 OR 2020 AT TIME OF DETERMINATION.— 19 ‘‘(A) IN GENERAL.—In the case of any in- 20 dividual who, at the time of any determination 21 made pursuant to paragraph (3), has filed a tax 22 return for neither the year described in para- 23 graph (1) nor for the year described in para- 24 graph (5)(A), the Secretary may apply para- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00466 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 467 •HR 1319 RH graph (1) on the basis of information available 1 to the Secretary and, on the basis of such infor- 2 mation, may determine the advance refund 3 amount with respect to such individual without 4 regard to subsection (d). 5 ‘‘(B) PAYMENT TO REPRESENTATIVE PAY- 6 EES AND FIDUCIARIES.—In the case of any 7 payment determined pursuant to subparagraph 8 (A), such payment may be made to an indi- 9 vidual or organization serving as the eligible in- 10 dividual’s representative payee or fiduciary for 11 a federal benefit program and the entire 12 amount of such payment so made shall be used 13 only for the benefit of the individual who is en- 14 titled to the payment. 15 ‘‘(7) SPECIAL RULE RELATED TO TIME OF FIL- 16 ING RETURN.—Solely for purposes of this sub- 17 section, a return of tax shall not be treated as filed 18 until such return has been processed by the Internal 19 Revenue Service. 20 ‘‘(8) NOTICE TO TAXPAYER.—As soon as prac- 21 ticable after the date on which the Secretary distrib- 22 uted any payment to an eligible taxpayer pursuant 23 to this subsection, notice shall be sent by mail to 24 such taxpayer’s last known address. Such notice 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00467 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 468 •HR 1319 RH shall indicate the method by which such payment 1 was made, the amount of such payment, a phone 2 number for an appropriate point of contact at the 3 Internal Revenue Service to report any error with 4 respect to such payment, and such other information 5 as the Secretary determines appropriate. 6 ‘‘(9) RESTRICTION ON USE OF CERTAIN PRE- 7 VIOUSLY ISSUED PREPAID DEBIT CARDS.—Payments 8 made by the Secretary to individuals under this sec- 9 tion shall not be in the form of an increase in the 10 balance of any previously issued prepaid debit card 11 if, as of the time of the issuance of such card, such 12 card was issued solely for purposes of making pay- 13 ments under section 6428 or 6428A. 14 ‘‘(h) REGULATIONS.—The Secretary shall prescribe 15 such regulations or other guidance as may be necessary 16 or appropriate to carry out the purposes of this section, 17 including— 18 ‘‘(1) regulations or other guidance providing 19 taxpayers the opportunity to provide the Secretary 20 information sufficient to allow the Secretary to make 21 payments to such taxpayers under subsection (g) 22 (including the determination of the amount of such 23 payment) if such information is not otherwise avail- 24 able to the Secretary, and 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00468 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 469 •HR 1319 RH ‘‘(2) regulations or other guidance to ensure to 1 the maximum extent administratively practicable 2 that, in determining the amount of any credit under 3 subsection (a) and any credit or refund under sub- 4 section (g), an individual is not taken into account 5 more than once, including by different taxpayers and 6 including by reason of a change in joint return sta- 7 tus or dependent status between the taxable year for 8 which an advance refund amount is determined and 9 the taxable year for which a credit under subsection 10 (a) is determined. 11 ‘‘(i) OUTREACH.—The Secretary shall carry out a ro- 12 bust and comprehensive outreach program to ensure that 13 all taxpayers described in subsection (h)(1) learn of their 14 eligibility for the advance refunds and credits under sub- 15 section (g); are advised of the opportunity to receive such 16 advance refunds and credits as provided under subsection 17 (h)(1); and are provided assistance in applying for such 18 advance refunds and credits. In conducting such outreach 19 program, the Secretary shall coordinate with other govern- 20 ment, State, and local agencies; federal partners; and com- 21 munity-based nonprofit organizations that regularly inter- 22 face with such taxpayers.’’. 23 (b) TREATMENT OF CERTAIN POSSESSIONS.— 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00469 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 470 •HR 1319 RH (1) PAYMENTS TO POSSESSIONS WITH MIRROR 1 CODE TAX SYSTEMS.—The Secretary of the Treas- 2 ury shall pay to each possession of the United States 3 which has a mirror code tax system amounts equal 4 to the loss (if any) to that possession by reason of 5 the amendments made by this section. Such 6 amounts shall be determined by the Secretary of the 7 Treasury based on information provided by the gov- 8 ernment of the respective possession. 9 (2) PAYMENTS TO OTHER POSSESSIONS.—The 10 Secretary of the Treasury shall pay to each posses- 11 sion of the United States which does not have a mir- 12 ror code tax system amounts estimated by the Sec- 13 retary of the Treasury as being equal to the aggre- 14 gate benefits (if any) that would have been provided 15 to residents of such possession by reason of the 16 amendments made by this section if a mirror code 17 tax system had been in effect in such possession. 18 The preceding sentence shall not apply unless the re- 19 spective possession has a plan, which has been ap- 20 proved by the Secretary of the Treasury, under 21 which such possession will promptly distribute such 22 payments to its residents. 23 (3) INCLUSION OF ADMINISTRATIVE EX- 24 PENSES.—The Secretary of the Treasury shall pay 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00470 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 471 •HR 1319 RH to each possession of the United States to which the 1 Secretary makes a payment under paragraph (1) or 2 (2) an amount equal to the lesser of— 3 (A) the increase (if any) of the administra- 4 tive expenses of such possession— 5 (i) in the case of a possession de- 6 scribed in paragraph (1), by reason of the 7 amendments made by this section, and 8 (ii) in the case of a possession de- 9 scribed in paragraph (2), by reason of car- 10 rying out the plan described in such para- 11 graph, or 12 (B) $500,000 ($10,000,000 in the case of 13 Puerto Rico). 14 The amount described in subparagraph (A) shall be 15 determined by the Secretary of the Treasury based 16 on information provided by the government of the 17 respective possession. 18 (4) COORDINATION WITH CREDIT ALLOWED 19 AGAINST UNITED STATES INCOME TAXES.—No cred- 20 it shall be allowed against United States income 21 taxes under section 6428B of the Internal Revenue 22 Code of 1986 (as added by this section), nor shall 23 any credit or refund be made or allowed under sub- 24 section (g) of such section, to any person— 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00471 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 472 •HR 1319 RH (A) to whom a credit is allowed against 1 taxes imposed by the possession by reason of 2 the amendments made by this section, or 3 (B) who is eligible for a payment under a 4 plan described in paragraph (2). 5 (5) MIRROR CODE TAX SYSTEM.—For purposes 6 of this subsection, the term ‘‘mirror code tax sys- 7 tem’’ means, with respect to any possession of the 8 United States, the income tax system of such posses- 9 sion if the income tax liability of the residents of 10 such possession under such system is determined by 11 reference to the income tax laws of the United 12 States as if such possession were the United States. 13 (6) TREATMENT OF PAYMENTS.—For purposes 14 of section 1324 of title 31, United States Code, the 15 payments under this subsection shall be treated in 16 the same manner as a refund due from a credit pro- 17 vision referred to in subsection (b)(2) of such sec- 18 tion. 19 (c) ADMINISTRATIVE PROVISIONS.— 20 (1) DEFINITION OF DEFICIENCY.—Section 21 6211(b)(4)(A) of the Internal Revenue Code of 1986 22 is amended by striking ‘‘6428, and 6428A’’ and in- 23 serting ‘‘6428, 6428A, and 6428B’’. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00472 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 473 •HR 1319 RH (2) EXCEPTION FROM REDUCTION OR OFF- 1 SET.—Any refund payable by reason of section 2 6428B(g) of the Internal Revenue Code of 1986 (as 3 added by this section), or any such refund payable 4 by reason of subsection (b) of this section, shall not 5 be — 6 (A) subject to reduction or offset pursuant 7 to section 3716 or 3720A of title 31, United 8 States Code, 9 (B) subject to reduction or offset pursuant 10 to subsection (c), (d), (e), or (f) of section 6402 11 of the Internal Revenue Code of 1986, or 12 (C) reduced or offset by other assessed 13 Federal taxes that would otherwise be subject 14 to levy or collection. 15 (3) CONFORMING AMENDMENTS.— 16 (A) Paragraph (2) of section 1324(b) of 17 title 31, United States Code, is amended by in- 18 serting ‘‘6428B,’’ after ‘‘6428A,’’. 19 (B) The table of sections for subchapter B 20 of chapter 65 of the Internal Revenue Code of 21 1986 is amended by inserting after the item re- 22 lating to section 6428A the following new item: 23 ‘‘Sec. 6428B. 2021 recovery rebates to individuals.’’. (d) APPROPRIATIONS.—Immediately upon the enact- 24 ment of this Act, in addition to amounts otherwise avail- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00473 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 474 •HR 1319 RH able, there are appropriated for fiscal year 2021, out of 1 any money in the Treasury not otherwise appropriated: 2 (1) $1,464,500,000 to remain available until 3 September 30, 2023 for necessary expenses for the 4 Internal Revenue Service for the administration of 5 the advance payments, the provision of taxpayer as- 6 sistance, and the furtherance of integrated, modern- 7 ized, and secure Internal Revenue Service systems, 8 which shall supplement and not supplant any other 9 appropriations that may be available for this pur- 10 pose. 11 (2) $7,000,000 to remain available until Sep- 12 tember 30, 2022, for necessary expenses for the Bu- 13 reau of the Fiscal Service to carry out this section 14 (and the amendments made by this section), which 15 shall supplement and not supplant any other appro- 16 priations that may be available for this purpose, and 17 (3) $8,000,000 to remain available until Sep- 18 tember 30, 2023, for the Treasury Inspector General 19 for Tax Administration for the purposes of over- 20 seeing activates related to the administration of this 21 section (and the amendments made by this section), 22 which shall supplement and not supplant any other 23 appropriations that may be available for this pur- 24 pose. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00474 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 475 •HR 1319 RH (e) FLEXIBILITY WITH RESPECT TO IRS INFORMA- 1 TION TECHNOLOGY EMPLOYEES.— 2 (1) If services performed by an employee of the 3 Internal Revenue Service during the period begin- 4 ning on January 1, 2020, and ending on December 5 31, 2022, are determined by the Commissioner of 6 Internal Revenue to be primarily related to informa- 7 tion technology, any premium pay for such services 8 shall be disregarded in calculating the aggregate of 9 such employee’s basic pay and premium pay for pur- 10 poses of a limitation under section 5547(a) of title 11 5, United States Code, or under any other provision 12 of law, whether such employee’s pay is paid on a bi- 13 weekly or calendar year basis. 14 (2) Any overtime pay for such services shall be 15 disregarded in calculating any annual limit on the 16 amount of overtime pay payable in a calendar or fis- 17 cal year. 18 (3) With regard to such services, any pay that 19 is disregarded under either paragraph (1) or (2) 20 shall be disregarded in calculating such employees 21 aggregate pay for purposes of the limitations in sec- 22 tions 5307 and 9502 of such title 5. 23 (4) If application of this subsection results in 24 the payment of additional premium pay to a covered 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00475 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 476 •HR 1319 RH employee of a type that is normally creditable as 1 basic pay for retirement or any other purpose, that 2 additional pay shall not— 3 (A) be considered to be basic pay of the 4 covered employee for any purpose; or 5 (B) be used in computing a lump-sum pay- 6 ment to the covered employee for accumulated 7 and accrued annual leave under section 5551 or 8 section 5552 of such title 5. 9 PART 2—CHILD TAX CREDIT 10 SEC. 9611. CHILD TAX CREDIT IMPROVEMENTS FOR 2021. 11 (a) IN GENERAL.—Section 24 of the Internal Rev- 12 enue Code of 1986 is amended by adding at the end the 13 following new subsection: 14 ‘‘(i) SPECIAL RULES FOR 2021.—In the case of any 15 taxable year beginning after December 31, 2020, and be- 16 fore January 1, 2022— 17 ‘‘(1) REFUNDABLE CREDIT.—If the taxpayer 18 (in the case of a joint return, either spouse) has a 19 principal place of abode in the United States (deter- 20 mined as provided in section 32) for more than one- 21 half of the taxable year or is a bona fide resident of 22 Puerto Rico (within the meaning of section 937(a)) 23 for such taxable year— 24 ‘‘(A) subsection (d) shall not apply, and 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00476 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 477 •HR 1319 RH ‘‘(B) so much of the credit determined 1 under subsection (a) (after application of sub- 2 paragraph (A)) as does not exceed the amount 3 of such credit which would be so determined 4 without regard to subsection (h)(4) shall be al- 5 lowed under subpart C (and not allowed under 6 this subpart). 7 ‘‘(2) 17-YEAR-OLDS ELIGIBLE FOR TREATMENT 8 AS QUALIFYING CHILDREN.—This section shall be 9 applied— 10 ‘‘(A) by substituting ‘age 18’ for ‘age 17’ 11 in subsection (c)(1), and 12 ‘‘(B) by substituting ‘described in sub- 13 section (c) (determined after the application of 14 subsection (i)(2)(A))’ for ‘described in sub- 15 section (c)’ in subsection (h)(4)(A). 16 ‘‘(3) CREDIT AMOUNT.—Subsection (h)(2) shall 17 not apply and subsection (a) shall be applied by sub- 18 stituting ‘$3,000 ($3,600 in the case of a qualifying 19 child who has not attained age 6 as of the close of 20 the calendar year in which the taxable year of the 21 taxpayer begins)’ for ‘$1,000’. 22 ‘‘(4) REDUCTION OF INCREASED CREDIT 23 AMOUNT BASED ON MODIFIED ADJUSTED GROSS IN- 24 COME.— 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00477 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 478 •HR 1319 RH ‘‘(A) IN GENERAL.—The amount of the 1 credit allowable under subsection (a) (deter- 2 mined without regard to subsection (b)) shall be 3 reduced by $50 for each $1,000 (or fraction 4 thereof) by which the taxpayer’s modified ad- 5 justed gross income (as defined in subsection 6 (b)) exceeds the applicable threshold amount. 7 ‘‘(B) APPLICABLE THRESHOLD AMOUNT.— 8 For purposes of this paragraph, the term ‘ap- 9 plicable threshold amount’ means— 10 ‘‘(i) $150,000, in the case of a joint 11 return or surviving spouse (as defined in 12 section 2(a)) , 13 ‘‘(ii) $112,500, in the case of a head 14 of household (as defined in section 2(b)), 15 and 16 ‘‘(iii) $75,000, in any other case. 17 ‘‘(C) LIMITATION ON REDUCTION.— 18 ‘‘(i) IN GENERAL.—The amount of 19 the reduction under subparagraph (A) 20 shall not exceed the lesser of— 21 ‘‘(I) the applicable credit increase 22 amount, or 23 ‘‘(II) 5 percent of the applicable 24 phaseout threshold range. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00478 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 479 •HR 1319 RH ‘‘(ii) APPLICABLE CREDIT INCREASE 1 AMOUNT.—For purposes of this subpara- 2 graph, the term ‘applicable credit increase 3 amount’ means the excess (if any) of— 4 ‘‘(I) the amount of the credit al- 5 lowable under this section for the tax- 6 able year determined without regard 7 to this paragraph and subsection (b), 8 over 9 ‘‘(II) the amount of such credit 10 as so determined and without regard 11 to paragraph (3). 12 ‘‘(iii) APPLICABLE PHASEOUT 13 THRESHOLD RANGE.—For purposes of this 14 subparagraph, the term ‘applicable phase- 15 out threshold range’ means the excess of— 16 ‘‘(I) the threshold amount appli- 17 cable to the taxpayer under subsection 18 (b) (determined after the application 19 of subsection (h)(3)), over 20 ‘‘(II) the applicable threshold 21 amount applicable to the taxpayer 22 under this paragraph. 23 ‘‘(D) COORDINATION WITH LIMITATION ON 24 OVERALL CREDIT.—Subsection (b) shall be ap- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00479 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 480 •HR 1319 RH plied by substituting ‘the credit allowable under 1 subsection (a) (determined after the application 2 of subsection (i)(4)(A)’ for ‘the credit allowable 3 under subsection (a)’.’’. 4 (b) ADVANCE PAYMENT OF CREDIT.— 5 (1) IN GENERAL.—Chapter 77 of such Code is 6 amended by inserting after section 7527 the fol- 7 lowing new section: 8 ‘‘SEC. 7527A. ADVANCE PAYMENT OF CHILD TAX CREDIT. 9 ‘‘(a) IN GENERAL.—The Secretary shall establish a 10 program for making monthly payments to taxpayers each 11 of which is equal to 1⁄12 of the annual advance amount 12 determined with respect to such taxpayer for the calendar 13 year. 14 ‘‘(b) ANNUAL ADVANCE AMOUNT.—For purposes of 15 this section— 16 ‘‘(1) IN GENERAL.—Except as otherwise pro- 17 vided in this subsection, the term ‘annual advance 18 amount’ means, with respect to any taxpayer for any 19 calendar year, the amount (if any) which is esti- 20 mated by the Secretary as being equal to the 21 amount which would be treated as allowed under 22 subpart C of part IV of subchapter A of chapter 1 23 by reason of section 24(i)(1) for the taxpayer’s tax- 24 able year beginning in such calendar year if— 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00480 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 481 •HR 1319 RH ‘‘(A) the status of the taxpayer as a tax- 1 payer described in section 24(i)(1) is deter- 2 mined with respect to the reference taxable 3 year, 4 ‘‘(B) the taxpayer’s modified adjusted 5 gross income for such taxable year is equal to 6 the taxpayer’s modified adjusted gross income 7 for the reference taxable year, 8 ‘‘(C) the only children of such taxpayer for 9 such taxable year are qualifying children prop- 10 erly claimed on the taxpayer’s return of tax for 11 the reference taxable year, and 12 ‘‘(D) the ages of such children (and the 13 status of such children as qualifying children) 14 are determined for such taxable year by taking 15 into account the passage of time since the ref- 16 erence taxable year. 17 ‘‘(2) REFERENCE TAXABLE YEAR.—Except as 18 provided in paragraph (3)(A), the term ‘reference 19 taxable year’ means, with respect to any taxpayer 20 for any calendar year, the taxpayer’s taxable year 21 beginning in the preceding calendar year or, in the 22 case of taxpayer who did not file a return of tax for 23 such taxable year, the taxpayer’s taxable year begin- 24 ning in the second preceding calendar year. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00481 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 482 •HR 1319 RH ‘‘(3) MODIFICATIONS DURING CALENDAR 1 YEAR.— 2 ‘‘(A) IN GENERAL.—The Secretary may 3 modify, during any calendar year, the annual 4 advance amount with respect to any taxpayer 5 for such calendar year to take into account— 6 ‘‘(i) a return of tax filed by such tax- 7 payer during such calendar year (and the 8 taxable year to which such return relates 9 may be taken into account as the reference 10 taxable year), and 11 ‘‘(ii) any other information provided 12 by the taxpayer to the Secretary which al- 13 lows the Secretary to determine payments 14 under subsection (a) which, in the aggre- 15 gate during any taxable year of the tax- 16 payer, more closely total the Secretary’s 17 estimate of the amount treated as allowed 18 under subpart C of part IV of subchapter 19 A of chapter 1 by reason of section 20 24(i)(1) for such taxable year of such tax- 21 payer. 22 ‘‘(B) ADJUSTMENT TO REFLECT EXCESS 23 OR DEFICIT IN PRIOR PAYMENTS.—In the case 24 of any modification of the annual advance 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00482 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 483 •HR 1319 RH amount under subparagraph (A), the Secretary 1 may adjust the amount of any monthly pay- 2 ment made after the date of such modification 3 to properly take into account the amount by 4 which any monthly payment made before such 5 date was greater than or less than the amount 6 that such payment would have been on the 7 basis of the annual advance amount as so modi- 8 fied. 9 ‘‘(4) DETERMINATION OF STATUS.—If informa- 10 tion contained in the taxpayer’s return of tax for the 11 reference taxable year does not establish the status 12 of the taxpayer as being described in section 13 24(i)(1), the Secretary may, for purposes of para- 14 graph (1)(A), infer such status (or the lack thereof) 15 from such information as is so contained or from 16 other sources. 17 ‘‘(5) TREATMENT OF CERTAIN DEATHS.—A 18 child shall not be taken into account in determining 19 the annual advance amount under paragraph (1) if 20 the death of such child is known to the Secretary as 21 of the beginning of the calendar year for which the 22 estimate under such paragraph is made. 23 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00483 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 484 •HR 1319 RH ‘‘(c) ON-LINE INFORMATION PORTAL.—The Sec- 1 retary shall establish an on-line portal which allows tax- 2 payers to— 3 ‘‘(1) elect not to receive payments under this 4 section, and 5 ‘‘(2) provide information to the Secretary which 6 would be relevant to a modification under subsection 7 (b)(3)(B) of the annual advance amount, including 8 information regarding— 9 ‘‘(A) a change in the number of the tax- 10 payer’s qualifying children, including by reason 11 of the birth of a child, 12 ‘‘(B) a change in the taxpayer’s marital 13 status, 14 ‘‘(C) a significant change in the taxpayer’s 15 income, and 16 ‘‘(D) any other factor which the Secretary 17 may provide. 18 ‘‘(d) NOTICE OF PAYMENTS.—Not later than Janu- 19 ary 31 of the calendar year following any calendar year 20 during which the Secretary makes one or more payments 21 to any taxpayer under this section, the Secretary shall pro- 22 vide such taxpayer with a written notice which includes 23 the taxpayer’s taxpayer identity (as defined in section 24 6103(b)(6)), the aggregate amount of such payments 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00484 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 485 •HR 1319 RH made to such taxpayer during such calendar year, and 1 such other information as the Secretary determines appro- 2 priate. 3 ‘‘(e) AUTHORITY TO ADJUST INTERVAL OF PAY- 4 MENTS.—If the Secretary determines that it is not admin- 5 istratively feasible to make monthly payments under this 6 section— 7 ‘‘(1) such payments shall be made on the basis 8 of the shortest interval which the Secretary deter- 9 mines is administratively feasible, and 10 ‘‘(2) the amount of such payments shall be de- 11 termined by substituting the ratio of the length of 12 such interval to the length of the calendar year for 13 ‘1⁄12’ in subsection (a). 14 ‘‘(f) ADMINISTRATIVE PROVISIONS.— 15 ‘‘(1) APPLICATION OF DIRECT DEPOSIT RE- 16 QUIREMENT.—Solely for purposes of section 3332 of 17 title 31, United States Code (and notwithstanding 18 the last sentence of subsection (j)(3) thereof), the 19 payments made by the Secretary under subsection 20 (a) shall be treated as Federal payments. 21 ‘‘(2) DELIVERY OF PAYMENTS.—Notwith- 22 standing any other provision of law, the Secretary 23 may certify and disburse refunds payable under this 24 section electronically to— 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00485 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 486 •HR 1319 RH ‘‘(A) any account to which the payee re- 1 ceived or authorized, on or after January 1, 2 2019, a refund of taxes under this title or a 3 Federal payment (as defined in section 3332 of 4 title 31, United States Code), 5 ‘‘(B) any account belonging to a payee 6 from which that individual, on or after January 7 1, 2019, made a payment of taxes under this 8 title, or 9 ‘‘(C) any Treasury-sponsored account (as 10 defined in section 208.2 of title 31, Code of 11 Federal Regulations). 12 ‘‘(3) WAIVER OF CERTAIN RULES.—Notwith- 13 standing section 3325 of title 31, United States 14 Code, or any other provision of law, with respect to 15 any payment of a refund under this section, a dis- 16 bursing official in the executive branch of the United 17 States Government may modify payment information 18 received from an officer or employee described in 19 section 3325(a)(1)(B) of such title for the purpose 20 of facilitating the accurate and efficient delivery of 21 such payment. Except in cases of fraud or reckless 22 neglect, no liability under section 3325, 3527, 3528, 23 or 3529 of title 31, United States Code, shall be im- 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00486 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 487 •HR 1319 RH posed with respect to payments made under this 1 paragraph. 2 ‘‘(4) EXCEPTION FROM REDUCTION OR OFF- 3 SET.—Any payment made to any individual under 4 this section shall not be— 5 ‘‘(A) subject to reduction or offset pursu- 6 ant to section 3716 or 3720A of title 31, 7 United States Code, 8 ‘‘(B) subject to reduction or offset pursu- 9 ant to subsection (c), (d), (e), or (f) of section 10 6402, or 11 ‘‘(C) reduced or offset by other assessed 12 Federal taxes that would otherwise be subject 13 to levy or collection. 14 ‘‘(5) ADVANCE PAYMENTS NOT APPLICABLE TO 15 POSSESSIONS OF THE UNITED STATES.— 16 ‘‘(A) IN GENERAL.—The advance payment 17 amount determined under this section shall be 18 determined— 19 ‘‘(i) by applying section 24(i)(1) with- 20 out regard to the phrase ‘or is a bona fide 21 resident of Puerto Rico (within the mean- 22 ing of section 937(a))’, and 23 ‘‘(ii) without regard to section 24 24(k)(3)(C)(ii)(I). 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00487 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 488 •HR 1319 RH ‘‘(B) MIRROR CODE POSSESSIONS.—In the 1 case of any possession of the United States with 2 a mirror code tax system (as defined in section 3 24(k)), this section shall not be treated as part 4 of the income tax laws of the United States for 5 purposes of determining the income tax law of 6 such possession. 7 ‘‘(g) APPLICATION.—No payments shall be made 8 under the program established under subsection (a) with 9 respect to— 10 ‘‘(1) any month beginning before July 1, 2021, 11 or 12 ‘‘(2) any month beginning after December 31, 13 2021. 14 ‘‘(h) REGULATIONS.—The Secretary shall issue such 15 regulations or other guidance as the Secretary determines 16 necessary or appropriate to carry out the purposes of this 17 section and subsections (i)(1) and (j) of section 24, includ- 18 ing regulations or other guidance which provides for the 19 application of such provisions where the filing status of 20 the taxpayer for a taxable year is different from the status 21 used for determining the annual advance amount.’’. 22 (2) RECONCILIATION OF CREDIT AND ADVANCE 23 CREDIT.—Section 24 of such Code, as amended by 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00488 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 489 •HR 1319 RH the preceding provision of this Act, is amended by 1 adding at the end the following new subsection: 2 ‘‘(j) RECONCILIATION OF CREDIT AND ADVANCE 3 CREDIT.— 4 ‘‘(1) IN GENERAL.—The amount of the credit 5 allowed under this section to any taxpayer for any 6 taxable year shall be reduced (but not below zero) by 7 the aggregate amount of payments made under sec- 8 tion 7527A to such taxpayer during such taxable 9 year. Any failure to so reduce the credit shall be 10 treated as arising out of a mathematical or clerical 11 error and assessed according to section 6213(b)(1). 12 ‘‘(2) EXCESS ADVANCE PAYMENTS.— 13 ‘‘(A) IN GENERAL.—If the aggregate 14 amount of payments under section 7527A to 15 the taxpayer during the taxable year exceeds 16 the amount of the credit allowed under this sec- 17 tion to such taxpayer for such taxable year (de- 18 termined without regard to paragraph (1)), the 19 tax imposed by this chapter for such taxable 20 year shall be increased by the amount of such 21 excess. Any failure to so increase the tax shall 22 be treated as arising out of a mathematical or 23 clerical error and assessed according to section 24 6213(b)(1). 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00489 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 490 •HR 1319 RH ‘‘(B) SAFE HARBOR BASED ON MODIFIED 1 ADJUSTED GROSS INCOME.— 2 ‘‘(i) IN GENERAL.—In the case of a 3 taxpayer whose modified adjusted gross in- 4 come (as defined in subsection (b)) for the 5 taxable year does not exceed 200 percent 6 of the applicable income threshold, the 7 amount of the increase determined under 8 subparagraph (A) with respect to such tax- 9 payer for such taxable year shall be re- 10 duced (but not below zero) by the safe har- 11 bor amount. 12 ‘‘(ii) PHASE OUT OF SAFE HARBOR 13 AMOUNT.—In the case of a taxpayer whose 14 modified adjusted gross income (as defined 15 in subsection (b)) for the taxable year ex- 16 ceeds the applicable income threshold, the 17 safe harbor amount otherwise in effect 18 under clause (i) shall be reduced by the 19 amount which bears the same ratio to such 20 amount as such excess bears to the appli- 21 cable income threshold. 22 ‘‘(iii) APPLICABLE INCOME THRESH- 23 OLD.—For purposes of this subparagraph, 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00490 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 491 •HR 1319 RH the term ‘applicable income threshold’ 1 means— 2 ‘‘(I) $60,000 in the case of a 3 joint return or surviving spouse (as 4 defined in section 2(a)), 5 ‘‘(II) $50,000 in the case of a 6 head of household, and 7 ‘‘(III) $40,000 in any other case. 8 ‘‘(iv) SAFE HARBOR AMOUNT.—For 9 purposes of this subparagraph, the term 10 ‘safe harbor amount’ means, with respect 11 to any taxable year, the product of— 12 ‘‘(I) $2,000, multiplied by 13 ‘‘(II) the excess (if any) of the 14 number of qualified children taken 15 into account in determining the an- 16 nual advance amount with respect to 17 the taxpayer under section 7527A 18 with respect to months beginning in 19 such taxable year, over the number of 20 qualified children taken into account 21 in determining the credit allowed 22 under this section for such taxable 23 year.’’. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00491 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 492 •HR 1319 RH (3) COORDINATION WITH WAGE WITH- 1 HOLDING.—Section 3402(f)(1)(C) of such Code is 2 amended by striking ‘‘section 24(a)’’ and inserting 3 ‘‘section 24 (determined after application of sub- 4 section (j) thereof)’’. 5 (4) CONFORMING AMENDMENTS.— 6 (A) Section 26(b)(2) of such Code is 7 amended by striking ‘‘and’’ at the end of sub- 8 paragraph (X), by striking the period at the 9 end of subparagraph (Y) and inserting ‘‘, and’’, 10 and by adding at the end the following new sub- 11 paragraph: 12 ‘‘(Z) section 24(j)(2) (relating to excess 13 advance payments).’’. 14 (B) Section 6211(b)(4)(A) of such Code, 15 as amended by the preceding provisions of this 16 subtitle, is amended— 17 (i) by striking ‘‘24(d)’’ and inserting 18 ‘‘24 by reason of subsections (d) and (i)(1) 19 thereof’’, and 20 (ii) by striking ‘‘and 6428B’’ and in- 21 serting ‘‘6428B, and 7527A’’. 22 (C) Paragraph (2) of section 1324(b) of 23 title 31, United States Code, is amended— 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00492 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 493 •HR 1319 RH (i) by inserting ‘‘24,’’ before ‘‘25A’’, 1 and 2 (ii) by striking ‘‘ or 6431’’ and insert- 3 ing ‘‘6431, or 7527A’’. 4 (D) The table of sections for chapter 77 of 5 the Internal Revenue Code of 1986 is amended 6 by inserting after the item relating to section 7 7527 the following new item: 8 ‘‘Sec. 7527A. Advance payment of child tax credit.’’. (5) APPROPRIATIONS TO CARRY OUT ADVANCE 9 PAYMENTS.—Immediately upon the enactment of 10 this Act, in addition to amounts otherwise available, 11 there are appropriated for fiscal year 2021, out of 12 any money in the Treasury not otherwise appro- 13 priated: 14 (A) $397,200,000 to remain available until 15 September 30, 2022, for necessary expenses for 16 the Internal Revenue Service to carry out this 17 section (and the amendments made by this sec- 18 tion), which shall supplement and not supplant 19 any other appropriations that may be available 20 for this purpose, and 21 (B) $16,200,000 to remain available until 22 September 30, 2022, for necessary expenses for 23 the Bureau of the Fiscal Service to carry out 24 this section (and the amendments made by this 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00493 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 494 •HR 1319 RH section), which shall supplement and not sup- 1 plant any other appropriations that may be 2 available for this purpose. 3 (c) EFFECTIVE DATE.— 4 (1) IN GENERAL.—The amendments made by 5 this section shall apply to taxable years beginning 6 after December 31, 2020. 7 (2) ESTABLISHMENT OF ADVANCE PAYMENT 8 PROGRAM.—The Secretary of the Treasury (or the 9 Secretary’s designee) shall establish the program de- 10 scribed in section 7527A of the Internal Revenue 11 Code of 1986 as soon as practicable after the date 12 of the enactment of this Act, except that the Sec- 13 retary shall ensure that the timing of the establish- 14 ment of such program does not interfere with car- 15 rying out section 6428B(g) as rapidly as possible. 16 SEC. 9612. APPLICATION OF CHILD TAX CREDIT IN POSSES- 17 SIONS. 18 (a) IN GENERAL.—Section 24 of the Internal Rev- 19 enue Code of 1986, as amended by the preceding provi- 20 sions of this Act, is amended by adding at the end the 21 following new subsection: 22 ‘‘(k) APPLICATION OF CREDIT IN POSSESSIONS.— 23 ‘‘(1) MIRROR CODE POSSESSIONS.— 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00494 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 495 •HR 1319 RH ‘‘(A) IN GENERAL.—The Secretary shall 1 pay to each possession of the United States 2 with a mirror code tax system amounts equal to 3 the loss (if any) to that possession by reason of 4 the application of this section (determined with- 5 out regard to this subsection) with respect to 6 taxable years beginning after 2020. Such 7 amounts shall be determined by the Secretary 8 based on information provided by the govern- 9 ment of the respective possession. 10 ‘‘(B) COORDINATION WITH CREDIT AL- 11 LOWED AGAINST UNITED STATES INCOME 12 TAXES.—No credit shall be allowed under this 13 section for any taxable year to any individual to 14 whom a credit is allowable against taxes im- 15 posed by a possession of the United States with 16 a mirror code tax system by reason of the appli- 17 cation of this section in such possession for 18 such taxable year. 19 ‘‘(C) MIRROR CODE TAX SYSTEM.—For 20 purposes of this paragraph, the term ‘mirror 21 code tax system’ means, with respect to any 22 possession of the United States, the income tax 23 system of such possession if the income tax li- 24 ability of the residents of such possession under 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00495 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 496 •HR 1319 RH such system is determined by reference to the 1 income tax laws of the United States as if such 2 possession were the United States. 3 ‘‘(2) PUERTO RICO.— 4 ‘‘(A) APPLICATION TO TAXABLE YEARS IN 5 2021.— 6 ‘‘(i) For application of refundable 7 credit to residents of Puerto Rico, see sub- 8 section (i)(1). 9 ‘‘(ii) For nonapplication of advance 10 payment to residents of Puerto Rico, see 11 section 7527A(f)(5)(A). 12 ‘‘(B) APPLICATION TO TAXABLE YEARS 13 AFTER 2021.—In the case of any bona fide resi- 14 dent of Puerto Rico (within the meaning of sec- 15 tion 937(a)) for any taxable year beginning 16 after December 31, 2021— 17 ‘‘(i) the credit determined under this 18 section shall be allowable to such resident, 19 and 20 ‘‘(ii) subsection (d)(1)(B)(ii) shall be 21 applied without regard to the phrase ‘in 22 the case of a taxpayer with 3 or more 23 qualifying children’. 24 ‘‘(3) AMERICAN SAMOA.— 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00496 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 497 •HR 1319 RH ‘‘(A) IN GENERAL.—The Secretary shall 1 pay to American Samoa amounts estimated by 2 the Secretary as being equal to the aggregate 3 benefits that would have been provided to resi- 4 dents of American Samoa by reason of the ap- 5 plication of this section for taxable years begin- 6 ning after 2020 if the provisions of this section 7 had been in effect in American Samoa (applied 8 as if American Samoa were the United States 9 and without regard to the application of this 10 section to bona fide residents of Puerto Rico 11 under subsection (i)(1)). 12 ‘‘(B) DISTRIBUTION REQUIREMENT.—Sub- 13 paragraph (A) shall not apply unless American 14 Samoa has a plan, which has been approved by 15 the Secretary, under which American Samoa 16 will promptly distribute such payments to its 17 residents. 18 ‘‘(C) COORDINATION WITH CREDIT AL- 19 LOWED AGAINST UNITED STATES INCOME 20 TAXES.— 21 ‘‘(i) IN GENERAL.—In the case of a 22 taxable year with respect to which a plan 23 is approved under subparagraph (B), this 24 section (other than this subsection) shall 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00497 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 498 •HR 1319 RH not apply to any individual eligible for a 1 distribution under such plan. 2 ‘‘(ii) APPLICATION OF SECTION IN 3 EVENT OF ABSENCE OF APPROVED 4 PLAN.—In the case of a taxable year with 5 respect to which a plan is not approved 6 under subparagraph (B)— 7 ‘‘(I) if such taxable year begins 8 in 2021, subsection (i)(1) shall be ap- 9 plied by substituting ‘bona fide resi- 10 dent of Puerto Rico or American 11 Samoa’ for ‘bona fide resident of 12 Puerto Rico’, and 13 ‘‘(II) if such taxable year begins 14 after December 31, 2021, rules simi- 15 lar to the rules of paragraph (2)(B) 16 shall apply with respect to bona fide 17 residents of American Samoa (within 18 the meaning of section 937(a)). 19 ‘‘(4) TREATMENT OF PAYMENTS.—For pur- 20 poses of section 1324 of title 31, United States 21 Code, the payments under this subsection shall be 22 treated in the same manner as a refund due from 23 a credit provision referred to in subsection (b)(2) of 24 such section.’’. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00498 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 499 •HR 1319 RH (b) EFFECTIVE DATE.—The amendments made by 1 this section shall apply to taxable years beginning after 2 December 31, 2020. 3 PART 3—EARNED INCOME TAX CREDIT 4 SEC. 9621. STRENGTHENING THE EARNED INCOME TAX 5 CREDIT FOR INDIVIDUALS WITH NO QUALI- 6 FYING CHILDREN. 7 (a) SPECIAL RULES FOR 2021.—Section 32 of the 8 Internal Revenue Code of 1986 is amended by adding at 9 the end the following new subsection: 10 ‘‘(n) SPECIAL RULES FOR INDIVIDUALS WITHOUT 11 QUALIFYING CHILDREN.—In the case of any taxable year 12 beginning after December 31, 2020, and before January 13 1, 2022— 14 ‘‘(1) DECREASE IN MINIMUM AGE FOR CRED- 15 IT.— 16 ‘‘(A) IN GENERAL.—Subsection 17 (c)(1)(A)(ii)(II) shall be applied by substituting 18 ‘the applicable minimum age’ for ‘age 25’. 19 ‘‘(B) APPLICABLE MINIMUM AGE.—For 20 purposes of this paragraph, the term ‘applicable 21 minimum age’ means— 22 ‘‘(i) except as otherwise provided in 23 this subparagraph, age 19, 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00499 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 500 •HR 1319 RH ‘‘(ii) in the case of a specified student 1 (other than a qualified former foster youth 2 or a qualified homeless youth), age 24, and 3 ‘‘(iii) in the case of a qualified former 4 foster youth or a qualified homeless youth, 5 age 18. 6 ‘‘(C) SPECIFIED STUDENT.—For purposes 7 of this paragraph, the term ‘specified student’ 8 means, with respect to any taxable year, an in- 9 dividual who is an eligible student (as defined 10 in section 25A(b)(3)) during at least 5 calendar 11 months during the taxable year. 12 ‘‘(D) QUALIFIED FORMER FOSTER 13 YOUTH.—For purposes of this paragraph, the 14 term ‘qualified former foster youth’ means an 15 individual who— 16 ‘‘(i) on or after the date that such in- 17 dividual attained age 14, was in foster care 18 provided under the supervision or adminis- 19 tration of an entity administering (or eligi- 20 ble to administer) a plan under part B or 21 part E of title IV of the Social Security 22 Act (without regard to whether Federal as- 23 sistance was provided with respect to such 24 child under such part E), and 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00500 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 501 •HR 1319 RH ‘‘(ii) provides (in such manner as the 1 Secretary may provide) consent for entities 2 which administer a plan under part B or 3 part E of title IV of the Social Security 4 Act to disclose to the Secretary informa- 5 tion related to the status of such individual 6 as a qualified former foster youth. 7 ‘‘(E) QUALIFIED HOMELESS YOUTH.—For 8 purposes of this paragraph, the term ‘qualified 9 homeless youth’ means, with respect to any tax- 10 able year, an individual who— 11 ‘‘(i) is certified by a local educational 12 agency or a financial aid administrator 13 during such taxable year as being either an 14 unaccompanied youth who is a homeless 15 child or youth, or as unaccompanied, at 16 risk of homelessness, and self-supporting, 17 and 18 ‘‘(ii) provides (in such manner as the 19 Secretary may provide) consent for local 20 educational agencies and financial aid ad- 21 ministrators to disclose to the Secretary in- 22 formation related to the status of such in- 23 dividual as a qualified homeless youth. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00501 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 502 •HR 1319 RH Terms used in this subparagraph which are also 1 used in section 480(d)(1) of the Higher Edu- 2 cation Act of 1965 shall have the same meaning 3 as when used in such section. 4 ‘‘(2) ELIMINATION OF MAXIMUM AGE FOR 5 CREDIT.—Subsection (c)(1)(A)(ii)(II) shall be ap- 6 plied without regard to the phrase ‘but not attained 7 age 65’. 8 ‘‘(3) INCREASE IN CREDIT AND PHASEOUT PER- 9 CENTAGES.—The table contained in subsection 10 (b)(1) shall be applied by substituting ‘15.3’ for 11 ‘7.65’ each place it appears therein. 12 ‘‘(4) INCREASE IN EARNED INCOME AND 13 PHASEOUT AMOUNTS.— 14 ‘‘(A) IN GENERAL.—The table contained in 15 subsection (b)(2)(A) shall be applied— 16 ‘‘(i) by substituting ‘$9,820’ for 17 ‘$4,220’, and 18 ‘‘(ii) by substituting ‘$11,610’ for 19 ‘$5,280’. 20 ‘‘(B) COORDINATION WITH INFLATION AD- 21 JUSTMENT.—Subsection (j) shall not apply to 22 any dollar amount specified in this paragraph.’’. 23 (b) INFORMATION RETURN MATCHING.—As soon as 24 practicable, the Secretary of the Treasury (or the Sec- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00502 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 503 •HR 1319 RH retary’s delegate) shall develop and implement procedures 1 to use information returns under section 6050S (relating 2 to returns relating to higher education tuition and related 3 expenses) to check the status of individuals as specified 4 students for purposes of section 32(n)(1)(B)(ii) of the In- 5 ternal Revenue Code of 1986 (as added by this section). 6 (c) EFFECTIVE DATE.—The amendment made by 7 this section shall apply to taxable years beginning after 8 December 31, 2020. 9 SEC. 9622. TAXPAYER ELIGIBLE FOR CHILDLESS EARNED 10 INCOME CREDIT IN CASE OF QUALIFYING 11 CHILDREN WHO FAIL TO MEET CERTAIN 12 IDENTIFICATION REQUIREMENTS. 13 (a) IN GENERAL.—Section 32(c)(1) of the Internal 14 Revenue Code of 1986 is amended by striking subpara- 15 graph (F). 16 (b) EFFECTIVE DATE.—The amendment made by 17 this section shall apply to taxable years beginning after 18 December 31 2020. 19 SEC. 9623. CREDIT ALLOWED IN CASE OF CERTAIN SEPA- 20 RATED SPOUSES. 21 (a) IN GENERAL.—Section 32(d) of the Internal Rev- 22 enue Code of 1986 is amended— 23 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00503 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 504 •HR 1319 RH (1) by striking ‘‘MARRIED INDIVIDUALS.—In 1 the case of’’ and inserting the following: ‘‘MARRIED 2 INDIVIDUALS.— 3 ‘‘(1) IN GENERAL.—In the case of’’, and 4 (2) by adding at the end the following new 5 paragraph: 6 ‘‘(2) DETERMINATION OF MARITAL STATUS.— 7 For purposes of this section— 8 ‘‘(A) IN GENERAL.—Except as provided in 9 subparagraph (B), marital status shall be deter- 10 mined under section 7703(a). 11 ‘‘(B) SPECIAL RULE FOR SEPARATED 12 SPOUSE.—An individual shall not be treated as 13 married if such individual— 14 ‘‘(i) is married (as determined under 15 section 7703(a)) and does not file a joint 16 return for the taxable year, 17 ‘‘(ii) resides with a qualifying child of 18 the individual for more than one-half of 19 such taxable year, and 20 ‘‘(iii)(I) during the last 6 months of 21 such taxable year, does not have the same 22 principal place of abode as the individual’s 23 spouse, or 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00504 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 505 •HR 1319 RH ‘‘(II) has a decree, instrument, or 1 agreement (other than a decree of divorce) 2 described in section 121(d)(3)(C) with re- 3 spect to the individual’s spouse and is not 4 a member of the same household with the 5 individual’s spouse by the end of the tax- 6 able year.’’. 7 (b) CONFORMING AMENDMENTS.— 8 (1) Section 32(c)(1)(A) of such Code is amend- 9 ed by striking the last sentence. 10 (2) Section 32(c)(1)(E)(ii) of such Code is 11 amended by striking ‘‘(within the meaning of section 12 7703)’’. 13 (3) Section 32(d)(1) of such Code, as amended 14 by subsection (a), is amended by striking ‘‘(within 15 the meaning of section 7703)’’. 16 (c) EFFECTIVE DATE.—The amendments made by 17 this section shall apply to taxable years beginning after 18 December 31, 2020. 19 SEC. 9624. MODIFICATION OF DISQUALIFIED INVESTMENT 20 INCOME TEST. 21 (a) IN GENERAL.—Section 32(i) of the Internal Rev- 22 enue Code of 1986 is amended by striking ‘‘$2,200’’ and 23 inserting ‘‘$10,000’’. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00505 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 506 •HR 1319 RH (b) INFLATION ADJUSTMENT.—Section 32(j)(1) of 1 such Code is amended— 2 (1) in the matter preceding subparagraph (A), 3 by inserting ‘‘(2021 in the case of the dollar amount 4 in subsection (i)(1))’’ after ‘‘2015’’, 5 (2) in subparagraph (B)(i)— 6 (A) by striking ‘‘subsections (b)(2)(A) and 7 (i)(1)’’ and inserting ‘‘subsection (b)(2)(A)’’, 8 and 9 (B) by striking ‘‘and’’ at the end, 10 (3) by striking the period at the end of sub- 11 paragraph (B)(ii) and inserting ‘‘, and’’, and 12 (4) by inserting after subparagraph (B)(ii) the 13 following new clause: 14 ‘‘(iii) in the case of the $10,000 15 amount in subsection (i)(1), ‘calendar year 16 2020’ for ‘calendar year 2016’.’’. 17 (c) EFFECTIVE DATE.—The amendments made by 18 this section shall apply to taxable years beginning after 19 December 31, 2020. 20 SEC. 9625. APPLICATION OF EARNED INCOME TAX CREDIT 21 IN POSSESSIONS OF THE UNITED STATES. 22 (a) IN GENERAL.—Chapter 77 of the Internal Rev- 23 enue Code of 1986 is amended by adding at the end the 24 following new section: 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00506 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 507 •HR 1319 RH ‘‘SEC. 7530. APPLICATION OF EARNED INCOME TAX CREDIT 1 TO POSSESSIONS OF THE UNITED STATES. 2 ‘‘(a) PUERTO RICO.— 3 ‘‘(1) IN GENERAL.—With respect to calendar 4 year 2021 and each calendar year thereafter, the 5 Secretary shall, except as otherwise provided in this 6 subsection, make payments to Puerto Rico equal 7 to— 8 ‘‘(A) the specified matching amount for 9 such calendar year, plus 10 ‘‘(B) in the case of calendar years 2021 11 through 2025, the lesser of— 12 ‘‘(i) the expenditures made by Puerto 13 Rico during such calendar year for edu- 14 cation efforts with respect to individual 15 taxpayers and tax return preparers relat- 16 ing to the earned income tax credit, or 17 ‘‘(ii) $1,000,000. 18 ‘‘(2) REQUIREMENT TO REFORM EARNED IN- 19 COME TAX CREDIT.—The Secretary shall not make 20 any payments under paragraph (1) with respect to 21 any calendar year unless Puerto Rico has in effect 22 an earned income tax credit for taxable years begin- 23 ning in or with such calendar year which (relative to 24 the earned income tax credit which was in effect for 25 taxable years beginning in or with calendar year 26 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00507 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 508 •HR 1319 RH 2019) increases the percentage of earned income 1 which is allowed as a credit for each group of indi- 2 viduals with respect to which such percentage is sep- 3 arately stated or determined in a manner designed 4 to substantially increase workforce participation. 5 ‘‘(3) SPECIFIED MATCHING AMOUNT.—For pur- 6 poses of this subsection— 7 ‘‘(A) IN GENERAL.—The term ‘specified 8 matching amount’ means, with respect to any 9 calendar year, the lesser of— 10 ‘‘(i) the excess (if any) of— 11 ‘‘(I) the cost to Puerto Rico of 12 the earned income tax credit for tax- 13 able years beginning in or with such 14 calendar year, over 15 ‘‘(II) the base amount for such 16 calendar year, or 17 ‘‘(ii) the product of 3, multiplied by 18 the base amount for such calendar year. 19 ‘‘(B) BASE AMOUNT.— 20 ‘‘(i) BASE AMOUNT FOR 2021.—In the 21 case of calendar year 2021, the term ‘base 22 amount’ means the greater of— 23 ‘‘(I) the cost to Puerto Rico of 24 the earned income tax credit for tax- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00508 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 509 •HR 1319 RH able years beginning in or with cal- 1 endar year 2019 (rounded to the 2 nearest multiple of $1,000,000), or 3 ‘‘(II) $200,000,000. 4 ‘‘(ii) INFLATION ADJUSTMENT.—In 5 the case of any calendar year after 2021, 6 the term ‘base amount’ means the dollar 7 amount determined under clause (i) in- 8 creased by an amount equal to— 9 ‘‘(I) such dollar amount, multi- 10 plied by— 11 ‘‘(II) the cost-of-living adjust- 12 ment determined under section 1(f)(3) 13 for such calendar year, determined by 14 substituting ‘calendar year 2020’ for 15 ‘calendar year 2016’ in subparagraph 16 (A)(ii) thereof. 17 Any amount determined under this clause 18 shall be rounded to the nearest multiple of 19 $1,000,000. 20 ‘‘(4) RULES RELATED TO PAYMENTS AND RE- 21 PORTS.— 22 ‘‘(A) TIMING OF PAYMENTS.—The Sec- 23 retary shall make payments under paragraph 24 (1) for any calendar year— 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00509 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 510 •HR 1319 RH ‘‘(i) after receipt of the report de- 1 scribed in subparagraph (B) for such cal- 2 endar year, and 3 ‘‘(ii) except as provided in clause (i), 4 within a reasonable period of time before 5 the due date for individual income tax re- 6 turns (as determined under the laws of 7 Puerto Rico) for taxable years which began 8 on the first day of such calendar year. 9 ‘‘(B) ANNUAL REPORTS.—With respect to 10 calendar year 2021 and each calendar year 11 thereafter, Puerto Rico shall provide to the Sec- 12 retary a report which shall include— 13 ‘‘(i) an estimate of the costs described 14 in paragraphs (1)(B)(i) and (3)(A)(i)(I) 15 with respect to such calendar year, and 16 ‘‘(ii) a statement of such costs with 17 respect to the preceding calendar year. 18 ‘‘(C) ADJUSTMENTS.— 19 ‘‘(i) IN GENERAL.—In the event that 20 any estimate of an amount is more or less 21 than the actual amount as later deter- 22 mined and any payment under paragraph 23 (1) was determined on the basis of such 24 estimate, proper payment shall be made 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00510 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 511 •HR 1319 RH by, or to, the Secretary (as the case may 1 be) as soon as practicable after the deter- 2 mination that such estimate was inac- 3 curate. Proper adjustment shall be made in 4 the amount of any subsequent payments 5 made under paragraph (1) to the extent 6 that proper payment is not made under the 7 preceding sentence before such subsequent 8 payments. 9 ‘‘(ii) ADDITIONAL REPORTS.—The 10 Secretary may require such additional peri- 11 odic reports of the information described in 12 subparagraph (B) as the Secretary deter- 13 mines appropriate to facilitate timely ad- 14 justments under clause (i). 15 ‘‘(D) DETERMINATION OF COST OF 16 EARNED INCOME TAX CREDIT.—For purposes 17 of this subsection, the cost to Puerto Rico of 18 the earned income tax credit shall be deter- 19 mined by the Secretary on the basis of the laws 20 of Puerto Rico and shall include reductions in 21 revenues received by Puerto Rico by reason of 22 such credit and refunds attributable to such 23 credit, but shall not include any administrative 24 costs with respect to such credit. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00511 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 512 •HR 1319 RH ‘‘(b) POSSESSIONS WITH MIRROR CODE TAX SYS- 1 TEMS.— 2 ‘‘(1) IN GENERAL.—With respect to calendar 3 year 2021 and each calendar year thereafter, the 4 Secretary shall, except as otherwise provided in this 5 subsection, make payments to the Virgin Islands, 6 Guam, and the Commonwealth of the Northern Mar- 7 iana Islands equal to— 8 ‘‘(A) the cost to such possession of the 9 earned income tax credit for taxable years be- 10 ginning in or with such calendar year, plus 11 ‘‘(B) in the case of calendar years 2021 12 through 2025, the lesser of— 13 ‘‘(i) the expenditures made by such 14 possession during such calendar year for 15 education efforts with respect to individual 16 taxpayers and tax return preparers relat- 17 ing to such earned income tax credit, or 18 ‘‘(ii) $50,000. 19 ‘‘(2) APPLICATION OF CERTAIN RULES.—Rules 20 similar to the rules of subparagraphs (A), (B), (C), 21 and (D) of subsection (a)(4) shall apply for purposes 22 of this subsection. 23 ‘‘(c) AMERICAN SAMOA.— 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00512 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 513 •HR 1319 RH ‘‘(1) IN GENERAL.—With respect to calendar 1 year 2021 and each calendar year thereafter, the 2 Secretary shall, except as otherwise provided in this 3 subsection, make payments to American Samoa 4 equal to— 5 ‘‘(A) the lesser of— 6 ‘‘(i) the cost to American Samoa of 7 the earned income tax credit for taxable 8 years beginning in or with such calendar 9 year, or 10 ‘‘(ii) $16,000,000, plus 11 ‘‘(B) in the case of calendar years 2021 12 through 2025, the lesser of— 13 ‘‘(i) the expenditures made by Amer- 14 ican Samoa during such calendar year for 15 education efforts with respect to individual 16 taxpayers and tax return preparers relat- 17 ing to such earned income tax credit, or 18 ‘‘(ii) $50,000. 19 ‘‘(2) REQUIREMENT TO ENACT AND MAINTAIN 20 AN EARNED INCOME TAX CREDIT.—The Secretary 21 shall not make any payments under paragraph (1) 22 with respect to any calendar year unless American 23 Samoa has in effect an earned income tax credit for 24 taxable years beginning in or with such calendar 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00513 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 514 •HR 1319 RH year which allows a refundable tax credit to individ- 1 uals on the basis of the taxpayer’s earned income 2 which is designed to substantially increase workforce 3 participation. 4 ‘‘(3) INFLATION ADJUSTMENT.—In the case of 5 any calendar year after 2021, the $16,000,000 6 amount in paragraph (1)(A)(ii) shall be increased by 7 an amount equal to— 8 ‘‘(A) such dollar amount, multiplied by— 9 ‘‘(B) the cost-of-living adjustment deter- 10 mined under section 1(f)(3) for such calendar 11 year, determined by substituting ‘calendar year 12 2020’ for ‘calendar year 2016’ in subparagraph 13 (A)(ii) thereof. 14 Any increase determined under this clause shall be 15 rounded to the nearest multiple of $100,000. 16 ‘‘(4) APPLICATION OF CERTAIN RULES.—Rules 17 similar to the rules of subparagraphs (A), (B), (C), 18 and (D) of subsection (a)(4) shall apply for purposes 19 of this subsection. 20 ‘‘(d) TREATMENT OF PAYMENTS.—For purposes of 21 section 1324 of title 31, United States Code, the payments 22 under this section shall be treated in the same manner 23 as a refund due from a credit provision referred to in sub- 24 section (b)(2) of such section.’’. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00514 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 515 •HR 1319 RH (b) CLERICAL AMENDMENT.—The table of sections 1 for chapter 77 of the Internal Revenue Code of 1986 is 2 amended by adding at the end the following new item: 3 ‘‘Sec. 7530. Application of earned income tax credit to possessions of the United States.’’. SEC. 9626. TEMPORARY SPECIAL RULE FOR DETERMINING 4 EARNED INCOME FOR PURPOSES OF EARNED 5 INCOME TAX CREDIT. 6 (a) IN GENERAL.—If the earned income of the tax- 7 payer for the taxpayer’s first taxable year beginning in 8 2021 is less than the earned income of the taxpayer for 9 the taxpayer’s first taxable year beginning in 2019, the 10 credit allowed under section 32 of the Internal Revenue 11 Code of 1986 may, at the election of the taxpayer, be de- 12 termined by substituting-— 13 (1) such earned income for the taxpayer’s first 14 taxable year beginning in 2019, for 15 (2) such earned income for the taxpayer’s first 16 taxable year beginning in 2021. 17 (b) EARNED INCOME.— 18 (1) IN GENERAL.—For purposes of this section, 19 the term ‘‘earned income’’ has the meaning given 20 such term under section 32(c) of the Internal Rev- 21 enue Code of 1986. 22 (2) APPLICATION TO JOINT RETURNS.—For 23 purposes of subsection (a), in the case of a joint re- 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00515 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 516 •HR 1319 RH turn, the earned income of the taxpayer for the first 1 taxable year beginning in 2019 shall be the sum of 2 the earned income of each spouse for such taxable 3 year. 4 (c) SPECIAL RULES.— 5 (1) ERRORS TREATED AS MATHEMATICAL ER- 6 RORS.—For purposes of section 6213 of the Internal 7 Revenue Code of 1986, an incorrect use on a return 8 of earned income pursuant to subsection (a) shall be 9 treated as a mathematical or clerical error. 10 (2) NO EFFECT ON DETERMINATION OF GROSS 11 INCOME, ETC.—Except as otherwise provided in this 12 subsection, the Internal Revenue Code of 1986 shall 13 be applied without regard to any substitution under 14 subsection (a). 15 (d) TREATMENT OF CERTAIN POSSESSIONS.— 16 (1) PAYMENTS TO POSSESSIONS WITH MIRROR 17 CODE TAX SYSTEMS.—The Secretary of the Treas- 18 ury shall pay to each possession of the United States 19 which has a mirror code tax system amounts equal 20 to the loss (if any) to that possession by reason of 21 the application of the provisions of this section 22 (other than this subsection) with respect to section 23 32 of the Internal Revenue Code of 1986. Such 24 amounts shall be determined by the Secretary of the 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00516 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 517 •HR 1319 RH Treasury based on information provided by the gov- 1 ernment of the respective possession. 2 (2) PAYMENTS TO OTHER POSSESSIONS.—The 3 Secretary of the Treasury shall pay to each posses- 4 sion of the United States which does not have a mir- 5 ror code tax system amounts estimated by the Sec- 6 retary of the Treasury as being equal to the aggre- 7 gate benefits (if any) that would have been provided 8 to residents of such possession by reason of the pro- 9 visions of this section (other than this subsection) 10 with respect to section 32 of the Internal Revenue 11 Code of 1986 if a mirror code tax system had been 12 in effect in such possession. The preceding sentence 13 shall not apply unless the respective possession has 14 a plan, which has been approved by the Secretary of 15 the Treasury, under which such possession will 16 promptly distribute such payments to its residents. 17 (3) MIRROR CODE TAX SYSTEM.—For purposes 18 of this section, the term ‘‘mirror code tax system’’ 19 means, with respect to any possession of the United 20 States, the income tax system of such possession if 21 the income tax liability of the residents of such pos- 22 session under such system is determined by ref- 23 erence to the income tax laws of the United States 24 as if such possession were the United States. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00517 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 518 •HR 1319 RH (4) TREATMENT OF PAYMENTS.—For purposes 1 of section 1324 of title 31, United States Code, the 2 payments under this section shall be treated in the 3 same manner as a refund due from a credit provi- 4 sion referred to in subsection (b)(2) of such section. 5 PART 4—DEPENDENT CARE ASSISTANCE 6 SEC. 9631. REFUNDABILITY AND ENHANCEMENT OF CHILD 7 AND DEPENDENT CARE TAX CREDIT. 8 (a) IN GENERAL.—Section 21 of the Internal Rev- 9 enue Code of 1986 is amended by adding at the end the 10 following new subsection: 11 ‘‘(g) SPECIAL RULES FOR 2021.—In the case of any 12 taxable year beginning after December 31, 2020, and be- 13 fore January 1, 2022— 14 ‘‘(1) CREDIT MADE REFUNDABLE.—If the tax- 15 payer (in the case of a joint return, either spouse) 16 has a principal place of abode in the United States 17 (determined as provided in section 32) for more than 18 one-half of the taxable year, the credit allowed under 19 subsection (a) shall be treated as a credit allowed 20 under subpart C (and not allowed under this sub- 21 part). 22 ‘‘(2) INCREASE IN DOLLAR LIMIT ON AMOUNT 23 CREDITABLE.—Subsection (c) shall be applied— 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00518 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 519 •HR 1319 RH ‘‘(A) by substituting ‘$8,000’ for ‘$3,000’ 1 in paragraph (1) thereof, and 2 ‘‘(B) by substituting ‘$16,000’ for ‘$6,000’ 3 in paragraph (2) thereof. 4 ‘‘(3) INCREASE IN APPLICABLE PERCENTAGE.— 5 Subsection (a)(2) shall be applied— 6 ‘‘(A) by substituting ‘50 percent’ for ‘35 7 percent ’, and 8 ‘‘(B) by substituting ‘$125,000’ for 9 ‘$15,000’. 10 ‘‘(4) APPLICATION OF PHASEOUT TO HIGH IN- 11 COME INDIVIDUALS.— 12 ‘‘(A) IN GENERAL.—Subsection (a)(2) 13 shall be applied by substituting ‘the phaseout 14 percentage’ for ‘20 percent’. 15 ‘‘(B) PHASEOUT PERCENTAGE.—The term 16 ‘phaseout percentage’ means 20 percent re- 17 duced (but not below zero) by 1 percentage 18 point for each $2,000 (or fraction thereof) by 19 which the taxpayer’s adjusted gross income for 20 the taxable year exceeds $400,000.’’. 21 (b) APPLICATION OF CREDIT IN POSSESSIONS.—Sec- 22 tion 21 of such Code, as amended by subsection (a), is 23 amended by adding at the end the following new sub- 24 section: 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00519 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 520 •HR 1319 RH ‘‘(h) APPLICATION OF CREDIT IN POSSESSIONS.— 1 ‘‘(1) PAYMENT TO POSSESSIONS WITH MIRROR 2 CODE TAX SYSTEMS.—The Secretary shall pay to 3 each possession of the United States with a mirror 4 code tax system amounts equal to the loss (if any) 5 to that possession by reason of the application of 6 this section (determined without regard to this sub- 7 section) with respect to taxable years beginning in or 8 with 2021. Such amounts shall be determined by the 9 Secretary based on information provided by the gov- 10 ernment of the respective possession. 11 ‘‘(2) PAYMENTS TO OTHER POSSESSIONS.—The 12 Secretary shall pay to each possession of the United 13 States which does not have a mirror code tax system 14 amounts estimated by the Secretary as being equal 15 to the aggregate benefits that would have been pro- 16 vided to residents of such possession by reason of 17 this section with respect to taxable years beginning 18 in or with 2021 if a mirror code tax system had 19 been in effect in such possession. The preceding sen- 20 tence shall not apply unless the respective possession 21 has a plan, which has been approved by the Sec- 22 retary, under which such possession will promptly 23 distribute such payments to its residents. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00520 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 521 •HR 1319 RH ‘‘(3) COORDINATION WITH CREDIT ALLOWED 1 AGAINST UNITED STATES INCOME TAXES.—In the 2 case of any taxable year beginning in or with 2021, 3 no credit shall be allowed under this section to any 4 individual— 5 ‘‘(A) to whom a credit is allowable against 6 taxes imposed by a possession with a mirror 7 code tax system by reason of this section, or 8 ‘‘(B) who is eligible for a payment under 9 a plan described in paragraph (2). 10 ‘‘(4) MIRROR CODE TAX SYSTEM.—For pur- 11 poses of this subsection, the term ‘mirror code tax 12 system’ means, with respect to any possession of the 13 United States, the income tax system of such posses- 14 sion if the income tax liability of the residents of 15 such possession under such system is determined by 16 reference to the income tax laws of the United 17 States as if such possession were the United States. 18 ‘‘(5) TREATMENT OF PAYMENTS.—For pur- 19 poses of section 1324 of title 31, United States 20 Code, the payments under this subsection shall be 21 treated in the same manner as a refund due from 22 a credit provision referred to in subsection (b)(2) of 23 such section.’’. 24 (c) CONFORMING AMENDMENTS.— 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00521 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 522 •HR 1319 RH (1) Section 6211(b)(4)(A) of such Code, as 1 amended by the preceding provisions of this Act, is 2 amended by inserting ‘‘21 by reason of subsection 3 (g) thereof,’’ before ‘‘24’’. 4 (2) Section 1324(b)(2) of title 31, United 5 States Code (as amended by the preceding provi- 6 sions of this title), is amended by inserting ‘‘21,’’ be- 7 fore ‘‘24’’. 8 (d) EFFECTIVE DATE.—The amendments made by 9 this section shall apply to taxable years beginning after 10 December 31, 2020. 11 SEC. 9632. INCREASE IN EXCLUSION FOR EMPLOYER-PRO- 12 VIDED DEPENDENT CARE ASSISTANCE. 13 (a) IN GENERAL.—Section 129(a)(2) of the Internal 14 Revenue Code of 1986 is amended by adding at the end 15 the following new subparagraph: 16 ‘‘(D) SPECIAL RULE FOR 2021.—In the 17 case of any taxable year beginning after Decem- 18 ber 31, 2020, and before January 1, 2022, sub- 19 paragraph (A) shall be applied be substituting 20 ‘$10,500 (half such dollar amount’ for ‘$5,000 21 ($2,500’.’’. 22 (b) EFFECTIVE DATE.—The amendment made by 23 this section shall apply to taxable years beginning after 24 December 31, 2020. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00522 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 523 •HR 1319 RH (c) RETROACTIVE PLAN AMENDMENTS.—A plan that 1 otherwise satisfies all applicable requirements of sections 2 125 and 129 of the Internal Revenue Code of 1986 (in- 3 cluding any rules or regulations thereunder) shall not fail 4 to be treated as a cafeteria plan or dependent care assist- 5 ance program merely because such plan is amended pursu- 6 ant to a provision under this section and such amendment 7 is retroactive, if— 8 (1) such amendment is adopted no later than 9 the last day of the plan year in which the amend- 10 ment is effective, and 11 (2) the plan is operated consistent with the 12 terms of such amendment during the period begin- 13 ning on the effective date of the amendment and 14 ending on the date the amendment is adopted. 15 PART 5—CREDITS FOR PAID SICK AND FAMILY 16 LEAVE 17 SEC. 9641. EXTENSION OF CREDITS. 18 (a) IN GENERAL.—The following provisions of the 19 Families First Coronavirus Response Act are each amend- 20 ed by striking ‘‘March 31, 2021’’ and inserting ‘‘Sep- 21 tember 30, 2021’’: 22 (1) Section 7001(c)(2)(A). 23 (2) Section 7001(g). 24 (3) Section 7002(b)(2)(B)(i). 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00523 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 524 •HR 1319 RH (4) Section 7002(e). 1 (5) Section 7003(c)(2)(A). 2 (6) Section 7003(g). 3 (7) Section 7004(b)(2)(B)(i). 4 (8) Section 7004(e). 5 (b) CONFORMING AMENDMENT.—Section 7005(a) of 6 such Act is amended by striking ‘‘April 1, 2021’’ and in- 7 serting ‘‘October 1, 2021’’. 8 SEC. 9642. INCREASE IN LIMITATIONS ON CREDITS FOR 9 PAID FAMILY LEAVE. 10 (a) INCREASE IN OVERALL LIMITATION ON QUALI- 11 FIED FAMILY LEAVE WAGES.— 12 (1) IN GENERAL.—Section 7003(b)(1)(B) of 13 the Families First Coronavirus Response Act is 14 amended by striking ‘‘$10,000’’ and inserting 15 ‘‘$12,000’’. 16 (2) CONFORMING AMENDMENT.—Section 17 7004(d)(3) of such Act is amended by striking 18 ‘‘$10,000’’ and inserting ‘‘$12,000’’. 19 (b) INCREASE IN QUALIFIED FAMILY LEAVE EQUIV- 20 ALENT AMOUNT FOR SELF-EMPLOYED INDIVIDUALS.— 21 Section 7004(c)(1)(A) of such Act is amended by striking 22 ‘‘50’’ and inserting ‘‘60’’. 23 (c) COORDINATION WITH DEFINITION OF QUALIFIED 24 FAMILY LEAVE WAGES.—Section 7003(c)(2)(A) of such 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00524 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 525 •HR 1319 RH Act, as amended by the preceding provisions of this part, 1 is amended to read as follows: 2 ‘‘(A) which would be so required to be paid 3 if— 4 ‘‘(i) section 102(a)(1)(F) of the Fam- 5 ily and Medical Leave Act of 1993 were 6 applied by substituting ‘September 30, 7 2021’ for ‘December 31, 2020’, and 8 ‘‘(ii) section 110(b)(2)(B)(ii) of such 9 Act were applied by substituting ‘$12,000’ 10 for ‘$10,000’, and’’. 11 SEC. 9643. EXPANSION OF LEAVE TO WHICH PAID FAMILY 12 LEAVE CREDITS APPLIES. 13 (a) IN GENERAL.—Section 7003(c)(2)(A) of the 14 Families First Coronavirus Response Act, as amended by 15 the preceding provisions of this part, is amended by strik- 16 ing ‘‘and’’ at the end of clause (i), by redesignating clause 17 (ii) as clause (iii), and by inserting after clause (i) the 18 following new clause: 19 ‘‘(ii) section 110(a)(2)(A) of such Act 20 were applied by inserting ‘or any reason 21 for leave described in section 5102(a) of 22 the Families First Coronavirus Response 23 Act’ after ‘public health emergency’, and’’. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00525 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 526 •HR 1319 RH (b) APPLICATION TO CREDIT FOR PAID FAMILY 1 LEAVE FOR SELF-EMPLOYED INDIVIDUALS.—Section 2 7004(b)(2)(B) of such Act is amended by striking ‘‘and’’ 3 at the end of clause (i), by redesignating clause (ii) as 4 clause (iii), and by inserting after clause (i) the following 5 new clause: 6 ‘‘(ii) section 110(a)(2)(A) of such Act 7 were applied by inserting ‘or any reason 8 for leave described in section 5102(a) of 9 the Families First Coronavirus Response 10 Act’ after ‘public health emergency’, and’’. 11 SEC. 9644. PAID LEAVE CREDITS ALLOWED FOR LEAVE FOR 12 COVID-VACCINATION. 13 (a) PAID SICK LEAVE CREDIT.—Section 14 7001(c)(2)(A) of the Families First Coronavirus Response 15 Act is amended by striking ‘‘and’’ at the end of clause 16 (i), by redesignating clause (ii) as clause (iii), and by in- 17 serting after clause (i) the following new clause: 18 ‘‘(ii) by inserting ‘or the employee is 19 obtaining immunization related to COVID– 20 19 or recovering from any injury, dis- 21 ability, illness, or condition related to such 22 immunization’ after ‘medical diagnosis’ in 23 section 5102(a)(3), and’’. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00526 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 527 •HR 1319 RH (b) PAID SICK LEAVE CREDIT FOR SELF-EMPLOYED 1 INDIVIDUALS.—Section 7002(b)(2)(B)(i) of such Act, as 2 amended by the preceding provisions of this part, is 3 amended to read as follows: 4 ‘‘(i) such Act were applied— 5 ‘‘(I) by substituting ‘September 6 30, 2021’ for ‘December 31, 2020’ in 7 section 5109 thereof, and 8 ‘‘(II) by inserting ‘or the em- 9 ployee is obtaining immunization re- 10 lated to COVID–19 or recovering 11 from any injury, disability, illness, or 12 condition related to such immuniza- 13 tion’ after ‘medical diagnosis’ in sec- 14 tion 5102(a)(3), and’’. 15 (c) PAID FAMILY LEAVE CREDIT.—Section 16 7003(c)(2)(A)(ii) of such Act, as amended by the pre- 17 ceding provisions of this part, is amended by inserting ‘‘or 18 to obtain immunization related to COVID–19 or to recover 19 from any injury, disability, illness, or condition related to 20 such immunization’’ after ‘‘section 5102(a) of the Fami- 21 lies First Coronavirus Response Act’’. 22 (d) PAID FAMILY LEAVE CREDIT FOR SELF-EM- 23 PLOYED INDIVIDUALS.—Section 7004(b)(2)(B)(ii) of such 24 Act, as amended by the preceding provisions of this part, 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00527 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 528 •HR 1319 RH is amended by inserting ‘‘or to obtain immunization re- 1 lated to COVID–19 or to recover from any injury, dis- 2 ability, illness, or condition related to such immunization’’ 3 after ‘‘section 5102(a) of the Families First Coronavirus 4 Response Act’’. 5 SEC. 9645. APPLICATION OF NON-DISCRIMINATION RULES. 6 (a) PAID SICK LEAVE CREDIT.—Section 7001 of the 7 Families First and Coronavirus Response Act is amended 8 by adding at the end the following new subsection: 9 ‘‘(j) NON-DISCRIMINATION REQUIREMENT.—No 10 credit shall be allowed under this section to any employer 11 for any calendar quarter if such employer, with respect 12 to the availability of the provision of qualified sick leave 13 wages to which this section otherwise applies for such cal- 14 endar quarter, discriminates in favor of highly com- 15 pensated employees (within the meaning of section 414(q) 16 of the Internal Revenue Code of 1986), full-time employ- 17 ees, or employees on the basis of employment tenure with 18 such employer.’’. 19 (b) PAID FAMILY LEAVE CREDIT.—Section 7003 of 20 such Act is amended by adding at the end the following 21 new subsection: 22 ‘‘(j) NON-DISCRIMINATION REQUIREMENT.—No 23 credit shall be allowed under this section to any employer 24 for any calendar quarter if such employer, with respect 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00528 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 529 •HR 1319 RH to the availability of the provision of qualified family leave 1 wages to which this section otherwise applies for such cal- 2 endar quarter, discriminates in favor of highly com- 3 pensated employees (within the meaning of section 414(q) 4 of the Internal Revenue Code of 1986), full-time employ- 5 ees, or employees on the basis of employment tenure with 6 such employer.’’. 7 SEC. 9646. RESET OF LIMITATION ON PAID SICK LEAVE. 8 (a) IN GENERAL.—Section 7001(b)(2) of the Fami- 9 lies First Coronavirus Response Act is amended to read 10 as follows: 11 ‘‘(2) OVERALL LIMITATION ON NUMBER OF 12 DAYS TAKEN INTO ACCOUNT.— 13 ‘‘(A) LIMITATION APPLICABLE AFTER THE 14 FIRST QUARTER OF 2021.—In the case of cal- 15 endar quarters beginning after March 31, 2021, 16 in any calendar year, the aggregate number of 17 days taken into account under paragraph (1) 18 shall not exceed the excess (if any) of— 19 ‘‘(i) 10, over 20 ‘‘(ii) the aggregate number of days so 21 taken into account during preceding cal- 22 endar quarters in such calendar year 23 (other than the first quarter of calendar 24 year 2021). 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00529 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 530 •HR 1319 RH ‘‘(B) LIMITATION APPLICABLE BEFORE 1 THE SECOND QUARTER OF 2021.—In the case of 2 calendar quarters beginning before April 1, 3 2021, the aggregate number of days taken into 4 account under paragraph (1) for any calendar 5 quarter shall not exceed the excess (if any) of— 6 ‘‘(i) 10, over 7 ‘‘(ii) the aggregate number of days so 8 taken into account for all preceding cal- 9 endar quarters.’’. 10 (b) COORDINATION WITH MANDATE PROVISIONS.— 11 Section 7001(c)(2)(A) of such Act, as amended by the pre- 12 ceding provisions of this part, is amended by striking 13 ‘‘and’’ at the end of clause (ii), by redesignating clause 14 (iii) as clause (iv), and by inserting after clause (ii) the 15 following new clause: 16 ‘‘(iii) by applying section 5102(b)(1) 17 of such Act separately with respect to the 18 period before April 1, 2021, and to each 19 calendar year after 2020 (and, in the case 20 of calendar year 2021, without regard to 21 the first quarter thereof), and’’. 22 (c) APPLICATION TO SICK LEAVE CREDIT FOR THE 23 SELF-EMPLOYED.— 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00530 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 531 •HR 1319 RH (1) IN GENERAL.—Section 7002(c) of such Act 1 is amended— 2 (A) by striking ‘‘(but not more than the 3 applicable number of days)’’ in paragraph 4 (1)(A) and inserting ‘‘(but not more than 10)’’, 5 and 6 (B) by striking paragraph (3) and redesig- 7 nating paragraph (4) as paragraph (3). 8 (2) COORDINATION WITH MANDATE PROVI- 9 SIONS.—Section 7002(b)(2)(B)(i) of such Act, as 10 amended by the preceding provisions of this part, is 11 amended by striking ‘‘and’’ at the end of subclause 12 (I), by striking ‘‘and’’ at the end of subclause (II), 13 and by adding at the end the following new sub- 14 clauses: 15 ‘‘(III) by applying section 16 5102(b)(1) of such Act separately 17 with respect to each taxable year, and 18 ‘‘(IV) without regard to section 19 5102(b)(3) thereof, and’’. 20 SEC. 9647. CREDITS ALLOWED AGAINST EMPLOYER HOS- 21 PITAL INSURANCE TAX. 22 (a) IN GENERAL.—The following provisions of the 23 Families First Coronavirus Response Act are each amend- 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00531 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 532 •HR 1319 RH ed by striking ‘‘section 3111(a)’’ and inserting ‘‘section 1 3111(b)’’: 2 (1) Section 7001(a). 3 (2) Section 7001(b)(3). 4 (3) The section 7001(e)(4) which relates to ref- 5 erences to railroad retirement tax. 6 (4) Section 7001(i). 7 (5) Section 7003(a). 8 (6) Section 7003(b)(2). 9 (7) The section 7003(e)(4) which relates to ref- 10 erences to railroad retirement tax. 11 (8) Section 7003(i). 12 (b) CONFORMING AMENDMENTS.— 13 (1) Section 7001(b)(3) of such Act is amended 14 by striking ‘‘(reduced by any credits allowed under 15 subsections (e) and (f) of section 3111 of such Code, 16 and section 303(d) of the Taxpayer Certainty and 17 Disaster Tax Relief Act of 2020, for such quarter)’’. 18 (2) Section 7001 of such Act is amended by 19 striking subsection (h). 20 (3) Section 7003(b)(2) of such Act is amended 21 by striking ‘‘(reduced by any credits allowed under 22 subsections (e) and (f) of section 3111 of such Code, 23 section 7001 of this Act, and section 303(d) of the 24 Taxpayer Certainty and Disaster Tax Relief Act of 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00532 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 533 •HR 1319 RH 2020, for such quarter)’’ and inserting ‘‘(reduced by 1 any credits allowed under section 7001 of this Act)’’. 2 (4) Section 7003 of such Act is amended by 3 striking subsection (h). 4 (5) Section 7005(a) of such Act is amended by 5 striking ‘‘section 3111(a)’’ both places it appears 6 and inserting ‘‘section 3111(b)’’. 7 (6) Section 7005 of such Act is amended by 8 striking subsection (c). 9 SEC. 9648. APPLICATION OF CREDITS TO CERTAIN GOVERN- 10 MENTAL EMPLOYERS. 11 (a) CREDIT FOR PAID SICK LEAVE.—Section 12 7001(e) of the Families First Coronavirus Response Act 13 is amended— 14 (1) by striking the paragraph (4) which relates 15 to certain governmental employers, and 16 (2) by adding at the end the following new 17 paragraph: 18 ‘‘(5) CERTAIN GOVERNMENTAL EMPLOYERS.— 19 No credit shall be allowed under this section to the 20 Government of the United States or to any agency 21 or instrumentality thereof. The preceding sentence 22 shall not apply to any organization described in sec- 23 tion 501(c)(1) of the Internal Revenue Code of 1986 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00533 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 534 •HR 1319 RH and exempt from tax under section 501(a) of such 1 Code.’’. 2 (b) CREDIT FOR PAID FAMILY LEAVE.—Section 3 7003(e) of such Act is amended— 4 (1) by striking the paragraph (4) which relates 5 to certain governmental employers, and 6 (2) by adding at the end the following new 7 paragraph: 8 ‘‘(5) CERTAIN GOVERNMENTAL EMPLOYERS.— 9 No credit shall be allowed under this section to the 10 Government of the United States or to any agency 11 or instrumentality thereof. The preceding sentence 12 shall not apply to any organization described in sec- 13 tion 501(c)(1) of the Internal Revenue Code of 1986 14 and exempt from tax under section 501(a) of such 15 Code.’’. 16 SEC. 9649. GROSS UP OF CREDIT IN LIEU OF EXCLUSION 17 FROM TAX. 18 (a) IN GENERAL.—Section 7005 of the Families 19 First Coronavirus Response Act (as amended by the pre- 20 ceding provisions of this part) is amended— 21 (1) by amending subsection (a) to read as fol- 22 lows: 23 ‘‘(a) IN GENERAL.—The credit allowed by section 24 7001 and the credit allowed by section 7003 shall each 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00534 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 535 •HR 1319 RH be increased by the amount of the taxes imposed by sub- 1 sections (a) and (b) of section 3111 and section 3221(a) 2 of the Internal Revenue Code of 1986 on qualified sick 3 leave wages, or qualified family leave wages, for which 4 credit is allowed under such section 7001 or 7003 (respec- 5 tively).’’, 6 (2) by striking so much of subsection (b) as 7 precedes paragraph (2) thereof, 8 (3) by redesignating such paragraph (2) as sub- 9 section (b) and adjusting the indentation thereof ac- 10 cordingly, and 11 (4) by striking ‘‘paragraph (1)’’ in such sub- 12 section (b) (as so redesignated) and inserting ‘‘sub- 13 section (a)’’. 14 (b) COORDINATION WITH DEFINITION OF QUALI- 15 FIED WAGES.— 16 (1) Section 7001(c) of such Act is amended— 17 (A) by striking ‘‘and section 7005(a) of 18 this Act,’’, and 19 (B) by striking ‘‘and without regard to sec- 20 tion 7005(a) of this Act)’’. 21 (2) Section 7003(c) of such Act is amended by 22 striking ‘‘wages (as defined’’ and all that follows 23 through ‘‘paid by an employer’’ and inserting 24 ‘‘wages (as defined in section 3121(a) of the Inter- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00535 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 536 •HR 1319 RH nal Revenue Code of 1986, determined without re- 1 gard to paragraphs (1) through (22) of section 2 3121(b) of such Code) and compensation (as defined 3 in section 3231(e) of the Internal Revenue Code, de- 4 termined without regard to the sentence in para- 5 graph (1) thereof which begins ‘Such term does not 6 include remuneration’) paid by an employer’’. 7 SEC. 9650. EFFECTIVE DATE. 8 (a) IN GENERAL.—Except as otherwise provided in 9 this section, the amendments made by this part shall apply 10 to amounts paid with respect to calendar quarters begin- 11 ning after March 31, 2021. 12 (b) APPLICATION TO SELF-EMPLOYMENT TAX CRED- 13 ITS.—The amendments made by this part to any provision 14 of section 7002 or 7004 of the Families First Coronavirus 15 Response Act shall apply to taxable years beginning after 16 December 31, 2020. 17 PART 6—EMPLOYEE RETENTION CREDIT 18 SEC. 9651. EXTENSION OF EMPLOYEE RETENTION CREDIT. 19 (a) IN GENERAL.—Section 2301(m) of the CARES 20 Act is amended by striking ‘‘July 1, 2021’’ and inserting 21 ‘‘January 1, 2022’’. 22 (b) CREDIT ALLOWED AGAINST EMPLOYER HOS- 23 PITAL INSURANCE TAX.— 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00536 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 537 •HR 1319 RH (1) IN GENERAL.—Subparagraphs (A) and (B) 1 of section 2301(c)(1) of such Act are each amended 2 by striking ‘‘section 3111(a)’’ and inserting ‘‘section 3 3111(b)’’. 4 (2) CONFORMING AMENDMENTS.—Section 5 2301(b)(2) of such Act is amended— 6 (A) by striking ‘‘subsections (e) and (f) of 7 section 3111 of the Internal Revenue Code of 8 1986,’’, and 9 (B) by striking ‘‘, and section 303(d) of 10 the Taxpayer Certainty and Disaster Tax Relief 11 Act of 2020’’. 12 (c) EFFECTIVE DATE.—The amendments made by 13 this section shall apply to calendar quarters beginning 14 after June 30, 2021. 15 PART 7—PREMIUM TAX CREDIT 16 SEC. 9661. IMPROVING AFFORDABILITY BY EXPANDING 17 PREMIUM ASSISTANCE FOR CONSUMERS. 18 (a) IN GENERAL.—Section 36B(b)(3)(A) of the In- 19 ternal Revenue Code of 1986 is amended by adding at the 20 end the following new clause: 21 ‘‘(iii) TEMPORARY PERCENTAGES FOR 22 2021 AND 2022.—In the case of a taxable 23 year beginning in 2021 or 2022— 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00537 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 538 •HR 1319 RH ‘‘(I) clause (ii) shall not apply for 1 purposes of adjusting premium per- 2 centages under this subparagraph, 3 and 4 ‘‘(II) the following table shall be 5 applied in lieu of the table contained 6 in clause (i): 7 ‘‘In the case of household income (expressed as a percent of poverty line) within the following income tier: The initial premium percentage is— The final premium percentage is— Up to 150.0 percent ................................... 0.0 0.0 150.0 percent up to 200.0 percent ............. 0.0 2.0 200.0 percent up to 250.0 percent ............. 2.0 4.0 250.0 percent up to 300.0 percent ............. 4.0 6.0 300.0 percent up to 400.0 percent ............. 6.0 8.5 400.0 percent and higher ........................... 8.5 8.5’’. (b) CONFORMING AMENDMENT.—Section 36B(c)(1) 8 of the Internal Revenue Code of 1986 is amended by add- 9 ing at the end the following new subparagraph: 10 ‘‘(E) TEMPORARY RULE FOR 2021 AND 11 2022.—In the case of a taxable year beginning 12 in 2021 or 2022, subparagraph (A) shall be ap- 13 plied without regard to ‘but does not exceed 14 400 percent’.’’. 15 (c) EFFECTIVE DATE.—The amendments made by 16 this section shall apply to taxable years beginning after 17 December 31, 2020. 18 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00538 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 539 •HR 1319 RH SEC. 9662. TEMPORARY MODIFICATION OF LIMITATIONS 1 ON RECONCILIATION OF TAX CREDITS FOR 2 COVERAGE UNDER A QUALIFIED HEALTH 3 PLAN WITH ADVANCE PAYMENTS OF SUCH 4 CREDIT. 5 (a) IN GENERAL.—Section 36B(f)(2)(B) of the Inter- 6 nal Revenue Code of 1986 is amended by adding at the 7 end the following new clause: 8 ‘‘(iii) TEMPORARY MODIFICATION OF 9 LIMITATION ON INCREASE.—In the case of 10 any taxable year beginning in 2020, for 11 any taxpayer who files for such taxable 12 year an income tax return reconciling any 13 advance payment of the credit under this 14 section, the Secretary shall treat subpara- 15 graph (A) as not applying.’’. 16 (b) EFFECTIVE DATE.—The amendment made by 17 this section shall apply to taxable years beginning after 18 December 31, 2019. 19 SEC. 9663. APPLICATION OF PREMIUM TAX CREDIT IN CASE 20 OF INDIVIDUALS RECEIVING UNEMPLOY- 21 MENT COMPENSATION DURING 2021. 22 (a) IN GENERAL.—Section 36B of the Internal Rev- 23 enue Code of 1986 is amended by redesignating subsection 24 (g) as subsection (h) and by inserting after subsection (f) 25 the following new subsection: 26 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00539 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 540 •HR 1319 RH ‘‘(g) SPECIAL RULE FOR INDIVIDUALS WHO RE- 1 CEIVE UNEMPLOYMENT COMPENSATION DURING 2021.— 2 ‘‘(1) IN GENERAL.—For purposes of this sec- 3 tion, in the case of a taxpayer who has received, or 4 has been approved to receive, unemployment com- 5 pensation for any week beginning during 2021, for 6 the taxable year in which such week begins— 7 ‘‘(A) such taxpayer shall be treated as an 8 applicable taxpayer, and 9 ‘‘(B) there shall not be taken into account 10 any household income of the taxpayer in excess 11 of 133 percent of the poverty line for a family 12 of the size involved. 13 ‘‘(2) UNEMPLOYMENT COMPENSATION.—For 14 purposes of this subsection, the term ‘unemployment 15 compensation’ has the meaning given such term in 16 section 85(b). 17 ‘‘(3) EVIDENCE OF UNEMPLOYMENT COM- 18 PENSATION.—For purposes of this subsection, a tax- 19 payer shall not be treated as having received (or 20 been approved to receive) unemployment compensa- 21 tion for any week unless such taxpayer provides self- 22 attestation of, and such documentation as the Sec- 23 retary shall prescribe which demonstrates, such re- 24 ceipt or approval. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00540 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 541 •HR 1319 RH ‘‘(4) CLARIFICATION OF RULES REMAINING AP- 1 PLICABLE.— 2 ‘‘(A) JOINT RETURN REQUIREMENT.— 3 Paragraph (1)(A) shall not affect the applica- 4 tion of subsection (c)(1)(C). 5 ‘‘(B) HOUSEHOLD INCOME AND 6 AFFORDABILLITY.—Paragraph (1)(B) shall not 7 apply to any determination of household income 8 for purposes of paragraph (2)(C)(i)(II) or 9 (4)(C)(ii) of subsection (c)’’. 10 (b) EFFECTIVE DATE.—The amendments made by 11 this section shall apply to taxable years beginning after 12 December 31, 2020. 13 PART 8—MISCELLANEOUS PROVISIONS 14 SEC. 9671. REPEAL OF ELECTION TO ALLOCATE INTEREST, 15 ETC. ON WORLDWIDE BASIS. 16 (a) IN GENERAL.—Section 864 of the Internal Rev- 17 enue Code of 1986 is amended by striking subsection (f). 18 (b) EFFECTIVE DATE.—The amendment made by 19 this section shall apply to taxable years beginning after 20 December 31, 2020. 21 SEC. 9672. TAX TREATMENT OF TARGETED EIDL ADVANCES. 22 For purposes of the Internal Revenue Code of 23 1986— 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00541 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 542 •HR 1319 RH (1) amounts received from the Administrator of 1 the Small Business Administration in the form of a 2 Targeted EIDL Advance shall not be included in the 3 gross income of the person that receives such 4 amounts, 5 (2) no deduction shall be denied, no tax at- 6 tribute shall be reduced, and no basis increase shall 7 be denied, by reason of the exclusion from gross in- 8 come provided by paragraph (1), and 9 (3) in the case of a partnership or S corpora- 10 tion that receives such amounts— 11 (A) any amount excluded from income by 12 reason of paragraph (1) shall be treated as tax 13 exempt income for purposes of sections 705 and 14 1366 of the Internal Revenue Code of 1986, 15 and 16 (B) the Secretary of the Treasury (or the 17 Secretary’s delegate) shall prescribe rules for 18 determining a partner’s distributive share of 19 any amount described in subparagraph (A) for 20 purposes of section 705 of the Internal Revenue 21 Code of 1986. 22 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00542 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 543 •HR 1319 RH SEC. 9673. TAX TREATMENT OF RESTAURANT REVITALIZA- 1 TION GRANTS. 2 For purposes of the Internal Revenue Code of 3 1986— 4 (1) amounts received from the Administrator of 5 the Small Business Administration in the form of a 6 Restaurant Revitalization Grant shall not be in- 7 cluded in the gross income of the person that re- 8 ceives such amounts, 9 (2) no deduction shall be denied, no tax at- 10 tribute shall be reduced, and no basis increase shall 11 be denied, by reason of the exclusion from gross in- 12 come provided by paragraph (1), and 13 (3) in the case of a partnership or S corpora- 14 tion that receives such amounts— 15 (A) except as otherwise provided by the 16 Secretary of the Treasury (or the Secretary’s 17 delegate), any amount excluded from income by 18 reason of paragraph (1) shall be treated as tax 19 exempt income for purposes of sections 705 and 20 1366 of the Internal Revenue Code of 1986, 21 and 22 (B) the Secretary of the Treasury (or the 23 Secretary’s delegate) shall prescribe rules for 24 determining a partner’s distributive share of 25 any amount described in subparagraph (A) for 26 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00543 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 544 •HR 1319 RH purposes of section 705 of the Internal Revenue 1 Code of 1986. 2 Subtitle H—Pensions 3 SEC. 9700. SHORT TITLE. 4 This subtitle may be cited as the ‘‘Butch Lewis 5 Emergency Pension Plan Relief Act of 2021’’. 6 SEC. 9701. TEMPORARY DELAY OF DESIGNATION OF MULTI- 7 EMPLOYER PLANS AS IN ENDANGERED, CRIT- 8 ICAL, OR CRITICAL AND DECLINING STATUS. 9 (a) IN GENERAL.—Notwithstanding the actuarial 10 certification under section 305(b)(3) of the Employee Re- 11 tirement Income Security Act of 1974 and section 12 432(b)(3) of the Internal Revenue Code of 1986, if a plan 13 sponsor of a multiemployer plan elects the application of 14 this section, then, for purposes of section 305 of such Act 15 and section 432 of such Code— 16 (1) the status of the plan for its first plan year 17 beginning during the period beginning on March 1, 18 2020, and ending on February 28, 2021, or the next 19 succeeding plan year (as designated by the plan 20 sponsor in such election), shall be the same as the 21 status of such plan under such sections for the plan 22 year preceding such designated plan year, and 23 (2) in the case of a plan which was in endan- 24 gered or critical status for the plan year preceding 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00544 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 545 •HR 1319 RH the designated plan year described in paragraph (1), 1 the plan shall not be required to update its plan or 2 schedules under section 305(c)(6) of such Act and 3 section 432(c)(6) of such Code, or section 4 305(e)(3)(B) of such Act and section 432(e)(3)(B) 5 of such Code, whichever is applicable, until the plan 6 year following the designated plan year described in 7 paragraph (1). 8 (b) EXCEPTION FOR PLANS BECOMING CRITICAL 9 DURING ELECTION.—If— 10 (1) an election was made under subsection (a) 11 with respect to a multiemployer plan, and 12 (2) such plan has, without regard to such elec- 13 tion, been certified by the plan actuary under section 14 305(b)(3) of the Employee Retirement Income Secu- 15 rity Act of 1974 and section 432(b)(3) of the Inter- 16 nal Revenue Code of 1986 to be in critical status for 17 the designated plan year described in subsection 18 (a)(1), then such plan shall be treated as a plan in 19 critical status for such plan year for purposes of ap- 20 plying section 4971(g)(1)(A) of such Code, section 21 302(b)(3) of such Act (without regard to the second 22 sentence thereof), and section 412(b)(3) of such 23 Code (without regard to the second sentence there- 24 of). 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00545 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 546 •HR 1319 RH (c) ELECTION AND NOTICE.— 1 (1) ELECTION.—An election under subsection 2 (a)— 3 (A) shall be made at such time and in such 4 manner as the Secretary of the Treasury or the 5 Secretary’s delegate may prescribe and, once 6 made, may be revoked only with the consent of 7 the Secretary, and 8 (B) if made— 9 (i) before the date the annual certifi- 10 cation is submitted to the Secretary or the 11 Secretary’s delegate under section 12 305(b)(3) of such Act and section 13 432(b)(3) of such Code, shall be included 14 with such annual certification, and 15 (ii) after such date, shall be submitted 16 to the Secretary or the Secretary’s delegate 17 not later than 30 days after the date of the 18 election. 19 (2) NOTICE TO PARTICIPANTS.— 20 (A) IN GENERAL.—Notwithstanding sec- 21 tion 305(b)(3)(D) of the Employee Retirement 22 Income Security Act of 1974 and section 23 432(b)(3)(D) of the Internal Revenue Code of 24 1986, if, by reason of an election made under 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00546 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 547 •HR 1319 RH subsection (a), the plan is in neither endan- 1 gered nor critical status— 2 (i) the plan sponsor of a multiem- 3 ployer plan shall not be required to provide 4 notice under such sections, and 5 (ii) the plan sponsor shall provide to 6 the participants and beneficiaries, the bar- 7 gaining parties, the Pension Benefit Guar- 8 anty Corporation, and the Secretary of 9 Labor a notice of the election under sub- 10 section (a) and such other information as 11 the Secretary of the Treasury (in consulta- 12 tion with the Secretary of Labor) may re- 13 quire— 14 (I) if the election is made before 15 the date the annual certification is 16 submitted to the Secretary or the Sec- 17 retary’s delegate under section 18 305(b)(3) of such Act and section 19 432(b)(3) of such Code, not later than 20 30 days after the date of the certifi- 21 cation, and 22 (II) if the election is made after 23 such date, not later than 30 days 24 after the date of the election. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00547 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 548 •HR 1319 RH (B) NOTICE OF ENDANGERED STATUS.— 1 Notwithstanding section 305(b)(3)(D) of such 2 Act and section 432(b)(3)(D) of such Code, if 3 the plan is certified to be in critical status for 4 any plan year but is in endangered status by 5 reason of an election made under subsection 6 (a), the notice provided under such sections 7 shall be the notice which would have been pro- 8 vided if the plan had been certified to be in en- 9 dangered status. 10 SEC. 9702. TEMPORARY EXTENSION OF THE FUNDING IM- 11 PROVEMENT AND REHABILITATION PERIODS 12 FOR MULTIEMPLOYER PENSION PLANS IN 13 CRITICAL AND ENDANGERED STATUS FOR 14 2020 OR 2021. 15 (a) IN GENERAL.—If the plan sponsor of a multiem- 16 ployer plan which is in endangered or critical status for 17 a plan year beginning in 2020 or 2021 (determined after 18 application of section 9701) elects the application of this 19 section, then, for purposes of section 305 of the Employee 20 Retirement Income Security Act of 1974 and section 432 21 of the Internal Revenue Code of 1986— 22 (1) except as provided in paragraph (2), the 23 plan’s funding improvement period or rehabilitation 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00548 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 549 •HR 1319 RH period, whichever is applicable, shall be 15 years 1 rather than 10 years, and 2 (2) in the case of a plan in seriously endan- 3 gered status, the plan’s funding improvement period 4 shall be 20 years rather than 15 years. 5 (b) DEFINITIONS AND SPECIAL RULES.—For pur- 6 poses of this section— 7 (1) ELECTION.—An election under this section 8 shall be made at such time, and in such manner and 9 form, as (in consultation with the Secretary of 10 Labor) the Secretary of the Treasury or the Sec- 11 retary’s delegate may prescribe. 12 (2) DEFINITIONS.—Any term which is used in 13 this section which is also used in section 305 of the 14 Employee Retirement Income Security Act of 1974 15 and section 432 of the Internal Revenue Code of 16 1986 shall have the same meaning as when used in 17 such sections. 18 (c) EFFECTIVE DATE.—This section shall apply to 19 plan years beginning after December 31, 2019. 20 SEC. 9703. ADJUSTMENTS TO FUNDING STANDARD AC- 21 COUNT RULES. 22 (a) ADJUSTMENTS.— 23 (1) AMENDMENT TO EMPLOYEE RETIREMENT 24 INCOME SECURITY ACT OF 1974.—Section 304(b)(8) 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00549 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 550 •HR 1319 RH of the Employee Retirement Income Security Act of 1 1974 (29 U.S.C. 1084(b)) is amended by adding at 2 the end the following new subparagraph: 3 ‘‘(F) RELIEF FOR 2020 AND 2021.—A mul- 4 tiemployer plan with respect to which the sol- 5 vency test under subparagraph (C) is met as of 6 February 29, 2020, may elect to apply this 7 paragraph (without regard to whether such plan 8 previously elected the application of this para- 9 graph)— 10 ‘‘(i) by substituting ‘February 29, 11 2020’ for ‘August 31, 2008’ each place it 12 appears in subparagraphs (A)(i), (B)(i)(I), 13 and (B)(i)(II), 14 ‘‘(ii) by inserting ‘and other losses re- 15 lated to the virus SARS–CoV–2 or 16 coronavirus disease 2019 (COVID–19) (in- 17 cluding experience losses related to reduc- 18 tions in contributions, reductions in em- 19 ployment, and deviations from anticipated 20 retirement rates, as determined by the plan 21 sponsor)’ after ‘net investment losses’ in 22 subparagraph (A)(i), and 23 ‘‘(iii) by substituting ‘this subpara- 24 graph or subparagraph (A)’ for ‘this sub- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00550 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 551 •HR 1319 RH paragraph and subparagraph (A) both’ in 1 subparagraph (B)(iii). 2 The preceding sentence shall not apply to a 3 plan to which special financial assistance is 4 granted under section 4262. For purposes of 5 the application of this subparagraph, the Sec- 6 retary of the Treasury shall rely on the plan 7 sponsor’s calculations of plan losses unless such 8 calculations are clearly erroneous.’’. 9 (2) AMENDMENT TO INTERNAL REVENUE CODE 10 OF 1986.—Section 431(b)(8) of the Internal Revenue 11 Code of 1986 is amended by adding at the end the 12 following new subparagraph: 13 ‘‘(F) RELIEF FOR 2020 AND 2021.—A mul- 14 tiemployer plan with respect to which the sol- 15 vency test under subparagraph (C) is met as of 16 February 29, 2020, may elect to apply this 17 paragraph (without regard to whether such plan 18 previously elected the application of this para- 19 graph)— 20 ‘‘(i) by substituting ‘February 29, 21 2020’ for ‘August 31, 2008’ each place it 22 appears in subparagraphs (A)(i), (B)(i)(I), 23 and (B)(i)(II), 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00551 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 552 •HR 1319 RH ‘‘(ii) by inserting ‘and other losses re- 1 lated to the virus SARS–CoV–2 or 2 coronavirus disease 2019 (COVID–19) (in- 3 cluding experience losses related to reduc- 4 tions in contributions, reductions in em- 5 ployment, and deviations from anticipated 6 retirement rates, as determined by the plan 7 sponsor)’ after ‘net investment losses’ in 8 subparagraph (A)(i), and 9 ‘‘(iii) by substituting ‘this subpara- 10 graph or subparagraph (A)’ for ‘this sub- 11 paragraph and subparagraph (A) both’ in 12 subparagraph (B)(iii). 13 The preceding sentence shall not apply to a 14 plan to which special financial assistance is 15 granted under section 4262 of the Employee 16 Retirement Income Security Act of 1974. For 17 purposes of the application of this subpara- 18 graph, the Secretary shall rely on the plan 19 sponsor’s calculations of plan losses unless such 20 calculations are clearly erroneous.’’. 21 (b) EFFECTIVE DATES.— 22 (1) IN GENERAL.—The amendments made by 23 this section shall take effect as of the first day of 24 the first plan year ending on or after February 29, 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00552 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 553 •HR 1319 RH 2020, except that any election a plan makes pursu- 1 ant to this section that affects the plan’s funding 2 standard account for the first plan year beginning 3 after February 29, 2020, shall be disregarded for 4 purposes of applying the provisions of section 305 of 5 the Employee Retirement Income Security Act of 6 1974 and section 432 of the Internal Revenue Code 7 of 1986 to such plan year. 8 (2) RESTRICTIONS ON BENEFIT INCREASES.— 9 Notwithstanding paragraph (1), the restrictions on 10 plan amendments increasing benefits in sections 11 304(b)(8)(D) of such Act and 431(b)(8)(D) of such 12 Code, as applied by the amendments made by this 13 section, shall take effect on the date of enactment of 14 this Act. 15 SEC. 9704. SPECIAL FINANCIAL ASSISTANCE PROGRAM FOR 16 FINANCIALLY TROUBLED MULTIEMPLOYER 17 PLANS. 18 (a) APPROPRIATION.—Section 4005 of the Employee 19 Retirement Income Security Act of 1974 (29 U.S.C. 1305) 20 is amended by adding at the end the following: 21 ‘‘(i)(1) An eighth fund shall be established for special 22 financial assistance to multiemployer pension plans, as 23 provided under section 4262, and to pay for necessary ad- 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00553 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 554 •HR 1319 RH ministrative and operating expenses of the corporation re- 1 lating to such assistance. 2 ‘‘(2) There is appropriated from the general fund 3 such amounts as are necessary for the costs of providing 4 financial assistance under section 4262 and necessary ad- 5 ministrative and operating expenses of the corporation. 6 The eighth fund established under this subsection shall be 7 credited with amounts from time to time as the Secretary 8 of the Treasury, in conjunction with the Director of the 9 Pension Benefit Guaranty Corporation, determines appro- 10 priate, from the general fund of the Treasury, but in no 11 case shall such transfers occur after September 30, 12 2030.’’. 13 (b) FINANCIAL ASSISTANCE AUTHORITY.—The Em- 14 ployee Retirement Income Security Act of 1974 is amend- 15 ed by inserting after section 4261 of such Act (29 U.S.C. 16 1431) the following: 17 ‘‘SEC. 4262. SPECIAL FINANCIAL ASSISTANCE BY THE COR- 18 PORATION. 19 ‘‘(a) SPECIAL FINANCIAL ASSISTANCE.— 20 ‘‘(1) IN GENERAL.—The corporation shall pro- 21 vide special financial assistance to an eligible multi- 22 employer plan under this section, upon the applica- 23 tion of a plan sponsor of such a plan for such assist- 24 ance. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00554 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 555 •HR 1319 RH ‘‘(2) INAPPLICABILITY OF CERTAIN REPAYMENT 1 OBLIGATION.—A plan receiving financial assistance 2 pursuant to this section shall not be subject to re- 3 payment obligations. 4 ‘‘(b) ELIGIBLE MULTIEMPLOYER PLANS.— 5 ‘‘(1) IN GENERAL.—For purposes of this sec- 6 tion, a multiemployer plan is an eligible multiem- 7 ployer plan if— 8 ‘‘(A) the plan is in critical and declining 9 status (within the meaning of section 10 305(b)(6)) in any plan year beginning in 2020 11 through 2022; 12 ‘‘(B) a suspension of benefits has been ap- 13 proved with respect to the plan under section 14 305(e)(9) as of the date of the enactment of 15 this section; 16 ‘‘(C) in any plan year beginning in 2020 17 through 2022, the plan is certified by the plan 18 actuary to be in critical status (within the 19 meaning of section 305(b)(2)), has a modified 20 funded percentage of less than 40 percent, and 21 has a ratio of active to inactive participants 22 which is less than 2 to 3; or 23 ‘‘(D) the plan became insolvent for pur- 24 poses of section 418E of the Internal Revenue 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00555 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 556 •HR 1319 RH Code of 1986 after December 16, 2014, and 1 has remained so insolvent and has not been ter- 2 minated as of the date of enactment of this sec- 3 tion. 4 ‘‘(2) MODIFIED FUNDED PERCENTAGE.—For 5 purposes of paragraph (1)(C), the term ‘modified 6 funded percentage’ means the percentage equal to a 7 fraction the numerator of which is current value of 8 plan assets (as defined in section 3(26) of such Act) 9 and the denominator of which is current liabilities 10 (as defined in section 431(c)(6)(D) of such Code and 11 section 304(c)(6)(D) of such Act). 12 ‘‘(c) APPLICATIONS FOR SPECIAL FINANCIAL ASSIST- 13 ANCE.—Within 120 days of the date of enactment of this 14 section, the corporation shall issue regulations or guidance 15 setting forth requirements for special financial assistance 16 applications under this section. In such regulations or 17 guidance, the corporation shall— 18 ‘‘(1) limit the materials required for a special 19 financial assistance application to the minimum nec- 20 essary to make a determination on the application; 21 ‘‘(2) specify effective dates for transfers of spe- 22 cial financial assistance following approval of an ap- 23 plication, based on the effective date of the sup- 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00556 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 557 •HR 1319 RH porting actuarial analysis and the date on which the 1 application is submitted; and 2 ‘‘(3) provide for an alternate application for 3 special financial assistance under this section, which 4 may be used by a plan that has been approved for 5 a partition under section 4233 before the date of en- 6 actment of this section. 7 ‘‘(d) TEMPORARY PRIORITY CONSIDERATION OF AP- 8 PLICATIONS.— 9 ‘‘(1) IN GENERAL.—The corporation may speci- 10 fy in regulations or guidance under subsection (c) 11 that, during a period no longer than the first 2 12 years following the date of enactment of this section, 13 applications may not be filed by an eligible multiem- 14 ployer plan unless— 15 ‘‘(A) the eligible multiemployer plan is in- 16 solvent or is likely to become insolvent within 5 17 years of the date of enactment of this section; 18 ‘‘(B) the corporation projects the eligible 19 multiemployer plan to have a present value of 20 financial assistance payments under section 21 4261 that exceeds $1,000,000,000 if the special 22 financial assistance is not ordered; 23 ‘‘(C) the eligible multiemployer plan has 24 implemented benefit suspensions under section 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00557 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 558 •HR 1319 RH 305(e)(9) as of the date of the enactment of 1 this section; or 2 ‘‘(D) the corporation determines it appro- 3 priate based on other similar circumstances. 4 ‘‘(e) ACTUARIAL ASSUMPTIONS.— 5 ‘‘(1) ELIGIBILITY.—For purposes of deter- 6 mining eligibility for special financial assistance, the 7 corporation shall accept assumptions incorporated in 8 a multiemployer plan’s determination that it is in 9 critical status or critical and declining status (within 10 the meaning of section 305(b)) for certifications of 11 plan status completed before January 1, 2021, un- 12 less such assumptions are clearly erroneous. For cer- 13 tifications of plan status completed after December 14 31, 2020, a plan shall determine whether it is in 15 critical or critical and declining status for purposes 16 of eligibility for special financial assistance by using 17 the assumptions that the plan used in its most re- 18 cently completed certification of plan status before 19 January 1, 2021, unless such assumptions (exclud- 20 ing the plan’s interest rate) are unreasonable. 21 ‘‘(2) AMOUNT OF FINANCIAL ASSISTANCE.—In 22 determining the amount of special financial assist- 23 ance in its application, an eligible multiemployer 24 plan shall— 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00558 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 559 •HR 1319 RH ‘‘(A) use the interest rate used by the plan 1 in its most recently completed certification of 2 plan status before January 1, 2021, provided 3 that such interest rate may not exceed the in- 4 terest rate limit; and 5 ‘‘(B) for other assumptions, use the as- 6 sumptions that the plan used in its most re- 7 cently completed certification of plan status be- 8 fore January 1, 2021, unless such assumptions 9 are unreasonable. 10 ‘‘(3) INTEREST RATE.—The interest rate limit 11 for purposes of this subsection is the rate specified 12 in section 303(h)(2)(C)(iii) (disregarding modifica- 13 tions made under clause (iv) of such section) for the 14 month in which the application for special financial 15 assistance is filed by the eligible multiemployer plan 16 or the 3 preceding months, with such specified rate 17 increased by 200 basis points. 18 ‘‘(4) CHANGES IN ASSUMPTIONS.—If a plan de- 19 termines that use of one or more prior assumptions 20 is unreasonable, the plan may propose in its applica- 21 tion to change such assumptions, provided that the 22 plan discloses such changes in its application and 23 describes why such assumptions are no longer rea- 24 sonable. The corporation shall accept such changed 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00559 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 560 •HR 1319 RH assumptions unless it determines the changes are 1 unreasonable, individually or in the aggregate. The 2 plan may not propose a change to the interest rate 3 otherwise required under this subsection for eligi- 4 bility or financial assistance amount. 5 ‘‘(f) APPLICATION DEADLINE.—Any application by a 6 plan for special financial assistance under this section 7 shall be submitted no later than December 31, 2025, and 8 any revised application for special financial assistance 9 shall be submitted no later than December 31, 2026. 10 ‘‘(g) DETERMINATIONS ON APPLICATIONS.—A plan’s 11 application for special financial assistance under this sec- 12 tion that is timely filed in accordance with the regulations 13 or guidance issued under subsection (c) shall be deemed 14 approved unless the corporation notifies the plan within 15 120 days of the filing of the application that the applica- 16 tion is incomplete, any proposed change or assumption is 17 unreasonable, or the plan is not eligible under this section. 18 Such notice shall specify the reasons the plan is ineligible 19 for special financial assistance, any proposed change or 20 assumption is unreasonable, or information is needed to 21 complete the application. If a plan is denied assistance 22 under this subsection, the plan may submit a revised ap- 23 plication under this section. Any revised application for 24 special financial assistance submitted by a plan shall be 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00560 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 561 •HR 1319 RH deemed approved unless the corporation notifies the plan 1 within 120 days of the filing of the revised application that 2 the application is incomplete, any proposed change or as- 3 sumption is unreasonable, or the plan is not eligible under 4 this section. Special financial assistance issued by the cor- 5 poration shall be effective on a date determined by the 6 corporation, but no later than 1 year after a plan’s special 7 financial assistance application is approved by the cor- 8 poration or deemed approved. The corporation shall not 9 pay any special financial assistance after September 30, 10 2030. 11 ‘‘(h) MANNER OF PAYMENT.—The payment made by 12 the corporation to an eligible multiemployer plan under 13 this section shall be made as a single, lump sum payment. 14 ‘‘(i) AMOUNT AND MANNER OF SPECIAL FINANCIAL 15 ASSISTANCE.— 16 ‘‘(1) IN GENERAL.—Special financial assistance 17 under this section shall be a transfer of funds in the 18 amount necessary as demonstrated by the plan spon- 19 sor on the application for such special financial as- 20 sistance, in accordance with the requirements de- 21 scribed in subsection (j). Special financial assistance 22 shall be paid to such plan as soon as practicable 23 upon approval of the application by the corporation. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00561 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 562 •HR 1319 RH ‘‘(2) NO CAP.—Special financial assistance 1 granted by the corporation under this section shall 2 not be capped by the guarantee under 4022A. 3 ‘‘(j) DETERMINATION OF AMOUNT OF SPECIAL FI- 4 NANCIAL ASSISTANCE.— 5 ‘‘(1) IN GENERAL.—The amount of financial 6 assistance provided to a multiemployer plan eligible 7 for financial assistance under this section shall be 8 such amount required for the plan to pay all benefits 9 due during the period beginning on the date of pay- 10 ment of the special financial assistance payment 11 under this section and ending on the last day of the 12 plan year ending in 2051, with no reduction in a 13 participant’s or beneficiary’s accrued benefit as of 14 the date of enactment of this section, except to the 15 extent of a reduction in accordance with section 16 305(e)(8) adopted prior to the plan’s application for 17 special financial assistance under this section, and 18 taking into account the reinstatement of benefits re- 19 quired under subsection (k). 20 ‘‘(2) PROJECTIONS.—The funding projections 21 for purposes of this section shall be performed on a 22 deterministic basis. 23 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00562 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 563 •HR 1319 RH ‘‘(k) REINSTATEMENT OF BENEFIT SUSPENSIONS.— 1 An eligible multiemployer plan that receives special finan- 2 cial assistance under this section shall— 3 ‘‘(1) reinstate any benefits that were suspended 4 under section 305(e)(9) or section 4245(a), effective 5 as of the first month in which the effective date for 6 the special financial assistance occurs, for partici- 7 pants and beneficiaries as of such month; and 8 ‘‘(2) provide payments equal to the amount of 9 benefits previously suspended under section 10 305(e)(9) or 4245(a) to any participants or bene- 11 ficiaries in pay status as of the effective date of the 12 special financial assistance, payable, as determined 13 by the eligible multiemployer plan— 14 ‘‘(A) as a lump sum within 3 months of 15 such effective date; or 16 ‘‘(B) in equal monthly installments over a 17 period of 5 years, commencing within 3 months 18 of such effective date, with no adjustment for 19 interest. 20 ‘‘(l) WITHDRAWAL LIABILITY.—An employer’s with- 21 drawal liability for purposes of this title shall be calculated 22 without taking into account special financial assistance re- 23 ceived under this section until the plan year beginning 15 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00563 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 564 •HR 1319 RH calendar years after the effective date of the special finan- 1 cial assistance. 2 ‘‘(m) REQUIRED DISCLOSURE.—An eligible plan that 3 receives special financial assistance under this section 4 shall provide each employer that has an obligation to con- 5 tribute to such plan, and each labor organization rep- 6 resenting participants employed by such employer, with an 7 estimate of the employer’s share of the plan’s unfunded 8 vested benefits as of the end of each plan year ending after 9 the date of enactment of this section, as determined after 10 taking into account any special financial assistance re- 11 ceived under this section. Such disclosure shall include a 12 statement that, due to the special financial assistance pro- 13 vided under this section, the plan will have sufficient re- 14 sources to pay 100 percent of the plan’s benefit obligations 15 until the last day of the plan year ending in 2051. 16 ‘‘(n) RESTRICTIONS ON THE USE OF SPECIAL FI- 17 NANCIAL ASSISTANCE.—Special financial assistance re- 18 ceived under this section may be used by an eligible multi- 19 employer plan to make benefit payments and pay plan ex- 20 penses. Special financial assistance and any earnings on 21 such assistance shall be segregated from other plan assets. 22 Special financial assistance shall be invested by plans in 23 investment-grade bonds or other investments as permitted 24 by the corporation. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00564 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 565 •HR 1319 RH ‘‘(o) CONDITIONS ON PLANS RECEIVING SPECIAL FI- 1 NANCIAL ASSISTANCE.— 2 ‘‘(1) IN GENERAL.—The corporation may im- 3 pose, by regulation, reasonable conditions on an eli- 4 gible multiemployer plan that receives special finan- 5 cial assistance relating to increases in future accrual 6 rates and any retroactive benefit improvements, allo- 7 cation of plan assets, reductions in employer con- 8 tribution rates, diversion of contributions to, and al- 9 location of expenses to, other benefit plans, and 10 withdrawal liability. 11 ‘‘(2) LIMITATION.—The corporation shall not 12 impose conditions on an eligible multiemployer plan 13 as a condition of, or following receipt of, special fi- 14 nancial assistance under this section relating to— 15 ‘‘(A) any prospective reduction in plan 16 benefits (including benefits that may be ad- 17 justed pursuant to section 305(e)(8)); 18 ‘‘(B) plan governance, including selection 19 of, removal of, and terms of contracts with, 20 trustees, actuaries, investment managers, and 21 other service providers; or 22 ‘‘(C) any funding rules relating to the plan 23 receiving special financial assistance under this 24 section. 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00565 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 566 •HR 1319 RH ‘‘(3) PAYMENT OF PREMIUMS.—An eligible 1 multiemployer plan receiving special financial assist- 2 ance under this section shall continue to pay all pre- 3 miums due under section 4007 for participants and 4 beneficiaries in the plan. 5 ‘‘(4) ASSISTANCE NOT CONSIDERED FOR CER- 6 TAIN PURPOSES.—An eligible multiemployer plan 7 that receives special financial assistance shall be 8 deemed to be in critical status within the meaning 9 of section 305(b)(2) until the last plan year ending 10 in 2051. 11 ‘‘(5) INSOLVENT PLANS.—An eligible multiem- 12 ployer plan receiving special financial assistance 13 under this section that subsequently becomes insol- 14 vent will be subject to the current rules and guar- 15 antee for insolvent plans. 16 ‘‘(6) INELIGIBILITY FOR OTHER ASSISTANCE.— 17 An eligible multiemployer plan that receives special 18 financial assistance under this section is not eligible 19 to apply for a new suspension of benefits under sec- 20 tion 305(e)(9)(G).’’. 21 (c) PREMIUM RATE INCREASE.—Section 4006(a)(3) 22 of the Employee Retirement Income Security Act of 1974 23 (29 U.S.C. 1306(a)(3)) is amended— 24 (1) in subparagraph (A)— 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00566 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 567 •HR 1319 RH (A) in clause (vi)— 1 (i) by inserting ‘‘, and before January 2 1, 2031’’ after ‘‘December 31, 2014,’’; and 3 (ii) by striking ‘‘or’’ at the end; 4 (B) in clause (vii)— 5 (i) by moving the margin 2 ems to the 6 left; and 7 (ii) in subclause (II), by striking the 8 period and inserting ‘‘, or’’; and 9 (C) by adding at the end the following: 10 ‘‘(viii) in the case of a multiemployer plan, for 11 plan years beginning after December 31, 2030, $52 12 for each individual who is a participant in such plan 13 during the applicable plan year.’’; and 14 (2) by adding at the end the following: 15 ‘‘(N) For each plan year beginning in a calendar year 16 after 2031, there shall be substituted for the dollar 17 amount specified in clause (viii) of subparagraph (A) an 18 amount equal to the greater of— 19 ‘‘(i) the product derived by multiplying such 20 dollar amount by the ratio of— 21 ‘‘(I) the national average wage index (as 22 defined in section 209(k)(1) of the Social Secu- 23 rity Act) for the first of the 2 calendar years 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00567 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 568 •HR 1319 RH preceding the calendar year in which such plan 1 year begins, to 2 ‘‘(II) the national average wage index (as 3 so defined) for 2029; and 4 ‘‘(ii) such dollar amount for plan years begin- 5 ning in the preceding calendar year. 6 If the amount determined under this subparagraph 7 is not a multiple of $1, such product shall be round- 8 ed to the nearest multiple of $1.’’. 9 SEC. 9705. EXTENDED AMORTIZATION FOR SINGLE EM- 10 PLOYER PLANS. 11 (a) 15-YEAR AMORTIZATION UNDER THE INTERNAL 12 REVENUE CODE OF 1986.—Section 430(c) of the Internal 13 Revenue Code of 1986 is amended by adding at the end 14 the following new paragraph: 15 ‘‘(8) 15-YEAR AMORTIZATION.—With respect to 16 plan years beginning after December 31, 2019 (or, 17 at the election of the plan sponsor, after December 18 31, 2018)— 19 ‘‘(A) the shortfall amortization bases for 20 all plan years preceding the first plan year be- 21 ginning after December 31, 2019 (or after De- 22 cember 31, 2018, whichever is elected), and all 23 shortfall amortization installments determined 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00568 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 569 •HR 1319 RH with respect to such bases, shall be reduced to 1 zero, and 2 ‘‘(B) subparagraphs (A) and (B) of para- 3 graph (2) shall each be applied by substituting 4 ‘15-plan-year period’ for ‘7-plan-year period’.’’. 5 (b) 15-YEAR AMORTIZATION UNDER THE EMPLOYEE 6 RETIREMENT INCOME SECURITY ACT OF 1974.—Section 7 303(c) of the Employee Retirement Income Security Act 8 of 1974 (29 U.S.C. 1083(c)) is amended by adding at the 9 end the following new paragraph: 10 ‘‘(8) 15-YEAR AMORTIZATION.—With respect to 11 plan years beginning after December 31, 2019 (or, 12 at the election of the plan sponsor, after December 13 31, 2018)— 14 ‘‘(A) the shortfall amortization bases for 15 all plan years preceding the first plan year be- 16 ginning after December 31, 2019 (or after De- 17 cember 31, 2018, whichever is elected), and all 18 shortfall amortization installments determined 19 with respect to such bases, shall be reduced to 20 zero, and 21 ‘‘(B) subparagraphs (A) and (B) of para- 22 graph (2) shall each be applied by substituting 23 ‘15-plan-year period’ for ‘7-plan-year period’.’’. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00569 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 570 •HR 1319 RH (c) EFFECTIVE DATE.—The amendments made by 1 this section shall apply to plan years beginning after De- 2 cember 31, 2018. 3 SEC. 9706. EXTENSION OF PENSION FUNDING STABILIZA- 4 TION PERCENTAGES FOR SINGLE EMPLOYER 5 PLANS. 6 (a) AMENDMENT TO INTERNAL REVENUE CODE OF 7 1986.— 8 (1) IN GENERAL.—The table contained in sub- 9 clause (II) of section 430(h)(2)(C)(iv) of the Inter- 10 nal Revenue Code of 1986 is amended to read as fol- 11 lows: 12 ‘‘If the calendar year is: The applica- ble min- imum per- centage is: The applica- ble max- imum per- centage is: Any year in the period starting in 2012 and end- ing in 2019 ......................................................... 90% 110% Any year in the period starting in 2020 and end- ing in 2025 ......................................................... 95% 105% 2026 ........................................................................ 90% 110% 2027 ........................................................................ 85% 115% 2028 ........................................................................ 80% 120% 2029 ........................................................................ 75% 125% After 2029 .............................................................. 70% 130%.’’. (2) FLOOR ON 25-YEAR AVERAGES.—Subclause 13 (I) of section 430(h)(2)(C)(iv) of such Code is 14 amended by adding at the end the following: ‘‘Not- 15 withstanding anything in this subclause, if the aver- 16 age of the first, second, or third segment rate for 17 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00570 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 571 •HR 1319 RH any 25-year period is less than 5 percent, such aver- 1 age shall be deemed to be 5 percent.’’. 2 (b) AMENDMENTS TO EMPLOYEE RETIREMENT IN- 3 COME SECURITY ACT OF 1974.— 4 (1) IN GENERAL.—The table contained in sub- 5 clause (II) of section 303(h)(2)(C)(iv) of the Em- 6 ployee Retirement Income Security Act of 1974 (29 7 U.S.C. 1083(h)(2)(C)(iv)(II)) is amended to read as 8 follows: 9 ‘‘If the calendar year is: The applica- ble min- imum per- centage is: The applica- ble max- imum per- centage is: Any year in the period starting in 2012 and end- ing in 2019 ......................................................... 90% 110% Any year in the period starting in 2020 and end- ing in 2025 ......................................................... 95% 105% 2026 ........................................................................ 90% 110% 2027 ........................................................................ 85% 115% 2028 ........................................................................ 80% 120% 2029 ........................................................................ 75% 125% After 2029 .............................................................. 70% 130%.’’. (2) FLOOR ON 25-YEAR AVERAGES.—Subclause 10 (I) of section 303(h)(2)(C)(iv) of such Act (29 11 U.S.C. 1083(h)(2)(C)(iv)(I)) is amended by adding 12 at the end the following: ‘‘Notwithstanding anything 13 in this subclause, if the average of the first, second, 14 or third segment rate for any 25-year period is less 15 than 5 percent, such average shall be deemed to be 16 5 percent.’’. 17 (3) CONFORMING AMENDMENTS.— 18 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00571 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 572 •HR 1319 RH (A) IN GENERAL.—Section 101(f)(2)(D) of 1 such Act (29 U.S.C. 1021(f)(2)(D)) is amend- 2 ed— 3 (i) in clause (i) by striking ‘‘and the 4 Bipartisan Budget Act of 2015’’ both 5 places it appears and inserting ‘‘, the Bi- 6 partisan Budget Act of 2015, and the 7 Butch Lewis Emergency Pension Plan Re- 8 lief Act of 2021’’, and 9 (ii) in clause (ii) by striking ‘‘2023’’ 10 and inserting ‘‘2029’’. 11 (B) STATEMENTS.—The Secretary of 12 Labor shall modify the statements required 13 under subclauses (I) and (II) of section 14 101(f)(2)(D)(i) of such Act to conform to the 15 amendments made by this section. 16 (c) EFFECTIVE DATE.—The amendments made by 17 this section shall apply with respect to plan years begin- 18 ning after December 31, 2019. 19 SEC. 9707. MODIFICATION OF SPECIAL RULES FOR MIN- 20 IMUM FUNDING STANDARDS FOR COMMU- 21 NITY NEWSPAPER PLANS. 22 (a) AMENDMENT TO INTERNAL REVENUE CODE OF 23 1986.—Subsection (m) of section 430 of the Internal Rev- 24 enue Code of 1986 is amended to read as follows: 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00572 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 573 •HR 1319 RH ‘‘(m) SPECIAL RULES FOR COMMUNITY NEWSPAPER 1 PLANS.— 2 ‘‘(1) IN GENERAL.—An eligible newspaper plan 3 sponsor of a plan under which no participant has 4 had the participant’s accrued benefit increased 5 (whether because of service or compensation) after 6 April 2, 2019, may elect to have the alternative 7 standards described in paragraph (4) apply to such 8 plan. 9 ‘‘(2) ELIGIBLE NEWSPAPER PLAN SPONSOR.— 10 The term ‘eligible newspaper plan sponsor’ means 11 the plan sponsor of— 12 ‘‘(A) any community newspaper plan, or 13 ‘‘(B) any other plan sponsored, as of April 14 2, 2019, by a member of the same controlled 15 group of a plan sponsor of a community news- 16 paper plan if such member is in the trade or 17 business of publishing 1 or more newspapers. 18 ‘‘(3) ELECTION.—An election under paragraph 19 (1) shall be made at such time and in such manner 20 as prescribed by the Secretary. Such election, once 21 made with respect to a plan year, shall apply to all 22 subsequent plan years unless revoked with the con- 23 sent of the Secretary. 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00573 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 574 •HR 1319 RH ‘‘(4) ALTERNATIVE MINIMUM FUNDING STAND- 1 ARDS.—The alternative standards described in this 2 paragraph are the following: 3 ‘‘(A) INTEREST RATES.— 4 ‘‘(i) IN GENERAL.—Notwithstanding 5 subsection (h)(2)(C) and except as pro- 6 vided in clause (ii), the first, second, and 7 third segment rates in effect for any 8 month for purposes of this section shall be 9 8 percent. 10 ‘‘(ii) NEW BENEFIT ACCRUALS.—Not- 11 withstanding subsection (h)(2), for pur- 12 poses of determining the funding target 13 and normal cost of a plan for any plan 14 year, the present value of any benefits ac- 15 crued or earned under the plan for a plan 16 year with respect to which an election 17 under paragraph (1) is in effect shall be 18 determined on the basis of the United 19 States Treasury obligation yield curve for 20 the day that is the valuation date of such 21 plan for such plan year. 22 ‘‘(iii) UNITED STATES TREASURY OB- 23 LIGATION YIELD CURVE.—For purposes of 24 this subsection, the term ‘United States 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00574 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 575 •HR 1319 RH Treasury obligation yield curve’ means, 1 with respect to any day, a yield curve 2 which shall be prescribed by the Secretary 3 for such day on interest-bearing obligations 4 of the United States. 5 ‘‘(B) SHORTFALL AMORTIZATION BASE.— 6 ‘‘(i) PREVIOUS SHORTFALL AMORTIZA- 7 TION BASES.—The shortfall amortization 8 bases determined under subsection (c)(3) 9 for all plan years preceding the first plan 10 year to which the election under paragraph 11 (1) applies (and all shortfall amortization 12 installments determined with respect to 13 such bases) shall be reduced to zero under 14 rules similar to the rules of subsection 15 (c)(6). 16 ‘‘(ii) NEW SHORTFALL AMORTIZATION 17 BASE.—Notwithstanding subsection (c)(3), 18 the shortfall amortization base for the first 19 plan year to which the election under para- 20 graph (1) applies shall be the funding 21 shortfall of such plan for such plan year 22 (determined using the interest rates as 23 modified under subparagraph (A)). 24 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00575 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 576 •HR 1319 RH ‘‘(C) DETERMINATION OF SHORTFALL AM- 1 ORTIZATION INSTALLMENTS.— 2 ‘‘(i) 30-YEAR PERIOD.—Subpara- 3 graphs (A) and (B) of subsection (c)(2) 4 shall be applied by substituting ‘30-plan- 5 year’ for ‘7-plan-year’ each place it ap- 6 pears. 7 ‘‘(ii) NO SPECIAL ELECTION.—The 8 election under subparagraph (D) of sub- 9 section (c)(2) shall not apply to any plan 10 year to which the election under paragraph 11 (1) applies. 12 ‘‘(D) EXEMPTION FROM AT-RISK TREAT- 13 MENT.—Subsection (i) shall not apply. 14 ‘‘(5) COMMUNITY NEWSPAPER PLAN.—For pur- 15 poses of this subsection— 16 ‘‘(A) IN GENERAL.—The term ‘community 17 newspaper plan’ means any plan to which this 18 section applies maintained as of December 31, 19 2018, by an employer which— 20 ‘‘(i) maintains the plan on behalf of 21 participants and beneficiaries with respect 22 to employment in the trade or business of 23 publishing 1 or more newspapers which 24 were published by the employer at any 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00576 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 577 •HR 1319 RH time during the 11-year period ending on 1 the date of the enactment of this sub- 2 section, 3 ‘‘(ii)(I) is not a company the stock of 4 which is publicly traded (on a stock ex- 5 change or in an over-the-counter market), 6 and is not controlled, directly or indirectly, 7 by such a company, or 8 ‘‘(II) is controlled, directly or indi- 9 rectly, during the entire 30-year period 10 ending on the date of the enactment of this 11 subsection by individuals who are members 12 of the same family, and does not publish or 13 distribute a daily newspaper that is car- 14 rier-distributed in printed form in more 15 than 5 States, and 16 ‘‘(iii) is controlled, directly or indi- 17 rectly— 18 ‘‘(I) by 1 or more persons resid- 19 ing primarily in a State in which the 20 community newspaper has been pub- 21 lished on newsprint or carrier-distrib- 22 uted, 23 ‘‘(II) during the entire 30-year 24 period ending on the date of the en- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00577 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 578 •HR 1319 RH actment of this subsection by individ- 1 uals who are members of the same 2 family, 3 ‘‘(III) by 1 or more trusts, the 4 sole trustees of which are persons de- 5 scribed in subclause (I) or (II), or 6 ‘‘(IV) by a combination of per- 7 sons described in subclause (I), (II), 8 or (III). 9 ‘‘(B) NEWSPAPER.—The term ‘newspaper’ 10 does not include any newspaper (determined 11 without regard to this subparagraph) to which 12 any of the following apply: 13 ‘‘(i) Is not in general circulation. 14 ‘‘(ii) Is published (on newsprint or 15 electronically) less frequently than 3 times 16 per week. 17 ‘‘(iii) Has not ever been regularly 18 published on newsprint. 19 ‘‘(iv) Does not have a bona fide list of 20 paid subscribers. 21 ‘‘(C) CONTROL.—A person shall be treated 22 as controlled by another person if such other 23 person possesses, directly or indirectly, the 24 power to direct or cause the direction and man- 25 VerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00578 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319 pamtmann on DSKBC07HB2PROD with BILLS 579 •HR 1319 RH agement of such person (including the power to 1 elect a majority of the members of the board of 2 directors of such person) through the ownership 3 of voting securities. 4 ‘‘(6) CONTROLLED

H. R. 1319 One Hundred Seventeenth Congress of the United States of America AT THE FIRST SESSION Begun and held at the City of Washington on Sunday, the third day of January, two thousand and twenty-one An Act To provide for reconciliation pursuant to title II of S. Con. Res. 5. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘American Rescue Plan Act of 2021’’. SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I—COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY Subtitle A—Agriculture Sec. 1001. Food supply chain and agriculture pandemic response. Sec. 1002. Emergency rural development grants for rural health care. Sec. 1003. Pandemic program administration funds. Sec. 1004. Funding for the USDA Office of Inspector General for oversight of COVID–19-related programs. Sec. 1005. Farm loan assistance for socially disadvantaged farmers and ranchers. Sec. 1006. USDA assistance and support for socially disadvantaged farmers, ranch- ers, forest land owners and operators, and groups. Sec. 1007. Use of the Commodity Credit Corporation for commodities and associ- ated expenses. Subtitle B—Nutrition Sec. 1101. Supplemental nutrition assistance program. Sec. 1102. Additional assistance for SNAP online purchasing and technology im- provements. Sec. 1103. Additional funding for nutrition assistance programs. Sec. 1104. Commodity supplemental food program. Sec. 1105. Improvements to WIC benefits. Sec. 1106. WIC program modernization. Sec. 1107. Meals and supplements reimbursements for individuals who have not at- tained the age of 25. Sec. 1108. Pandemic EBT program. TITLE II—COMMITTEE ON HEALTH, EDUCATION, LABOR, AND PENSIONS Subtitle A—Education Matters PART 1—DEPARTMENT OF EDUCATION Sec. 2001. Elementary and Secondary School Emergency Relief Fund. Sec. 2002. Emergency assistance to non-public schools. Sec. 2003. Higher Education Emergency Relief Fund. Sec. 2004. Maintenance of effort and maintenance of equity. Sec. 2005. Outlying areas. Sec. 2006. Gallaudet University. Sec. 2007. Student aid administration. Sec. 2008. Howard University. H. R. 1319—2 Sec. 2009. National Technical Institute for the Deaf. Sec. 2010. Institute of Education Sciences. Sec. 2011. Program administration. Sec. 2012. Office of Inspector General. Sec. 2013. Modification of revenue requirements for proprietary institutions of higher education. Sec. 2014. Funding for the Individuals with Disabilities Education Act. PART 2—MISCELLANEOUS Sec. 2021. National Endowment for the Arts. Sec. 2022. National Endowment for the Humanities. Sec. 2023. Institute of Museum and Library Services. Subtitle B—Labor Matters Sec. 2101. Funding for Department of Labor worker protection activities. Subtitle C—Human Services and Community Supports Sec. 2201. Child Care and Development Block Grant Program. Sec. 2202. Child Care Stabilization. Sec. 2203. Head Start. Sec. 2204. Programs for survivors. Sec. 2205. Child abuse prevention and treatment. Sec. 2206. Corporation for National and Community Service and the National Serv- ice Trust. Subtitle D—Public Health Sec. 2301. Funding for COVID–19 vaccine activities at the Centers for Disease Control and Prevention. Sec. 2302. Funding for vaccine confidence activities. Sec. 2303. Funding for supply chain for COVID–19 vaccines, therapeutics, and medical supplies. Sec. 2304. Funding for COVID–19 vaccine, therapeutic, and device activities at the Food and Drug Administration. Sec. 2305. Reduced cost-sharing. Subtitle E—Testing Sec. 2401. Funding for COVID–19 testing, contact tracing, and mitigation activi- ties. Sec. 2402. Funding for SARS–CoV–2 genomic sequencing and surveillance. Sec. 2403. Funding for global health. Sec. 2404. Funding for data modernization and forecasting center. Subtitle F—Public Health Workforce Sec. 2501. Funding for public health workforce. Sec. 2502. Funding for Medical Reserve Corps. Subtitle G—Public Health Investments Sec. 2601. Funding for community health centers and community care. Sec. 2602. Funding for National Health Service Corps. Sec. 2603. Funding for Nurse Corps. Sec. 2604. Funding for teaching health centers that operate graduate medical edu- cation. Sec. 2605. Funding for family planning. Subtitle H—Mental Health and Substance Use Disorder Sec. 2701. Funding for block grants for community mental health services. Sec. 2702. Funding for block grants for prevention and treatment of substance abuse. Sec. 2703. Funding for mental health and substance use disorder training for health care professionals, paraprofessionals, and public safety officers. Sec. 2704. Funding for education and awareness campaign encouraging healthy work conditions and use of mental health and substance use disorder services by health care professionals. Sec. 2705. Funding for grants for health care providers to promote mental health among their health professional workforce. Sec. 2706. Funding for community-based funding for local substance use disorder services. Sec. 2707. Funding for community-based funding for local behavioral health needs. Sec. 2708. Funding for the National Child Traumatic Stress Network. Sec. 2709. Funding for Project AWARE. H. R. 1319—3 Sec. 2710. Funding for youth suicide prevention. Sec. 2711. Funding for behavioral health workforce education and training. Sec. 2712. Funding for pediatric mental health care access. Sec. 2713. Funding for expansion grants for certified community behavioral health clinics. Subtitle I—Exchange Grant Program Sec. 2801. Establishing a grant program for Exchange modernization. Subtitle J—Continued Assistance to Rail Workers Sec. 2901. Additional enhanced benefits under the Railroad Unemployment Insur- ance Act. Sec. 2902. Extended unemployment benefits under the Railroad Unemployment In- surance Act. Sec. 2903. Extension of waiver of the 7-day waiting period for benefits under the Railroad Unemployment Insurance Act. Sec. 2904. Railroad Retirement Board and Office of the Inspector General funding. Subtitle K—Ratepayer Protection Sec. 2911. Funding for LIHEAP. Sec. 2912. Funding for water assistance program. Subtitle L—Assistance for Older Americans, Grandfamilies, and Kinship Families Sec. 2921. Supporting older americans and their families. Sec. 2922. National Technical Assistance Center on Grandfamilies and Kinship Families. TITLE III—COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS Subtitle A—Defense Production Act of 1950 Sec. 3101. COVID–19 emergency medical supplies enhancement. Subtitle B—Housing Provisions Sec. 3201. Emergency rental assistance. Sec. 3202. Emergency housing vouchers. Sec. 3203. Emergency assistance for rural housing. Sec. 3204. Housing counseling. Sec. 3205. Homelessness assistance and supportive services program. Sec. 3206. Homeowner Assistance Fund. Sec. 3207. Relief measures for section 502 and 504 direct loan borrowers. Sec. 3208. Fair housing activities. Subtitle C—Small Business (SSBCI) Sec. 3301. State Small Business Credit Initiative. Subtitle D—Public Transportation Sec. 3401. Federal Transit Administration grants. TITLE IV—COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS Sec. 4001. Emergency Federal Employee Leave Fund. Sec. 4002. Funding for the Government Accountability Office. Sec. 4003. Pandemic Response Accountability Committee funding availability. Sec. 4004. Funding for the White House. Sec. 4005. Federal Emergency Management Agency appropriation. Sec. 4006. Funeral assistance. Sec. 4007. Emergency food and shelter program funding. Sec. 4008. Humanitarian relief. Sec. 4009. Cybersecurity and Infrastructure Security Agency. Sec. 4010. Appropriation for the United States Digital Service. Sec. 4011. Appropriation for the Technology Modernization Fund. Sec. 4012. Appropriation for the Federal Citizen Services Fund. Sec. 4013. AFG and SAFER program funding. Sec. 4014. Emergency management performance grant funding. Sec. 4015. Extension of reimbursement authority for Federal contractors. Sec. 4016. Eligibility for workers’ compensation benefits for Federal employees di- agnosed with COVID–19. TITLE V—COMMITTEE ON SMALL BUSINESS AND ENTREPRENEURSHIP Sec. 5001. Modifications to paycheck protection program. H. R. 1319—4 Sec. 5002. Targeted EIDL advance. Sec. 5003. Support for restaurants. Sec. 5004. Community navigator pilot program. Sec. 5005. Shuttered venue operators. Sec. 5006. Direct appropriations. TITLE VI—COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS Sec. 6001. Economic adjustment assistance. Sec. 6002. Funding for pollution and disparate impacts of the COVID–19 pandemic. Sec. 6003. United States Fish and Wildlife Service. TITLE VII—COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION Subtitle A—Transportation and Infrastructure Sec. 7101. Grants to the National Railroad Passenger Corporation. Sec. 7102. Relief for airports. Sec. 7103. Emergency FAA Employee Leave Fund. Sec. 7104. Emergency TSA Employee Leave Fund. Subtitle B—Aviation Manufacturing Jobs Protection Sec. 7201. Definitions. Sec. 7202. Payroll support program. Subtitle C—Airlines Sec. 7301. Air Transportation Payroll Support Program Extension. Subtitle D—Consumer Protection and Commerce Oversight Sec. 7401. Funding for consumer product safety fund to protect consumers from po- tentially dangerous products related to COVID–19. Sec. 7402. Funding for E-Rate support for emergency educational connections and devices. Sec. 7403. Funding for Department of Commerce Inspector General. Sec. 7404. Federal Trade Commission funding for COVID–19 related work. Subtitle E—Science and Technology Sec. 7501. National Institute of Standards and Technology. Sec. 7502. National Science Foundation. Subtitle F—Corporation for Public Broadcasting Sec. 7601. Support for the Corporation for Public Broadcasting. TITLE VIII—COMMITTEE ON VETERANS’ AFFAIRS Sec. 8001. Funding for claims and appeals processing. Sec. 8002. Funding availability for medical care and health needs. Sec. 8003. Funding for supply chain modernization. Sec. 8004. Funding for State homes. Sec. 8005. Funding for the Department of Veterans Affairs Office of Inspector Gen- eral. Sec. 8006. Covid–19 veteran rapid retraining assistance program. Sec. 8007. Prohibition on copayments and cost sharing for veterans during emer- gency relating to COVID–19. Sec. 8008. Emergency Department of Veterans Affairs Employee Leave Fund. TITLE IX—COMMITTEE ON FINANCE Subtitle A—Crisis Support for Unemployed Workers PART 1—EXTENSION OF CARES ACT UNEMPLOYMENT PROVISIONS Sec. 9011. Extension of Pandemic Unemployment Assistance. Sec. 9012. Extension of emergency unemployment relief for governmental entities and nonprofit organizations. Sec. 9013. Extension of Federal Pandemic Unemployment Compensation. Sec. 9014. Extension of full Federal funding of the first week of compensable reg- ular unemployment for States with no waiting week. Sec. 9015. Extension of emergency State staffing flexibility. Sec. 9016. Extension of pandemic emergency unemployment compensation. Sec. 9017. Extension of temporary financing of short-time compensation payments in States with programs in law. Sec. 9018. Extension of temporary financing of short-time compensation agree- ments for States without programs in law. H. R. 1319—5 PART 2—EXTENSION OF FFCRA UNEMPLOYMENT PROVISIONS Sec. 9021. Extension of temporary assistance for States with advances. Sec. 9022. Extension of full Federal funding of extended unemployment compensa- tion. PART 3—DEPARTMENT OF LABOR FUNDING FOR TIMELY, ACCURATE, AND EQUITABLE PAYMENT Sec. 9031. Funding for administration. Sec. 9032. Funding for fraud prevention, equitable access, and timely payment to eligible workers. PART 4—OTHER PROVISIONS Sec. 9041. Extension of limitation on excess business losses of noncorporate tax- payers. Sec. 9042. Suspension of tax on portion of unemployment compensation. Subtitle B—Emergency Assistance to Families Through Home Visiting Programs Sec. 9101. Emergency assistance to families through home visiting programs. Subtitle C—Emergency Assistance to Children and Families Sec. 9201. Pandemic Emergency Assistance. Subtitle D—Elder Justice and Support Guarantee Sec. 9301. Additional funding for aging and disability services programs. Subtitle E—Support to Skilled Nursing Facilities in Response to COVID–19 Sec. 9401. Providing for infection control support to skilled nursing facilities through contracts with quality improvement organizations. Sec. 9402. Funding for strike teams for resident and employee safety in skilled nursing facilities. Subtitle F—Preserving Health Benefits for Workers Sec. 9501. Preserving health benefits for workers. Subtitle G—Promoting Economic Security PART 1—2021 RECOVERY REBATES TO INDIVIDUALS Sec. 9601. 2021 recovery rebates to individuals. PART 2—CHILD TAX CREDIT Sec. 9611. Child tax credit improvements for 2021. Sec. 9612. Application of child tax credit in possessions. PART 3—EARNED INCOME TAX CREDIT Sec. 9621. Strengthening the earned income tax credit for individuals with no qualifying children. Sec. 9622. Taxpayer eligible for childless earned income credit in case of qualifying children who fail to meet certain identification requirements. Sec. 9623. Credit allowed in case of certain separated spouses. Sec. 9624. Modification of disqualified investment income test. Sec. 9625. Application of earned income tax credit in possessions of the United States. Sec. 9626. Temporary special rule for determining earned income for purposes of earned income tax credit. PART 4—DEPENDENT CARE ASSISTANCE Sec. 9631. Refundability and enhancement of child and dependent care tax credit. Sec. 9632. Increase in exclusion for employer-provided dependent care assistance. PART 5—CREDITS FOR PAID SICK AND FAMILY LEAVE Sec. 9641. Payroll credits. Sec. 9642. Credit for sick leave for certain self-employed individuals. Sec. 9643. Credit for family leave for certain self-employed individuals. PART 6—EMPLOYEE RETENTION CREDIT Sec. 9651. Extension of employee retention credit. PART 7—PREMIUM TAX CREDIT Sec. 9661. Improving affordability by expanding premium assistance for consumers. H. R. 1319—6 Sec. 9662. Temporary modification of limitations on reconciliation of tax credits for coverage under a qualified health plan with advance payments of such credit. Sec. 9663. Application of premium tax credit in case of individuals receiving unem- ployment compensation during 2021. PART 8—MISCELLANEOUS PROVISIONS Sec. 9671. Repeal of election to allocate interest, etc. on worldwide basis. Sec. 9672. Tax treatment of targeted EIDL advances. Sec. 9673. Tax treatment of restaurant revitalization grants. Sec. 9674. Modification of exceptions for reporting of third party network trans- actions. Sec. 9675. Modification of treatment of student loan forgiveness. Subtitle H—Pensions Sec. 9701. Temporary delay of designation of multiemployer plans as in endan- gered, critical, or critical and declining status. Sec. 9702. Temporary extension of the funding improvement and rehabilitation pe- riods for multiemployer pension plans in critical and endangered status for 2020 or 2021. Sec. 9703. Adjustments to funding standard account rules. Sec. 9704. Special financial assistance program for financially troubled multiem- ployer plans. Sec. 9705. Extended amortization for single employer plans. Sec. 9706. Extension of pension funding stabilization percentages for single em- ployer plans. Sec. 9707. Modification of special rules for minimum funding standards for commu- nity newspaper plans. Sec. 9708. Expansion of limitation on excessive employee remuneration. Subtitle I—Child Care for Workers Sec. 9801. Child care assistance. Subtitle J—Medicaid Sec. 9811. Mandatory coverage of COVID–19 vaccines and administration and treatment under Medicaid. Sec. 9812. Modifications to certain coverage under Medicaid for pregnant and postpartum women. Sec. 9813. State option to provide qualifying community-based mobile crisis inter- vention services. Sec. 9814. Temporary increase in FMAP for medical assistance under State Med- icaid plans which begin to expend amounts for certain mandatory indi- viduals. Sec. 9815. Extension of 100 percent Federal medical assistance percentage to Urban Indian Health Organizations and Native Hawaiian Health Care Systems. Sec. 9816. Sunset of limit on maximum rebate amount for single source drugs and innovator multiple source drugs. Sec. 9817. Additional support for Medicaid home and community-based services during the COVID–19 emergency. Sec. 9818. Funding for State strike teams for resident and employee safety in nurs- ing facilities. Sec. 9819. Special rule for the period of a declared public health emergency related to coronavirus. Subtitle K—Children’s Health Insurance Program Sec. 9821. Mandatory coverage of COVID–19 vaccines and administration and treatment under CHIP. Sec. 9822. Modifications to certain coverage under CHIP for pregnant and postpartum women. Subtitle L—Medicare Sec. 9831. Floor on the Medicare area wage index for hospitals in all-urban States. Sec. 9832. Secretarial authority to temporarily waive or modify application of cer- tain Medicare requirements with respect to ambulance services fur- nished during certain emergency periods. Sec. 9833. Funding for Office of Inspector General. Subtitle M—Coronavirus State and Local Fiscal Recovery Funds Sec. 9901. Coronavirus State and Local Fiscal Recovery Funds. H. R. 1319—7 Subtitle N—Other Provisions Sec. 9911. Funding for providers relating to COVID–19. Sec. 9912. Extension of customs user fees. TITLE X—COMMITTEE ON FOREIGN RELATIONS 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 INDIAN AFFAIRS Sec. 11001. Indian Health Service. Sec. 11002. Bureau of Indian Affairs. Sec. 11003. Housing assistance and supportive services programs for Native Ameri- cans. Sec. 11004. COVID–19 response resources for the preservation and maintenance of Native American languages. Sec. 11005. Bureau of Indian Education. Sec. 11006. American Indian, Native Hawaiian, and Alaska Native education. TITLE I—COMMITTEE ON AGRI- CULTURE, NUTRITION, AND FOR- ESTRY Subtitle A—Agriculture SEC. 1001. FOOD SUPPLY CHAIN AND AGRICULTURE PANDEMIC RESPONSE. (a) APPROPRIATION.—In addition to amounts otherwise avail- able, there is appropriated to the Secretary of Agriculture for fiscal year 2021, out of any money in the Treasury not otherwise appro- priated, $4,000,000,000, to remain available until expended, to carry out this section. (b) USE OF FUNDS.—The Secretary of Agriculture shall use the amounts made available pursuant to subsection (a)— (1) to purchase food and agricultural commodities; (2) to purchase and distribute agricultural commodities (including fresh produce, dairy, seafood, eggs, and meat) to individuals in need, including through delivery to nonprofit organizations and through restaurants and other food related entities, as determined by the Secretary, that may receive, store, process, and distribute food items; (3) to make grants and loans for small or midsized food processors or distributors, seafood processing facilities and proc- essing vessels, farmers markets, producers, or other organiza- tions to respond to COVID–19, including for measures to protect workers against COVID–19; and (4) to make loans and grants and provide other assistance to maintain and improve food and agricultural supply chain resiliency. (c) ANIMAL HEALTH.— (1) COVID–19 ANIMAL SURVEILLANCE.—The Secretary of Agriculture shall conduct monitoring and surveillance of suscep- tible animals for incidence of SARS–CoV–2. (2) FUNDING.—Out of the amounts made available under subsection (a), the Secretary shall use $300,000,000 to carry out this subsection. H. R. 1319—8 (d) OVERTIME FEES.— (1) SMALL ESTABLISHMENT; VERY SMALL ESTABLISHMENT DEFINITIONS.—The terms ‘‘small establishment’’ and ‘‘very small establishment’’ have the meaning given those terms in the final rule entitled ‘‘Pathogen Reduction; Hazard Analysis and Critical Control Point (HACCP) Systems’’ published in the Fed- eral Register on July 25, 1996 (61 Fed. Reg. 38806). (2) OVERTIME INSPECTION COST REDUCTION.—Notwith- standing section 10703 of the Farm Security and Rural Invest- ment 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 Inspec- tion Act (21 U.S.C. 1053), and any regulations promulgated by the Department of Agriculture implementing such provisions of law and subject to the availability of funds under paragraph (3), the Secretary of Agriculture shall reduce the amount of overtime inspection costs borne by federally-inspected small establishments and very small establishments engaged in meat, poultry, or egg products processing and subject to the require- ments of the Federal Meat Inspection Act (21 U.S.C. 601 et seq.), the Poultry Products Inspection Act (21 U.S.C. 451 et seq.), or the Egg Products Inspection Act (21 U.S.C. 1031 et seq.), for inspection activities carried out during the period of fiscal years 2021 through 2030. (3) FUNDING.—Out of the amounts made available under subsection (a), the Secretary shall use $100,000,000 to carry out this subsection. SEC. 1002. EMERGENCY RURAL DEVELOPMENT GRANTS FOR RURAL HEALTH CARE. (a) GRANTS.—The Secretary of Agriculture (in this section referred to as the ‘‘Secretary’’) shall use the funds made available by this section to establish an emergency pilot program for rural development not later than 150 days after the date of enactment of this Act to provide grants to eligible applicants (as defined in section 3570.61(a) of title 7, Code of Federal Regulations) to be awarded by the Secretary based on rural development needs related to the COVID–19 pandemic. (b) USES.—An eligible applicant to whom a grant is awarded under this section may use the grant funds for costs, including those incurred prior to the issuance of the grant, as determined by the Secretary, of facilities which primarily serve rural areas (as defined in section 343(a)(13)(C) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a)(13)(C)), which are located in a rural area, the median household income of the population to be served by which is less than the greater of the poverty line or the applicable percentage (determined under section 3570.63(b) of title 7, Code of Federal Regulations) of the State nonmetropolitan median household income, and for which the performance of any construction work completed with grant funds shall meet the condition set forth in section 9003(f) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8103(f)), to— (1) increase capacity for vaccine distribution; (2) provide medical supplies to increase medical surge capacity; H. R. 1319—9 (3) reimburse for revenue lost during the COVID–19 pan- demic, including revenue losses incurred prior to the awarding of the grant; (4) increase telehealth capabilities, including underlying health care information systems; (5) construct temporary or permanent structures to provide health care services, including vaccine administration or testing; (6) support staffing needs for vaccine administration or testing; and (7) engage in any other efforts to support rural development determined to be critical to address the COVID–19 pandemic, including nutritional assistance to vulnerable individuals, as approved by the Secretary. (c) FUNDING.—In addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $500,000,000, to remain available until September 30, 2023, to carry out this section, of which not more than 3 percent may be used by the Secretary for administrative purposes and not more than 2 percent may be used by the Secretary for technical assistance as defined in section 306(a)(26) of the Consolidated Farm and Rural Develop- ment Act (7 U.S.C. 1926(a)(26)). SEC. 1003. PANDEMIC PROGRAM ADMINISTRATION FUNDS. In addition to amounts otherwise available, there are appro- priated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $47,500,000, to remain available until expended, for necessary administrative expenses associated with carrying out this subtitle. SEC. 1004. FUNDING FOR THE USDA OFFICE OF INSPECTOR GENERAL FOR OVERSIGHT OF COVID–19-RELATED PROGRAMS. In addition to amounts otherwise made available, there is appropriated to the Office of the Inspector General of the Depart- ment of Agriculture for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $2,500,000, to remain available until September 30, 2022, for audits, investigations, and other oversight activities of projects and activities carried out with funds made available to the Department of Agriculture related to the COVID–19 pandemic. SEC. 1005. FARM LOAN ASSISTANCE FOR SOCIALLY DISADVANTAGED FARMERS AND RANCHERS. (a) PAYMENTS.— (1) APPROPRIATION.—In addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2021, out of amounts in the Treasury not otherwise appro- priated, such sums as may be necessary, to remain available until expended, for the cost of loan modifications and payments under this section. (2) PAYMENTS.—The Secretary shall provide a payment in an amount up to 120 percent of the outstanding indebtedness of each socially disadvantaged farmer or rancher as of January 1, 2021, to pay off the loan directly or to the socially disadvan- taged farmer or rancher (or a combination of both), on each— (A) direct farm loan made by the Secretary to the socially disadvantaged farmer or rancher; and H. R. 1319—10 (B) farm loan guaranteed by the Secretary the borrower of which is the socially disadvantaged farmer or rancher. (b) DEFINITIONS.—In this section: (1) FARM LOAN.—The term ‘‘farm loan’’ means— (A) a loan administered by the Farm Service Agency under subtitle A, B, or C of the Consolidated Farm and Rural Development Act (7 U.S.C. 1922 et seq.); and (B) a Commodity Credit Corporation Farm Storage Facility Loan. (2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Agriculture. (3) SOCIALLY DISADVANTAGED FARMER OR RANCHER.—The term ‘‘socially disadvantaged farmer or rancher’’ has the meaning given the term in section 2501(a) of the Food, Agri- culture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a)). SEC. 1006. USDA ASSISTANCE AND SUPPORT FOR SOCIALLY DISADVAN- TAGED FARMERS, RANCHERS, FOREST LAND OWNERS AND OPERATORS, AND GROUPS. (a) APPROPRIATION.—In addition to amounts otherwise avail- able, there is appropriated to the Secretary of Agriculture for fiscal year 2021, out of any money in the Treasury not otherwise appro- priated, $1,010,000,000, to remain available until expended, to carry out this section. (b) ASSISTANCE.—The Secretary of Agriculture shall use the amounts made available pursuant to subsection (a) for purposes described in this subsection by— (1) using not less than 5 percent of the total amount of funding provided under subsection (a) to provide outreach, mediation, financial training, capacity building training, cooperative development training and support, and other tech- nical assistance on issues concerning food, agriculture, agricul- tural credit, agricultural extension, rural development, or nutri- tion to socially disadvantaged farmers, ranchers, or forest land- owners, or other members of socially disadvantaged groups; (2) using not less than 5 percent of the total amount of funding provided under subsection (a) to provide grants and loans to improve land access for socially disadvantaged farmers, ranchers, or forest landowners, including issues related to heirs’ property in a manner as determined by the Secretary; (3) using not less than 0.5 percent of the total amount of funding provided under subsection (a) to fund the activities of one or more equity commissions that will address racial equity issues within the Department of Agriculture and its programs; (4) using not less than 5 percent of the total amount of funding provided under subsection (a) to support and supple- ment agricultural research, education, and extension, as well as scholarships and programs that provide internships and pathways to Federal employment, by— (A) using not less than 1 percent of the total amount of funding provided under subsection (a) at colleges or universities eligible to receive funds under the Act of August 30, 1890 (commonly known as the ‘‘Second Morrill Act’’) (7 U.S.C. 321 et seq.), including Tuskegee University; H. R. 1319—11 (B) using not less than 1 percent of the total amount of funding provided under subsection (a) at 1994 Institu- tions (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103–382)); (C) using not less than 1 percent of the total amount of funding provided under subsection (a) at Alaska Native serving institutions and Native Hawaiian serving institu- tions eligible to receive grants under subsections (a) and (b), respectively, of section 1419B of the National Agricul- tural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3156); (D) using not less than 1 percent of the total amount of funding provided under subsection (a) at Hispanic- serving institutions eligible to receive grants under section 1455 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3241); and (E) using not less than 1 percent of the total amount of funding provided under subsection (a) at the insular area institutions of higher education located in the terri- tories of the United States, as referred to in section 1489 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3361); and (5) using not less than 5 percent of the total amount of funding provided under subsection (a) to provide financial assistance to socially disadvantaged farmers, ranchers, or forest landowners that are former farm loan borrowers that suffered related adverse actions or past discrimination or bias in Depart- ment of Agriculture programs, as determined by the Secretary. (c) DEFINITIONS.—In this section: (1) NONINDUSTRIAL PRIVATE FOREST LAND.—The term ‘‘non- industrial private forest land’’ has the meaning given the term in section 1201(a)(18) of the Food Security Act of 1985 (16 U.S.C. 3801(a)(18)). (2) SOCIALLY DISADVANTAGED FARMER, RANCHER, OR FOREST LANDOWNER.—The term ‘‘socially disadvantaged farmer, rancher, or forest landowner’’ means a farmer, rancher, or owner or operator of nonindustrial private forest land who is a member of a socially disadvantaged group. (3) SOCIALLY DISADVANTAGED GROUP.—The term ‘‘socially disadvantaged group’’ has the meaning given the term in section 2501(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a)). SEC. 1007. USE OF THE COMMODITY CREDIT CORPORATION FOR COMMODITIES AND ASSOCIATED EXPENSES. In addition to amounts otherwise made available, there are appropriated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $800,000,000, to remain available until September 30, 2022, 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. H. R. 1319—12 Subtitle B—Nutrition SEC. 1101. SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM. (a) VALUE OF BENEFITS.—Section 702(a) of division N of the Consolidated Appropriations Act, 2021 (Public Law 116–260) is amended by striking ‘‘June 30, 2021’’ and inserting ‘‘September 30, 2021’’. (b) SNAP ADMINISTRATIVE EXPENSES.—In addition to amounts otherwise available, there is hereby appropriated for fiscal year 2021, out of any amounts in the Treasury not otherwise appro- priated, $1,150,000,000, to remain available until September 30, 2023, with amounts to be obligated for each of fiscal years 2021, 2022, and 2023, for the costs of State administrative expenses associated with carrying out this section and administering the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), of which— (1) $15,000,000 shall be for necessary expenses of the Sec- retary of Agriculture (in this section referred to as the ‘‘Sec- retary’’) for management and oversight of the program; and (2) $1,135,000,000 shall be for the Secretary to make grants to each State agency for each of fiscal years 2021 through 2023 as follows: (A) 75 percent of the amounts available shall be allo- cated to States based on the share of each State of house- holds that participate in the supplemental nutrition assist- ance program as reported to the Department of Agriculture for the most recent 12-month period for which data are available, adjusted by the Secretary (as of the date of the enactment of this Act) for participation in disaster programs under section 5(h) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(h)); and (B) 25 percent of the amounts available shall be allo- cated to States based on the increase in the number of households that participate in the supplemental nutrition assistance program as reported to the Department of Agri- culture over the most recent 12-month period for which data are available, adjusted by the Secretary (as of the date of the enactment of this Act) for participation in disaster programs under section 5(h) of the Food and Nutri- tion Act of 2008 (7 U.S.C. 2014(h)). SEC. 1102. ADDITIONAL ASSISTANCE FOR SNAP ONLINE PURCHASING AND TECHNOLOGY IMPROVEMENTS. (a) FUNDING.—In addition to amounts otherwise made avail- able, there is appropriated for fiscal year 2021, out of any amounts in the Treasury not otherwise appropriated, $25,000,000 to remain available through September 30, 2026, to carry out this section. (b) USE OF FUNDS.—The Secretary of Agriculture may use the amounts made available pursuant to subsection (a)— (1) to make technological improvements to improve online purchasing in the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); (2) to modernize electronic benefit transfer technology; (3) to support the mobile technologies demonstration projects and the use of mobile technologies authorized under H. R. 1319—13 section 7(h)(14) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(h)(14)); and (4) to provide technical assistance to educate retailers on the process and technical requirements for the online accept- ance of the supplemental nutrition assistance program benefits, for mobile payments, and for electronic benefit transfer mod- ernization initiatives. SEC. 1103. ADDITIONAL FUNDING FOR NUTRITION ASSISTANCE PRO- GRAMS. Section 704 of division N of the Consolidated Appropriations Act, 2021 (Public Law 116–260) is amended— (1) by striking ‘‘In addition’’ and inserting the following: ‘‘(a) COVID–19 RESPONSE FUNDING.—In addition’’; and (2) by adding at the end the following— ‘‘(b) ADDITIONAL FUNDING.—In addition to any other funds made available, there is appropriated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $1,000,000,000 to remain available until September 30, 2027, for the Secretary of Agriculture to provide grants to the Commonwealth of Northern Mariana Islands, Puerto Rico, and American Samoa for nutrition assistance, of which $30,000,000 shall be available to provide grants to the Commonwealth of Northern Mariana Islands for such assistance.’’. SEC. 1104. COMMODITY SUPPLEMENTAL FOOD PROGRAM. In addition to amounts otherwise made available, there is appropriated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $37,000,000, to remain available until September 30, 2022, for activities authorized by section 4(a) of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note). SEC. 1105. IMPROVEMENTS TO WIC BENEFITS. (a) DEFINITIONS.—In this section: (1) APPLICABLE PERIOD.—The term ‘‘applicable period’’ means a period— (A) beginning after the date of enactment of this Act, as selected by a State agency; and (B) ending not later than the earlier of— (i) 4 months after the date described in subpara- graph (A); or (ii) September 30, 2021. (2) CASH-VALUE VOUCHER.—The term ‘‘cash-value voucher’’ has the meaning given the term in section 246.2 of title 7, Code of Federal Regulations (as in effect on the date of the enactment of this Act). (3) PROGRAM.—The term ‘‘program’’ means the special supplemental nutrition program for women, infants, and chil- dren established by section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786). (4) QUALIFIED FOOD PACKAGE.—The term ‘‘qualified food package’’ means each of the following food packages (as defined in section 246.10(e) of title 7, Code of Federal Regulations (as in effect on the date of the enactment of this Act)): (A) Food package III–Participants with qualifying conditions. (B) Food Package IV–Children 1 through 4 years. H. R. 1319—14 (C) Food Package V–Pregnant and partially (mostly) breastfeeding women. (D) Food Package VI–Postpartum women. (E) Food Package VII–Fully breastfeeding. (5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Agriculture. (6) STATE AGENCY.—The term ‘‘State agency’’ has the meaning given the term in section 17(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)). (b) AUTHORITY TO INCREASE AMOUNT OF CASH-VALUE VOUCHER.—During the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d) on January 31, 2020, with respect to the Coronavirus Disease 2019 (COVID–19), and in response to challenges relating to that public health emer- gency, the Secretary may, in carrying out the program, increase the amount of a cash-value voucher under a qualified food package to an amount that is less than or equal to $35. (c) APPLICATION OF INCREASED AMOUNT OF CASH-VALUE VOUCHER TO STATE AGENCIES.— (1) NOTIFICATION.—An increase to the amount of a cash- value voucher under subsection (b) shall apply to any State agency that notifies the Secretary of— (A) the intent to use that increased amount, without further application; and (B) the applicable period selected by the State agency during which that increased amount shall apply. (2) USE OF INCREASED AMOUNT.—A State agency that makes a notification to the Secretary under paragraph (1) shall use the increased amount described in that paragraph— (A) during the applicable period described in that notification; and (B) only during a single applicable period. (d) SUNSET.—The authority of the Secretary under subsection (b), and the authority of a State agency to increase the amount of a cash-value voucher under subsection (c), shall terminate on September 30, 2021. (e) FUNDING.—In addition to amounts otherwise made avail- able, there is appropriated to the Secretary, out of funds in the Treasury not otherwise appropriated, $490,000,000 to carry out this section, to remain available until September 30, 2022. SEC. 1106. WIC PROGRAM MODERNIZATION. In addition to amounts otherwise available, there are appro- priated to the Secretary of Agriculture, out of amounts in the Treasury not otherwise appropriated, $390,000,000 for fiscal year 2021, to remain available until September 30, 2024, to carry out outreach, innovation, and program modernization efforts, including appropriate waivers and flexibility, to increase participation in and redemption of benefits under programs established under section 17 of the Child Nutrition Act of 1966 (7 U.S.C. 1431), except that such waivers may not relate to the content of the WIC Food Packages (as defined in section 246.10(e) of title 7, Code of Federal Regulations (as in effect on the date of enactment of this Act)), or the nondiscrimination requirements under section 246.8 of title 7, Code of Federal Regulations (as in effect on the date of enactment of this Act). H. R. 1319—15 SEC. 1107. MEALS AND SUPPLEMENTS REIMBURSEMENTS FOR INDIVIDUALS WHO HAVE NOT ATTAINED THE AGE OF 25. (a) PROGRAM FOR AT-RISK SCHOOL CHILDREN.—Beginning on the date of enactment of this section, notwithstanding paragraph (1)(A) of section 17(r) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(r)), during the COVID–19 public health emergency declared under section 319 of the Public Health Service Act (42 U.S.C. 247d), the Secretary shall reimburse institutions that are emergency shelters under such section 17(r) (42 U.S.C. 1766(r)) for meals and supplements served to individuals who, at the time of such service— (1) have not attained the age of 25; and (2) are receiving assistance, including non-residential assistance, from such emergency shelter. (b) PARTICIPATION BY EMERGENCY SHELTERS.—Beginning on the date of enactment of this section, notwithstanding paragraph (5)(A) of section 17(t) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(t)), during the COVID–19 public health emergency declared under section 319 of the Public Health Service Act (42 U.S.C. 247d), the Secretary shall reimburse emergency shelters under such section 17(t) (42 U.S.C. 1766(t)) for meals and supplements served to individuals who, at the time of such service have not attained the age of 25. (c) DEFINITIONS.—In this section: (1) EMERGENCY SHELTER.—The term ‘‘emergency shelter’’ has the meaning given the term under section 17(t)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(t)(1)). (2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Agriculture. SEC. 1108. PANDEMIC EBT PROGRAM. Section 1101 of the Families First Coronavirus Response Act (7 U.S.C. 2011 note; Public Law 116–127) is amended— (1) in subsection (a)— (A) by striking ‘‘During fiscal years 2020 and 2021’’ and inserting ‘‘In any school year in which there is a public health emergency designation’’; and (B) by inserting ‘‘or in a covered summer period fol- lowing a school session’’ after ‘‘in session’’; (2) in subsection (g), by striking ‘‘During fiscal year 2020, the’’ and inserting ‘‘The’’; (3) in subsection (h)(1)— (A) by inserting ‘‘either’’ after ‘‘at least 1 child enrolled in such a covered child care facility and’’; and (B) by inserting ‘‘or a Department of Agriculture grant- funded nutrition assistance program in the Commonwealth of the Northern Mariana Islands, Puerto Rico, or American Samoa’’ before ‘‘shall be eligible to receive assistance’’; (4) by redesignating subsections (i) and (j) as subsections (j) and (k), respectively; (5) by inserting after subsection (h) the following: ‘‘(i) EMERGENCIES DURING SUMMER.—The Secretary of Agri- culture may permit a State agency to extend a State agency plan approved under subsection (b) for not more than 90 days for the purpose of operating the plan during a covered summer period, during which time schools participating in the school lunch program H. R. 1319—16 under the Richard B. Russell National School Lunch Act or the school breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773 ) and covered child care facilities shall be deemed closed for purposes of this section.’’; (6) in subsection (j) (as so redesignated)— (A) by redesignating paragraphs (2) through (6) as paragraphs (3) through (7), respectively; (B) by inserting after paragraph (1) the following: ‘‘(2) COVERED SUMMER PERIOD.—The term ‘covered summer period’ means a summer period that follows a school year during which there was a public health emergency designa- tion.’’; and (C) in paragraph (5) (as so redesignated), by striking ‘‘or another coronavirus with pandemic potential’’; and (7) in subsection (k) (as so redesignated), by inserting ‘‘Fed- eral agencies,’’ before ‘‘State agencies’’. TITLE II—COMMITTEE ON HEALTH, EDUCATION, LABOR, AND PENSIONS Subtitle A—Education Matters PART 1—DEPARTMENT OF EDUCATION SEC. 2001. ELEMENTARY AND SECONDARY SCHOOL EMERGENCY RELIEF 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 in the Treasury not otherwise appropriated, $122,774,800,000, to remain available through September 30, 2023, to carry out this section. (b) GRANTS.—From funds provided under subsection (a), the Secretary shall— (1) use $800,000,000 for the purposes of identifying home- less children and youth and providing homeless children and youth with— (A) wrap-around services in light of the challenges of COVID–19; and (B) assistance needed to enable homeless children and youth to attend school and participate fully in school activi- ties; and (2) from the remaining amounts, make grants to each State educational agency in accordance 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.— (1) IN GENERAL.—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 agencies) in the State in proportion to the amount of funds such local H. R. 1319—17 educational agencies and charter schools that are local edu- cational agencies received under part A of title I of the Elementary and Secondary Education Act of 1965 in the most recent fiscal year. (2) AVAILABILITY OF FUNDS.—Each State shall make alloca- tions under paragraph (1) to local educational agencies in an expedited and timely manner and, to the extent practicable, not later than 60 days after the receipt of such funds. (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 address learning loss through the implementation of evi- dence-based interventions, such as summer learning or summer enrichment, extended day, comprehensive afterschool programs, or extended school year programs, and ensure that such inter- ventions 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)(B)(xi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(B)(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 Secondary Education Act of 1965. (B) Any activity authorized by the Individuals with Disabilities Education Act. (C) Any activity authorized by the Adult Education and Family Literacy Act. (D) Any activity authorized by the Carl D. Perkins Career 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 entities to prevent, prepare for, and respond to coronavirus. (F) 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. (G) Developing and implementing procedures and sys- tems to improve the preparedness and response efforts of local educational agencies. (H) Training and professional development for staff of the local educational agency on sanitation and mini- mizing the spread of infectious diseases. (I) Purchasing supplies to sanitize and clean the facili- ties of a local educational agency, including buildings oper- ated by such agency. (J) Planning for, coordinating, and implementing activi- ties during long-term closures, including providing meals to eligible students, providing technology for online learning to all students, providing guidance for carrying out requirements under the Individuals with Disabilities Education Act and ensuring other educational services can H. R. 1319—18 continue to be provided consistent with all Federal, State, and local requirements. (K) 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 assistive technology or adaptive equipment. (L) Providing mental health services and supports, including through the implementation of evidence-based full-service community schools. (M) Planning and implementing activities related to summer learning and supplemental afterschool programs, including providing classroom instruction or online learning during the summer months and addressing the needs of low-income students, children with disabilities, English learners, migrant students, students experiencing homelessness, and children in foster care. (N) 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 par- ents and families on how they can effectively support students, including in a distance learning environment; and (iv) tracking student attendance and improving student engagement in distance education. (O) 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. (P) Inspection, testing, maintenance, repair, replace- ment, and upgrade projects to improve the indoor air quality in school facilities, including mechanical and non- mechanical heating, ventilation, and air conditioning sys- tems, filtering, purification and other air cleaning, fans, control systems, and window and door repair and replace- ment. (Q) 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 operation of school facilities to effectively maintain the health and safety of students, educators, and other staff. H. R. 1319—19 (R) Other activities that are necessary to maintain the operation of and continuity of services in local edu- cational 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 address learning loss by supporting the implementation of evidence-based interventions, such as summer learning or summer enrichment, 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)(B)(xi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(B)(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; (2) shall reserve not less than 1 percent of the total amount of grant funds awarded to the State under this section to carry out, directly or through grants or contracts, the implementation of evidence-based summer enrichment pro- grams, and ensure such programs respond to students’ aca- demic, social, and emotional needs and address the dispropor- tionate impact of the coronavirus on the student populations described in section 1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(B)(xi)), students experiencing homelessness, and children and youth in foster care; (3) shall reserve not less than 1 percent of the total amount of grant funds awarded to the State under this section to carry out, directly or through grants or contracts, the implementation of evidence-based comprehensive afterschool programs, and ensure such programs respond to students’ aca- demic, social, and emotional needs and address the dispropor- tionate impact of the coronavirus on the student populations described in section 1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(B)(xi)), students experiencing homelessness, and children and youth in foster care; and (4) 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 emergency needs as determined by the State educational agency to address issues responding to coronavirus, which may be addressed through the use of grants or contracts. (g) 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 reallocate such funds to the remaining States in accordance with subsection (c). (h) DEFINITIONS.—In this section— (1) the terms ‘‘child’’, ‘‘children with disabilities’’, ‘‘distance education’’, ‘‘elementary school’’, ‘‘English learner’’, ‘‘evidence- H. R. 1319—20 based’’, ‘‘secondary school’’, ‘‘local educational agency’’, ‘‘parent’’, ‘‘Secretary’’, ‘‘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); (2) the term ‘‘full-service community school’’ has the meaning given that term in section 4622(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7272(2)); and (3) the term ‘‘State’’ means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. (i) SAFE RETURN TO IN-PERSON INSTRUCTION.— (1) IN GENERAL.—A local educational agency receiving funds under this section shall develop and make publicly available on the local educational agency’s website, not later than 30 days after receiving the allocation of funds described in para- graph (d)(1), a plan for the safe return to in-person instruction and continuity of services. (2) COMMENT PERIOD.—Before making the plan described in paragraph (1) publicly available, the local educational agency shall seek public comment on the plan and take such comments into account in the development of the plan. (3) PREVIOUS PLANS.—If a local educational agency has developed a plan for the safe return to in-person instruction before the date of enactment of this Act that meets the require- ments described in paragraphs (1) and (2), such plan shall be deemed to satisfy the requirements under this subsection. SEC. 2002. EMERGENCY ASSISTANCE TO NON-PUBLIC SCHOOLS. (a) IN GENERAL.—In addition to amounts otherwise available through the Emergency Assistance to Non-Public Schools Program, there is appropriated to the Department of Education for fiscal year 2021, out of any money in the Treasury not otherwise appro- priated, $2,750,000,000, to remain available through September 30, 2023, for making allocations to Governors under the Emergency Assistance to Non-Public Schools Program to provide services or assistance to non-public schools that enroll a significant percentage of low-income students and are most impacted by the qualifying emergency. (b) LIMITATIONS.—Funds provided under subsection (a) shall not be used to provide reimbursements to any non-public school. SEC. 2003. HIGHER EDUCATION EMERGENCY RELIEF FUND. In addition to amounts otherwise available, there is appro- priated 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 the 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 Department of Education Appropriations Act, 2020’’ for ‘‘in the Further Consolidated Appropriations Act, 2020 (Public Law 116–94)’’; and H. R. 1319—21 (B) in subparagraph (B), by substituting ‘‘under the heading ‘Higher Education’ in the Department of Education Appropriations Act, 2020’’ for ‘‘in the Further Consolidated 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 section 314 that has a total endowment size of less than $1,000,000 (including an institution that does not have an endowment) 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 sub- section (d) of such section 314, an institution shall use a portion of funds received under this section to— (A) implement evidence-based practices to monitor and suppress coronavirus in accordance with public health guidelines; and (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 Public Law 116–260); and (7) an institution that receives an allocation under this section 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 financial aid grants to students in accordance with subsection (c)(3) of such section 314. SEC. 2004. MAINTENANCE OF EFFORT AND MAINTENANCE OF EQUITY. (a) STATE MAINTENANCE OF EFFORT.— (1) IN GENERAL.—As a condition of receiving funds under section 2001, a State shall maintain support for elementary and secondary education, and for higher education (which shall include State funding to institutions of higher education and State need-based financial aid, and shall not include support for capital projects or for research and development or tuition and fees paid by students), in each of fiscal years 2022 and 2023 at least at the proportional levels of such State’s support for elementary and secondary education and for higher edu- cation relative to such State’s overall spending, averaged over fiscal years 2017, 2018, and 2019. (2) WAIVER.—For the purpose of relieving fiscal burdens incurred by States in preventing, preparing for, and responding H. R. 1319—22 to the coronavirus, the Secretary of Education may waive any maintenance of effort requirements associated with the Edu- cation Stabilization Fund. (b) STATE MAINTENANCE OF EQUITY.— (1) HIGH-NEED LOCAL EDUCATIONAL AGENCIES.—As a condi- tion of receiving funds under section 2001, a State educational agency shall not, in fiscal year 2022 or 2023, reduce State funding (as calculated on a per-pupil basis) for any high-need local educational agency in the State by an amount that exceeds the overall per-pupil reduction in State funds, if any, across all local educational agencies in such State in such fiscal year. (2) HIGHEST POVERTY LOCAL EDUCATIONAL AGENCIES.—Not- withstanding paragraph (1), as a condition of receiving funds under section 2001, a State educational agency shall not, in fiscal year 2022 or 2023, reduce State funding (as calculated on a per-pupil basis) for any highest poverty local educational agency below the level of funding (as calculated on a per- pupil basis) provided to each such local educational agency in fiscal year 2019. (c) LOCAL EDUCATIONAL AGENCY MAINTENANCE OF EQUITY FOR HIGH-POVERTY SCHOOLS.— (1) IN GENERAL.—As a condition of receiving funds under section 2001, a local educational agency shall not, in fiscal year 2022 or 2023— (A) reduce per-pupil funding (from combined State and local funding) for any high-poverty school served by such local educational agency by an amount that exceeds— (i) the total reduction in local educational agency funding (from combined State and local funding) for all schools served by the local educational agency in such fiscal year (if any); divided by (ii) the number of children enrolled in all schools served by the local educational agency in such fiscal year; or (B) reduce per-pupil, full-time equivalent staff in any high-poverty school by an amount that exceeds— (i) the total reduction in full-time equivalent staff in all schools served by such local educational agency in such fiscal year (if any); divided by (ii) the number of children enrolled in all schools served by the local educational agency in such fiscal year. (2) EXCEPTION.—Paragraph (1) shall not apply to a local educational agency in fiscal year 2022 or 2023 that meets at least 1 of the following criteria in such fiscal year: (A) Such local educational agency has a total enroll- ment of less than 1,000 students. (B) Such local educational agency operates a single school. (C) Such local educational agency serves all students within each grade span with a single school. (D) Such local educational agency demonstrates an exceptional or uncontrollable circumstance, such as unpredictable changes in student enrollment or a precipi- tous decline in the financial resources of such agency, as determined by the Secretary of Education. (d) DEFINITIONS.—In this section: H. R. 1319—23 (1) ELEMENTARY EDUCATION; SECONDARY EDUCATION.—The terms ‘‘elementary education’’ and ‘‘secondary education’’ have the meaning given such terms under State law. (2) HIGHEST POVERTY LOCAL EDUCATIONAL AGENCY.—The term ‘‘highest poverty local educational agency’’ means a local educational agency that is among the group of local educational agencies in the State that— (A) in rank order, have the highest percentages of economically disadvantaged students in the State, on the basis of the most recent satisfactory data available from the Department of Commerce (or, for local educational agencies for which no such data are available, such other data as the Secretary of Education determines are satisfac- tory); and (B) collectively serve not less than 20 percent of the State’s total enrollment of students served by all local educational agencies in the State. (3) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—The term ‘‘high-need local educational agency’’ means a local educational agency that is among the group of local educational agencies in the State that— (A) in rank order, have the highest percentages of economically disadvantaged students in the State, on the basis of the most recent satisfactory data available from the Department of Commerce (or, for local educational agencies for which no such data are available, such other data as the Secretary of Education determines are satisfac- tory); and (B) collectively serve not less than 50 percent of the State’s total enrollment of students served by all local educational agencies in the State. (4) HIGH-POVERTY SCHOOL.— (A) IN GENERAL.—The term ‘‘high-poverty school’’ means, with respect to a school served by a local edu- cational agency, a school that is in the highest quartile of schools served by such local educational agency based on the percentage of economically disadvantaged students served, as determined by the State in accordance with subparagraph (B). (B) DETERMINATION.—In making the determination under subparagraph (A), a State shall select a measure of poverty established for the purposes of this paragraph by the Secretary of Education and apply such measure consistently to all schools in the State. (5) OVERALL PER-PUPIL REDUCTION IN STATE FUNDS.—The term ‘‘overall per-pupil reduction in State funds’’ means, with respect to a fiscal year— (A) the amount of any reduction in the total amount of State funds provided to all local educational agencies in the State in such fiscal year compared to the total amount of such funds provided to all local educational agencies in the State in the previous fiscal year; divided by (B) the aggregate number of children enrolled in all schools served by all local educational agencies in the State in the fiscal year for which the determination is being made. H. R. 1319—24 (6) STATE.—The term ‘‘State’’ means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. SEC. 2005. OUTLYING AREAS. In addition to amounts otherwise available, there is appro- priated to the Department of Education for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $850,000,000, to remain available through September 30, 2023, for the Secretary of Education to allocate awards to the outlying areas on the basis of their respective needs, as determined by the Secretary, to be allocated not more than 30 calendar days after the date of enactment of this Act. SEC. 2006. GALLAUDET UNIVERSITY. In addition to amounts otherwise available, there is appro- priated to the Department of Education for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $19,250,000, to remain available through September 30, 2023, for the Kendall Demonstration Elementary School, the Model Sec- ondary School for the Deaf, and Gallaudet University to prevent, prepare for, and respond to coronavirus, including to defray expenses associated with coronavirus (including lost revenue, reimbursement for expenses already incurred, technology costs asso- ciated with a transition to distance education, faculty and staff trainings, and payroll) and to provide financial aid grants to stu- dents, which may be used for any component of the student’s cost of attendance. SEC. 2007. STUDENT AID ADMINISTRATION. In addition to amounts otherwise available, there is appro- priated to the Department of Education for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $91,130,000, to remain available through September 30, 2023, for Student Aid Administration within the Department of Education to prevent, prepare for, and respond to coronavirus including direct outreach to students and borrowers about financial aid, economic impact payments, means-tested benefits, unemployment assistance, and tax benefits, for which the students and borrowers may be eligible. SEC. 2008. HOWARD UNIVERSITY. In addition to amounts otherwise available, there is appro- priated to the Department of Education for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $35,000,000, to remain available through September 30, 2023, for Howard University to prevent, prepare for, and respond to coronavirus, including to defray expenses associated with coronavirus (including lost revenue, reimbursement for expenses already incurred, technology costs associated with a transition to distance education, faculty and staff trainings, and payroll) and to provide financial aid grants to students, which may be used for any component of the student’s cost of attendance. SEC. 2009. NATIONAL TECHNICAL INSTITUTE FOR THE DEAF. In addition to amounts otherwise available, there is appro- priated to the Department of Education for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, H. R. 1319—25 $19,250,000, to remain available through September 30, 2023, for the National Technical Institute for the Deaf to prevent, prepare for, and respond to coronavirus, including to defray expenses associ- ated with coronavirus (including lost revenue, reimbursement for expenses already incurred, technology costs associated with a transi- tion to distance education, faculty and staff training, and payroll) and to provide financial aid grants to students, which may be used for any component of the student’s cost of attendance. SEC. 2010. INSTITUTE OF EDUCATION SCIENCES. In addition to amounts otherwise available, there is appro- priated to the Department of Education for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $100,000,000, to remain available through September 30, 2023, for the Institute of Education Sciences to carry out research related to addressing learning loss caused by the coronavirus among the student subgroups described in section 1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(B)(xi)) and students experiencing homelessness and chil- dren and youth in foster care, and to disseminate such findings to State educational agencies and local educational agencies and other appropriate entities. SEC. 2011. PROGRAM ADMINISTRATION. In addition to amounts otherwise available, there is appro- priated to the Department of Education for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $15,000,000, to remain available through September 30, 2024, for Program Administration within the Department of Education to prevent, prepare for, and respond to coronavirus, and for salaries and expenses necessary to implement this part. SEC. 2012. OFFICE OF INSPECTOR GENERAL. In addition to amounts otherwise available, there is appro- priated to the Department of Education for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $5,000,000, to remain available until expended, for the Office of Inspector General of the Department of Education, for salaries and expenses necessary for oversight, investigations, and audits of programs, grants, and projects funded under this part carried out by the Office of Inspector General. SEC. 2013. MODIFICATION OF REVENUE REQUIREMENTS FOR PROPRI- ETARY INSTITUTIONS OF HIGHER EDUCATION. (a) IN GENERAL.—Section 487(a)(24) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)(24)) is amended by striking ‘‘funds provided under this title’’ and inserting ‘‘Federal funds that are disbursed or delivered to or on behalf of a student to be used to attend such institution (referred to in this paragraph and sub- section (d) as ‘Federal education assistance funds’)’’. (b) IMPLEMENTATION OF NON-FEDERAL REVENUE REQUIRE- MENT.—Section 487(d) of the Higher Education Act of 1965 (20 U.S.C. 1094(d)) is amended— (1) in the subsection heading, by striking ‘‘Non-title IV’’ and inserting ‘‘Non-Federal’’; and (2) in paragraph (1)(C), by striking ‘‘funds for a program under this title’’ and inserting ‘‘Federal education assistance funds’’. H. R. 1319—26 (c) EFFECTIVE DATE.—The amendments made under this section shall— (1) be subject to the master calendar requirements under section 482 of the Higher Education Act of 1965 (20 U.S.C. 1089) and the public involvement and negotiated rulemaking requirements under section 492 of the Higher Education Act of 1965 (20 U.S.C. 1098a), except that such negotiated rule- making shall commence not earlier than October 1, 2021; and (2) apply to institutional fiscal years beginning on or after January 1, 2023. SEC. 2014. FUNDING FOR THE INDIVIDUALS WITH DISABILITIES EDU- CATION ACT. (a) AMOUNTS FOR IDEA.—There is appropriated to the Sec- retary of Education for fiscal year 2021, out of any money in the Treasury not otherwise appropriated— (1) $2,580,000,000 for grants to States under part B of the Individuals with Disabilities Education Act; (2) $200,000,000 for preschool grants under section 619 of the Individuals with Disabilities Education Act; and (3) $250,000,000 for programs for infants and toddlers with disabilities under part C of the Individuals with Disabilities Education Act. (b) GENERAL PROVISIONS.—Any amount appropriated under subsection (a) is in addition to other amounts appropriated or made available for the applicable purpose. PART 2—MISCELLANEOUS SEC. 2021. NATIONAL ENDOWMENT FOR THE ARTS. In addition to amounts otherwise available, there is appro- priated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $135,000,000, to remain available until expended, under the National Foundation on the Arts and the Humanities Act of 1965, as follows: (1) Forty percent shall be for grants, and relevant adminis- trative expenses, to State arts agencies and regional arts organizations that support organizations’ programming and general operating expenses to cover up to 100 percent of the costs of the programs which the grants support, to prevent, prepare for, respond to, and recover from the coronavirus. (2) Sixty percent shall be for direct grants, and relevant administrative expenses, that support organizations’ program- ming and general operating expenses to cover up to 100 percent of the costs of the programs which the grants support, to prevent, prepare for, respond to, and recover from the coronavirus. SEC. 2022. NATIONAL ENDOWMENT FOR THE HUMANITIES. In addition to amounts otherwise available, there is appro- priated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $135,000,000, to remain available until expended, under the National Foundation on the Arts and the Humanities Act of 1965, as follows: (1) Forty percent shall be for grants, and relevant adminis- trative expenses, to State humanities councils that support humanities organizations’ programming and general operating expenses to cover up to 100 percent of the costs of the programs H. R. 1319—27 which the grants support, to prevent, prepare for, respond to, and recover from the coronavirus. (2) Sixty percent shall be for direct grants, and relevant administrative expenses, that support humanities organiza- tions’ programming and general operating expenses to cover up to 100 percent of the costs of the programs which the grants support, to prevent, prepare for, respond to, and recover from the coronavirus. SEC. 2023. INSTITUTE OF MUSEUM AND LIBRARY SERVICES. In addition to amounts otherwise available, there is appro- priated to the Institute of Museum and Library Services for fiscal year 2021, out of any money in the Treasury not otherwise appro- priated, $200,000,000, to remain available until expended, for nec- essary expenses 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 agencies by applying the formula in section 221(b) of the Museum and Library Services Act, except that— (1) section 221(b)(3)(A) of such Act shall be applied by substituting ‘‘$2,000,000’’ for ‘‘$680,000’’ and by substituting ‘‘$200,000’’ for ‘‘$60,000’’; and (2) section 221(b)(3)(C) and subsections (b) and (c) of section 223 of such Act shall not apply to funds provided under this section. Subtitle B—Labor Matters SEC. 2101. FUNDING FOR DEPARTMENT OF LABOR WORKER PROTEC- TION ACTIVITIES. (a) APPROPRIATION.—In addition to amounts otherwise made available, out of any funds in the Treasury not otherwise appro- priated, there are appropriated to the Secretary of Labor for fiscal year 2021, $200,000,000, to remain available until September 30, 2023, for the Wage and Hour Division, the Office of Workers’ Compensation Programs, the Office of the Solicitor, the Mine Safety and Health Administration, and the Occupational Safety and Health Administration to carry out COVID–19 related worker protection activities, and for the Office of Inspector General for oversight of the Secretary’s activities to prevent, prepare for, and respond to COVID–19. (b) ALLOCATION OF AMOUNTS.—Amounts appropriated under subsection (a) shall be allocated as follows: (1) Not less than $100,000,000 shall be for the Occupational Safety and Health Administration, of which $10,000,000 shall be for Susan Harwood training grants and not less than $5,000,000 shall be for enforcement activities related to COVID–19 at high risk workplaces including health care, meat and poultry processing facilities, agricultural workplaces and correctional facilities. (2) $12,500,000 shall be for the Office of Inspector General. H. R. 1319—28 Subtitle C—Human Services and Community Supports SEC. 2201. CHILD CARE AND DEVELOPMENT BLOCK GRANT PROGRAM. (a) CHILD CARE AND DEVELOPMENT BLOCK GRANT FUNDING.— In addition to amounts otherwise available, there is appropriated for fiscal year 2021, out of any amounts in the Treasury not other- wise appropriated, $14,990,000,000, to remain available through September 30, 2021, to carry out the program authorized under section 658C of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858a) without regard to requirements in sections 658E(c)(3)(E) or 658G of such Act (42 U.S.C. 9858c(c)(3)(E), 9858e). Payments made to States, territories, Indian Tribes, and Tribal organizations from funds made available under this subsection shall be obligated in fiscal year 2021 or the suc- ceeding 2 fiscal years. States, territories, Indian Tribes, and Tribal organizations are authorized to use such funds to provide child care assistance to health care sector employees, emergency responders, sanitation workers, and other workers deemed essential during the response to coronavirus by public officials, without regard to the income eligibility requirements of section 658P(4) of the Child Care and Development Block Grant Act (42 U.S.C. 9858n(4)). (b) ADMINISTRATIVE COSTS.—In addition to amounts otherwise available, there is appropriated for fiscal year 2021, out of any amounts in the Treasury not otherwise appropriated, $35,000,000, to remain available through September 30, 2025, for the costs of providing technical assistance and conducting research and for the administrative costs to carry out this section and section 2202 of this subtitle. (c) SUPPLEMENT NOT SUPPLANT.—Amounts made available to carry out this section shall be used to supplement and not supplant other Federal, State, and local public funds expended to provide child care services for eligible individuals. SEC. 2202. CHILD CARE STABILIZATION. (a) DEFINITIONS.—In this section: (1) COVID–19 PUBLIC HEALTH EMERGENCY.—The term ‘‘COVID–19 public health emergency’’ means the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d) on January 31, 2020, with respect to COVID– 19, including any renewal of the declaration. (2) ELIGIBLE CHILD CARE PROVIDER.—The term ‘‘eligible child care provider’’ means— (A) an eligible child care provider as defined in section 658P of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n); or (B) a child care provider that is licensed, regulated, or registered in the State, territory, or Indian Tribe on the date of enactment of this Act and meets applicable State and local health and safety requirements. (b) CHILD CARE STABILIZATION FUNDING.—In addition to amounts otherwise available, there is appropriated for fiscal year 2021, out of any amounts in the Treasury not otherwise appro- priated, $23,975,000,000, to remain available through September H. R. 1319—29 30, 2021, for grants under this section in accordance with the Child Care and Development Block Grant Act of 1990. (c) GRANTS.—From the amounts appropriated to carry out this section and under the authority of section 658O of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858m) and this section, the Secretary shall award to each 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). Such grant shall be allotted in accordance with section 658O of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858m). (d) STATE RESERVATIONS AND SUBGRANTS.— (1) RESERVATION.—A lead agency for a State that receives a child care stabilization grant pursuant to subsection (c) shall reserve not more than 10 percent of such grant funds to admin- ister subgrants, provide technical assistance and support for applying for and accessing the subgrant opportunity, publicize the availability of the subgrants, carry out activities to increase the supply of child care, and provide technical assistance to help child care providers implement policies as described in paragraph (2)(D)(i). (2) SUBGRANTS TO QUALIFIED CHILD CARE PROVIDERS.— (A) IN GENERAL.—The lead agency shall use the remainder of the grant funds awarded pursuant to sub- section (c) to make subgrants to qualified child care pro- viders described in subparagraph (B), regardless of such a provider’s previous receipt of other Federal assistance, to support the stability of the child care sector during and after the COVID–19 public health emergency. (B) QUALIFIED CHILD CARE PROVIDER.—To be qualified to receive a subgrant under this paragraph, a provider shall be an eligible child care provider that on the date of submission of an application for the subgrant, was either— (i) open and available to provide child care services; or (ii) closed due to public health, financial hardship, or other reasons relating to the COVID–19 public health emergency. (C) SUBGRANT AMOUNT.—The amount of such a subgrant to a qualified child care provider shall be based on the provider’s stated current operating expenses, including costs associated with providing or preparing to provide child care services during the COVID–19 public health emergency, and to the extent practicable, cover suffi- cient operating expenses to ensure continuous operations for the intended period of the subgrant. (D) APPLICATION.—The lead agency shall— (i) make available on the lead agency’s website an application for qualified child care providers that includes certifications that, for the duration of the subgrant— (I) the provider applying will, when open and available to provide child care services, implement policies in line with guidance from the cor- responding State, Tribal, and local authorities, and H. R. 1319—30 in accordance with State, Tribal, and local orders, and, to the greatest extent possible, implement policies in line with guidance from the Centers for Disease Control and Prevention; (II) for each employee, the provider will pay not less than the full compensation, including any benefits, that was provided to the employee as of the date of submission of the application for the subgrant (referred to in this subclause as ‘‘full compensation’’), and will not take any action that reduces the weekly amount of the employee’s com- pensation below the weekly amount of full com- pensation, or that reduces the employee’s rate of compensation below the rate of full compensation, including the involuntary furloughing of any employee employed on the date of submission of the application for the subgrant; and (III) the provider will provide relief from co- payments and tuition payments for the families enrolled in the provider’s program, to the extent possible, and prioritize such relief for families struggling to make either type of payment; and (ii) accept and process applications submitted under this subparagraph on a rolling basis, and provide subgrant funds in advance of provider expenditures, except as provided in subsection (e)(2). (E) OBLIGATION.—The lead agency shall notify the Sec- retary if it is unable to obligate at least 50 percent of the funds received pursuant to subsection (c) that are avail- able for subgrants described in this paragraph within 9 months of the date of enactment of this Act. (e) USES OF FUNDS.— (1) IN GENERAL.—A qualified child care provider that receives funds through such a subgrant shall use the funds for at least one of the following: (A) Personnel costs, including payroll and salaries or similar compensation for an employee (including any sole proprietor or independent contractor), employee benefits, premium pay, or costs for employee recruitment and reten- tion. (B) Rent (including rent under a lease agreement) or payment on any mortgage obligation, utilities, facility maintenance or improvements, or insurance. (C) Personal protective equipment, cleaning and sanitization supplies and services, or training and profes- sional development related to health and safety practices. (D) Purchases of or updates to equipment and supplies to respond to the COVID–19 public health emergency. (E) Goods and services necessary to maintain or resume child care services. (F) Mental health supports for children and employees. (2) REIMBURSEMENT.—The qualified child care provider may use the subgrant funds to reimburse the provider for sums obligated or expended before the date of enactment of this Act for the cost of a good or service described in paragraph (1) to respond to the COVID–19 public health emergency. H. R. 1319—31 (f) SUPPLEMENT NOT SUPPLANT.—Amounts made available to carry out this section shall be used to supplement and not supplant other Federal, State, and local public funds expended to provide child care services for eligible individuals. SEC. 2203. HEAD START. In addition to amounts otherwise available, there is appro- priated for fiscal year 2021, out of any amounts in the Treasury not otherwise appropriated, $1,000,000,000, to remain available through September 30, 2022, to carry out the Head Start Act, including for Federal administrative expenses. After reserving funds for Federal administrative expenses, the Secretary shall allocate all remaining amounts to Head Start agencies for one-time grants, and shall allocate to each Head Start agency an amount that bears the same ratio to the portion available for allocations as the number of enrolled children served by the Head Start agency bears to the number of enrolled children served by all Head Start agencies. SEC. 2204. PROGRAMS FOR SURVIVORS. (a) IN GENERAL.—Section 303 of the Family Violence Prevention and Services Act (42 U.S.C. 10403) is amended by adding at the end the following: ‘‘(d) ADDITIONAL FUNDING.—For the purposes of carrying out this title, in addition to amounts otherwise made available for such purposes, there are appropriated, out of any amounts in the Treasury not otherwise appropriated, for fiscal year 2021, to remain available until expended except as otherwise provided in this sub- section, each of the following: ‘‘(1) $180,000,000 to carry out sections 301 through 312, to be allocated in the manner described in subsection (a)(2), except that— ‘‘(A) a reference in subsection (a)(2) to an amount appropriated under subsection (a)(1) shall be considered to be a reference to an amount appropriated under this paragraph; ‘‘(B) the matching requirement in section 306(c)(4) and condition in section 308(d)(3) shall not apply; and ‘‘(C) each reference in section 305(e) to ‘the end of the following fiscal year’ shall be considered to be a ref- erence to ‘the end of fiscal year 2025’; and ‘‘(D) funds made available to a State in a grant under section 306(a) and obligated in a timely manner shall be available for expenditure, by the State or a recipient of funds from the grant, through the end of fiscal year 2025; ‘‘(2) $18,000,000 to carry out section 309. ‘‘(3) $2,000,000 to carry out section 313, of which $1,000,000 shall be allocated to support Indian communities.’’. (b) COVID–19 PUBLIC HEALTH EMERGENCY DEFINED.—In this section, the term ‘‘COVID–19 public health emergency’’ means the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d) on January 31, 2020, with respect to COVID– 19, including any renewal of the declaration. (c) GRANTS TO SUPPORT CULTURALLY SPECIFIC POPULATIONS.— (1) IN GENERAL.—In addition to amounts otherwise made available, there is appropriated, out of any amounts in the Treasury not otherwise appropriated, to the Secretary of Health H. R. 1319—32 and Human Services (in this section referred to as the ‘‘Sec- retary’’), $49,500,000 for fiscal year 2021, to be available until expended, to carry out this subsection (excluding Federal administrative costs, for which funds are appropriated under subsection (e)). (2) USE OF FUNDS.—From amounts appropriated under paragraph (1), the Secretary acting through the Director of the Family Violence Prevention and Services Program, shall— (A) support culturally specific community-based organizations to provide culturally specific activities for survivors of sexual assault and domestic violence, to address emergent needs resulting from the COVID–19 public health emergency and other public health concerns; and (B) support culturally specific community-based organizations that provide culturally specific activities to promote strategic partnership development and collabora- tion in responding to the impact of COVID–19 and other public health concerns on survivors of sexual assault and domestic violence. (d) GRANTS TO SUPPORT SURVIVORS OF SEXUAL ASSAULT.— (1) IN GENERAL.—In addition to amounts otherwise made available, there is appropriated, out of any amounts in the Treasury not otherwise appropriated, to the Secretary, $198,000,000 for fiscal year 2021, to be available until expended, to carry out this subsection (excluding Federal administrative costs, for which funds are appropriated under subsection (e)). (2) USE OF FUNDS.—From amounts appropriated under paragraph (1), the Secretary acting through the Director of the Family Violence Prevention and Services Program, shall assist rape crisis centers in transitioning to virtual services and meeting the emergency needs of survivors. (e) ADMINISTRATIVE COSTS.—In addition to amounts otherwise made available, there is appropriated to the Secretary, out of any amounts in the Treasury not otherwise appropriated, $2,500,000 for fiscal year 2021, to remain available until expended, for the Federal administrative costs of carrying out subsections (c) and (d). SEC. 2205. CHILD ABUSE PREVENTION AND TREATMENT. In addition to amounts otherwise available, there is appro- priated to the Secretary of Health and Human Services for fiscal year 2021, out of any money in the Treasury not otherwise appro- priated, the following amounts, to remain available through Sep- tember 30, 2023: (1) $250,000,000 for carrying out the program authorized under section 201 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5116), which shall be allocated without regard to section 204(4) of such Act (42 U.S.C. 5116d(4)) and shall be allotted to States in accordance with section 203 of such Act (42 U.S.C. 5116b), except that— (A) in subsection (b)(1)(A) of such section 203, ‘‘70 percent’’ shall be deemed to be ‘‘100 percent’’; and (B) subsections (b)(1)(B) and (c) of such section 203 shall not apply; and H. R. 1319—33 (2) $100,000,000 for carrying out the State grant program authorized under section 106 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a), which shall be allocated without regard to section 112(a)(2) of such Act (42 U.S.C. 5106h(a)(2)). SEC. 2206. CORPORATION FOR NATIONAL AND COMMUNITY SERVICE AND THE NATIONAL SERVICE TRUST. (a) CORPORATION FOR NATIONAL AND COMMUNITY SERVICE.— In addition to amounts otherwise made available, there is appro- priated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, to the Corporation for National and Community Service, $852,000,000, to remain available through Sep- tember 30, 2024, to carry out subsection (b), except that amounts to carry out subsection (b)(7) shall remain available until September 30, 2026. (b) ALLOCATION OF AMOUNTS.—Amounts provided by subsection (a) shall be allocated as follows: (1) AMERICORPS STATE AND NATIONAL.—$620,000,000 shall be used— (A) to increase the living allowances of participants in national service programs; and (B) to make funding adjustments to existing (as of the date of enactment of this Act) awards and award new and additional awards to 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 enact- ment of this Act, and notwithstanding 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— (i) prioritizing entities serving communities dis- proportionately impacted by COVID–19 and utilizing culturally competent and multilingual strategies in the provision of services; and (ii) taking into account the diversity of commu- nities and participants served by such entities, including racial, ethnic, socioeconomic, linguistic, or geographic diversity. (2) STATE COMMISSIONS.—$20,000,000 shall be used to make adjustments to existing (as of the date of enactment of this Act) awards and new and additional awards, including awards to State Commissions on National and Community Service, under section 126(a) of the National and Community Service Act of 1990 (42 U.S.C. 12576(a)). (3) VOLUNTEER GENERATION FUND.—$20,000,000 shall be used for expenses authorized under section 501(a)(4)(F) of the National and Community Service Act of 1990 (42 U.S.C. 12681(a)(4)(F)), which, notwithstanding section 198P(d)(1)(B) of that Act (42 U.S.C. 12653p(d)(1)(B)), shall be for grants awarded by the Corporation for National and Community Service on a competitive basis. (4) AMERICORPS VISTA.—$80,000,000 shall be used for the purposes described in section 101 of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4951), including to increase H. R. 1319—34 the living allowances of volunteers, described in section 105(b) of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4955(b)). (5) NATIONAL SENIOR SERVICE CORPS.—$30,000,000 shall be used for the purposes described in section 200 of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5000). (6) ADMINISTRATIVE COSTS.—$73,000,000 shall be used for the Corporation for National and Community Service for administrative expenses to carry out programs and activities funded by subsection (a). (7) OFFICE OF INSPECTOR GENERAL.—$9,000,000 shall be used for the Office of Inspector General of the Corporation for National and Community Service for salaries and expenses necessary for oversight and audit of programs and activities funded by subsection (a). (c) NATIONAL SERVICE TRUST.—In addition to amounts other- wise made available, there is appropriated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $148,000,000, to remain available until expended, for administra- tion 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)). Subtitle D—Public Health SEC. 2301. FUNDING FOR COVID–19 VACCINE ACTIVITIES AT THE CEN- TERS FOR DISEASE CONTROL AND PREVENTION. (a) IN GENERAL.—In addition to amounts otherwise available, there is appropriated to the Secretary of Health and Human Serv- ices (in this subtitle referred to as the ‘‘Secretary’’) for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $7,500,000,000, to remain available until expended, to carry out activities to plan, prepare for, promote, distribute, administer, mon- itor, and track COVID–19 vaccines. (b) USE OF FUNDS.—The Secretary, acting through the Director of the Centers for Disease Control and Prevention, and in consulta- tion with other agencies, as applicable, shall, in conducting activities referred to in subsection (a)— (1) conduct activities to enhance, expand, and improve nationwide COVID–19 vaccine distribution and administration, including activities related to distribution of ancillary medical products and supplies related to vaccines; and (2) provide technical assistance, guidance, and support to, and award grants or cooperative agreements to, State, local, Tribal, and territorial public health departments for enhance- ment of COVID–19 vaccine distribution and administration capabilities, including— (A) the distribution and administration of vaccines licensed under section 351 of the Public Health Service Act (42 U.S.C. 262) or authorized under section 564 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb–3) and ancillary medical products and supplies related to vaccines; H. R. 1319—35 (B) the establishment and expansion, including staffing support, of community vaccination centers, particularly in underserved areas; (C) the deployment of mobile vaccination units, particu- larly in underserved areas; (D) information technology, standards-based data, and reporting enhancements, including improvements nec- essary to support standards-based sharing of data related to vaccine distribution and vaccinations and systems that enhance vaccine safety, effectiveness, and uptake, particu- larly among underserved populations; (E) facilities enhancements; (F) communication with the public regarding when, where, and how to receive COVID–19 vaccines; and (G) transportation of individuals to facilitate vaccina- tions, including at community vaccination centers and mobile vaccination units, particularly for underserved popu- lations. (c) SUPPLEMENTAL FUNDING FOR STATE VACCINATION GRANTS.— (1) DEFINITIONS.—In this subsection: (A) BASE FORMULA.—The term ‘‘base formula’’ means the allocation formula that applied to the Public Health Emergency Preparedness cooperative agreement in fiscal year 2020. (B) ALTERNATIVE ALLOCATION.—The term ‘‘alternative allocation’’ means an allocation to each State, territory, or locality calculated using the percentage derived from the allocation received by such State, territory, or locality of the aggregate amount of fiscal year 2020 Public Health Emergency Preparedness cooperative agreement awards under section 319C–1 of the Public Health Service Act (42 U.S.C. 247d–3a). (2) SUPPLEMENTAL FUNDING.— (A) IN GENERAL.—Not later than 21 days after the date of enactment of this Act, the Secretary shall, out of amounts described in subsection (a), provide supple- mental funding to any State, locality, or territory that received less of the amounts that were appropriated under title III of division M of Public Law 116–260 for vaccination grants to be issued by the Centers for Disease Control and Prevention than such State, locality, or territory would have received had such amounts been allocated using the alternative allocation. (B) AMOUNT.—The amount of supplemental funding provided under this subsection shall be equal to the dif- ference between— (i) the amount the State, locality, or territory received, or would receive, under the base formula; and (ii) the amount the State, locality, or territory would receive under the alternative allocation. SEC. 2302. FUNDING FOR VACCINE CONFIDENCE ACTIVITIES. In addition to amounts otherwise available, there is appro- priated to the Secretary for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $1,000,000,000, to remain available until expended, to carry out activities, acting H. R. 1319—36 through the Director of the Centers for Disease Control and Preven- tion— (1) to strengthen vaccine confidence in the United States, including its territories and possessions; (2) to provide further information and education with respect to vaccines licensed under section 351 of the Public Health Service Act (42 U.S.C. 262) or authorized under section 564 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb–3); and (3) to improve rates of vaccination throughout the United States, including its territories and possessions, including through activities described in section 313 of the Public Health Service Act, as amended by section 311 of division BB of the Consolidated Appropriations Act, 2021 (Public Law 116–260). SEC. 2303. FUNDING FOR SUPPLY CHAIN FOR COVID–19 VACCINES, THERAPEUTICS, AND MEDICAL SUPPLIES. In addition to amounts otherwise available, there is appro- priated to the Secretary for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $6,050,000,000, to remain available until expended, for necessary expenses with respect to research, development, manufacturing, production, and the purchase of vaccines, therapeutics, and ancillary medical prod- ucts and supplies to prevent, prepare, or respond to— (1) SARS–CoV–2 or any viral variant mutating therefrom with pandemic potential; and (2) COVID–19 or any disease with potential for creating a pandemic. SEC. 2304. FUNDING FOR COVID–19 VACCINE, THERAPEUTIC, AND DEVICE ACTIVITIES AT THE FOOD AND DRUG ADMINIS- TRATION. In addition to amounts otherwise available, there is appro- priated to the Secretary for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $500,000,000, to remain available until expended, to be used for the evaluation of the contin- ued performance, safety, and effectiveness, including with respect to emerging COVID–19 variants, of vaccines, therapeutics, and diagnostics approved, cleared, licensed, or authorized for use for the treatment, prevention, or diagnosis of COVID–19; facilitation of advanced continuous manufacturing activities related to produc- tion of vaccines and related materials; facilitation and conduct of inspections related to the manufacturing of vaccines, thera- peutics, and devices delayed or cancelled for reasons related to COVID–19; review of devices authorized for use for the treatment, prevention, or diagnosis of COVID–19; and oversight of the supply chain and mitigation of shortages of vaccines, therapeutics, and devices approved, cleared, licensed, or authorized for use for the treatment, prevention, or diagnosis of COVID–19 by the Food and Drug Administration. SEC. 2305. REDUCED COST-SHARING. (a) IN GENERAL.—Section 1402 of the Patient Protection and Affordable Care Act is amended by redesignating subsection (f) as subsection (g) and by inserting after subsection (e) the following new subsection: ‘‘(f) SPECIAL RULE FOR INDIVIDUALS WHO RECEIVE UNEMPLOY- MENT COMPENSATION DURING 2021.—For purposes of this section, H. R. 1319—37 in the case of an individual who has received, or has been approved to receive, unemployment compensation for any week beginning during 2021, for the plan year in which such week begins— ‘‘(1) such individual shall be treated as meeting the require- ments of subsection (b)(2), and ‘‘(2) for purposes of subsections (c) and (d), there shall not be taken into account any household income of the indi- vidual in excess of 133 percent of the poverty line for a family of the size involved.’’. (b) EFFECTIVE DATE.—The amendment made by this section shall apply to plan years beginning after December 31, 2020. Subtitle E—Testing SEC. 2401. FUNDING FOR COVID–19 TESTING, CONTACT TRACING, AND MITIGATION ACTIVITIES. (a) IN GENERAL.—In addition to amounts otherwise available, there is appropriated to the Secretary of Health and Human Serv- ices (in this subtitle referred to as the ‘‘Secretary’’) for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $47,800,000,000, to remain available until expended, to carry out activities to detect, diagnose, trace, and monitor SARS–CoV–2 and COVID–19 infections and related strategies to mitigate the spread of COVID–19. (b) USE OF FUNDS.—From amounts appropriated by subsection (a), the Secretary shall— (1) implement a national, evidence-based strategy for testing, contact tracing, surveillance, and mitigation with respect to SARS–CoV–2 and COVID–19, including through activities authorized under section 319(a) of the Public Health Service Act; (2) provide technical assistance, guidance, and support, and award grants or cooperative agreements to State, local, and territorial public health departments for activities to detect, diagnose, trace, and monitor SARS–CoV–2 and COVID–19 infections and related strategies and activities to mitigate the spread of COVID–19; (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 production of diagnostics and ancillary medical products and supplies where the Secretary determines that such an investment is necessary to ensure the production of sufficient amounts of such supplies; (4) establish and expand Federal, State, local, and terri- torial testing and contact tracing capabilities, including— (A) through investments in laboratory capacity, such as— (i) academic and research laboratories, or other laboratories that could be used for processing of COVID–19 testing; H. R. 1319—38 (ii) community-based testing sites and community- based organizations; or (iii) mobile health units, particularly in medically underserved areas; and (B) with respect to quarantine and isolation of contacts; (5) enhance information technology, data modernization, and reporting, including improvements necessary to support sharing of data related to public health capabilities; (6) award grants to, or enter into cooperative agreements or contracts with, State, local, and territorial public health departments to establish, expand, and sustain a public health workforce; and (7) to cover administrative and program support costs nec- essary to conduct activities related to subparagraph (a). SEC. 2402. FUNDING FOR SARS–COV–2 GENOMIC SEQUENCING AND SURVEILLANCE. (a) IN GENERAL.—In addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2021 out of any money in the Treasury not otherwise appropriated, $1,750,000,000, to remain available until expended, to strengthen and expand activities and workforce related to genomic sequencing, analytics, and disease surveillance. (b) USE OF FUNDS.—From amounts appropriated by subsection (a), the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall— (1) conduct, expand, and improve activities to sequence genomes, identify mutations, and survey the circulation and transmission of viruses and other organisms, including strains of SARS–CoV–2; (2) award grants or cooperative agreements to State, local, Tribal, or territorial public health departments or public health laboratories— (A) to increase their capacity to sequence genomes of circulating strains of viruses and other organisms, including SARS–CoV–2; (B) to identify mutations in viruses and other orga- nisms, including SARS–CoV–2; (C) to use genomic sequencing to identify outbreaks and clusters of diseases or infections, including COVID– 19; and (D) to develop effective disease response strategies based on genomic sequencing and surveillance data; (3) enhance and expand the informatics capabilities of the public health workforce; and (4) award grants for the construction, alteration, or renova- tion of facilities to improve genomic sequencing and surveillance capabilities at the State and local level. SEC. 2403. FUNDING FOR GLOBAL HEALTH. In addition to amounts otherwise available, there is appro- priated to the Secretary for fiscal year 2021, out of any amounts in the Treasury not otherwise appropriated, $750,000,000, to remain available until expended, for activities to be conducted acting through the Director of the Centers for Disease Control and Preven- tion to combat SARS–CoV–2, COVID–19, and other emerging infec- tious disease threats globally, including efforts related to global health security, global disease detection and response, global health H. R. 1319—39 protection, global immunization, and global coordination on public health. SEC. 2404. FUNDING FOR DATA MODERNIZATION AND FORECASTING CENTER. In addition to amounts otherwise available, there is appro- priated to the Secretary for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $500,000,000, to remain available until expended, for activities to be conducted acting through the Director of the Centers for Disease Control and Preven- tion to support public health data surveillance and analytics infra- structure modernization initiatives at the Centers for Disease Con- trol and Prevention, and establish, expand, and maintain efforts to modernize the United States disease warning system to forecast and track hotspots for COVID–19, its variants, and emerging biological threats, including academic and workforce support for analytics and informatics infrastructure and data collection systems. Subtitle F—Public Health Workforce SEC. 2501. FUNDING FOR PUBLIC HEALTH WORKFORCE. (a) IN GENERAL.—In addition to amounts otherwise available, there is appropriated to the Secretary of Health and Human Serv- ices (in this subtitle referred to as the ‘‘Secretary’’) for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $7,660,000,000, to remain available until expended, to carry out activities related to establishing, expanding, and sustaining a public health workforce, including by making awards to State, local, and territorial public health departments. (b) USE OF FUNDS FOR PUBLIC HEALTH DEPARTMENTS.— Amounts made available to an awardee pursuant to subsection (a) shall be used for the following: (1) Costs, including wages and benefits, related to the recruiting, hiring, and training of individuals— (A) to serve as case investigators, contact tracers, social support specialists, community health workers, public health nurses, disease intervention specialists, epidemiolo- gists, program managers, laboratory personnel, informaticians, communication and policy experts, and any other positions as may be required to prevent, prepare for, and respond to COVID–19; and (B) who are employed by— (i) the State, territorial, or local public health department involved; or (ii) a nonprofit private or public organization with demonstrated expertise in implementing public health programs and established relationships with such State, territorial, or local public health departments, particularly in medically underserved areas. (2) Personal protective equipment, data management and other technology, or other necessary supplies. (3) Administrative costs and activities necessary for awardees to implement activities funded under this section. (4) Subawards from recipients of awards under subsection (a) to local health departments for the purposes of the activities funded under this section. H. R. 1319—40 SEC. 2502. FUNDING FOR MEDICAL RESERVE CORPS. In addition to amounts otherwise available, there is appro- priated to the Secretary for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $100,000,000, to remain available until expended, for carrying out section 2813 of the Public Health Service Act (42 U.S.C. 300hh–15). Subtitle G—Public Health Investments SEC. 2601. FUNDING FOR COMMUNITY HEALTH CENTERS AND COMMU- NITY CARE. (a) IN GENERAL.—In addition to amounts otherwise available, there is appropriated to the Secretary of Health and Human Serv- ices (in this subtitle referred to as the ‘‘Secretary’’) for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $7,600,000,000, to remain available until expended, for necessary expenses for awarding grants and cooperative agreements under section 330 of the Public Health Service Act (42 U.S.C. 254b) to be awarded without regard to the time limitation in subsection (e)(3) and subsections (e)(6)(A)(iii), (e)(6)(B)(iii), and (r)(2)(B) of such section 330, and for necessary expenses for awarding grants to Federally qualified health centers, as described in section 1861(aa)(4)(B) of the Social Security Act (42 U.S.C. 1395x(aa)(4)(B)), and for awarding grants or contracts to 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). Of the total amount appropriated by the preceding sentence, not less than $20,000,000 shall be for grants or contracts to 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). (b) USE OF FUNDS.—Amounts made available to an awardee pursuant to subsection (a) shall be used— (1) to plan, prepare for, promote, distribute, administer, and track COVID–19 vaccines, and to carry out other vaccine- related activities; (2) to detect, diagnose, trace, and monitor COVID–19 infec- tions and related activities necessary to mitigate the spread of COVID–19, including activities related to, and equipment or supplies purchased for, testing, contact tracing, surveillance, mitigation, and treatment of COVID–19; (3) to purchase equipment and supplies to conduct mobile testing or vaccinations for COVID–19, to purchase and maintain mobile vehicles and equipment to conduct such testing or vac- cinations, and to hire and train laboratory personnel and other staff to conduct such mobile testing or vaccinations, particularly in medically underserved areas; (4) to establish, expand, and sustain the health care workforce to prevent, prepare for, and respond to COVID– 19, and to carry out other health workforce-related activities; (5) to modify, enhance, and expand health care services and infrastructure; and (6) to conduct community outreach and education activities related to COVID–19. (c) PAST EXPENDITURES.—An awardee may use amounts awarded pursuant to subsection (a) to cover the costs of the awardee carrying out any of the activities described in subsection (b) during H. R. 1319—41 the period beginning on the date of the declaration of a public health emergency by the Secretary under section 319 of the Public Health Service Act (42 U.S.C. 247d) on January 31, 2020, with respect to COVID–19 and ending on the date of such award. SEC. 2602. FUNDING FOR NATIONAL HEALTH SERVICE CORPS. (a) IN GENERAL.—In addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $800,000,000, to remain available until expended, 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. (b) STATE LOAN REPAYMENT PROGRAMS.— (1) IN GENERAL.—Of the amount made available pursuant to subsection (a), $100,000,000 shall be made available for providing primary health services through grants to States under section 338I(a) of the Public Health Service Act (42 U.S.C. 254q–1(a)). (2) CONDITIONS.—With respect to grants described in para- graph (1) using funds made available under such paragraph: (A) Section 338I(b) of the Public Health Service Act (42 U.S.C. 254q–1(b)) shall not apply. (B) Notwithstanding section 338I(d)(2) of the Public Health Service Act (42 U.S.C. 254q–1(d)(2)), not more than 10 percent of an award to a State from such amounts, may be used by the State for costs of administering the State loan repayment program. SEC. 2603. FUNDING FOR NURSE CORPS. In addition to amounts otherwise available, there is appro- priated to the Secretary for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $200,000,000, to remain available until expended, for carrying out section 846 of the Public Health Service Act (42 U.S.C. 297n). SEC. 2604. FUNDING FOR TEACHING HEALTH CENTERS THAT OPERATE GRADUATE MEDICAL EDUCATION. (a) IN GENERAL.—In addition to amounts otherwise available, and notwithstanding the capped amount referenced in sections 340H(b)(2) and 340H(d)(2) of the Public Health Service Act (42 U.S.C. 256h(b)(2) and (d)(2)), there is appropriated to the Secretary for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $330,000,000, to remain available until September 30, 2023, for the program of payments to teaching health centers that operate graduate medical education under section 340H of the Public Health Service Act (42 U.S.C. 256h) and for teaching health center development grants authorized under section 749A of the Public Health Service Act (42 U.S.C. 293l–1). (b) USE OF FUNDS.—Amounts made available pursuant to sub- section (a) shall be used for the following activities: (1) For making payments to establish new approved grad- uate medical residency training programs pursuant to section 340H(a)(1)(C) of the Public Health Service Act (42 U.S.C. 256h(a)(1)(C)). (2) To provide an increase to the per resident amount described in section 340H(a)(2) of the Public Health Service Act (42 U.S.C. 256h(a)(2)) of $10,000. H. R. 1319—42 (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 qualified teaching health centers for maintenance of filled posi- tions at existing approved graduate medical residency training programs. (4) For making payments under section 340H(a)(1)(B) of the Public Health Service Act (42 U.S.C. 256h(a)(1)(B)) for the expansion of existing approved graduate medical residency training programs. (5) For making awards under section 749A of the Public Health Service Act (42 U.S.C. 293l–1) to teaching health centers for the purpose of establishing new accredited or expanded primary care residency programs. (6) To cover administrative costs and activities necessary for qualified teaching health centers receiving payments under section 340H of the Public Health Service Act (42 U.S.C. 256h) to carry out activities under such section. SEC. 2605. FUNDING FOR FAMILY PLANNING. In addition to amounts otherwise available, there is appro- priated to the Secretary for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $50,000,000, to remain available until expended, for necessary expenses for making grants and contracts under section 1001 of the Public Health Service Act (42 U.S.C. 300). Subtitle H—Mental Health and Substance Use Disorder SEC. 2701. FUNDING FOR BLOCK GRANTS FOR COMMUNITY MENTAL HEALTH SERVICES. In addition to amounts otherwise available, there is appro- priated to the Secretary of Health and Human Services (in this subtitle referred to as the ‘‘Secretary’’) for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $1,500,000,000, to remain available until expended, for carrying out subpart I of part B of title XIX of the Public Health Service Act (42 U.S.C. 300x et seq.), subpart III of part B of title XIX of such Act (42 U.S.C. 300x–51 et seq.), and section 505(c) of such Act (42 U.S.C. 290aa–4(c)) with respect to mental health. Notwithstanding section 1952 of the Public Health Service Act (42 U.S.C. 300x–62), any amount awarded to a State out of amounts appropriated by this section shall be expended by the State by September 30, 2025. SEC. 2702. FUNDING FOR BLOCK GRANTS FOR PREVENTION AND TREATMENT OF SUBSTANCE ABUSE. In addition to amounts otherwise available, there is appro- priated to the Secretary for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $1,500,000,000, to remain available until expended, for carrying out subpart II of part B of title XIX of the Public Health Service Act (42 U.S.C. 300x–21 et seq.), subpart III of part B of title XIX of such Act (42 U.S.C. 300x–51 et seq.), section 505(d) of such Act (42 U.S.C. 290aa–4(d)) with respect to substance abuse, and section 515(d) of such Act (42 U.S.C. 290bb–21(d)). Notwithstanding section 1952 H. R. 1319—43 of the Public Health Service Act (42 U.S.C. 300x–62), any amount awarded to a State out of amounts appropriated by this section shall be expended by the State by September 30, 2025. SEC. 2703. FUNDING FOR MENTAL HEALTH AND SUBSTANCE USE DIS- ORDER TRAINING FOR HEALTH CARE PROFESSIONALS, PARAPROFESSIONALS, AND PUBLIC SAFETY OFFICERS. (a) IN GENERAL.—In addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $80,000,000, to remain available until expended, for the purpose described in subsection (b). (b) USE OF FUNDING.—The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall, taking into consideration the needs of rural and medically underserved communities, use amounts appropriated by subsection (a) to award grants or contracts to health professions schools, aca- demic health centers, State or local governments, Indian Tribes and Tribal organizations, or other appropriate public or private nonprofit entities (or consortia of entities, including entities pro- moting multidisciplinary approaches), to plan, develop, operate, or participate in health professions and nursing training activities for health care students, residents, professionals, paraprofessionals, trainees, and public safety officers, and employers of such individ- uals, in evidence-informed strategies for reducing and addressing suicide, burnout, mental health conditions, and substance use dis- orders among health care professionals. SEC. 2704. FUNDING FOR EDUCATION AND AWARENESS CAMPAIGN ENCOURAGING HEALTHY WORK CONDITIONS AND USE OF MENTAL HEALTH AND SUBSTANCE USE DISORDER SERV- ICES BY HEALTH CARE PROFESSIONALS. (a) IN GENERAL.—In addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $20,000,000, to remain available until expended, for the purpose described in subsection (b). (b) USE OF FUNDS.—The Secretary, acting through the Director of the Centers for Disease Control and Prevention and in consulta- tion with the medical professional community, shall use amounts appropriated by subsection (a) to carry out a national evidence- based education and awareness campaign directed at health care professionals and first responders (such as emergency medical service providers), and employers of such professionals and first responders. Such awareness campaign shall— (1) encourage primary prevention of mental health condi- tions and substance use disorders and secondary and tertiary prevention by encouraging health care professionals to seek support and treatment for their own mental health and sub- stance use concerns; and (2) help such professionals to identify risk factors in them- selves and others and respond to such risks. SEC. 2705. FUNDING FOR GRANTS FOR HEALTH CARE PROVIDERS TO PROMOTE MENTAL HEALTH AMONG THEIR HEALTH PROFESSIONAL WORKFORCE. (a) IN GENERAL.—In addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2021, out H. R. 1319—44 of any money in the Treasury not otherwise appropriated, $40,000,000, to remain available until expended, for the purpose described in subsection (b). (b) USE OF FUNDS.—The Secretary, acting through the Adminis- trator of the Health Resources and Services Administration, shall, taking into consideration the needs of rural and medically under- served communities, use amounts appropriated by subsection (a) to award grants or contracts to entities providing health care, including health care providers associations and Federally qualified health centers, to establish, enhance, or expand evidence-informed programs or protocols to promote mental health among their pro- viders, other personnel, and members. SEC. 2706. FUNDING FOR COMMUNITY-BASED FUNDING FOR LOCAL SUBSTANCE USE DISORDER SERVICES. (a) IN GENERAL.—In addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $30,000,000, to remain available until expended, to carry out the purpose described in subsection (b). (b) USE OF FUNDS.— (1) IN GENERAL.—The Secretary, acting through the Assist- ant Secretary for Mental Health and Substance Use and in consultation with the Director of the Centers for Disease Con- trol and Prevention, shall award grants to support States; local, Tribal, and territorial governments; Tribal organizations; nonprofit community-based organizations; and primary and behavioral health organizations to support community-based overdose prevention programs, syringe services programs, and other harm reduction services. (2) USE OF GRANT FUNDS.—Grant funds awarded under this section to eligible entities shall be used for preventing and controlling the spread of infectious diseases and the con- sequences of such diseases for individuals with substance use disorder, distributing opioid overdose reversal medication to individuals at risk of overdose, connecting individuals at risk for, or with, a substance use disorder to overdose education, counseling, and health education, and encouraging such individ- uals to take steps to reduce the negative personal and public health impacts of substance use or misuse. SEC. 2707. FUNDING FOR COMMUNITY-BASED FUNDING FOR LOCAL BEHAVIORAL HEALTH NEEDS. (a) IN GENERAL.—In addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $50,000,000, to remain available until expended, to carry out the purpose described in subsection (b). (b) USE OF FUNDS.— (1) IN GENERAL.—The Secretary, acting through the Assist- ant Secretary for Mental Health and Substance Use, shall award grants to State, local, Tribal, and territorial govern- ments, Tribal organizations, nonprofit community-based enti- ties, and primary care and behavioral health organizations to address increased community behavioral health needs wors- ened by the COVID–19 public health emergency. (2) USE OF GRANT FUNDS.—Grant funds awarded under this section to eligible entities shall be used for promoting H. R. 1319—45 care coordination among local entities; training the mental and behavioral health workforce, relevant stakeholders, and community members; expanding evidence-based integrated models of care; addressing surge capacity for mental and behav- ioral health needs; providing mental and behavioral health services to individuals with mental health needs (including co-occurring substance use disorders) as delivered by behavioral and mental health professionals utilizing telehealth services; and supporting, enhancing, or expanding mental and behavioral health preventive and crisis intervention services. SEC. 2708. FUNDING FOR THE NATIONAL CHILD TRAUMATIC STRESS NETWORK. In addition to amounts otherwise available, there is appro- priated to the Secretary for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $10,000,000, to remain available until expended, for carrying out section 582 of the Public Health Service Act (42 U.S.C. 290hh–1) with respect to addressing the problem of high-risk or medically underserved persons who experience violence-related stress. SEC. 2709. FUNDING FOR PROJECT AWARE. In addition to amounts otherwise available, there is appro- priated to the Secretary for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $30,000,000, to remain available until expended, for carrying out section 520A of the Public Health Service Act (42 U.S.C. 290bb–32) with respect to advancing wellness and resiliency in education. SEC. 2710. FUNDING FOR YOUTH SUICIDE PREVENTION. In addition to amounts otherwise available, there is appro- priated to the Secretary for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $20,000,000, to remain available until expended, for carrying out sections 520E and 520E– 2 of the Public Health Service Act (42 U.S.C. 290bb–36, 290bb– 36b). SEC. 2711. FUNDING FOR BEHAVIORAL HEALTH WORKFORCE EDU- CATION AND TRAINING. In addition to amounts otherwise available, there is appro- priated to the Secretary for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $100,000,000, to remain available until expended, for carrying out section 756 of the Public Health Service Act (42 U.S.C. 294e–1). SEC. 2712. FUNDING FOR PEDIATRIC MENTAL HEALTH CARE ACCESS. In addition to amounts otherwise available, there is appro- priated to the Secretary for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $80,000,000, to remain available until expended, for carrying out section 330M of the Public Health Service Act (42 U.S.C. 254c–19). SEC. 2713. FUNDING FOR EXPANSION GRANTS FOR CERTIFIED COMMU- NITY BEHAVIORAL HEALTH CLINICS. In addition to amounts otherwise available, there is appro- priated to the Secretary, acting through the Assistant Secretary for Mental Health and Substance Use, for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $420,000,000, to remain available until expended, for grants to H. R. 1319—46 communities and community organizations that meet the criteria for Certified Community Behavioral Health Clinics pursuant to section 223(a) of the Protecting Access to Medicare Act of 2014 (42 U.S.C. 1396a note). Subtitle I—Exchange Grant Program SEC. 2801. ESTABLISHING A GRANT PROGRAM FOR EXCHANGE MOD- ERNIZATION. (a) IN GENERAL.—Out of funds appropriated under subsection (b), the Secretary of Health and Human Services (in this subtitle referred to as the ‘‘Secretary’’) shall award grants to each American Health Benefits Exchange established under section 1311(b) of the Patient Protection and Affordable Care Act (42 U.S.C. 18031(b)) (other than an Exchange established by the Secretary under section 1321(c) of such Act (42 U.S.C. 18041(c))) that submits to the Sec- retary an application at such time and in such manner, and con- taining such information, as specified by the Secretary, for purposes of enabling such Exchange to modernize or update any system, program, or technology utilized by such Exchange to ensure such Exchange is compliant with all applicable requirements. (b) FUNDING.—In addition to amounts otherwise available, there is appropriated, for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $20,000,000, to remain avail- able until September 30, 2022, for carrying out this section. Subtitle J—Continued Assistance to Rail Workers SEC. 2901. ADDITIONAL ENHANCED BENEFITS UNDER THE RAILROAD UNEMPLOYMENT INSURANCE ACT. (a) IN GENERAL.—Section 2(a)(5)(A) of the Railroad Unemploy- ment Insurance Act (45 U.S.C. 352(a)(5)(A)) is amended— (1) in the first sentence— (A) by striking ‘‘March 14, 2021’’ and inserting ‘‘Sep- tember 6, 2021’’; (B) by striking ‘‘or July 1, 2020’’ and inserting ‘‘July 1, 2020, or July 1, 2021’’; and (2) in the fourth sentence, by striking ‘‘March 14, 2021’’ and inserting ‘‘September 6, 2021’’. (b) CLARIFICATION ON AUTHORITY TO USE FUNDS.—Funds appropriated under subparagraph (B) of section 2(a)(5) of the Rail- road Unemployment Insurance Act (45 U.S.C. 352(a)(5)) shall be available to cover the cost of recovery benefits provided under such section 2(a)(5) by reason of the amendments made by sub- section (a) as well as to cover the cost of such benefits provided under such section 2(a)(5) as in effect on the day before the date of enactment of this Act. SEC. 2902. EXTENDED UNEMPLOYMENT BENEFITS UNDER THE RAIL- ROAD UNEMPLOYMENT INSURANCE ACT. (a) IN GENERAL.—Section 2(c)(2)(D) of the Railroad Unemploy- ment Insurance Act (45 U.S.C. 352(c)(2)(D)) is amended— (1) in clause (i)— H. R. 1319—47 (A) in subclause (I), by striking ‘‘185 days’’ and inserting ‘‘330 days’’; (B) in subclause (II), (i) by striking ‘‘19 consecutive 14-day periods’’ and inserting ‘‘33 consecutive 14-day periods’’; and (ii) by striking ‘‘6 consecutive 14-day periods’’ and inserting ‘‘20 consecutive 14-day periods’’; (2) in clause (ii)— (A) by striking ‘‘120 days of unemployment’’ and inserting ‘‘265 days of unemployment’’; (B) by striking ‘‘12 consecutive 14-day periods’’ and inserting ‘‘27 consecutive 14-day periods’’; and (C) by striking ‘‘6 consecutive 14-day periods’’ and inserting ‘‘20 consecutive 14-day periods’’; (3) in clause (iii)— (A) by striking ‘‘June 30, 2021’’ and inserting ‘‘June 30, 2022’’; and (B) by striking ‘‘the provisions of clauses (i) and (ii) shall not apply to any employee whose extended benefit period under subparagraph (B) begins after March 14, 2021, and shall not apply to any employee with respect to any registration period beginning after April 5, 2021.’’ and inserting ‘‘the provisions of clauses (i) and (ii) shall not apply to any employee with respect to any registration period beginning after September 6, 2021.’’; and (4) in clause (v), by adding at the end the following: ‘‘In addition to the amount appropriated by the preceding two sentences, out of any funds in the Treasury not otherwise appropriated, there are appropriated $2,000,000 to cover the cost of additional extended unemployment benefits provided under this subparagraph, to remain available until expended.’’. (b) CLARIFICATION ON AUTHORITY TO USE FUNDS.—Funds appropriated under the first, second, or third sentence of clause (v) of section 2(c)(2)(D) of the Railroad Unemployment Insurance Act shall be available to cover the cost of additional extended unemployment benefits provided under such section 2(c)(2)(D) by reason of the amendments made by subsection (a) as well as to cover the cost of such benefits provided under such section 2(c)(2)(D) as in effect on the day before the date of enactment of this Act. SEC. 2903. EXTENSION OF WAIVER OF THE 7-DAY WAITING PERIOD FOR BENEFITS UNDER THE RAILROAD UNEMPLOYMENT INSURANCE ACT. (a) IN GENERAL.—Section 2112(a) of the CARES Act (15 U.S.C. 9030(a)) is amended by striking ‘‘March 14, 2021’’ and inserting ‘‘September 6, 2021’’. (b) CLARIFICATION ON AUTHORITY TO USE FUNDS.—Funds appropriated under section 2112(c) of the CARES Act (15 U.S.C. 9030(c)) shall be available to cover the cost of additional benefits payable due to section 2112(a) of such Act by reason of the amend- ments made by subsection (a) as well as to cover the cost of such benefits payable due to such section 2112(a) as in effect on the day before the date of enactment of this Act. H. R. 1319—48 SEC. 2904. RAILROAD RETIREMENT BOARD AND OFFICE OF THE INSPECTOR GENERAL FUNDING. In addition to amounts otherwise made available, there are appropriated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated— (1) $27,975,000, to remain available until expended, for the Railroad Retirement Board, to prevent, prepare for, and respond to coronavirus, of which— (A) $6,800,000 shall be for additional hiring and over- time bonuses as needed to administer the Railroad Unemployment Insurance Act; and (B) $21,175,000 shall be to supplement, not supplant, existing resources devoted to operations and improvements for the Information Technology Investment Initiatives of the Railroad Retirement Board; and (2) $500,000, to remain available until expended, for the Railroad Retirement Board Office of Inspector General for audit, investigatory and review activities. Subtitle K—Ratepayer Protection SEC. 2911. FUNDING FOR LIHEAP. In addition to amounts otherwise available, there is appro- priated for fiscal year 2021, out of any amounts in the Treasury not otherwise appropriated, $4,500,000,000, to remain available through September 30, 2022, for additional funding to provide pay- ments under section 2602(b) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621(b)), except that— (1) $2,250,000,000 of such amounts shall be allocated as though the total appropriation for such payments for fiscal year 2021 was less than $1,975,000,000; and (2) section 2607(b)(2)(B) of such Act (42 U.S.C. 8626(b)(2)(B)) shall not apply to funds appropriated under this section for fiscal year 2021. SEC. 2912. FUNDING FOR WATER ASSISTANCE PROGRAM. (a) IN GENERAL.—In addition to amounts otherwise available, there is appropriated to the Secretary of Health and Human Serv- ices (in this section referred to as the ‘‘Secretary’’) for fiscal year 2021, out of any amounts in the Treasury not otherwise appro- priated, $500,000,000, to remain available until expended, for grants to States and Indian Tribes to assist low-income households, particularly those with the lowest incomes, that pay a high propor- tion of household income for drinking water and wastewater serv- ices, by providing funds to owners or operators of public water systems or treatment works to reduce arrearages of and rates charged to such households for such services. (b) ALLOTMENT.—The Secretary shall— (1) allot amounts appropriated in this section to a State or Indian Tribe based on— (A) the percentage of households in the State, or under the jurisdiction of the Indian Tribe, with income equal or less than 150 percent of the Federal poverty line; and (B) the percentage of households in the State, or under the jurisdiction of the Indian Tribe, that spend more than 30 percent of monthly income on housing; and H. R. 1319—49 (2) reserve up to 3 percent of the amount appropriated in this section for Indian Tribes and tribal organizations. (c) DEFINITION.—In this section, the term ‘‘State’’ means each of the 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. Subtitle L—Assistance for Older Ameri- cans, Grandfamilies, and Kinship Fami- lies SEC. 2921. SUPPORTING OLDER AMERICANS AND THEIR FAMILIES. (a) APPROPRIATION.—In addition to amounts otherwise avail- able, there is appropriated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $1,434,000,000, to remain available until expended, to carry out the Older Americans Act of 1965. (b) ALLOCATION OF AMOUNTS.—Amounts made available by sub- section (a) shall be available as follows: (1) $750,000,000 shall be available to carry out part C of title III of such Act. (2) $25,000,000 shall be available to carry out title VI of such Act, including part C of such title. (3) $460,000,000 shall be available to carry out part B of title III of such Act, including for— (A) supportive services of the types made available for fiscal year 2020; (B) efforts related to COVID–19 vaccination outreach, including education, communication, transportation, and other activities to facilitate vaccination of older individuals; and (C) prevention and mitigation activities related to COVID–19 focused on addressing extended social isolation among older individuals, including activities for invest- ments in technological equipment and solutions or other strategies aimed at alleviating negative health effects of social isolation due to long-term stay-at-home recommenda- tions for older individuals for the duration of the COVID– 19 public health emergency. (4) $44,000,000 shall be available to carry out part D of title III of such Act. (5) $145,000,000 shall be available to carry out part E of title III of such Act. (6) $10,000,000 shall be available to carry out the long- term care ombudsman program under title VII of such Act. SEC. 2922. NATIONAL TECHNICAL ASSISTANCE CENTER ON GRANDFAMILIES AND KINSHIP FAMILIES. (a) IN GENERAL.—In addition to amounts otherwise available, there is appropriated to the Secretary of Health and Human Serv- ices for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $10,000,000, to remain available through September 30, 2025, for the Secretary, acting through the Adminis- trator of the Administration for Community Living, to establish, H. R. 1319—50 directly or through grants or contracts, a National Technical Assist- ance Center on Grandfamilies and Kinship Families (in this section referred to as the ‘‘Center’’) to provide training, technical assistance, and resources for government programs, nonprofit and other community-based organizations, and Indian Tribes, Tribal organiza- tions, and urban Indian organizations, that serve grandfamilies and kinship families to support the health and well-being of mem- bers of grandfamilies and kinship families, including caregivers, children, and their parents. The Center shall focus primarily on serving grandfamilies and kinship families in which the primary caregiver is an adult age 55 or older, or the child has one or more disabilities. (b) ACTIVITIES OF THE CENTER.—The Center shall— (1) engage experts to stimulate the development of new and identify existing evidence-based, evidence-informed, and exemplary practices or programs related to health promotion (including mental health and substance use disorder treat- ment), education, nutrition, housing, financial needs, legal issues, disability self-determination, caregiver support, and other issues to help serve caregivers, children, and their parents in grandfamilies and kinship families; (2) encourage and support the implementation of the evi- dence-based, evidence-informed, and exemplary practices or programs identified under paragraph (1) to support grandfamilies and kinship families and to promote coordination of services for grandfamilies and kinship families across sys- tems that support them; (3) facilitate learning across States, territories, Indian Tribes, Tribal organizations, and urban Indian organizations for providing technical assistance, resources, and training related to issues described in paragraph (1) to individuals and entities across systems that directly work with grandfamilies and kinship families; (4) help government programs, nonprofit and other commu- nity-based organizations, and Indian Tribes, Tribal organiza- tions, and urban Indian organizations, serving grandfamilies and kinship families, to plan and coordinate responses to assist grandfamilies and kinship families during national, State, Tribal, territorial, and local emergencies and disasters; and (5) assist government programs, and nonprofit and other community-based organizations, in promoting equity and imple- menting culturally and linguistically appropriate approaches as the programs and organizations serve grandfamilies and kinship families. TITLE III—COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS Subtitle A—Defense Production Act of 1950 SEC. 3101. COVID–19 EMERGENCY MEDICAL SUPPLIES ENHANCEMENT. (a) SUPPORTING ENHANCED USE OF THE DEFENSE PRODUCTION ACT OF 1950.—In addition to funds otherwise available, there is appropriated, for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $10,000,000,000, to remain available H. R. 1319—51 until September 30, 2025, to carry out titles I, III, and VII of such Act in accordance with subsection (b). (b) MEDICAL SUPPLIES AND EQUIPMENT.— (1) TESTING, PPE, VACCINES, AND OTHER MATERIALS.— Except as provided in paragraph (2), amounts appropriated in subsection (a) shall be used for the purchase, production (including the construction, repair, and retrofitting of govern- ment-owned or private facilities as necessary), or distribution of medical supplies and equipment (including durable medical equipment) related to combating the COVID–19 pandemic, including— (A) in vitro diagnostic products for the detection of SARS–CoV–2 or the diagnosis of the virus that causes COVID–19, and the reagents and other materials necessary for producing, conducting, or administering such products, and the machinery, equipment, laboratory capacity, or other technology necessary to produce such products; (B) face masks and personal protective equipment, including face shields, nitrile gloves, N–95 filtering face- piece respirators, and any other masks or equipment (including durable medical equipment) needed to respond to the COVID–19 pandemic, and the materials, machinery, additional manufacturing lines or facilities, or other tech- nology necessary to produce such equipment; and (C) drugs, devices, and biological products that are approved, cleared, licensed, or authorized for use in treating or preventing COVID–19 and symptoms related to COVID– 19, and any materials, manufacturing machinery, addi- tional manufacturing or fill-finish lines or facilities, tech- nology, or equipment (including durable medical equip- ment) necessary to produce or use such drugs, biological products, or devices (including syringes, vials, or other supplies or equipment related to delivery, distribution, or administration). (2) RESPONDING TO PUBLIC HEALTH EMERGENCIES.—After September 30, 2022, amounts appropriated in subsection (a) may be used for any activity authorized by paragraph (1), or any other activity necessary to meet critical public health needs of the United States, with respect to any pathogen that the President has determined has the potential for creating a public health emergency. Subtitle B—Housing Provisions SEC. 3201. EMERGENCY RENTAL ASSISTANCE. (a) FUNDING.— (1) APPROPRIATION.—In addition to amounts otherwise available, there is appropriated to the Secretary of the Treasury for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $21,550,000,000, to remain available until September 30, 2027, for making payments to eligible grantees under this section— (2) RESERVATION OF FUNDS.—Of the amount appropriated under paragraph (1), the Secretary shall reserve— (A) $305,000,000 for making payments under this sec- tion to the Commonwealth of Puerto Rico, the United States H. R. 1319—52 Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa; (B) $30,000,000 for costs of the Secretary for the administration of emergency rental assistance programs and technical assistance to recipients of any grants made by the Secretary to provide financial and other assistance to renters; (C) $3,000,000 for administrative expenses of the Inspector General relating to oversight of funds provided in this section; and (D) $2,500,000,000 for payments to high-need grantees as provided in this section. (b) ALLOCATION OF FUNDS TO ELIGIBLE GRANTEES.— (1) ALLOCATION FOR STATES AND UNITS OF LOCAL GOVERN- MENT.— (A) IN GENERAL.—The amount appropriated under paragraph (1) of subsection (a) that remains after the application of paragraph (2) of such subsection shall be allocated to eligible grantees described in subparagraphs (A) and (B) of subsection (f)(1) in the same manner as the amount appropriated under section 501 of subtitle A of title V of division N of the Consolidated Appropriations Act, 2021 (Public Law 116–260) is allocated to States and units of local government under subsection (b)(1) of such section, except that section 501(b) of such subtitle A shall be applied— (i) without regard to clause (i) of paragraph (1)(A); (ii) by deeming the amount appropriated under paragraph (1) of subsection (a) of this Act that remains after the application of paragraph (2) of such subsection to be the amount deemed to apply for purposes of applying clause (ii) of section 501(b)(1)(A) of such sub- title A; (iii) by substituting ‘‘$152,000,000’’ for ‘‘$200,000,000’’ each place such term appears; (iv) in subclause (I) of such section 501(b)(1)(A)(v), by substituting ‘‘under section 3201 of the American Rescue Plan Act of 2021’’ for ‘‘under section 501 of subtitle A of title V of division N of the Consolidated Appropriations Act, 2021’’; and (v) in subclause (II) of such section 501(b)(1)(A)(v), by substituting ‘‘local government elects to receive funds from the Secretary under section 3201 of the American Rescue Plan Act of 2021 and will use the funds in a manner consistent with such section’’ for ‘‘local government elects to receive funds from the Sec- retary under section 501 of subtitle A of title V of division N of the Consolidated Appropriations Act, 2021 and will use the funds in a manner consistent with such section’’. (B) PRO RATA ADJUSTMENT.—The Secretary shall make pro rata adjustments in the amounts of the allocations determined under subparagraph (A) of this paragraph for entities described in such subparagraph as necessary to ensure that the total amount of allocations made pursuant to such subparagraph does not exceed the remainder appro- priated amount described in such subparagraph. H. R. 1319—53 (2) ALLOCATIONS FOR TERRITORIES.—The amount reserved under subsection (a)(2)(A) shall be allocated to eligible grantees described in subsection (f)(1)(C) in the same manner as the amount appropriated under section 501(a)(2)(A) of subtitle A of title V of division N of the Consolidated Appropriations Act, 2021 (Public Law 116–260) is allocated under section 501(b)(3) of such subtitle A to eligible grantees described under subparagraph (C) of such section 501(b)(3), except that section 501(b)(3) of such subtitle A shall be applied— (A) in subparagraph (A), by inserting ‘‘of section 3201 of the American Rescue Plan Act of 2021’’ after ‘‘the amount reserved under subsection (a)(2)(A)’’; and (B) in clause (i) of subparagraph (B), by substituting ‘‘the amount equal to 0.3 percent of the amount appro- priated under subsection (a)(1)’’ with ‘‘the amount equal to 0.3 percent of the amount appropriated under subsection (a)(1) of section 3201 of the American Rescue Plan Act of 2021’’. (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, with the number of very low-income renter households paying more than 50 percent of income on rent or living in substandard or over- crowded conditions, rental market costs, and change in employ- ment since February 2020 used as the factors for allocating funds. (c) PAYMENT SCHEDULE.— (1) IN GENERAL.—The Secretary shall pay all eligible grantees not less than 40 percent of each such eligible grantee’s total allocation provided under subsection (b) within 60 days of enactment of this Act. (2) SUBSEQUENT PAYMENTS.—The Secretary shall pay to eligible grantees additional amounts in tranches up to the full amount of each such eligible grantee’s total allocation in accordance with a procedure established by the Secretary, pro- vided that any such procedure established by the Secretary shall require that an eligible grantee must have obligated not less than 75 percent of the funds already disbursed by the Secretary pursuant to this section prior to disbursement of additional amounts. (d) USE OF FUNDS.— (1) IN GENERAL.—An eligible grantee shall only use the funds provided from payments made under this section as follows: (A) FINANCIAL ASSISTANCE.— (i) IN GENERAL.—Subject to clause (ii) of this subparagraph, funds received by an eligible grantee from payments made under this section shall be used to provide financial assistance to eligible households, not to exceed 18 months, including the payment of— (I) rent; (II) rental arrears; (III) utilities and home energy costs; (IV) utilities and home energy costs arrears; and (V) other expenses related to housing, as defined by the Secretary. H. R. 1319—54 (ii) LIMITATION.—The aggregate amount of finan- cial assistance an eligible household may receive under this section, when combined with financial assistance provided under section 501 of subtitle A of title V of division N of the Consolidated Appropriations Act, 2021 (Public Law 116–260), shall not exceed 18 months. (B) HOUSING STABILITY SERVICES.—Not more than 10 percent of funds received by an eligible grantee from pay- ments made under this section may be used to provide case management and other services intended to help keep households stably housed. (C) ADMINISTRATIVE COSTS.—Not more than 15 percent of the total amount paid to an eligible grantee under this section may be used for administrative costs attributable to providing financial assistance, housing stability services, and other affordable rental housing and eviction prevention activities, including for data collection and reporting requirements related to such funds. (D) OTHER AFFORDABLE RENTAL HOUSING AND EVICTION PREVENTION ACTIVITIES.—An eligible grantee may use any funds from payments made under this section that are unobligated on October 1, 2022, for purposes in addition to those specified in this paragraph, provided that— (i) such other purposes are affordable rental housing and eviction prevention purposes, as defined by the Secretary, serving very low-income families (as such term is defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b))); and (ii) prior to obligating any funds for such purposes, the eligible grantee has obligated not less than 75 percent of the total funds allocated to such eligible grantee in accordance with this section. (2) DISTRIBUTION OF ASSISTANCE.—Amounts appropriated under subsection (a)(1) of this section shall be subject to the same terms and conditions that apply under paragraph (4) of section 501(c) of subtitle A of title V of division N of the Consolidated Appropriations Act, 2021 (Public Law 116–260) to amounts appropriated under subsection (a)(1) of such section 501. (e) REALLOCATION OF FUNDS.— (1) IN GENERAL.—Beginning March 31, 2022, the Secretary shall reallocate funds allocated to eligible grantees in accord- ance with subsection (b) but not yet paid in accordance with subsection (c)(2) according to a procedure established by the Secretary. (2) ELIGIBILITY FOR REALLOCATED FUNDS.—The Secretary shall require an eligible grantee to have obligated 50 percent of the total amount of funds allocated to such eligible grantee under subsection (b) to be eligible to receive funds reallocated under paragraph (1) of this subsection. (3) PAYMENT OF REALLOCATED FUNDS BY THE SECRETARY.— The Secretary shall pay to each eligible grantee eligible for a payment of reallocated funds described in paragraph (2) of this subsection the amount allocated to such eligible grantee in accordance with the procedure established by the Secretary in accordance with paragraph (1) of this subsection. H. R. 1319—55 (4) USE OF REALLOCATED FUNDS.—Eligible grantees may use any funds received in accordance with this subsection only for purposes specified in paragraph (1) of subsection (d). (f) DEFINITIONS.—In this section: (1) ELIGIBLE GRANTEE.—The term ‘‘eligible grantee’’ means any of the following: (A) The 50 States of the United States and the District of Columbia. (B) A unit of local government (as defined in paragraph (5)). (C) The Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa. (2) ELIGIBLE HOUSEHOLD.—The term ‘‘eligible household’’ means a household of 1 or more individuals who are obligated to pay rent on a residential dwelling and with respect to which the eligible grantee involved determines that— (A) 1 or more individuals within the household has— (i) qualified for unemployment benefits; or (ii) experienced a reduction in household income, incurred significant costs, or experienced other finan- cial hardship during or due, directly or indirectly, to the coronavirus pandemic; (B) 1 or more individuals within the household can demonstrate a risk of experiencing homelessness or housing instability; and (C) the household is a low-income family (as such term is defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)). (3) INSPECTOR GENERAL.—The term ‘‘Inspector General’’ means the Inspector General of the Department of the Treasury. (4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Treasury. (5) UNIT OF LOCAL GOVERNMENT.—The term ‘‘unit of local government’’ has the meaning given such term in section 501 of subtitle A of title V of division N of the Consolidated Appro- priations Act, 2021 (Public Law 116–260). (g) AVAILABILITY.—Funds provided to an eligible grantee under a payment made under this section shall remain available through September 30, 2025. (h) EXTENSION OF AVAILABILITY UNDER PROGRAM FOR EXISTING FUNDING.—Paragraph (1) of section 501(e) of subtitle A of title V of division N of the Consolidated Appropriations Act, 2021 (Public Law 116–260) is amended by striking ‘‘December 31, 2021’’ and inserting ‘‘September 30, 2022’’. SEC. 3202. EMERGENCY HOUSING VOUCHERS. (a) APPROPRIATION.—In addition to amounts otherwise avail- able, there is appropriated to the Secretary of Housing and Urban Development (in this section referred to as the ‘‘Secretary’’) for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $5,000,000,000, to remain available until September 30, 2030, for— (1) incremental emergency vouchers under subsection (b); (2) renewals of the vouchers under subsection (b); H. R. 1319—56 (3) fees for the costs of administering vouchers under sub- section (b) and other eligible expenses defined by notice to prevent, prepare, and respond to coronavirus to facilitate the leasing of the emergency vouchers, such as security deposit assistance and other costs related to retention and support of participating owners; and (4) adjustments in the calendar year 2021 section 8 renewal funding allocation, including mainstream vouchers, for public housing agencies that experience a significant increase in voucher per-unit costs due to extraordinary circumstances or that, despite taking reasonable cost savings measures, would otherwise be required to terminate rental assistance for families as a result of insufficient funding. (b) EMERGENCY VOUCHERS.— (1) IN GENERAL.—The Secretary shall provide emergency rental assistance vouchers under subsection (a), which shall be tenant-based rental assistance under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)). (2) QUALIFYING INDIVIDUALS OR FAMILIES DEFINED.—For the purposes of this section, qualifying individuals or families are those who are— (A) homeless (as such term is defined in section 103(a) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302(a)); (B) at risk of homelessness (as such term is defined in section 401(1) of the McKinney-Vento Homeless Assist- ance Act (42 U.S.C. 11360(1))); (C) fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking, or human traf- ficking, as defined by the Secretary; or (D) recently homeless, as determined by the Secretary, and for whom providing rental assistance will prevent the family’s homelessness or having high risk of housing insta- bility. (3) ALLOCATION.—The Secretary shall notify public housing agencies of the number of emergency vouchers provided under this section to be allocated to the agency not later than 60 days after the date of the enactment of this Act, in accordance with a formula that includes public housing agency capacity and ensures geographic diversity, including with respect to rural areas, among public housing agencies administering the Housing Choice Voucher program. (4) TERMS AND CONDITIONS.— (A) ELECTION TO ADMINISTER.—The Secretary shall establish a procedure for public housing agencies to accept or decline the emergency vouchers allocated to the agency in accordance with the formula under subparagraph (3). (B) FAILURE TO USE VOUCHERS PROMPTLY.—If a public housing agency fails to lease its authorized vouchers under subsection (b) on behalf of eligible families within a reason- able period of time, the Secretary may revoke and redis- tribute any unleased vouchers and associated funds, including administrative fees and costs referred to in sub- section (a)(3), to other public housing agencies according to the formula under paragraph (3). (5) WAIVERS AND ALTERNATIVE REQUIREMENTS.—The Sec- retary may waive or specify alternative requirements for any H. R. 1319—57 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. (6) TERMINATION OF VOUCHERS UPON TURNOVER.—After September 30, 2023, a public housing agency may not reissue any vouchers made available under this section when assistance for the family assisted ends. (c) TECHNICAL ASSISTANCE AND OTHER COSTS.—The Secretary may use not more $20,000,000 of the amounts made available under this section for the costs to the Secretary of administering and overseeing the implementation of this section and the Housing Choice Voucher program generally, including information tech- nology, financial reporting, and other costs. Of the amounts set aside under this subsection, the Secretary may use not more than $10,000,000, without competition, to make new awards or increase prior awards to existing technical assistance providers to provide an immediate increase in capacity building and technical assistance to public housing agencies. (d) IMPLEMENTATION.—The Secretary may implement the provi- sions of this section by notice. SEC. 3203. EMERGENCY ASSISTANCE FOR RURAL HOUSING. In addition to amounts otherwise available, there is appro- priated to the Secretary of Agriculture for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $100,000,000, to remain available until September 30, 2022, to provide grants under section 521(a)(2) of the Housing Act of 1949 or agreements entered into in lieu of debt forgiveness or payments for eligible households as authorized by section 502(c)(5)(D) of the Housing Act of 1949, for temporary adjustment of income losses for residents of housing financed or assisted under section 514, 515, or 516 of the Housing Act of 1949 who have experienced income loss but are not currently receiving Federal rental assist- ance. SEC. 3204. HOUSING COUNSELING. (a) APPROPRIATION.—In addition to amounts otherwise avail- able, there is appropriated to the Neighborhood Reinvestment Cor- poration (in this section referred to as the ‘‘Corporation’’) for fiscal year 2021, out of any money in the Treasury not otherwise appro- priated, $100,000,000, to remain available until September 30, 2025, for grants to housing counseling intermediaries approved by the Department of Housing and Urban Development, State housing finance agencies, and NeighborWorks organizations for providing housing counseling services, as authorized under the Neighborhood Reinvestment Corporation Act (42 U.S.C. 8101–8107) and consistent with the discretion set forth in section 606(a)(5) of such Act (42 U.S.C. 8105(a)(5)) to design and administer grant programs. Of the grant funds made available under this subsection, not less than 40 percent shall be provided to counseling organizations that— (1) target housing counseling services to minority and low- income populations facing housing instability; or (2) provide housing counseling services in neighborhoods having high concentrations of minority and low-income popu- lations. H. R. 1319—58 (b) LIMITATION.—The aggregate amount provided to NeighborWorks organizations under this section shall not exceed 15 percent of the total of grant funds made available by subsection (a). (c) ADMINISTRATION AND OVERSIGHT.—The Corporation may retain a portion of the amounts provided under this section, in a proportion consistent with its standard rate for program adminis- tration in order to cover its expenses related to program administra- tion and oversight. (d) HOUSING COUNSELING SERVICES DEFINED.— For the pur- poses of this section, the term ‘‘housing counseling services’’ means— (1) housing counseling provided directly to households facing housing instability, such as eviction, default, foreclosure, loss of income, or homelessness; (2) education, outreach, training, technology upgrades, and other program related support; and (3) operational oversight funding for grantees and sub- grantees that receive funds under this section. SEC. 3205. HOMELESSNESS ASSISTANCE AND SUPPORTIVE SERVICES PROGRAM. (a) APPROPRIATION.—In addition to amounts otherwise avail- able, there is appropriated to the Secretary of Housing and Urban Development (in this section referred to as the ‘‘Secretary’’) for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $5,000,000,000, to remain available until September 30, 2025, except that amounts authorized under subsection (d)(3) shall remain available until September 30, 2029, for assistance under title II of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12721 et seq.) for the following activities to primarily benefit qualifying individuals or families: (1) Tenant-based rental assistance. (2) The development and support of affordable housing pursuant to section 212(a) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12742(a)) (‘‘the Act’’ herein). (3) Supportive services to qualifying individuals or families not already receiving such supportive services, including— (A) activities listed in section 401(29) of the McKinney- Vento Homeless Assistance Act (42 U.S.C. 11360(29)); (B) housing counseling; and (C) homeless prevention services. (4) The acquisition and development of non-congregate shelter units, all or a portion of which may— (A) be converted to permanent affordable housing; (B) be used as emergency shelter under subtitle B of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11371–11378); (C) be converted to permanent housing under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381–11389); or (D) remain as non-congregate shelter units. (b) QUALIFYING INDIVIDUALS OR FAMILIES DEFINED.—For the purposes of this section, qualifying individuals or families are those who are— (1) homeless, as defined in section 103(a) of the McKinney- Vento Homeless Assistance Act (42 U.S.C. 11302(a)); H. R. 1319—59 (2) at-risk of homelessness, as defined in section 401(1) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360(1)); (3) fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking, or human trafficking, as defined by the Secretary; (4) in other populations where providing supportive services or assistance under section 212(a) of the Act (42 U.S.C. 12742(a)) would prevent the family’s homelessness or would serve those with the greatest risk of housing instability; or (5) veterans and families that include a veteran family member that meet one of the preceding criteria. (c) TERMS AND CONDITIONS.— (1) FUNDING RESTRICTIONS.—The cost limits in section 212(e) (42 U.S.C. 12742(e)), the commitment requirements in section 218(g) (42 U.S.C. 12748(g)), the matching requirements in section 220 (42 U.S.C. 12750), and the set-aside for housing developed, sponsored, or owned by community housing develop- ment organizations required in section 231 of the Act (42 U.S.C. 12771) shall not apply for amounts made available in this section. (2) ADMINISTRATIVE COSTS.— Notwithstanding sections 212(c) and (d)(1) of the Act (42 U.S.C. 12742(c) and (d)(1)), of the funds made available in this section for carrying out activities authorized in this section, a grantee may use up to fifteen percent of its allocation for administrative and plan- ning costs. (3) OPERATING EXPENSES.—Notwithstanding sections 212(a) and (g) of the Act (42 U.S.C. 12742(a) and (g)), a grantee may use up to an additional five percent of its allocation for the payment of operating expenses of community housing development organizations and nonprofit organizations carrying out activities authorized under this section, but only if— (A) such funds are used to develop the capacity of the community housing development organization or non- profit organization in the jurisdiction or insular area to carry out activities authorized under this section; and (B) the community housing development organization or nonprofit organization complies with the limitation on assistance in section 234(b) of the Act (42 U.S.C. 12774(b)). (4) CONTRACTING.—A grantee, when contracting with service providers engaged directly in the provision of services under paragraph (a)(3), shall, to the extent practicable, enter into contracts in amounts that cover the actual total program costs and administrative overhead to provide the services con- tracted. (d) ALLOCATION.— (1) FORMULA ASSISTANCE.—Except as provided in para- graphs (2) and (3), the Secretary shall allocate amounts made available under this section pursuant to section 217 of the Act (42 U.S.C. 12747) to grantees that received allocations pursuant to that same formula in fiscal year 2021, and shall make such allocations within 30 days of enactment of this Act. (2) TECHNICAL ASSISTANCE.—Up to $25,000,000 of the amounts made available under this section shall be used, with- out competition, to make new awards or increase prior awards H. R. 1319—60 to existing technical assistance providers to provide an imme- diate increase in capacity building and technical assistance available to any grantees implementing activities or projects consistent with this section. (3) OTHER COSTS.—Up to $50,000,000 of the amounts made available under this section shall be used for the administrative costs to oversee and administer implementation of this section and the HOME program generally, including information tech- nology, financial reporting, and other costs. (4) WAIVERS OR ALTERNATIVE REQUIREMENTS.—The Sec- retary may waive or specify alternative requirements for any provision of the Cranston-Gonzalez National Affordable 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 administration of the amounts made available under this section 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 section. SEC. 3206. HOMEOWNER ASSISTANCE FUND. (a) APPROPRIATION.—In addition to amounts otherwise avail- able, there is appropriated to the Secretary of the Treasury for the Homeowner Assistance Fund established under subsection (c) for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $9,961,000,000, to remain available until September 30, 2025, for qualified expenses that meet the purposes specified under subsection (c) and expenses described in subsection (d)(1). (b) DEFINITIONS.—In this section: (1) CONFORMING LOAN LIMIT.—The term ‘‘conforming loan limit’’ means the applicable limitation governing the maximum original principal obligation of a mortgage secured by a single- family residence, a mortgage secured by a 2-family residence, a mortgage secured by a 3-family residence, or a mortgage secured by a 4-family residence, as determined and adjusted annually under section 302(b)(2) of the Federal National Mort- gage Association Charter Act (12 U.S.C. 1717(b)(2)) and section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)(2)). (2) DWELLING.—The term ‘‘dwelling’’ means any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more individ- uals. (3) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means— (A) a State; or (B) any entity eligible for payment under subsection (f). (4) MORTGAGE.—The term ‘‘mortgage’’ means any credit transaction— (A) that is secured by a mortgage, deed of trust, or other consensual security interest on a principal residence of a borrower that is (i) a 1- to 4-unit dwelling, or (ii) residential real property that includes a 1- to 4-unit dwelling; and H. R. 1319—61 (B) the unpaid principal balance of which was, at the time of origination, not more than the conforming loan limit. (5) FUND.—The term ‘‘Fund’’ means the Homeowner Assist- ance Fund established under subsection (c). (6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Treasury. (7) STATE.—The term ‘‘State’’ means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mar- iana Islands. (c) ESTABLISHMENT OF FUND.— (1) ESTABLISHMENT; QUALIFIED EXPENSES.—There is estab- lished in the Department of the Treasury a Homeowner Assist- ance Fund to mitigate financial hardships associated with the coronavirus pandemic by providing such funds as are appro- priated by subsection (a) to eligible entities for the purpose of preventing homeowner mortgage delinquencies, defaults, foreclosures, loss of utilities or home energy services, and displacements of homeowners experiencing financial hardship after January 21, 2020, through qualified expenses related to mortgages and housing, which include— (A) mortgage payment assistance; (B) financial assistance to allow a homeowner to reinstate a mortgage or to pay other housing related costs related to a period of forbearance, delinquency, or default; (C) principal reduction; (D) facilitating interest rate reductions; (E) payment assistance for— (i) utilities, including electric, gas, home energy, and water; (ii) internet service, including broadband internet access service, as defined in section 8.1(b) of title 47, Code of Federal Regulations (or any successor regula- tion); (iii) homeowner’s insurance, flood insurance, and mortgage insurance; and (iv) homeowner’s association, condominium association fees, or common charges; (F) reimbursement of funds expended by a State, local government, or designated entity under subsection (f) during the period beginning on January 21, 2020, and ending on the date that the first funds are disbursed by the eligible entity under the Homeowner Assistance Fund, for the purpose of providing housing or utility payment assistance to homeowners or otherwise providing funds to prevent foreclosure or post-foreclosure eviction of a home- owner or prevent mortgage delinquency or loss of housing or utilities as a response to the coronavirus disease (COVID) pandemic; and (G) any other assistance to promote housing stability for homeowners, including preventing mortgage delin- quency, default, foreclosure, post-foreclosure eviction of a homeowner, or the loss of utility or home energy services, as determined by the Secretary. H. R. 1319—62 (2) TARGETING.—Not less than 60 percent of amounts made to each eligible entity allocated amounts under subsection (d) or (f) shall be used for qualified expenses that assist home- owners having incomes equal to or less than 100 percent of the area median income for their household size or equal to or less than 100 percent of the median income for the United States, as determined by the Secretary of Housing and Urban Development, whichever is greater. The eligible entity shall prioritize remaining funds to socially disadvantaged individ- uals. (d) ALLOCATION OF FUNDS.— (1) ADMINISTRATION.—Of any amounts made available under this section, the Secretary shall reserve— (A) to the Department of the Treasury, an amount not to exceed $40,000,000 to administer and oversee the Fund, and to provide technical assistance to eligible entities for the creation and implementation of State and tribal programs to administer assistance from the Fund; and (B) to the Inspector General of the Department of the Treasury, an amount to not exceed $2,600,000 for over- sight of the program under this section. (2) FOR STATES.—After the application of paragraphs (1), (4), and (5) of this subsection and subject to paragraph (3) of this subsection, the Secretary shall allocate the remaining funds available within the Homeowner Assistance Fund to each State of the United States, the District of Columbia, and the Commonwealth of Puerto Rico based on homeowner need, for such State relative to all States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico, as of the date of the enactment of this Act, which is determined by reference to— (A) the average number of unemployed individuals measured over a period of time not fewer than 3 months and not more than 12 months; and (B) the total number of mortgagors with— (i) mortgage payments that are more than 30 days past due; or (ii) mortgages in foreclosure. (3) SMALL STATE MINIMUM.— (A) IN GENERAL.—Each State of the United States, the District of Columbia, and the Commonwealth of Puerto Rico shall receive no less than $50,000,000 for the purposes established in (c). (B) PRO RATA ADJUSTMENTS.—The Secretary shall adjust on a pro rata basis the amount of the payments for each State of the United States, the District of Columbia, and the Commonwealth of Puerto Rico deter- mined under this subsection without regard to this subparagraph to the extent necessary to comply with the requirements of subparagraph (A). (4) TERRITORY SET-ASIDE.—Notwithstanding any other provision of this section, of the amounts appropriated under subsection (a), the Secretary shall reserve $30,000,000 to be disbursed to Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands based on each such territory’s share of the combined total population of all such territories, as determined by the H. R. 1319—63 Secretary. For the purposes of this paragraph, population shall be determined based on the most recent year for which data are available from the United States Census Bureau. (5) TRIBAL SET-ASIDE.—The Secretary shall allocate funds to any eligible entity designated under subsection (f) pursuant to the requirements of that subsection. (e) DISTRIBUTION OF FUNDS TO STATES.— (1) IN GENERAL.—The Secretary shall make payments, beginning not later than 45 days after enactment of this Act, from amounts allocated under subsection (d) to eligible entities that have notified the Secretary that they request to receive payment from the Fund and that the eligible entity will use such payments in compliance with this section. (2) REALLOCATION.—If a State does not request allocated funds by the 45th day after the date of enactment of this Act, such State shall not be eligible for a payment from the Secretary pursuant to this section, and the Secretary shall, by the 180th day after the date of enactment of this Act, reallocate any funds that were not requested by such State among the States that have requested funds by the 45th day after the date of enactment of this Act. For any such realloca- tion of funds, the Secretary shall adhere to the requirements of subsection (d), except for paragraph (1), to the greatest extent possible, provided that the Secretary shall also take into consideration in determining such reallocation a State’s remaining need and a State’s record of using payments from the Fund to serve homeowners at disproportionate risk of mort- gage default, foreclosure, or displacement, including home- owners having incomes equal to or less than 100 percent of the area median income for their household size or 100 percent of the median income for the United States, as determined by the Secretary of Housing and Urban Development, whichever is greater, and minority homeowners. (f) TRIBAL SET-ASIDE.— (1) SET-ASIDE.—Notwithstanding any other provision of this section, of the amounts appropriated under subsection (a), the Secretary shall use 5 percent to make payments to entities that are eligible for payments under clauses (i) and (ii) of section 501(b)(2)(A) of subtitle A of title V of division N of the Consolidated Appropriations Act, 2021 (Public Law 116– 260) for the purposes described in subsection (c). (2) ALLOCATION AND PAYMENT.—The Secretary shall allo- cate the funds set aside under paragraph (1) using the alloca- tion formulas described in clauses (i) and (ii) of section 501(b)(2)(A) of subtitle A of title V of division N of the Consoli- dated Appropriations Act, 2021 (Public Law 116–260), and shall make payments of such amounts beginning no later than 45 days after enactment of this Act to entities eligible for payment under clauses (i) and (ii) of section 501(b)(2)(A) of subtitle A of title V of division N of the Consolidated Appropriations Act, 2021 (Public Law 116–260) that notify the Secretary that they request to receive payments allocated from the Fund by the Secretary for purposes described under subsection (c) and will use such payments in compliance with this section. (3) ADJUSTMENT.—Allocations provided under this sub- section may be further adjusted as provided by section H. R. 1319—64 501(b)(2)(B) of subtitle A of title V of division N of the Consoli- dated Appropriations Act, 2021 (Public Law 116–260). SEC. 3207. RELIEF MEASURES FOR SECTION 502 AND 504 DIRECT LOAN BORROWERS. (a) APPROPRIATION.—In addition to amounts otherwise avail- able, there is appropriated to the Secretary of Agriculture (in this section referred to as the ‘‘Secretary’’) for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $39,000,000, to remain available until September 30, 2023, for direct loans made under sections 502 and 504 of the Housing Act of 1949 (42 U.S.C. 1472, 1474). (b) ADMINISTRATIVE EXPENSES.—The Secretary may use not more than 3 percent of the amounts appropriated under this section for administrative purposes. SEC. 3208. FAIR HOUSING ACTIVITIES. (a) APPROPRIATION.—In addition to amounts otherwise avail- able, there is appropriated to the Secretary of Housing and Urban Development (in this section referred to as the ‘‘Secretary’’) for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $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 resources to address fair housing inquiries, complaints, investiga- tions, education and outreach activities, and costs of delivering or adapting services, 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. Subtitle C—Small Business (SSBCI) SEC. 3301. STATE SMALL BUSINESS CREDIT INITIATIVE. (a) STATE SMALL BUSINESS CREDIT INITIATIVE.— (1) IN GENERAL.—The State Small Business Credit Initia- tive Act of 2010 (12 U.S.C. 5701 et seq.) is amended— (A) in section 3003— (i) in subsection (b)— (I) by amending paragraph (1) to read as fol- lows: ‘‘(1) IN GENERAL.—Not later than 30 days after the date of enactment of subsection (d), the Secretary shall allocate Federal funds to participating States so that each State is eligible to receive an amount equal to what the State would receive under the 2021 allocation, as determined under para- graph (2).’’; (II) in paragraph (2)— (aa) by striking ‘‘2009’’ each place such term appears and inserting ‘‘2021’’; (bb) by striking ‘‘2008’’ each place such term appears and inserting ‘‘2020’’; (cc) in subparagraph (A), by striking ‘‘The Secretary’’ and inserting ‘‘With respect to States other than Tribal governments, the Sec- retary’’; H. R. 1319—65 (dd) in subparagraph (C)(i), by striking ‘‘2007’’ and inserting ‘‘2019’’; and (ee) by adding at the end the following: ‘‘(C) SEPARATE ALLOCATION FOR TRIBAL GOVERN- MENTS.— ‘‘(i) IN GENERAL.—With respect to States that are Tribal governments, the Secretary shall determine the 2021 allocation by allocating $500,000,000 among the Tribal governments in the proportion the Secretary determines appropriate, including with consideration to available employment and economic data regarding each such Tribal government. ‘‘(ii) NOTICE OF INTENT; TIMING OF ALLOCATION.— With respect to allocations to States that are Tribal governments, the Secretary may— ‘‘(I) require Tribal governments that individ- ually or jointly wish to participate in the Program to file a notice of intent with the Secretary not later than 30 days after the date of enactment of subsection (d); and ‘‘(II) notwithstanding paragraph (1), allocate Federal funds to participating Tribal governments not later than 60 days after the date of enactment of subsection (d). ‘‘(D) EMPLOYMENT DATA.—If the Secretary determines that employment data with respect to a State is unavailable from the Bureau of Labor Statistics of the Department of Labor, the Secretary shall consider such other economic and employment data that is otherwise available for pur- poses of determining the employment data of such State.’’; and (III) by striking paragraph (3); and (ii) in subsection (c)— (I) in paragraph (1)(A)(iii), by inserting before the period the following: ‘‘that have delivered loans or investments to eligible businesses’’; and (II) by amending paragraph (4) to read as follows: ‘‘(4) TERMINATION OF AVAILABILITY OF AMOUNTS NOT TRANS- FERRED.— ‘‘(A) IN GENERAL.—Any portion of a participating State’s allocated amount that has not been transferred to the State under this section may be deemed by the Secretary to be no longer allocated to the State and no longer available to the State and shall be returned to the general fund of the Treasury or reallocated as described under subparagraph (B), if— ‘‘(i) the second 1⁄3 of a State’s allocated amount has not been transferred to the State before the end of the end of the 3-year period beginning on the date that the Secretary approves the State for participation; or ‘‘(ii) the last 1⁄3 of a State’s allocated amount has not been transferred to the State before the end of the end of the 6-year period beginning on the date that the Secretary approves the State for participation. H. R. 1319—66 ‘‘(B) REALLOCATION.—Any amount deemed by the Sec- retary to be no longer allocated to a State and no longer available to such State under subparagraph (A) may be reallocated by the Secretary to other participating States. In making such a reallocation, the Secretary shall not take into account the minimum allocation requirements under subsection (b)(2)(B) or the specific allocation for Tribal governments described under subsection (b)(2)(C).’’; (B) in section 3004(d), by striking ‘‘date of enactment of this Act’’ each place it appears and inserting ‘‘date of the enactment of section 3003(d)’’; (C) in section 3005(b), by striking ‘‘date of enactment of this Act’’ each place it appears and inserting ‘‘date of the enactment of section 3003(d)’’; (D) in section 3006(b)(4), by striking ‘‘date of enactment of this Act’’ and inserting ‘‘date of the enactment of section 3003(d)’’; (E) in section 3007(b), by striking ‘‘March 31, 2011’’ and inserting ‘‘March 31, 2022’’; (F) in section 3009, by striking ‘‘date of enactment of this Act’’ each place it appears and inserting ‘‘date of the enactment of section 3003(d)’’; and (G) in section 3011(b), by striking ‘‘date of the enact- ment of this Act’’ each place it appears and inserting ‘‘date of the enactment of section 3003(d)’’. (2) APPROPRIATION.— (A) IN GENERAL.—In addition to amounts otherwise available, there is hereby appropriated to the Secretary of the Treasury for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $10,000,000,000, to remain available until expended, to provide support to small businesses responding to and recovering from the economic effects of the COVID–19 pan- demic, ensure business enterprises owned and controlled by socially and economically disadvantaged individuals have access to credit and investments, provide technical assistance to help small businesses applying for various support programs, and to pay reasonable costs of admin- istering such Initiative. (B) RESCISSION.—With respect to amounts appro- priated under subparagraph (A)— (i) the Secretary of the Treasury shall complete all disbursements and remaining obligations before September 30, 2030; and (ii) any amounts that remain unexpended (whether obligated or unobligated) on September 30, 2030, shall be rescinded and deposited into the general fund of the Treasury. (b) ADDITIONAL ALLOCATIONS TO SUPPORT BUSINESS ENTER- PRISES OWNED AND CONTROLLED BY SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS.—Section 3003 of the State Small Business Credit Initiative Act of 2010 (12 U.S.C. 5702) is amended by adding at the end the following: ‘‘(d) ADDITIONAL ALLOCATIONS TO SUPPORT BUSINESS ENTER- PRISES OWNED AND CONTROLLED BY SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS.—Of the amounts appropriated for fiscal year 2021 to carry out the Program, the Secretary shall— H. R. 1319—67 ‘‘(1) allocate $1,500,000,000 to States from funds allocated under this section and, by regulation or other guidance, pre- scribe Program requirements that the funds be expended for business enterprises owned and controlled by socially and economically disadvantaged individuals; and ‘‘(2) allocate such amounts to States based on the needs of business enterprises owned and controlled by socially and economically disadvantaged individuals, as determined by the Secretary, in each State, and not subject to the allocation formula described under subsection (b). ‘‘(e) INCENTIVE ALLOCATIONS TO SUPPORT BUSINESS ENTER- PRISES OWNED AND CONTROLLED BY SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS.—Of the amounts appropriated for fiscal year 2021 to carry out the Program, the Secretary shall set aside $1,000,000,000 for an incentive program under which the Secretary shall increase the second 1⁄3 and last 1⁄3 allocations for States that demonstrate robust support, as determined by the Secretary, for business concerns owned and controlled by socially and economically disadvantaged individuals in the deployment of prior allocation amounts.’’. (c) ADDITIONAL ALLOCATIONS TO SUPPORT VERY SMALL BUSINESSES.—Section 3003 of the State Small Business Credit Ini- tiative Act of 2010 (12 U.S.C. 5702), as amended by subsection (b), is further amended by adding at the end the following: ‘‘(f) ADDITIONAL ALLOCATIONS TO SUPPORT VERY SMALL BUSINESSES.— ‘‘(1) IN GENERAL.—Of the amounts appropriated to carry out the Program, the Secretary shall allocate not less than $500,000,000 to States from funds allocated under this section to be expended for very small businesses. ‘‘(2) VERY SMALL BUSINESS DEFINED.—In this subsection, the term ‘very small business’— ‘‘(A) means a business with fewer than 10 employees; and ‘‘(B) may include independent contractors and sole proprietors.’’. (d) TECHNICAL ASSISTANCE.—Section 3009 of the State Small Business Credit Initiative Act of 2010 (12 U.S.C. 5708) is amended by adding at the end the following: ‘‘(e) TECHNICAL ASSISTANCE.—Of the amounts appropriated for fiscal year 2021 to carry out the Program, $500,000,000 may be used by the Secretary to— ‘‘(1) provide funds to States to carry out a technical assist- ance plan under which a State will provide legal, accounting, and financial advisory services, either directly or contracted with legal, accounting, and financial advisory firms, with pri- ority given to business enterprises owned and controlled by socially and economically disadvantaged individuals, to very small businesses and business enterprises owned and controlled by socially and economically disadvantaged individuals applying for— ‘‘(A) State programs under the Program; and ‘‘(B) other State or Federal programs that support small businesses; ‘‘(2) transfer amounts to the Minority Business Develop- ment Agency, so that the Agency may use such amounts in a manner the Agency determines appropriate, including H. R. 1319—68 through contracting with third parties, to provide technical assistance to business enterprises owned and controlled by socially and economically disadvantaged individuals applying to— ‘‘(A) State programs under the Program; and ‘‘(B) other State or Federal programs that support small businesses; and ‘‘(3) contract with legal, accounting, and financial advisory firms (with priority given to business enterprises owned and controlled by socially and economically disadvantaged individ- uals), to provide technical assistance to business enterprises owned and controlled by socially and economically disadvan- taged individuals applying to— ‘‘(A) State programs under the Program; and ‘‘(B) other State or Federal programs that support small businesses.’’. (e) INCLUSION OF TRIBAL GOVERNMENTS.—Section 3002(10) of the State Small Business Credit Initiative Act of 2010 (12 U.S.C. 5701(10)) is amended— (1) in subparagraph (C), by striking ‘‘and’’ at the end; (2) in subparagraph (D), by striking the period at the end and inserting ‘‘; and’’; and (3) by adding at the end the following: ‘‘(E) a Tribal government, or a group of Tribal govern- ments that jointly apply for an allocation.’’. (f) DEFINITIONS.—Section 3002 of the State Small Business Credit Initiative Act of 2010 (12 U.S.C. 5701) is amended by adding at the end the following: ‘‘(15) BUSINESS ENTERPRISE OWNED AND CONTROLLED BY SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS.— The term ‘business enterprise owned and controlled by socially and economically disadvantaged individuals’ means a business that— ‘‘(A) if privately owned, 51 percent is owned by one or more socially and economically disadvantaged individ- uals; ‘‘(B) if publicly owned, 51 percent of the stock is owned by one or more socially and economically disadvantaged individuals; and ‘‘(C) in the case of a mutual institution, a majority of the Board of Directors, account holders, and the commu- nity which the institution services is predominantly com- prised of socially and economically disadvantaged individ- uals. ‘‘(16) COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION.— The term ‘community development financial institution’ has the meaning given that term under section 103 of the Riegle Community Development and Regulatory Improvement Act of 1994. ‘‘(17) MINORITY DEPOSITORY INSTITUTION.—The term ‘minority depository institution’ has the meaning given that term under section 308(b) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989. ‘‘(18) SOCIALLY AND ECONOMICALLY DISADVANTAGED INDI- VIDUAL.—The term ‘socially and economically disadvantaged individual’ means an individual who is a socially disadvantaged individual or an economically disadvantaged individual, as such H. R. 1319—69 terms are defined, respectively, under section 8 of the Small Business Act (15 U.S.C. 637) and the regulations thereunder. ‘‘(19) TRIBAL GOVERNMENT.—The term ‘Tribal government’ means the recognized governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, compo- nent band, or component reservation, individually identified (including parenthetically) in the list published most recently as of the date of enactment of this paragraph pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).’’. (g) RULE OF APPLICATION.—The amendments made by this section shall apply with respect to funds appropriated under this section and funds appropriated on and after the date of enactment of this section. Subtitle D—Public Transportation SEC. 3401. 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 oper- ating expenses of transit agencies to prevent, prepare for, and respond to the coronavirus public health emergency, 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 protec- tive 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 included in a transportation improvement program, long-range transportation plan, statewide transpor- tation plan, or statewide transportation improvement H. R. 1319—70 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 recipient certifies to the Administrator of the Federal Transit Administration that the recipient has not fur- loughed any employees; (iii) used to provide a Federal share of the costs for any grant made under this section of 100 percent. (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 recipients 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 subparagraph (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, prepare 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 described in clause (i), such funds shall be apportioned such that each urbanized area that did not receive an apportionment under clause (i) shall receive an apportionment equal to 25 percent of the urbanized area’s 2018 operating costs. (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 accordance 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 recipients or subrecipients eligible under section 5311 of title 49, United States Code, and shall be administered as if the funds were provided under section 5311 of such title, and shall be apportioned in accordance with such section, except as described in paragraph (B). (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— H. R. 1319—71 (i) any State that received an amount for similar activities to prevent, prepare for, and respond to coronavirus that is equal to or greater than 150 percent of the combined 2018 rural operating costs of the recipi- ents and subrecipients in such State shall receive 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 percent of the combined 2018 rural operating costs of the recipi- ents 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 (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 pro- vided to each recipient for all projects with existing full funding grant agreements 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- capital investment grant 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 funding grant agreements that received an allocation only prior to fiscal year 2019, except that projects open for 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 this clause. The Administrator of the Federal Transit Administration shall proportionally distribute funds in excess of such percent to recipients for which the percent of funds does not exceed 40 percent. Funds shall be provided proportionally based on the non- capital investment grant share of the amount allocated. (iii) ELIGIBLE RECIPIENTS.—For amounts made available 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, H. R. 1319—72 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. (5) SECTION 5311(F) SERVICES.— (A) IN GENERAL.—Of the amounts made available under subsection (a) and in addition to the amounts made available under paragraph (3), $100,000,000 shall be avail- able 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 Administra- tion 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 section 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 asso- ciated 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 revenue miles of service provided in the plan- ning period; or (ii) make service adjustments to increase the quality or frequency of service provided to low-income riders and disadvantaged neighborhoods or commu- nities. (C) LIMITATION.—Amounts made available under subparagraph (A) shall not be used for route planning related to transitioning public transportation service pro- vided 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 sec- tions 5307 or 5311 of title 49, United States Code, that, H. R. 1319—73 as a result of COVID–19, require additional assistance for costs related to operations, personnel, cleaning, and sanitization combating 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 subparagraph (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 chapter 53 of title 49, United States Code, unless the recipient 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 enactment of this Act, issue a Notice of Funding Opportunity for assistance under this paragraph; and (II) not later than 120 days after the applica- tion deadline established in the Notice of Funding Opportunity 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- ating costs that has not been replaced by the funds made available to the eligible recipient or sub- recipient under paragraphs (1) through (5) of this subsection when combined with the amounts allo- cated to such eligible recipient or subrecipient from funds previously made available for the operating expenses of transit agencies related to the response to the COVID–19 public health emergency. (II) RESTRICTION.—Amounts made available under this paragraph shall only be available for operating expenses. (iv) STATE APPLICANTS.—A State may apply for assistance 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 H. R. 1319—74 30, 2023, such amounts shall be available for any purpose eligible under sections 5307 or 5311 of title 49, United States Code. TITLE IV—COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AF- FAIRS SEC. 4001. EMERGENCY FEDERAL EMPLOYEE LEAVE FUND. (a) ESTABLISHMENT; APPROPRIATION.—There is established in the Treasury the Emergency Federal Employee Leave Fund (in this section referred to as the ‘‘Fund’’), to be administered by the Director of the Office of Personnel Management, for the pur- poses 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, $570,000,000, which shall be deposited into the Fund and remain available through September 30, 2022. The Fund is available for reasonable expenses incurred by the Office of Personnel Management in admin- istering this section. (b) PURPOSE.—Amounts in the Fund shall be available for reimbursement to an agency for the use of paid leave under this section by any employee of the agency who is unable to work because the employee— (1) is subject to a Federal, State, or local quarantine or isolation order related to COVID–19; (2) has been advised by a health care provider to self- quarantine 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 optional a virtual learning instruction model or requires or makes optional a hybrid of in-person and virtual learning instruction 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 condi- tion; (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 direct care provider is unavailable due to COVID–19; or (8) is obtaining immunization related to COVID–19 or is recovering 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 during the period beginning on the date of enactment of this Act and ending on September 30, 2021. H. R. 1319—75 (2) TOTAL HOURS; AMOUNT.—Paid leave under this section— (A) shall be provided to an 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 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 employee; and (B) may not be used by an employee concurrently with any other paid leave. (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. (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 Service; (3) an individual employed by the Postal Regulatory Commission; and (4) an employee of the Public Defender Service for the District of Columbia and the District of Columbia Courts. SEC. 4002. FUNDING FOR THE GOVERNMENT ACCOUNTABILITY OFFICE. In addition to amounts otherwise available, there is appro- priated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $77,000,000, to remain available until September 30, 2025, for necessary expenses of the Government Accountability Office to prevent, prepare for, and respond to Coronavirus and to support oversight of the Coronavirus response and of funds provided in this Act or any other Act pertaining to the Coronavirus pandemic. SEC. 4003. PANDEMIC RESPONSE ACCOUNTABILITY COMMITTEE FUNDING AVAILABILITY. In addition to amounts otherwise available, there is appro- priated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $40,000,000, to remain available until September 30, 2025, for the Pandemic Response Accountability Committee to support oversight of the Coronavirus response and of funds provided in this Act or any other Act pertaining to the Coronavirus pandemic. H. R. 1319—76 SEC. 4004. FUNDING FOR THE WHITE HOUSE. In addition to amounts otherwise available, there is appro- priated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $12,800,000, to remain available until September 30, 2021, for necessary expenses for the White House, to prevent, prepare for, and respond to coronavirus. SEC. 4005. FEDERAL EMERGENCY MANAGEMENT AGENCY APPROPRIA- TION. In addition to amounts otherwise available, there is appro- priated to the Federal Emergency Management Agency for fiscal year 2021, out of any money in the Treasury not otherwise appro- priated, $50,000,000,000, to remain available until September 30, 2025, to carry out the purposes of the Disaster Relief Fund for costs associated with major disaster declarations. SEC. 4006. FUNERAL ASSISTANCE. (a) IN GENERAL.—For the emergency declaration issued by the President on March 13, 2020, pursuant to section 501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191(b)), and for any subsequent major disaster declara- tion that supersedes such emergency declaration, the President shall provide financial assistance to an individual or household to meet disaster-related funeral expenses under section 408(e)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(e)(1)), for which the Federal cost share shall be 100 percent. (b) USE OF FUNDS.—Funds appropriated under section 4005 may be used to carry out subsection (a) of this section. SEC. 4007. EMERGENCY FOOD AND SHELTER PROGRAM FUNDING. In addition to amounts otherwise made available, there is appropriated to the Federal Emergency Management Agency for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $400,000,000, to remain available until September 30, 2025, for the emergency food and shelter program. SEC. 4008. HUMANITARIAN RELIEF. In addition to amounts otherwise made available, there is appropriated to the Federal Emergency Management Agency for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $110,000,000, to remain available until September 30, 2025, for the emergency food and shelter program for the purposes of providing humanitarian relief to families and individ- uals encountered by the Department of Homeland Security. SEC. 4009. CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY. In addition to amounts otherwise made available, there is appropriated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $650,000,000, to remain available until September 30, 2023, for the Cybersecurity and Infrastructure Secu- rity Agency for cybersecurity risk mitigation. SEC. 4010. APPROPRIATION FOR THE UNITED STATES DIGITAL SERVICE. In addition to amounts otherwise available, there is appro- priated for fiscal year 2021, out of any money in the Treasury H. R. 1319—77 not otherwise appropriated, $200,000,000, to remain available until September 30, 2024, for the United States Digital Service. SEC. 4011. APPROPRIATION FOR THE TECHNOLOGY MODERNIZATION FUND. In addition to amounts otherwise appropriated, there is appro- priated to the General Services Administration for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $1,000,000,000, to remain available until September 30, 2025, to carry out the purposes of the Technology Modernization Fund. SEC. 4012. APPROPRIATION FOR THE FEDERAL CITIZEN SERVICES FUND. In addition to amounts otherwise available, there is appro- priated to the General Services Administration for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $150,000,000, to remain available until September 30, 2024, to carry out the purposes of the Federal Citizen Services Fund. SEC. 4013. AFG AND SAFER PROGRAM FUNDING. In addition to amounts otherwise made available, there is appropriated to the Federal Emergency Management Agency for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $300,000,000, to remain available until September 30, 2025, of which $100,000,000 shall be for assistance to firefighter grants and $200,000,000 shall be for staffing for adequate fire and emergency response grants. SEC. 4014. EMERGENCY MANAGEMENT PERFORMANCE GRANT FUNDING. In addition to amounts otherwise made available, there is appropriated to the Federal Emergency Management Agency for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $100,000,000, to remain available until September 30, 2025, for emergency management performance grants. SEC. 4015. EXTENSION OF REIMBURSEMENT AUTHORITY FOR FEDERAL CONTRACTORS. Section 3610 of the CARES Act (Public Law 116–136; 134 Stat. 414) is amended by striking ‘‘September 30, 2020’’ and inserting ‘‘September 30, 2021’’. SEC. 4016. ELIGIBILITY FOR WORKERS’ COMPENSATION BENEFITS FOR FEDERAL EMPLOYEES DIAGNOSED WITH COVID–19. (a) IN GENERAL.—Subject to subsection (c), a covered employee shall, with respect to any claim made by or on behalf of the covered employee for benefits under subchapter I of chapter 81 of title 5, United States Code, be deemed to have an injury proxi- mately caused by exposure to the novel coronavirus arising out of the nature of the covered employee’s employment. Such covered employee, or a beneficiary of such an employee, shall be entitled to such benefits for such claim, including disability compensation, medical services, and survivor benefits. (b) DEFINITIONS.—In this section: (1) COVERED EMPLOYEE.— (A) IN GENERAL.—The term ‘‘covered employee’’ means an individual— (i) who is an employee under section 8101(1) of title 5, United States Code, employed in the Federal H. R. 1319—78 service at anytime during the period beginning on January 27, 2020, and ending on January 27, 2023; (ii) who is diagnosed with COVID–19 during such period; and (iii) who, during a covered exposure period prior to such diagnosis, carries out duties that— (I) require contact with patients, members of the public, or co-workers; or (II) include a risk of exposure to the novel coronavirus. (B) TELEWORKING EXCEPTION.—The term ‘‘covered employee’’ does not include any employee otherwise covered by subparagraph (A) who is exclusively teleworking during a covered exposure period, regardless of whether such employment is full time or part time. (2) COVERED EXPOSURE PERIOD.—The term ‘‘covered expo- sure period’’ means, with respect to a diagnosis of COVID– 19, the period beginning on a date to be determined by the Secretary of Labor. (3) NOVEL CORONAVIRUS.—The term ‘‘novel coronavirus’’ means SARS–CoV–2 or another coronavirus declared to be a pandemic by public health authorities. (c) LIMITATION.— (1) DETERMINATIONS MADE ON OR BEFORE THE DATE OF ENACTMENT.—This section shall not apply with respect to a covered employee who is determined to be entitled to benefits under subchapter I of chapter 81 of title 5, United States Code, for a claim described in subsection (a) if such determina- tion is made on or before the date of enactment of this Act. (2) LIMITATION ON DURATION OF BENEFITS.—No funds are authorized to be appropriated to pay, and no benefits may be paid for, claims approved on the basis of subsection (a) after September 30, 2030. No administrative costs related to any such claim may be paid after such date. (d) EMPLOYEES’ COMPENSATION FUND.— (1) IN GENERAL.—The costs of benefits for claims approved on the basis of subsection (a) shall not be included in the annual statement of the cost of benefits and other payments of an agency or instrumentality under section 8147(b) of title 5, United States Code. (2) FAIR SHARE PROVISION.—Costs of administration for claims described in paragraph (1)— (A) may be paid from the Employees’ Compensation Fund; and (B) shall not be subject to the fair share provision in section 8147(c) of title 5, United States Code. TITLE V—COMMITTEE ON SMALL BUSINESS AND ENTREPRENEURSHIP SEC. 5001. MODIFICATIONS TO PAYCHECK PROTECTION PROGRAM. (a) ELIGIBILITY OF CERTAIN NONPROFIT ENTITIES FOR COVERED LOANS UNDER THE PAYCHECK PROTECTION PROGRAM.— (1) IN GENERAL.—Section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)), as amended by the Economic Aid H. R. 1319—79 to Hard-Hit Small Businesses, Nonprofits, and Venues Act (title III of division N of Public Law 116–260), is amended— (A) in subparagraph (A)— (i) in clause (xv), by striking ‘‘and’’ at the end; (ii) in clause (xvi), by striking the period at the end and inserting ‘‘; and’’; and (iii) by adding at the end the following: ‘‘(xvii) the term ‘additional covered nonprofit entity’— ‘‘(I) means an organization described in any paragraph of section 501(c) of the Internal Revenue Code of 1986, other than paragraph (3), (4), (6), or (19), and exempt from tax under section 501(a) of such Code; and ‘‘(II) does not include any entity that, if the entity were a business concern, would be described in section 120.110 of title 13, Code of Federal Regulations (or in any successor regulation or other related guidance or rule that may be issued by the Administrator) other than a business con- cern described in paragraph (a) or (k) of such section.’’; and (B) in subparagraph (D)— (i) in clause (iii), by adding at the end the following: ‘‘(III) ELIGIBILITY OF CERTAIN ORGANIZA- TIONS.—Subject to the provisions in this subpara- graph, during the covered period— ‘‘(aa) a nonprofit organization shall be eligible to receive a covered loan if the non- profit organization employs not more than 500 employees per physical location of the organization; and ‘‘(bb) an additional covered nonprofit entity and an organization that, but for sub- clauses (I)(dd) and (II)(dd) of clause (vii), would be eligible for a covered loan under clause (vii) shall be eligible to receive a covered loan if the entity or organization employs not more than 300 employees per physical location of the entity or organization.’’; and (ii) by adding at the end the following: ‘‘(ix) ELIGIBILITY OF ADDITIONAL COVERED NON- PROFIT ENTITIES.—An additional covered nonprofit entity shall be eligible to receive a covered loan if— ‘‘(I) the additional covered nonprofit entity does not receive more than 15 percent of its receipts from lobbying activities; ‘‘(II) the lobbying activities of the additional covered nonprofit entity do not comprise more than 15 percent of the total activities of the organiza- tion; ‘‘(III) the cost of the lobbying activities of the additional covered nonprofit entity did not exceed $1,000,000 during the most recent tax year of the additional covered nonprofit entity that ended prior to February 15, 2020; and H. R. 1319—80 ‘‘(IV) the additional covered nonprofit entity employs not more than 300 employees.’’. (2) ELIGIBILITY FOR SECOND DRAW LOANS.—Paragraph (37)(A)(i) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as added by the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (title III of division N of Public Law 116–260), is amended by inserting ‘‘ ‘additional covered nonprofit entity’,’’ after ‘‘the terms’’. (b) ELIGIBILITY OF INTERNET PUBLISHING ORGANIZATIONS FOR COVERED LOANS UNDER THE PAYCHECK PROTECTION PROGRAM.— (1) IN GENERAL.—Section 7(a)(36)(D) of the Small Business Act (15 U.S.C. 636(a)(36)(D)), as amended by subsection (a), is further amended— (A) in clause (iii), by adding at the end the following: ‘‘(IV) ELIGIBILITY OF INTERNET PUBLISHING ORGANIZATIONS.—A business concern or other organization that was not eligible to receive a cov- ered loan the day before the date of enactment of this subclause, is assigned a North American Industry Classification System code of 519130, cer- tifies in good faith as an Internet-only news pub- lisher or Internet-only periodical publisher, and is engaged in the collection and distribution of local or regional and national news and informa- tion shall be eligible to receive a covered loan for the continued provision of news, information, content, or emergency information if— ‘‘(aa) the business concern or organization employs not more than 500 employees, or the size standard established by the Administrator for that North American Industry Classifica- tion code, per physical location of the business concern or organization; and ‘‘(bb) the business concern or organization makes a good faith certification that proceeds of the loan will be used to support expenses at the component of the business concern or organization that supports local or regional news.’’; (B) in clause (iv)— (i) in subclause (III), by striking ‘‘and’’ at the end; (ii) in subclause (IV)(bb), by striking the period at the end and inserting ‘‘; and’’; and (iii) by adding at the end the following: ‘‘(V) any business concern or other organiza- tion that was not eligible to receive a covered loan the day before the date of enactment of this subclause, is assigned a North American Industry Classification System code of 519130, certifies in good faith as an Internet-only news publisher or Internet-only periodical publisher, and is engaged in the collection and distribution of local or regional and national news and information, if the business concern or organization— ‘‘(aa) employs not more than 500 employees, or the size standard established by the Administrator for that North American H. R. 1319—81 Industry Classification code, per physical loca- tion of the business concern or organization; and ‘‘(bb) is majority owned or controlled by a business concern or organization that is assigned a North American Industry Classi- fication System code of 519130.’’; (C) in clause (v), by striking ‘‘clause (iii)(II), (iv)(IV), or (vii)’’ and inserting ‘‘subclause (II), (III), or (IV) of clause (iii), subclause (IV) or (V) of clause (iv), clause (vii), or clause (ix)’’; and (D) in clause (viii)(II)— (i) by striking ‘‘business concern made eligible by clause (iii)(II) or clause (iv)(IV) of this subparagraph’’ and inserting ‘‘business concern made eligible by sub- clause (II) or (IV) of clause (iii) or subclause (IV) or (V) of clause (iv) of this subparagraph’’; and (ii) by inserting ‘‘or organization’’ after ‘‘business concern’’ each place it appears. (2) ELIGIBILITY FOR SECOND DRAW LOANS.—Section 7(a)(37)(A)(iv)(II) of the Small Business Act, as amended by the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (title III of division N of Public Law 116– 260), is amended by striking ‘‘clause (iii)(II), (iv)(IV), or (vii)’’ and inserting ‘‘subclause (II), (III), or (IV) of clause (iii), sub- clause (IV) or (V) of clause (iv), clause (vii), or clause (ix)’’. (c) COORDINATION WITH CONTINUATION COVERAGE PREMIUM ASSISTANCE.— (1) PAYCHECK PROTECTION PROGRAM.—Section 7A(a)(12) of the Small Business Act (as redesignated, transferred, and amended by section 304(b) of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (Public Law 116–260)) is amended— (A) by striking ‘‘CARES Act or’’ and inserting ‘‘CARES Act,’’; and (B) by inserting before the period at the end the fol- lowing: ‘‘, or premiums taken into account in determining the credit allowed under section 6432 of the Internal Rev- enue Code of 1986’’. (2) PAYCHECK PROTECTION PROGRAM SECOND DRAW.—Sec- tion 7(a)(37)(J)(iii)(I) of the Small Business Act, as amended by the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (title III of division N of Public Law 116– 260), is amended— (A) by striking ‘‘or’’ at the end of item (aa); (B) by striking the period at the end of item (bb) and inserting ‘‘; or’’; and (C) by adding at the end the following new item: ‘‘(cc) premiums taken into account in determining the credit allowed under section 6432 of the Internal Revenue Code of 1986.’’. (3) APPLICABILITY.—The amendments made by this sub- section shall apply only with respect to applications for forgive- ness of covered loans made under paragraphs (36) or (37) of section 7(a) of the Small Business Act, as amended by the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (title III of division N of Public Law 116–260), H. R. 1319—82 that are received on or after the date of the enactment of this Act. (d) COMMITMENT AUTHORITY AND APPROPRIATIONS.— (1) COMMITMENT AUTHORITY.—Section 1102(b)(1) of the CARES Act (Public Law 116–136) is amended by striking ‘‘$806,450,000,000’’ and inserting ‘‘$813,700,000,000’’. (2) DIRECT APPROPRIATIONS.—In addition to amounts other- wise available, there is appropriated to the Administrator of the Small Business Administration for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $7,250,000,000, to remain available until expended, for carrying out this section. SEC. 5002. TARGETED EIDL ADVANCE. (a) DEFINITIONS.—In this section— (1) the term ‘‘Administrator’’ means the Administrator of the Small Business Administration; and (2) the terms ‘‘covered entity’’ and ‘‘economic loss’’ have the meanings given the terms in section 331(a) of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (title III of division N of Public Law 116–260). (b) APPROPRIATIONS.—In addition to amounts otherwise avail- able, there is appropriated to the Administrator for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $15,000,000,000— (1) to remain available until expended; and (2) of which, the Administrator shall use— (A) $10,000,000,000 to make payments to covered enti- ties that have not received the full amounts to which the covered entities are entitled under section 331 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (title III of division N of Public Law 116– 260); and (B) $5,000,000,000 to make payments under section 1110(e) of the CARES Act (15 U.S.C. 9009(e)), each of which shall be— (i) made to a covered entity that— (I) has suffered an economic loss of greater than 50 percent; and (II) employs not more than 10 employees; (ii) in an amount that is $5,000; and (iii) with respect to the covered entity to which the payment is made, in addition to any payment made to the covered entity under section 1110(e) of the CARES Act (15 U.S.C. 9009(e)) or section 331 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (title III of division N of Public Law 116–260). SEC. 5003. SUPPORT FOR RESTAURANTS. (a) DEFINITIONS.—In this section: (1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the Administrator of the Small Business Administration. (2) AFFILIATED BUSINESS.—The term ‘‘affiliated business’’ means a business in which an eligible entity has an equity or right to profit distributions of not less than 50 percent, or in which an eligible entity has the contractual authority to control the direction of the business, provided that such H. R. 1319—83 affiliation shall be determined as of any arrangements or agree- ments in existence as of March 13, 2020. (3) COVERED PERIOD.—The term ‘‘covered period’’ means the period— (A) beginning on February 15, 2020; and (B) ending on December 31, 2021, or a date to be determined by the Administrator that is not later than 2 years after the date of enactment of this section. (4) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’— (A) means a restaurant, food stand, food truck, food cart, caterer, saloon, inn, tavern, bar, lounge, brewpub, tasting room, taproom, licensed facility or premise of a beverage alcohol producer where the public may taste, sample, or purchase products, or other similar place of business in which the public or patrons assemble for the primary purpose of being served food or drink; (B) includes an entity described in subparagraph (A) that is located in an airport terminal or that is a Tribally- owned concern; and (C) does not include— (i) an entity described in subparagraph (A) that— (I) is a State or local government-operated business; (II) as of March 13, 2020, owns or operates (together with any affiliated business) more than 20 locations, regardless of whether those locations do business under the same or multiple names; or (III) has a pending application for or has received a grant under section 324 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (title III of division N of Public Law 116–260); or (ii) a publicly-traded company. (5) EXCHANGE; ISSUER; SECURITY.—The terms ‘‘exchange’’, ‘‘issuer’’, and ‘‘security’’ have the meanings given those terms in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)). (6) FUND.—The term ‘‘Fund’’ means the Restaurant Revital- ization Fund established under subsection (b). (7) PANDEMIC-RELATED REVENUE LOSS.—The term ‘‘pan- demic-related revenue loss’’ means, with respect to an eligible entity— (A) except as provided in subparagraphs (B), (C), and (D), the gross receipts, as established using such verification documentation as the Administrator may require, of the eligible entity during 2020 subtracted from the gross receipts of the eligible entity in 2019, if such sum is greater than zero; (B) if the eligible entity was not in operation for the entirety of 2019— (i) the difference between— (I) the product obtained by multiplying the average monthly gross receipts of the eligible entity in 2019 by 12; and H. R. 1319—84 (II) the product obtained by multiplying the average monthly gross receipts of the eligible entity in 2020 by 12; or (ii) an amount based on a formula determined by the Administrator; (C) if the eligible entity opened during the period begin- ning on January 1, 2020, and ending on the day before the date of enactment of this section— (i) the expenses described in subsection (c)(5)(A) that were incurred by the eligible entity minus any gross receipts received; or (ii) an amount based on a formula determined by the Administrator; or (D) if the eligible entity has not yet opened as of the date of application for a grant under subsection (c), but has incurred expenses described in subsection (c)(5)(A) as of the date of enactment of this section— (i) the amount of those expenses; or (ii) an amount based on a formula determined by the Administrator. For purposes of this paragraph, the pandemic-related revenue losses for an eligible entity shall be reduced by any amounts received from a covered loan made under paragraph (36) or (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)) in 2020 or 2021. (8) PAYROLL COSTS.—The term ‘‘payroll costs’’ has the meaning given the term in section 7(a)(36)(A) of the Small Business Act (15 U.S.C. 636(a)(36)(A)), except that such term shall not include— (A) qualified wages (as defined in subsection (c)(3) of section 2301 of the CARES Act) taken into account in determining the credit allowed under such section 2301; or (B) premiums taken into account in determining the credit allowed under section 6432 of the Internal Revenue Code of 1986. (9) PUBLICLY-TRADED COMPANY.—The term ‘‘publicly-traded company’’ means an entity that is majority owned or controlled by an entity that is an issuer, the securities of which are listed on a national securities exchange under section 6 of the Securities Exchange Act of 1934 (15 U.S.C. 78f). (10) TRIBALLY-OWNED CONCERN.—The term ‘‘Tribally-owned concern’’ has the meaning given the term in section 124.3 of title 13, Code of Federal Regulations, or any successor regula- tion. (b) RESTAURANT REVITALIZATION FUND.— (1) IN GENERAL.—There is established in the Treasury of the United States a fund to be known as the Restaurant Revital- ization Fund. (2) APPROPRIATIONS.— (A) IN GENERAL.—In addition to amounts otherwise available, there is appropriated to the Restaurant Revital- ization Fund for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $28,600,000,000, to remain available until expended. (B) DISTRIBUTION.— H. R. 1319—85 (i) IN GENERAL.—Of the amounts made available under subparagraph (A)— (I) $5,000,000,000 shall be available to eligible entities with gross receipts during 2019 of not more than $500,000; and (II) $23,600,000,000 shall be available to the Administrator to award grants under subsection (c) in an equitable manner to eligible entities of different sizes based on annual gross receipts. (ii) ADJUSTMENTS.—The Administrator may make adjustments as necessary to the distribution of funds under clause (i)(II) based on demand and the relative local costs in the markets in which eligible entities operate. (C) GRANTS AFTER INITIAL PERIOD.—Notwithstanding subparagraph (B), on and after the date that is 60 days after the date of enactment of this section, or another period of time determined by the Administrator, the Administrator may make grants using amounts appro- priated under subparagraph (A) to any eligible entity regardless of the annual gross receipts of the eligible entity. (3) USE OF FUNDS.—The Administrator shall use amounts in the Fund to make grants described in subsection (c). (c) RESTAURANT REVITALIZATION GRANTS.— (1) IN GENERAL.—Except as provided in subsection (b) and paragraph (3), the Administrator shall award grants to eligible entities in the order in which applications are received by the Administrator. (2) APPLICATION.— (A) CERTIFICATION.—An eligible entity applying for a grant under this subsection shall make a good faith certifi- cation that— (i) the uncertainty of current economic conditions makes necessary the grant request to support the ongoing operations of the eligible entity; and (ii) the eligible entity has not applied for or received a grant under section 324 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (title III of division N of Public Law 116– 260). (B) BUSINESS IDENTIFIERS.—In accepting applications for grants under this subsection, the Administrator shall prioritize the ability of each applicant to use their existing business identifiers over requiring other forms of registra- tion or identification that may not be common to their industry and imposing additional burdens on applicants. (3) PRIORITY IN AWARDING GRANTS.— (A) IN GENERAL.—During the initial 21-day period in which the Administrator awards grants under this sub- section, the Administrator shall prioritize awarding grants to eligible entities that are small business concerns owned and controlled by women (as defined in section 3(n) of the Small Business Act (15 U.S.C. 632(n))), small business concerns owned and controlled by veterans (as defined in section 3(q) of such Act (15 U.S.C. 632(q))), or socially and economically disadvantaged small business concerns (as defined in section 8(a)(4)(A) of the Small Business Act H. R. 1319—86 (15 U.S.C. 637(a)(4)(A))). The Administrator may take such steps as necessary to ensure that eligible entities described in this subparagraph have access to grant funding under this section after the end of such 21-day period. (B) CERTIFICATION.—For purposes of establishing pri- ority under subparagraph (A), an applicant shall submit a self-certification of eligibility for priority with the grant application. (4) GRANT AMOUNT.— (A) AGGREGATE MAXIMUM AMOUNT.—The aggregate amount of grants made to an eligible entity and any affili- ated businesses of the eligible entity under this sub- section— (i) shall not exceed $10,000,000; and (ii) shall be limited to $5,000,000 per physical loca- tion of the eligible entity. (B) DETERMINATION OF GRANT AMOUNT.— (i) IN GENERAL.—Except as provided in this para- graph, the amount of a grant made to an eligible entity under this subsection shall be equal to the pan- demic-related revenue loss of the eligible entity. (ii) RETURN TO TREASURY.—Any amount of a grant made under this subsection to an eligible entity based on estimated receipts that is greater than the actual gross receipts of the eligible entity in 2020 shall be returned to the Treasury. (5) USE OF FUNDS.—During the covered period, an eligible entity that receives a grant under this subsection may use the grant funds for the following expenses incurred as a direct result of, or during, the COVID–19 pandemic: (A) Payroll costs. (B) Payments of principal or interest on any mortgage obligation (which shall not include any prepayment of prin- cipal on a mortgage obligation). (C) Rent payments, including rent under a lease agree- ment (which shall not include any prepayment of rent). (D) Utilities. (E) Maintenance expenses, including— (i) construction to accommodate outdoor seating; and (ii) walls, floors, deck surfaces, furniture, fixtures, and equipment. (F) Supplies, including protective equipment and cleaning materials. (G) Food and beverage expenses that are within the scope of the normal business practice of the eligible entity before the covered period. (H) Covered supplier costs, as defined in section 7A(a) of the Small Business Act (as redesignated, transferred, and amended by section 304(b) of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (Public Law 116–260)). (I) Operational expenses. (J) Paid sick leave. (K) Any other expenses that the Administrator deter- mines to be essential to maintaining the eligible entity. H. R. 1319—87 (6) RETURNING FUNDS.—If an eligible entity that receives a grant under this subsection fails to use all grant funds or permanently ceases operations on or before the last day of the covered period, the eligible entity shall return to the Treasury any funds that the eligible entity did not use for the allowable expenses under paragraph (5). SEC. 5004. COMMUNITY NAVIGATOR PILOT PROGRAM. (a) DEFINITIONS.—In this section: (1) ADMINISTRATION.—The term ‘‘Administration’’ means the Small Business Administration. (2) ADMINISTRATOR.—The term ‘‘Administrator’’ means the Administrator of the Small Business Administration. (3) COMMUNITY NAVIGATOR SERVICES.—The term ‘‘commu- nity navigator services’’ means the outreach, education, and technical assistance provided by community navigators that target eligible businesses to increase awareness of, and partici- pation in, programs of the Small Business Administration. (4) COMMUNITY NAVIGATOR.—The term ‘‘community navi- gator’’ means a community organization, community financial institution as defined in section 7(a)(36)(A) of the Small Busi- ness Act (15 U.S.C. 636(a)(36)(A)), or other private nonprofit organization engaged in the delivery of community navigator services. (5) ELIGIBLE BUSINESS.—The term ‘‘eligible business’’ means any small business concern, with priority for small busi- ness concerns owned and controlled by women (as defined in section 3(n) of the Small Business Act (15 U.S.C. 632(n))), small business concerns owned and controlled by veterans (as defined in section 3(q) of such Act (15 U.S.C. 632(q))), and socially and economically disadvantaged small business con- cerns (as defined in section 8(a)(4)(A) of the Small Business Act (15 U.S.C. 637(a)(4)(A))). (6) PRIVATE NONPROFIT ORGANIZATION.—The term ‘‘private nonprofit organization’’ means an entity that is described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code. (7) RESOURCE PARTNER.—The term ‘‘resource partner’’ means— (A) a small business development center (as defined in section 3 of the Small Business Act (15 U.S.C. 632)); (B) a women’s business center (as described in section 29 of the Small Business Act (15 U.S.C. 656)); and (C) a chapter of the Service Corps of Retired Executives (as defined in section 8(b)(1)(B) of the Act (15 U.S.C. 637(b)(1)(B))). (8) SMALL BUSINESS CONCERN.—The term ‘‘small business concern’’ has the meaning given under section 3 of the Small Business Act (15 U.S.C. 632). (9) STATE.—The term ‘‘State’’ means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, and Guam, or an agency, instrumentality, or fiscal agent thereof. (10) UNIT OF GENERAL LOCAL GOVERNMENT.—The term ‘‘unit of general local government’’ means a county, city, town, village, or other general purpose political subdivision of a State. H. R. 1319—88 (b) COMMUNITY NAVIGATOR PILOT PROGRAM.— (1) IN GENERAL.—The Administrator of the Small Business Administration shall establish a Community Navigator pilot program to make grants to, or enter into contracts or coopera- tive agreements with, private nonprofit organizations, resource partners, States, Tribes, and units of local government to ensure the delivery of free community navigator services to current or prospective owners of eligible businesses in order to improve access to assistance programs and resources made available because of the COVID–19 pandemic by Federal, State, Tribal, and local entities. (2) APPROPRIATIONS.—In addition to amounts otherwise available, there is appropriated to the Administrator for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $100,000,000, to remain available until Sep- tember 30, 2022, for carrying out this subsection. (c) OUTREACH AND EDUCATION.— (1) PROMOTION.—The Administrator shall develop and implement a program to promote community navigator services to current or prospective owners of eligible businesses. (2) CALL CENTER.—The Administrator shall establish a tele- phone hotline to offer information about Federal programs to assist eligible businesses and offer referral services to resource partners, community navigators, potential lenders, and other persons that the Administrator determines appropriate for cur- rent or prospective owners of eligible businesses. (3) OUTREACH.—The Administrator shall— (A) conduct outreach and education, in the 10 most commonly spoken languages in the United States, to cur- rent or prospective owners of eligible businesses on commu- nity navigator services and other Federal programs to assist eligible businesses; (B) improve the website of the Administration to describe such community navigator services and other Fed- eral programs; and (C) implement an education campaign by advertising in media targeted to current or prospective owners of eligible businesses. (4) APPROPRIATIONS.—In addition to amounts otherwise available, there is appropriated to the Administrator for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $75,000,000, to remain available until September 30, 2022, for carrying out this subsection. (d) SUNSET.—The authority of the Administrator to make grants under this section shall terminate on December 31, 2025. SEC. 5005. SHUTTERED VENUE OPERATORS. (a) IN GENERAL.—In addition to amounts otherwise available, there is appropriated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $1,250,000,000, to remain available until expended, to carry out section 324 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (title III of division N of Public Law 116–260), of which $500,000 shall be used to provide technical assistance to help applicants access the System for Award Management (or any successor thereto) or to assist applicants with an alternative grant application system. H. R. 1319—89 (b) REDUCTION OF SHUTTERED VENUES ASSISTANCE FOR NEW PPP RECIPIENTS.—Section 324 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (title III of division N of Public Law 116–260), is amended— (1) in subsection (a)(1)(A)(vi)— (A) by striking subclause (III); (B) by redesignating subclause (IV) as subclause (III); and (C) in subclause (III), as so redesignated, by striking ‘‘subclauses (I), (II), and (III)’’ and inserting ‘‘subclauses (I) and (II)’’; and (2) in subsection (c)(1)— (A) in subparagraph (A), in the matter preceding clause (i), by striking ‘‘A grant’’ and inserting ‘‘Subject to subpara- graphs (B) and (C), a grant’’; and (B) by adding at the end the following: ‘‘(C) REDUCTION FOR RECIPIENTS OF NEW PPP LOANS.— ‘‘(i) IN GENERAL.—The otherwise applicable amount of a grant under subsection (b)(2) to an eligible person or entity shall be reduced by the total amount of loans guaranteed under paragraph (36) or (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)) that are received on or after December 27, 2020 by the eligible person or entity. ‘‘(ii) APPLICATION TO GOVERNMENTAL ENTITIES.— For purposes of applying clause (i) to an eligible person or entity owned by a State or a political subdivision of a State, the relevant entity— ‘‘(I) shall be the eligible person or entity; and ‘‘(II) shall not include entities of the State or political subdivision other than the eligible per- son or entity.’’. SEC. 5006. DIRECT APPROPRIATIONS. (a) IN GENERAL.—In addition to amounts otherwise available, there is appropriated to the Administrator for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, to remain available until expended— (1) $840,000,000 for administrative expenses, including to prevent, prepare for, and respond to the COVID–19 pandemic, domestically or internationally, including administrative expenses related to paragraphs (36) and (37) of section 7(a) of the Small Business Act, section 324 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (title III of division N of Public Law 116–260), section 5002 of this title, and section 5003 of this title; and (2) $460,000,000 to carry out the disaster loan program authorized by section 7(b) of the Small Business Act (15 U.S.C. 636(b)), of which $70,000,000 shall be for the cost of direct loans authorized by such section and $390,000,000 shall be for administrative expenses to carry out such program. (b) INSPECTOR GENERAL.—In addition to amounts otherwise available, there is appropriated to the Inspector General of the Small Business Administration for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $25,000,000, to remain available until expended, for necessary expenses of the Office of Inspector General. H. R. 1319—90 TITLE VI—COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS SEC. 6001. ECONOMIC ADJUSTMENT ASSISTANCE. (a) ECONOMIC DEVELOPMENT ADMINISTRATION APPROPRIA- TION.—In addition to amounts otherwise available, there is appro- priated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $3,000,000,000, to remain available until September 30, 2022, to the Department of Commerce for economic adjustment assistance as authorized by sections 209 and 703 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3149 and 3233) to prevent, prepare for, and respond to coronavirus and for necessary expenses for responding to eco- nomic injury as a result of coronavirus. (b) Of the funds provided by this section, up to 2 percent shall be used for Federal costs to administer such assistance uti- lizing temporary Federal personnel as may be necessary consistent with the requirements applicable to such administrative funding in fiscal year 2020 to prevent, prepare for, and respond to coronavirus and which shall remain available until September 30, 2027. (c) Of the funds provided by this section, 25 percent shall be for assistance to States and communities that have suffered economic injury as a result of job and gross domestic product losses in the travel, tourism, or outdoor recreation sectors. SEC. 6002. FUNDING FOR POLLUTION AND DISPARATE IMPACTS OF THE COVID–19 PANDEMIC. (a) IN GENERAL.—In addition to amounts otherwise available, there is appropriated to the Environmental Protection Agency for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $100,000,000, to remain available until expended, to address health outcome disparities from pollution and the COVID–19 pandemic, of which— (1) $50,000,000, shall be for grants, contracts, and other agency activities that identify and address disproportionate environmental or public health harms and risks in minority populations 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 (2) $50,000,000 shall be for grants and activities authorized under subsections (a) through (c) of section 103 of the Clean Air Act (42 U.S.C. 7403) and grants and activities authorized under section 105 of such Act (42 U.S.C. 7405). (b) ADMINISTRATION OF FUNDS.— (1) Of the funds made available pursuant to subsection (a)(1), the Administrator shall reserve 2 percent for administra- tive costs necessary to carry out activities funded pursuant to such subsection. H. R. 1319—91 (2) Of the funds made available pursuant to subsection (a)(2), the Administrator shall reserve 5 percent for activities funded pursuant to such subsection other than grants. SEC. 6003. 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, interdic- tions, 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 rescued 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 activi- ties 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). TITLE VII—COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION Subtitle A—Transportation and Infrastructure SEC. 7101. GRANTS TO THE NATIONAL RAILROAD PASSENGER COR- PORATION. (a) NORTHEAST CORRIDOR APPROPRIATION.—In addition to amounts otherwise available, there is appropriated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $970,388,160, to remain available until September 30, 2024, for grants as authorized under section 11101(a) of the FAST Act (Public Law 114–94) to prevent, prepare for, and respond to coronavirus. (b) NATIONAL NETWORK APPROPRIATION.—In addition to amounts otherwise available, there is appropriated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $729,611,840, to remain available until September 30, 2024, for H. R. 1319—92 grants as authorized under section 11101(b) of the FAST Act (Public Law 114–94) to prevent, prepare for, and respond to coronavirus. (c) LONG-DISTANCE SERVICE RESTORATION AND EMPLOYEE RECALLS.—Not less than $165,926,000 of the aggregate amounts made available under subsections (a) and (b) shall be for use by the National Railroad Passenger Corporation to— (1) restore, not later than 90 days after the date of enact- ment of this Act, the frequency of rail service on long-distance routes (as defined in section 24102 of title 49, United States Code) that the National Railroad Passenger Corporation reduced the frequency of on or after July 1, 2020, and continue to operate such service at such frequency; and (2) recall and manage employees furloughed on or after October 1, 2020, as a result of efforts to prevent, prepare for, and respond to coronavirus. (d) USE OF FUNDS IN LIEU OF CAPITAL PAYMENTS.—Not less than $109,805,000 of the aggregate amounts made available under subsections (a) and (b)— (1) shall be for use by the National Railroad Passenger Corporation in lieu of capital payments from States and com- muter rail passenger transportation providers that are subject to the cost allocation policy under section 24905(c) of title 49, United States Code; and (2) notwithstanding sections 24319(g) and 24905(c)(1)(A)(i) of title 49, United States Code, such amounts do not constitute cross-subsidization of commuter rail passenger transportation. (e) USE OF FUNDS FOR STATE PAYMENTS FOR STATE-SUPPORTED ROUTES.— (1) IN GENERAL.—Of the amounts made available under subsection (b), $174,850,000 shall be for use by the National Railroad Passenger Corporation to offset amounts required to be paid by States for covered State-supported routes. (2) FUNDING SHARE.—The share of funding provided under paragraph (1) with respect to a covered State-supported route shall be distributed as follows: (A) Each covered State-supported route shall receive 7 percent of the costs allocated to the route in fiscal year 2019 under the cost allocation methodology adopted pursu- ant to section 209 of the Passenger Rail Investment and Improvement Act of 2008 (Public Law 110–432). (B) Any remaining amounts after the distribution described in subparagraph (A) shall be apportioned to each covered State-supported route in proportion to the pas- senger revenue of such route and other revenue allocated to such route in fiscal year 2019 divided by the total passenger revenue and other revenue allocated to all cov- ered State-supported routes in fiscal year 2019. (3) COVERED STATE-SUPPORTED ROUTE DEFINED.—In this subsection, the term ‘‘covered State-supported route’’ means a State-supported route, as such term is defined in section 24102 of title 49, United States Code, but does not include a State-supported route for which service was terminated on or before February 1, 2020. (f) USE OF FUNDS FOR DEBT REPAYMENT OR PREPAYMENT.— Not more than $100,885,000 of the aggregate amounts made avail- able under subsections (a) and (b) shall be— H. R. 1319—93 (1) for the repayment or prepayment of debt incurred by the National Railroad Passenger Corporation under financing arrangements entered into prior to the date of enactment of this Act; and (2) to pay required reserves, costs, and fees related to such debt, including for loans from the Department of Transpor- tation and loans that would otherwise have been paid from National Railroad Passenger Corporation revenues. (g) PROJECT MANAGEMENT OVERSIGHT.—Not more than $2,000,000 of the aggregate amounts made available under sub- sections (a) and (b) shall be for activities authorized under section 11101(c) of the FAST Act (Public Law 114–94). SEC. 7102. RELIEF FOR AIRPORTS. (a) IN GENERAL.— (1) IN GENERAL.—In addition to amounts otherwise avail- able, there is appropriated for fiscal year 2021, out of any funds in the Treasury not otherwise appropriated, $8,000,000,000, to remain available until September 30, 2024, for assistance to sponsors of airports, as such terms are defined in section 47102 of title 49, United States Code, to be made available to prevent, prepare for, and respond to coronavirus. (2) REQUIREMENTS AND LIMITATIONS.—Amounts made available under this section— (A) may not be used for any purpose not directly related to the airport; and (B) may not be provided to any airport that was allo- cated in excess of 4 years of operating funds to prevent, prepare for, and respond to coronavirus in fiscal year 2020. (b) ALLOCATIONS.—The following terms shall apply to the amounts made available under this section: (1) OPERATING EXPENSES AND DEBT SERVICE PAYMENTS.— (A) IN GENERAL.—Not more than $6,492,000,000 shall be made available for primary airports, as such term is defined in section 47102 of title 49, United States Code, and certain cargo airports, for costs related to operations, personnel, cleaning, sanitization, janitorial services, com- bating the spread of pathogens at the airport, and debt service payments. (B) DISTRIBUTION.— Amounts made available under this paragraph— (i) shall not be subject to the reduced apportion- ments under section 47114(f) of title 49, United States Code; (ii) shall first be apportioned as set forth in sec- tions 47114(c)(1)(A), 47114(c)(1)(C)(i), 47114(c)(1)(C)(ii), 47114(c)(2)(A), 47114(c)(2)(B), and 47114(c)(2)(E) of title 49, United States Code; and (iii) shall not be subject to a maximum apportion- ment limit set forth in section 47114(c)(1)(B) of title 49, United States Code. (C) REMAINING AMOUNTS.—Any amount remaining after distribution under subparagraph (B) shall be distrib- uted to the sponsor of each primary airport (as such term is defined in section 47102 of title 49, United States Code) based on each such primary airport’s passenger enplanements compared to the total passenger H. R. 1319—94 enplanements of all such primary airports in calendar year 2019. (2) FEDERAL SHARE FOR DEVELOPMENT PROJECTS.— (A) IN GENERAL.—Not more than $608,000,000 allo- cated under subsection (a)(1) shall be available to pay a Federal share of 100 percent of the costs for any grant awarded in fiscal year 2021, or in fiscal year 2020 with less than a 100-percent Federal share, for an airport development project (as such term is defined in section 47102 of title 49). (B) REMAINING AMOUNTS.—Any amount remaining under this paragraph shall be distributed as described in paragraph (1)(C). (3) NONPRIMARY AIRPORTS.— (A) IN GENERAL.—Not more than $100,000,000 shall be made available for general aviation and commercial service airports that are not primary airports (as such terms are defined in section 47102 of title 49, United States Code) for costs related to operations, personnel, cleaning, sanitization, janitorial services, combating the spread of pathogens at the airport, and debt service payments. (B) DISTRIBUTION.—Amounts made available under this paragraph shall be apportioned to each non-primary airport based on the categories published in the most cur- rent National Plan of Integrated Airport Systems, reflecting the percentage of the aggregate published eligible develop- ment costs for each such category, and then dividing the allocated funds evenly among the eligible airports in each category, rounding up to the nearest thousand dollars. (C) REMAINING AMOUNTS.—Any amount remaining under this paragraph shall be distributed as described in paragraph (1)(C). (4) AIRPORT CONCESSIONS.— (A) IN GENERAL.—Not more than $800,000,000 shall be made available for sponsors of primary airports to pro- vide relief from rent and minimum annual guarantees to airport concessions, of which at least $640,000,000 shall be available to provide relief to eligible small airport conces- sions and of which at least $160,000,000 shall be available to provide relief to eligible large airport concessions located at primary airports. (B) DISTRIBUTION.—The amounts made available for each set-aside in this paragraph shall be distributed to the sponsor of each primary airport (as such term is defined in section 47102 of title 49, United States Code) based on each such primary airport’s passenger enplanements compared to the total passenger enplanements of all such primary airports in calendar year 2019. (C) CONDITIONS.—As a condition of approving a grant under this paragraph— (i) the sponsor shall provide such relief from the date of enactment of this Act until the sponsor has provided relief equaling the total grant amount, to the extent practicable and to the extent permissible under State laws, local laws, and applicable trust indentures; and H. R. 1319—95 (ii) for each set-aside, the sponsor shall provide relief from rent and minimum annual guarantee obliga- tions to each eligible airport concession in an amount that reflects each eligible airport concession’s propor- tional share of the total amount of the rent and min- imum annual guarantees of those eligible airport concessions at such airport. (c) ADMINISTRATION.— (1) ADMINISTRATIVE EXPENSES.—The Administrator of the Federal Aviation Administration may retain up to 0.1 percent of the funds provided under this section to fund the award of, and oversight by the Administrator of, grants made under this section. (2) WORKFORCE RETENTION REQUIREMENTS.— (A) REQUIRED RETENTION.—As a condition for receiving funds provided under this section, an airport shall continue to employ, through September 30, 2021, at least 90 percent of the number of individuals employed (after making adjustments for retirements or voluntary employee separa- tions) by the airport as of March 27, 2020. (B) WAIVER OF RETENTION REQUIREMENT.—The Sec- retary shall waive the workforce retention requirement if the Secretary determines that— (i) the airport is experiencing economic hardship as a direct result of the requirement; or (ii) the requirement reduces aviation safety or security. (C) EXCEPTION.—The workforce retention requirement shall not apply to nonhub airports or nonprimary airports receiving funds under this section. (D) NONCOMPLIANCE.—Any financial assistance pro- vided under this section to an airport that fails to comply with the workforce retention requirement described in subparagraph (A), and does not otherwise qualify for a waiver or exception under this paragraph, shall be subject to clawback by the Secretary. (d) DEFINITIONS.—In this section: (1) ELIGIBLE LARGE AIRPORT CONCESSION.—The term ‘‘eligible large airport concession’’ means a concession (as defined in section 23.3 of title 49, Code of Federal Regulations), that is in-terminal and has maximum gross receipts, averaged over the previous three fiscal years, of more than $56,420,000. (2) ELIGIBLE SMALL AIRPORT CONCESSION.—The term ‘‘eligible small airport concession’’ means a concession (as defined in section 23.3 of title 49, Code of Federal Regulations), that is in-terminal and— (A) a small business with maximum gross receipts, averaged over the previous 3 fiscal years, of less than $56,420,000; or (B) is a joint venture (as defined in section 23.3 of title 49, Code of Federal Regulations). SEC. 7103. EMERGENCY FAA EMPLOYEE LEAVE FUND. (a) ESTABLISHMENT; APPROPRIATION.—There is established in the Federal Aviation Administration the Emergency FAA Employee Leave Fund (in this section referred to as the ‘‘Fund’’), to be H. R. 1319—96 administered by the Administrator of the Federal Aviation Adminis- tration, 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 appro- priated, $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 Administrator for the use of paid leave under this section by any employee of the Administration who is unable to work because the employee— (1) is subject to a Federal, State, or local quarantine or isolation order related to COVID–19; (2) has been advised by a health care provider to self- quarantine 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 optional a virtual learning instruction model or requires or makes optional a hybrid of in-person and virtual learning instruction 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 condi- tion; (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 direct care provider is unavailable due to COVID–19; or (8) is obtaining immunization related to COVID–19 or is recovering 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 Administration during the period beginning on the date of enactment 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 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 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. H. R. 1319—97 (3) RELATIONSHIP TO OTHER LEAVE.—Paid leave under this section— (A) is in addition to any other leave provided to an employee 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 civilian retirement benefit. SEC. 7104. EMERGENCY TSA EMPLOYEE LEAVE FUND. (a) ESTABLISHMENT; APPROPRIATION.—There is established in the Transportation Security Administration (in this section referred to as the ‘‘Administration’’) the Emergency TSA Employee Leave Fund (in this section referred to as the ‘‘Fund’’), to be administered by the Administrator of the Administration, 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, $13,000,000, 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 Administration for the use of paid leave under this section by any employee of the Administration who is unable to work because the employee— (1) is subject to a Federal, State, or local quarantine or isolation order related to COVID–19; (2) has been advised by a health care provider to self- quarantine 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 optional a virtual learning instruction model or requires or makes optional a hybrid of in-person and virtual learning instruction 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 condi- tion; (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 direct care provider is unavailable due to COVID–19; or (8) is obtaining immunization related to COVID–19 or is recovering 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 Administration during the period beginning on the date of enactment of this section and ending on September 30, 2021. H. R. 1319—98 (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 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 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 employee 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 civilian retirement benefit. Subtitle B—Aviation Manufacturing Jobs Protection SEC. 7201. DEFINITIONS. In this subtitle: (1) ELIGIBLE EMPLOYEE GROUP.—The term ‘‘eligible employee group’’ means the portion of an employer’s United States workforce that— (A) does not exceed 25 percent of the employer’s total United States workforce as of April 1, 2020; and (B) contains only employees with a total compensation level of $200,000 or less per year; and (C) is engaged in aviation manufacturing activities and services, or maintenance, repair, and overhaul activities and services. (2) AVIATION MANUFACTURING COMPANY.—The term ‘‘avia- tion manufacturing company’’ means a corporation, firm, or other business entity— (A) that— (i) actively manufactures an aircraft, aircraft engine, propeller, or a component, part, or systems of an aircraft or aircraft engine under a Federal Avia- tion Administration production approval; (ii) holds a certificate issued under part 145 of title 14, Code of Federal Regulations, for maintenance, repair, and overhaul of aircraft, aircraft engines, components, or propellers; or (iii) operates a process certified to SAE AS9100 related to the design, development, or provision of an H. R. 1319—99 aviation product or service, including a part, compo- nent, or assembly; (B) which— (i) is established, created, or organized in the United States or under the laws of the United States; and (ii) has significant operations in, and a majority of its employees engaged in aviation manufacturing activities and services, or maintenance, repair, and overhaul activities and services based in the United States; (C) which has involuntarily furloughed or laid off at least 10 percent of its workforce in 2020 as compared to 2019 or has experienced at least a 15 percent decline in 2020 revenues as compared to 2019; (D) that, as supported by sworn financial statements or other appropriate data, has identified the eligible employee group and the amount of total compensation level for the eligible employee group; (E) that agrees to provide private contributions and maintain the total compensation level for the eligible employee group for the duration of an agreement under this subtitle; (F) that agrees to provide immediate notice and jus- tification to the Secretary of involuntary furloughs or lay- offs exceeding 10 percent of the workforce that is not included in an eligible employee group for the duration of an agreement and receipt of public contributions under this subtitle; (G) that has not conducted involuntary furloughs or reduced pay rates or benefits for the eligible employee group, subject to the employer’s right to discipline or termi- nate an employee in accordance with employer policy, between the date of application and the date on which such a corporation, firm, or other business entity enters into an agreement with the Secretary under this subtitle; and (H) that— (i) in the case of a corporation, firm, or other business entity including any parent company or sub- sidiary of such a corporation, firm, or other business entity, that holds any type or production certificate or similar authorization issued under section 44704 of title 49, United States Code, with respect to a trans- port-category airplane covered under part 25 of title 14, Code of Federal Regulations, certificated with a passenger seating capacity of 50 or more, agrees to refrain from conducting involuntary layoffs or fur- loughs, or reducing pay rates and benefits, for the eligible employee group, subject to the employer’s right to discipline or terminate an employee in accordance with employer policy from the date of agreement until September 30, 2021, or the duration of the agreement and receipt of public contributions under this subtitle, whichever period ends later; or (ii) in the case of corporation, firm, or other busi- ness entity not specified under subparagraph (i), agrees H. R. 1319—100 to refrain from conducting involuntary layoffs or fur- loughs, or reducing pay rates and benefits, for the eligible employee group, subject to the employer’s right to discipline or terminate an employee in accordance with employer policy for the duration of the agreement and receipt of public contributions under this subtitle. (3) EMPLOYEE.—The term ‘‘employee’’ has the meaning given that term in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203). (4) EMPLOYER.—The term ‘‘employer’’ means an aviation manufacturing company that is an employer (as defined in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203)). (5) PRIVATE CONTRIBUTION.—The term ‘‘private contribu- tion’’ means the contribution funded by the employer under this subtitle to maintain 50 percent of the eligible employee group’s total compensation level, and combined with the public contribution, is sufficient to maintain the total compensation level for the eligible employee group as of April 1, 2020. (6) PUBLIC CONTRIBUTION.—The term ‘‘public contribution’’ means the contribution funded by the Federal Government under this subtitle to provide 50 percent of the eligible employees group’s total compensation level, and combined with the private contribution, is sufficient to maintain the total compensation level for those in the eligible employee group as of April 1, 2020. (7) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Transportation. (8) TOTAL COMPENSATION LEVEL.—The term ‘‘total com- pensation level’’ means the level of total base compensation and benefits being provided to an eligible employee group employee, excluding overtime and premium pay, and excluding any Federal, State, or local payroll taxes paid, as of April 1, 2020. SEC. 7202. PAYROLL SUPPORT PROGRAM. (a) IN GENERAL.—The Secretary shall establish a payroll sup- port program and enter into agreements with employers who meet the eligibility criteria specified in subsection (b) and are not ineli- gible under subsection (c), to provide public contributions to supple- ment compensation of an eligible employee group. There is appro- priated for fiscal year 2021, out of amounts in the Treasury not otherwise appropriated, $3,000,000,000, to remain available until September 30, 2023, for the Secretary to carry out the payroll support program authorized under the preceding sentence for which 1 percent of the funds may be used for implementation costs and administrative expenses. (b) ELIGIBILITY.—The Secretary shall enter into an agreement and provide public contributions, for a term no longer than 6 months, solely with an employer that agrees to use the funds received under an agreement exclusively for the continuation of employee wages, salaries, and benefits, to maintain the total com- pensation level for the eligible employee group as of April 1, 2020 for the duration of the agreement, and to facilitate the retention, rehire, or recall of employees of the employer, except that such funds may not be used for back pay of returning rehired or recalled employees. H. R. 1319—101 (c) INELIGIBILITY.—The Secretary may not enter into any agree- ment under this section with an employer who was allowed a credit under section 2301 of the CARES Act (26 U.S.C. 3111 note) for the immediately preceding calendar quarter ending before such agreement is entered into, who received financial assistance under section 4113 of the CARES Act (15 U.S.C. 9073), or who is currently expending financial assistance under the paycheck protection pro- gram established under section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)), as of the date the employer submits an application under the payroll support program established under subsection (a). (d) REDUCTIONS.—To address any shortfall in assistance that would otherwise be provided under this subtitle, the Secretary shall reduce, on a pro rata basis, the financial assistance provided under this subtitle. (e) AGREEMENT DEADLINE.—No agreement may be entered into by the Secretary under the payroll support program established under subsection (a) after the last day of the 6 month period that begins on the effective date of the first agreement entered into under such program. Subtitle C—Airlines SEC. 7301. AIR TRANSPORTATION PAYROLL SUPPORT PROGRAM EXTENSION. (a) DEFINITIONS.—The definitions in section 40102(a) of title 49, United States Code, shall apply with respect to terms used in this section, except that— (1) the term ‘‘catering functions’’ means preparation, assembly, or both, of food, beverages, provisions and related supplies for delivery, and the delivery of such items, directly to aircraft or to a location on or near airport property for subsequent delivery to aircraft; (2) the term ‘‘contractor’’ means— (A) a person that performs, under contract with a passenger air carrier conducting operations under part 121 of title 14, Code of Federal Regulations— (i) catering functions; or (ii) functions on the property of an airport that are directly related to the air transportation of persons, property, or mail, including the loading and unloading of property on aircraft, assistance to passengers under part 382 of title 14, Code of Federal Regulations, secu- rity, airport ticketing and check-in functions, ground- handling of aircraft, or aircraft cleaning and sanitiza- tion functions and waste removal; or (B) a subcontractor that performs such functions; (3) the term ‘‘employee’’ means an individual, other than a corporate officer, who is employed by an air carrier or a contractor; (4) the term ‘‘eligible air carrier’’ means an air carrier that— (A) received financial assistance pursuant section 402(a)(1) of division N of the Consolidated Appropriations Act, 2021 (Public Law 116–260); (B) provides air transportation as of March 31, 2021; H. R. 1319—102 (C) has not conducted involuntary furloughs or reduced pay rates or benefits between March 31, 2021, and the date on which the air carrier makes a certification to the Secretary pursuant to subparagraph (D); and (D) certifies to the Secretary that such air carrier will— (i) refrain from conducting involuntary furloughs or reducing pay rates or benefits until September 30, 2021, or the date on which assistance provided under this section is exhausted, whichever is later; (ii) refrain from purchasing an equity security of the air carrier or the parent company of the air carrier that is listed on a national securities exchange through September 30, 2022; (iii) refrain from paying dividends, or making other capital distributions, with respect to common stock (or equivalent interest) of such air carrier through September 30, 2022; (iv) during the 2-year period beginning April 1, 2021, and ending April 1, 2023, refrain from paying— (I) any officer or employee of the air carrier whose total compensation exceeded $425,000 in calendar year 2019 (other than an employee whose compensation is determined through an existing collective bargaining agreement entered into prior to the date of enactment of this Act)— (aa) total compensation that exceeds, during any 12 consecutive months of such 2- year period, the total compensation received by the officer or employee from the air carrier in calendar year 2019; or (bb) severance pay or other benefits upon termination of employment with the air carrier which exceeds twice the maximum total com- pensation received by the officer or employee from the air carrier in calendar year 2019; and (II) any officer or employee of the air carrier whose total compensation exceeded $3,000,000 in calendar year 2019 during any 12 consecutive months of such period total compensation in excess of the sum of— (aa) $3,000,000; and (bb) 50 percent of the excess over $3,000,000 of the total compensation received by the officer or employee from the air carrier in calendar year 2019. (5) the term ‘‘eligible contractor’’ means a contractor that— (A) received financial assistance pursuant to section 402(a)(2) of division N of the Consolidated Appropriations Act, 2021 (Public Law 116–260); (B) performs one or more of the functions described under paragraph (2) as of March 31, 2021; (C) has not conducted involuntary furloughs or reduced pay rates or benefits between March 31, 2021, and the date on which the contractor makes a certification to the Secretary pursuant to subparagraph (D); and (D) certifies to the Secretary that such contractor will— H. R. 1319—103 (i) refrain from conducting involuntary furloughs or reducing pay rates or benefits until September 30, 2021, or the date on which assistance provided under this section is exhausted, whichever is later; (ii) refrain from purchasing an equity security of the contractor or the parent company of the contractor that is listed on a national securities exchange through September 30, 2022; (iii) refrain from paying dividends, or making other capital distributions, with respect to common stock (or equivalent interest) of the contractor through Sep- tember 30, 2022; (iv) during the 2-year period beginning April 1, 2021, and ending April 1, 2023, refrain from paying— (I) any officer or employee of the contractor whose total compensation exceeded $425,000 in calendar year 2019 (other than an employee whose compensation is determined through an existing collective bargaining agreement entered into prior to the date of enactment of this Act)— (aa) total compensation that exceeds, during any 12 consecutive months of such 2- year period, the total compensation received by the officer or employee from the contractor in calendar year 2019; or (bb) severance pay or other benefits upon termination of employment with the contractor which exceeds twice the maximum total com- pensation received by the officer or employee from the contractor in calendar year 2019; and (II) any officer or employee of the contractor whose total compensation exceeded $3,000,000 in calendar year 2019 during any 12 consecutive months of such period total compensation in excess of the sum of— (aa) $3,000,000; and (bb) 50 percent of the excess over $3,000,000 of the total compensation received by the officer or employee from the contractor in calendar year 2019. (6) the term ‘‘Secretary’’ means the Secretary of the Treasury. (b) PAYROLL SUPPORT GRANTS.— (1) IN GENERAL.—The Secretary shall make available to eligible air carriers and eligible contractors, financial assistance exclusively for the continuation of payment of employee wages, salaries, and benefits to— (A) eligible air carriers, in an aggregate amount of $14,000,000,000; and (B) eligible contractors, in an aggregate amount of $1,000,000,000. (2) APPORTIONMENTS.— (A) IN GENERAL.—The Secretary shall apportion funds to eligible air carriers and eligible contractors in accordance with the requirements of this section not later than April 15, 2021. H. R. 1319—104 (B) ELIGIBLE AIR CARRIERS.—The Secretary shall appor- tion funds made available under paragraph (1)(A) to each eligible air carrier in the ratio that— (i) the amount received by the air carrier pursuant to section 403(a) of division N of the Consolidated Appropriations Act, 2021 (Public Law 116–260) bears to (ii) $15,000,000,000. (C) ELIGIBLE CONTRACTORS.—The Secretary shall apportion, to each eligible contractor, an amount equal to the total amount such contractor received pursuant to section 403(a) of division N of the Consolidated Appropria- tions Act, 2021 (Public Law 116–260). (3) IN GENERAL.— (A) FORMS; TERMS AND CONDITIONS.—The Secretary shall provide financial assistance to an eligible air carrier or eligible contractor under this section in the same form and on the same terms and conditions as determined by pursuant to section 403(b)(1)(A) of subtitle A of title IV of division N of the Consolidated Appropriations Act, 2021 (Pub. L. No. 116–260). (B) PROCEDURES.—The Secretary shall publish stream- lined and expedited procedures not later than 5 days after the date of enactment of this section for eligible air carriers and eligible contractors to submit requests for financial assistance under this section. (C) DEADLINE FOR IMMEDIATE PAYROLL ASSISTANCE.— Not later than 10 days after the date of enactment of this section, the Secretary shall make initial payments to air carriers and contractors that submit requests for financial assistance approved by the Secretary. (4) TAXPAYER PROTECTION.—The Secretary shall receive financial instruments issued by recipients of financial assist- ance under this section in the same form and amount, and under the same terms and conditions, as determined by the Secretary under section 408 of subtitle A of title IV of division N of the Consolidated Appropriations Act, 2021 (Pub. L. No. 116–260). (5) ADMINISTRATIVE EXPENSES.—Of the amounts made available under paragraph (1)(A), $10,000,000 shall be made available to the Secretary for costs and administrative expenses associated with providing financial assistance under this sec- tion. (c) FUNDING.—In addition to amounts otherwise available, there is appropriated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $15,000,000,000, to remain available until expended, to carry out this section. H. R. 1319—105 Subtitle D—Consumer Protection and Commerce Oversight SEC. 7401. FUNDING FOR CONSUMER PRODUCT SAFETY FUND TO PRO- TECT CONSUMERS FROM POTENTIALLY DANGEROUS PRODUCTS RELATED TO COVID–19. (a) APPROPRIATION.—In addition to amounts otherwise avail- able, there is appropriated to the Consumer Product Safety Commis- sion for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $50,000,000, to remain available until Sep- tember 30, 2026, for the purposes described in subsection (b). (b) PURPOSES.—The funds made available in subsection (a) shall only be used for purposes of the Consumer Product Safety Commission to— (1) carry out the requirements in title XX of division FF of the Consolidated Appropriations Act, 2021 (Public Law 116– 260); (2) enhance targeting, surveillance, and screening of con- sumer products, particularly COVID–19 products, entering the United States at ports of entry, including ports of entry for de minimis shipments; (3) enhance monitoring of internet websites for the offering for sale of new and used violative consumer products, particu- larly COVID–19 products, and coordination with retail and resale websites to improve identification and elimination of listings of such products; (4) increase awareness and communication particularly of COVID–19 product related risks and other consumer product safety information; and (5) improve the Commission’s data collection and analysis system especially with a focus on consumer product safety risks resulting from the COVID–19 pandemic to socially dis- advantaged individuals and other vulnerable populations. (c) DEFINITIONS.—In this section— (1) the term ‘‘Commission’’ means the Consumer Product Safety Commission; (2) the term ‘‘violative consumer products’’ means consumer products in violation of an applicable consumer product safety standard under the Consumer Product Safety Act (15 U.S.C. 2051 et seq.) or any similar rule, regulation, standard, or ban under any other Act enforced by the Commission; (3) the term ‘‘COVID–19 emergency period’’ means the period during which a public health emergency declared pursu- ant to section 319 of the Public Health Service Act (42 U.S.C. 247d) with respect to the 2019 novel coronavirus (COVID– 19), including under any renewal of such declaration, is in effect; and (4) the term ‘‘COVID–19 products’’ means consumer prod- ucts, as defined by section 3(a)(5) of the Consumer Product Safety Act (15 U.S.C. 2052(a)(5)), whose risks have been signifi- cantly affected by COVID–19 or whose sales have materially increased during the COVID–19 emergency period as a result of the COVID–19 pandemic. H. R. 1319—106 SEC. 7402. FUNDING FOR E-RATE SUPPORT FOR EMERGENCY EDU- CATIONAL CONNECTIONS AND DEVICES. (a) REGULATIONS REQUIRED.—Not later than 60 days after the date of the enactment of this Act, the Commission shall promulgate regulations providing for the provision, from amounts made avail- able from the Emergency Connectivity Fund, of support under para- graphs (1)(B) and (2) of section 254(h) of the Communications Act of 1934 (47 U.S.C. 254(h)) to an eligible school or library, for the purchase during a COVID–19 emergency period of eligible equipment or advanced telecommunications and information serv- ices (or both), for use by— (1) in the case of a school, students and staff of the school at locations that include locations other than the school; and (2) in the case of a library, patrons of the library at locations that include locations other than the library. (b) SUPPORT AMOUNT.—In providing support under the covered regulations, the Commission shall reimburse 100 percent of the costs associated with the eligible equipment, advanced telecommuni- cations and information services, or eligible equipment and advanced telecommunications and information services, except that any reimbursement of a school or library for the costs associated with any eligible equipment may not exceed an amount that the Commission determines, with respect to the request by the school or library for the reimbursement, is reasonable. (c) EMERGENCY CONNECTIVITY FUND.— (1) ESTABLISHMENT.—There is established in the Treasury of the United States a fund to be known as the ‘‘Emergency Connectivity Fund’’. (2) APPROPRIATION.—In addition to amounts otherwise available, there is appropriated to the Emergency Connectivity Fund for fiscal year 2021, out of any money in the Treasury not otherwise appropriated— (A) $7,171,000,000, to remain available until Sep- tember 30, 2030, for— (i) the provision of support under the covered regu- lations; and (ii) the Commission to adopt, and the Commission and the Universal Service Administrative Company to administer, the covered regulations; and (B) $1,000,000, to remain available until September 30, 2030, for the Inspector General of the Commission to conduct oversight of support provided under the covered regulations. (3) LIMITATION.—Not more than 2 percent of the amount made available under paragraph (2)(A) may be used for the purposes described in clause (ii) of such paragraph. (4) RELATIONSHIP TO UNIVERSAL SERVICE CONTRIBUTIONS.— Support provided under the covered regulations shall be pro- vided from amounts made available from the Emergency Connectivity Fund and not from contributions under section 254(d) of the Communications Act of 1934 (47 U.S.C. 254(d)). (d) DEFINITIONS.—In this section: (1) ADVANCED TELECOMMUNICATIONS AND INFORMATION SERVICES.—The term ‘‘advanced telecommunications and information services’’ means advanced telecommunications and information services, as such term is used in section 254(h) of the Communications Act of 1934 (47 U.S.C. 254(h)). H. R. 1319—107 (2) COMMISSION.—The term ‘‘Commission’’ means the Fed- eral Communications Commission. (3) CONNECTED DEVICE.—The term ‘‘connected device’’ means a laptop computer, tablet computer, or similar end- user device that is capable of connecting to advanced tele- communications and information services. (4) COVERED REGULATIONS.—The term ‘‘covered regula- tions’’ means the regulations promulgated under subsection (a). (5) COVID–19 EMERGENCY PERIOD.—The term ‘‘COVID– 19 emergency period’’ means a period that— (A) begins on the date of a determination by the Sec- retary of Health and Human Services pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d) that a public health emergency exists as a result of COVID– 19; and (B) ends on the June 30 that first occurs after the date that is 1 year after the date on which such determina- tion (including any renewal thereof) terminates. (6) ELIGIBLE EQUIPMENT.—The term ‘‘eligible equipment’’ means the following: (A) Wi-Fi hotspots. (B) Modems. (C) Routers. (D) Devices that combine a modem and router. (E) Connected devices. (7) ELIGIBLE SCHOOL OR LIBRARY.—The term ‘‘eligible school or library’’ means an elementary school, secondary school, or library (including a Tribal elementary school, Tribal secondary school, or Tribal library) eligible for support under paragraphs (1)(B) and (2) of section 254(h) of the Communications Act of 1934 (47 U.S.C. 254(h)). (8) EMERGENCY CONNECTIVITY FUND.—The term ‘‘Emer- gency Connectivity Fund’’ means the fund established under subsection (c)(1). (9) LIBRARY.—The term ‘‘library’’ includes a library consor- tium. (10) WI-FI.—The term ‘‘Wi-Fi’’ means a wireless networking protocol based on Institute of Electrical and Electronics Engi- neers standard 802.11 (or any successor standard). (11) WI-FI HOTSPOT.—The term ‘‘Wi-Fi hotspot’’ means a device that is capable of— (A) receiving advanced telecommunications and information services; and (B) sharing such services with a connected device through the use of Wi-Fi. SEC. 7403. FUNDING FOR DEPARTMENT OF COMMERCE INSPECTOR GENERAL. In addition to amounts otherwise available, there is appro- priated to the Office of the Inspector General of the Department of Commerce for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $3,000,000, to remain available until September 30, 2022, for oversight of activities supported with funds appropriated to the Department of Commerce to prevent, prepare for, and respond to COVID–19. H. R. 1319—108 SEC. 7404. FEDERAL TRADE COMMISSION FUNDING FOR COVID–19 RELATED WORK. (a) APPROPRIATION.—In addition to amounts otherwise avail- able, there is appropriated to the Federal Trade Commission for fiscal year 2021, $30,400,000, to remain available until September 30, 2026, for the purposes described in subsection (b). (b) PURPOSES.—From the amount appropriated under sub- section (a), the Federal Trade Commission shall use— (1) $4,400,000 to process and monitor consumer complaints received into the Consumer Sentinel Network, including increased complaints received regarding unfair or deceptive acts or practices related to COVID–19; (2) $2,000,000 for consumer-related education, including in connection with unfair or deceptive acts or practices related to COVID–19; and (3) $24,000,000 to fund full-time employees of the Federal Trade Commission to address unfair or deceptive acts or prac- tices, including those related to COVID–19. Subtitle E—Science and Technology SEC. 7501. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY. In addition to amounts otherwise made available, there are appropriated to the National Institute of Standards and Technology for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $150,000,000, to remain available until September 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 require- ments. SEC. 7502. NATIONAL SCIENCE FOUNDATION. In addition to amounts otherwise made available, there are appropriated 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 agree- ments, scholarships, fellowships, and apprenticeships, and related administrative expenses to prevent, prepare for, and respond to coronavirus. Subtitle F—Corporation for Public Broadcasting SEC. 7601. SUPPORT FOR THE CORPORATION FOR PUBLIC BROAD- CASTING. In addition to amounts otherwise made available, there is appropriated to the Corporation for Public Broadcasting for fiscal year 2021, out of any money in the Treasury not otherwise appro- priated, $175,000,000, to remain available until expended, to pre- vent, prepare for, and respond to coronavirus, including for fiscal stabilization grants to public telecommunications entities, as defined in section 397 of the Communications Act of 1934 (47 U.S.C. 397), with no deduction for administrative or other costs of the Corporation, to maintain programming and services and H. R. 1319—109 preserve small and rural stations threatened by declines in non- Federal revenues. TITLE VIII—COMMITTEE ON VETERANS’ AFFAIRS SEC. 8001. FUNDING FOR CLAIMS AND APPEALS PROCESSING. In addition to amounts otherwise made available, there is appropriated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $272,000,000, to remain available until September 30, 2023, pursuant to sections 308, 310, 7101 through 7113, 7701, and 7703 of title 38, United States Code. SEC. 8002. FUNDING AVAILABILITY FOR MEDICAL CARE AND HEALTH NEEDS. In addition to amounts otherwise made available, there is appropriated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $14,482,000,000, to remain available until September 30, 2023, for allocation under chapters 17, 20, 73, and 81 of title 38, United States Code, of which not more than $4,000,000,000 shall be available pursuant to section 1703 of title 38, United States Code for health care furnished through the Veterans Community Care program in sections 1703(c)(1) and 1703(c)(5) of such title. SEC. 8003. FUNDING FOR SUPPLY CHAIN MODERNIZATION. In addition to amounts otherwise made available, there is appropriated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $100,000,000, to remain available until September 30, 2022, for the supply chain modernization initiative under sections 308, 310, and 7301(b) of title 38, United States Code. SEC. 8004. FUNDING FOR STATE HOMES. In addition to amounts otherwise made available, there are appropriated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated— (1) $500,000,000, to remain available until expended, for allocation under sections 8131 through 8137 of title 38, United States Code: and (2) $250,000,000, to remain available until September 30, 2022, for a one-time only obligation and expenditure to existing State extended care facilities for veterans in proportion to each State’s share of the total resident capacity in such facilities as of the date of enactment of this Act where such capacity includes only veterans on whose behalf the Department pays a per diem payment pursuant to section 1741 or 1745 of title 38, United States Code. SEC. 8005. FUNDING FOR THE DEPARTMENT OF VETERANS AFFAIRS OFFICE OF INSPECTOR GENERAL. In addition to amounts otherwise made available, there is appropriated to the Office of Inspector General of the Department of Veterans Affairs for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $10,000,000, to remain avail- able until expended, for audits, investigations, and other oversight H. R. 1319—110 of projects and activities carried out with funds made available to the Department of Veterans Affairs. SEC. 8006. COVID–19 VETERAN RAPID RETRAINING ASSISTANCE PRO- GRAM. (a) IN GENERAL.—The Secretary of Veterans Affairs shall carry out a program under which the Secretary shall provide up to 12 months of retraining assistance to an eligible veteran for the pursuit of a covered program of education. Such retraining assist- ance shall be in addition to any other entitlement to educational assistance or benefits for which a veteran is, or has been, eligible. (b) ELIGIBLE VETERANS.— (1) IN GENERAL.—In this section, the term ‘‘eligible veteran’’ means a veteran who— (A) as of the date of the receipt by the Department of Veterans Affairs of an application for assistance under this section, is at least 22 years of age but not more than 66 years of age; (B) as of such date, is unemployed by reason of the covered public health emergency, as certified by the vet- eran; (C) as of such date, is not eligible to receive educational assistance under chapter 30, 31, 32, 33, or 35 of title 38, United States Code, or chapter 1606 of title 10, United States Code; (D) is not enrolled in any Federal or State jobs pro- gram; (E) is not in receipt of compensation for a service- connected disability rated totally disabling by reason of unemployability; and (F) will not be in receipt of unemployment compensa- tion (as defined in section 85(b) of the Internal Revenue Code of 1986), including any cash benefit received pursuant to subtitle A of title II of division A of the CARES Act (Public Law 116–136), as of the first day on which the veteran would receive a housing stipend payment under this section. (2) TREATMENT OF VETERANS WHO TRANSFER ENTITLE- MENT.—For purposes of paragraph (1)(C), a veteran who has transferred all of the veteran’s entitlement to educational assistance under section 3319 of title 38, United States Code, shall be considered to be a veteran who is not eligible to receive educational assistance under chapter 33 of such title. (3) FAILURE TO COMPLETE.—A veteran who receives retraining assistance under this section to pursue a program of education and who fails to complete the program of education shall not be eligible to receive additional assistance under this section. (c) COVERED PROGRAMS OF EDUCATION.— (1) IN GENERAL.—For purposes of this section, a covered program of education is a program of education (as such term is defined in section 3452(b) of title 38, United States Code) for training, pursued on a full-time or part-time basis— (A) that— (i) is approved under chapter 36 of such title; (ii) does not lead to a bachelors or graduate degree; and H. R. 1319—111 (iii) is designed to provide training for a high- demand occupation, as determined under paragraph (3); or (B) that is a high technology program of education offered by a qualified provider, under the meaning given such terms in section 116 of the Harry W. Colmery Vet- erans Educational Assistance Act of 2017 (Public Law 115– 48; 38 U.S.C. 3001 note). (2) ACCREDITED PROGRAMS.—In the case of an accredited program of education, the program of education shall not be considered a covered program of education under this section if the program has received a show cause order from the accreditor of the program during the five-year period preceding the date of the enactment of this Act. (3) DETERMINATION OF HIGH-DEMAND OCCUPATIONS.—In carrying out this section, the Secretary shall use the list of high-demand occupations compiled by the Commissioner of Labor Statistics. (4) FULL-TIME DEFINED.—For purposes of this subsection, the term ‘‘full-time’’ has the meaning given such term under section 3688 of title 38, United States Code. (d) AMOUNT OF ASSISTANCE.— (1) RETRAINING ASSISTANCE.—The Secretary of Veterans Affairs shall provide to an eligible veteran pursuing a covered program of education under the retraining assistance program under this section an amount equal to the amount of edu- cational assistance payable under section 3313(c)(1)(A) of title 38, United States Code, for each month the veteran pursues the covered program of education. Such amount shall be payable directly to the educational institution offering the covered pro- gram of education pursued by the veteran as follows: (A) 50 percent of the total amount payable shall be paid when the eligible veteran begins the program of edu- cation. (B) 25 percent of the total amount payable shall be paid when the eligible veteran completes the program of education. (C) 25 percent of the total amount payable shall be paid when the eligible veteran finds employment in a field related to the program of education. (2) FAILURE TO COMPLETE.— (A) PRO-RATED PAYMENTS.—In the case of a veteran who pursues a covered program of education under the retraining assistance program under this section, but who does not complete the program of education, the Secretary shall pay to the educational institution offering such pro- gram of education a pro-rated amount based on the number of months the veteran pursued the program of education in accordance with this paragraph. (B) PAYMENT OTHERWISE DUE UPON COMPLETION OF PROGRAM.—The Secretary shall pay to the educational institution a pro-rated amount under paragraph (1)(B) when the veteran provides notice to the educational institu- tion that the veteran no longer intends to pursue the program of education. (C) NONRECOVERY FROM VETERAN.—In the case of a veteran referred to in subparagraph (A), the educational H. R. 1319—112 institution may not seek payment from the veteran for any amount that would have been payable under paragraph (1)(B) had the veteran completed the program of education. (D) PAYMENT DUE UPON EMPLOYMENT.— (i) VETERANS WHO FIND EMPLOYMENT.—In the case of a veteran referred to in subparagraph (A) who finds employment in a field related to the program of edu- cation during the 180-day period beginning on the date on which the veteran withdraws from the program of education, the Secretary shall pay to the educational institution a pro-rated amount under paragraph (1)(C) when the veteran finds such employment. (ii) VETERANS WHO DO NOT FIND EMPLOYMENT.— In the case of a veteran referred to in subparagraph (A) who does not find employment in a field related to the program of education during the 180-day period beginning on the date on which the veteran withdraws from the program of education— (I) the Secretary shall not make a payment to the educational institution under paragraph (1)(C); and (II) the educational institution may not seek payment from the veteran for any amount that would have been payable under paragraph (1)(C) had the veteran found employment during such 180-day period. (3) HOUSING STIPEND.—For each month that an eligible veteran pursues a covered program of education under the retraining assistance program under this section, the Secretary shall pay to the veteran a monthly housing stipend in an amount equal to— (A) in the case of a covered program of education leading to a degree, or a covered program of education not leading to a degree, at an institution of higher learning (as that term is defined in section 3452(f) of title 38, United States Code) pursued on more than a half-time basis, the amount specified under subsection (c)(1)(B) of section 3313 of title 38, United States Code; (B) in the case of a covered program of education other than a program of education leading to a degree at an institution other than an institution of higher learning pursued on more than a half-time basis, the amount specified under subsection (g)(3)(A)(ii) of such sec- tion; or (C) in the case of a covered program of education pursued on less than a half-time basis, or a covered pro- gram of education pursued solely through distance learning on more than a half-time basis, the amount specified under subsection (c)(1)(B)(iii) of such section. (4) FAILURE TO FIND EMPLOYMENT.—The Secretary shall not make a payment under paragraph (1)(C) with respect to an eligible veteran who completes or fails to complete a program of education under the retraining assistance program under this section if the veteran fails to find employment in a field related to the program of education within the 180-period begin- ning on the date on which the veteran withdraws from or completes the program. H. R. 1319—113 (e) NO TRANSFERABILITY.—Retraining assistance provided under this section may not be transferred to another individual. (f) LIMITATION.—Not more than 17,250 eligible veterans may receive retraining assistance under this section. (g) TERMINATION.—No retraining assistance may be paid under this section after the date that is 21 months after the date of the enactment of this Act. (h) FUNDING.—In addition to amounts otherwise available there is appropriated to the Department of Veterans Affairs for fiscal year 2021, out of any money in the Treasury not otherwise appro- priated, $386,000,000, to remain available until expended, to carry out this section. SEC. 8007. PROHIBITION ON COPAYMENTS AND COST SHARING FOR VETERANS DURING EMERGENCY RELATING TO COVID– 19. (a) IN GENERAL.—The Secretary of Veterans Affairs— (1) shall provide for any copayment or other cost sharing with respect to health care under the laws administered by the Secretary received by a veteran during the period specified in subsection (b); and (2) shall reimburse any veteran who paid a copayment or other cost sharing for health care under the laws adminis- tered by the Secretary received by a veteran during such period the amount paid by the veteran. (b) PERIOD SPECIFIED.—The period specified in this subsection is the period beginning on April 6, 2020, and ending on September 30, 2021. (c) FUNDING.—In addition to amounts otherwise available, there is appropriated to the Secretary of Veterans Affairs for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $1,000,000,000, to remain available until expended, to carry out this section, except for health care furnished pursuant to section 1703(c)(2)–(c)(4) of title 38, United States Code. SEC. 8008. EMERGENCY DEPARTMENT OF VETERANS AFFAIRS EMPLOYEE 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 administered by the Secretary of Veterans Affairs, for the purposes set forth in subsection (b). In addition to amounts other- wise 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 employee— (1) is subject to a Federal, State, or local quarantine or isolation order related to COVID–19; (2) has been advised by a health care provider to self- quarantine 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; H. R. 1319—114 (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 optional a virtual learning instruction model or requires or makes optional a hybrid of in-person and virtual learning instruction 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 condi- tion; (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 direct care provider is unavailable due to COVID–19; or (8) is obtaining immunization related to COVID–19 or to recover 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 during 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 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 a covered employee; and (B) may not be used by a covered employee concur- rently with any other paid leave. (4) CALCULATION OF RETIREMENT BENEFIT.—Any paid leave provided to a covered employee under this section shall reduce the total service used to calculate any Federal civilian retire- ment benefit. (d) COVERED EMPLOYEE DEFINED.—In this section, the term ‘‘covered employee’’ means an employee of the Department of Vet- erans Affairs appointed under chapter 74 of title 38, United States Code. H. R. 1319—115 TITLE IX—COMMITTEE ON FINANCE Subtitle A—Crisis Support for Unemployed Workers PART 1—EXTENSION OF CARES ACT UNEMPLOYMENT PROVISIONS SEC. 9011. EXTENSION OF PANDEMIC UNEMPLOYMENT ASSISTANCE. (a) IN GENERAL.—Section 2102(c) of the CARES Act (15 U.S.C. 9021(c)) is amended— (1) in paragraph (1)— (A) by striking ‘‘paragraphs (2) and (3)’’ and inserting ‘‘paragraph (2)’’; and (B) in subparagraph (A)(ii), by striking ‘‘March 14, 2021’’ and inserting ‘‘September 6, 2021’’; and (2) by striking paragraph (3) and redesignating paragraph (4) as paragraph (3). (b) INCREASE IN NUMBER OF WEEKS.—Section 2102(c)(2) of such Act (15 U.S.C. 9021(c)(2)) is amended— (1) by striking ‘‘50 weeks’’ and inserting ‘‘79 weeks’’; and (2) by striking ‘‘50-week period’’ and inserting ‘‘79-week period’’. (c) HOLD HARMLESS FOR PROPER ADMINISTRATION.—In the case of an individual who is eligible to receive pandemic unemployment assistance under section 2102 of the CARES Act (15 U.S.C. 9021) as of the day before the date of enactment of this Act and on the date of enactment of this Act becomes eligible for pandemic emergency unemployment compensation under section 2107 of the CARES Act (15 U.S.C. 9025) by reason of the amendments made by section 9016(b) of this title, any payment of pandemic unemploy- ment assistance under such section 2102 made after the date of enactment of this Act to such individual during an appropriate period of time, as determined by the Secretary of Labor, that should have been made under such section 2107 shall not be consid- ered to be an overpayment of assistance under such section 2102, except that an individual may not receive payment for assistance under section 2102 and a payment for assistance under section 2107 for the same week of unemployment. (d) EFFECTIVE DATE.—The amendments made by subsections (a) and (b) shall apply as if included in the enactment of the CARES Act (Public Law 116–136), except that no amount shall be payable by virtue of such amendments with respect to any week of unemployment ending on or before March 14, 2021. SEC. 9012. EXTENSION OF EMERGENCY UNEMPLOYMENT RELIEF FOR GOVERNMENTAL ENTITIES AND NONPROFIT ORGANIZA- TIONS. (a) IN GENERAL.—Section 903(i)(1)(D) of the Social Security Act (42 U.S.C. 1103(i)(1)(D)) is amended by striking ‘‘March 14, 2021’’ and inserting ‘‘September 6, 2021’’. (b) INCREASE IN REIMBURSEMENT RATE.—Section 903(i)(1)(B) of such Act (42 U.S.C. 1103(i)(1)(B)) is amended— H. R. 1319—116 (1) in the first sentence, by inserting ‘‘and except as other- wise provided in this subparagraph’’ after ‘‘as determined by the Secretary of Labor’’; and (2) by inserting after the first sentence the following: ‘‘With respect to the amounts of such compensation paid for weeks of unemployment beginning after March 31, 2021, and ending on or before September 6, 2021, the preceding sentence shall be applied by substituting ‘75 percent’ for ‘one-half’.’’. SEC. 9013. EXTENSION OF FEDERAL PANDEMIC UNEMPLOYMENT COM- PENSATION. (a) IN GENERAL.—Section 2104(e)(2) of the CARES Act (15 U.S.C. 9023(e)(2)) is amended by striking ‘‘March 14, 2021’’ and inserting ‘‘September 6, 2021’’. (b) AMOUNT.—Section 2104(b)(3)(A)(ii) of such Act (15 U.S.C. 9023(b)(3)(A)(ii)) is amended by striking ‘‘March 14, 2021’’ and inserting ‘‘September 6, 2021’’. SEC. 9014. EXTENSION OF FULL FEDERAL FUNDING OF THE FIRST WEEK OF COMPENSABLE REGULAR UNEMPLOYMENT FOR STATES WITH NO WAITING WEEK. (a) IN GENERAL.—Section 2105(e)(2) of the CARES Act (15 U.S.C. 9024(e)(2)) is amended by striking ‘‘March 14, 2021’’ and inserting ‘‘September 6, 2021’’. (b) FULL REIMBURSEMENT.—Paragraph (3) of section 2105(c) of such Act (15 U.S.C. 9024(c)) is repealed and such section shall be applied to weeks of unemployment to which an agreement under section 2105 of such Act applies as if such paragraph had not been enacted. In implementing the preceding sentence, a State may, if necessary, reenter the agreement with the Secretary under section 2105 of such Act, and retroactively pay for the first week of regular compensation without a waiting week consistent with State law (including a waiver of State law) and receive full reimbursement for weeks of unemployment that ended after December 31, 2020. SEC. 9015. EXTENSION OF EMERGENCY STATE STAFFING FLEXIBILITY. If a State modifies its unemployment compensation law and policies, subject to the succeeding sentence, with respect to per- sonnel standards on a merit basis on an emergency temporary basis as needed to respond to the spread of COVID–19, such modi- fications 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 September 6, 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. SEC. 9016. EXTENSION OF PANDEMIC EMERGENCY UNEMPLOYMENT COMPENSATION. (a) IN GENERAL.—Section 2107(g) of the CARES Act (15 U.S.C. 9025(g)) is amended to read as follows: ‘‘(g) APPLICABILITY.—An agreement entered into under this sec- tion shall apply to weeks of unemployment— ‘‘(1) beginning after the date on which such agreement is entered into; and ‘‘(2) ending on or before September 6, 2021.’’. H. R. 1319—117 (b) INCREASE IN NUMBER OF WEEKS.—Section 2107(b)(2) of such Act (15 U.S.C. 9025(b)(2)) is amended by striking ‘‘24’’ and inserting ‘‘53’’. (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)’’. (d) SPECIAL RULE FOR EXTENDED COMPENSATION.—Section 2107(a)(8) of such Act (15 U.S.C. 9025(a)(8)) is amended by striking ‘‘April 12, 2021’’ and inserting ‘‘September 6, 2021’’. (e) EFFECTIVE DATE.—The amendments made by this section shall apply as if included in the enactment of the CARES Act (Public Law 116–136), except that no amount shall be payable by virtue of such amendments with respect to any week of unemployment ending on or before March 14, 2021. SEC. 9017. EXTENSION OF TEMPORARY FINANCING OF SHORT-TIME COMPENSATION PAYMENTS IN STATES WITH PROGRAMS IN LAW. Section 2108(b)(2) of the CARES Act (15 U.S.C. 9026(b)(2)) is amended by striking ‘‘March 14, 2021’’ and inserting ‘‘September 6, 2021’’. SEC. 9018. EXTENSION OF TEMPORARY FINANCING OF SHORT-TIME COMPENSATION AGREEMENTS FOR STATES WITHOUT PROGRAMS IN LAW. Section 2109(d)(2) of the CARES Act (15 U.S.C. 9027(d)(2)) is amended by striking ‘‘March 14, 2021’’ and inserting ‘‘September 6, 2021’’. PART 2—EXTENSION OF FFCRA UNEMPLOYMENT PROVISIONS SEC. 9021. EXTENSION OF TEMPORARY ASSISTANCE FOR STATES WITH ADVANCES. Section 1202(b)(10)(A) of the Social Security Act (42 U.S.C. 1322(b)(10)(A)) is amended by striking ‘‘March 14, 2021’’ and inserting ‘‘September 6, 2021’’. SEC. 9022. EXTENSION OF FULL FEDERAL FUNDING OF EXTENDED UNEMPLOYMENT COMPENSATION. (a) IN GENERAL.—Section 4105 of the Families First Coronavirus Response Act (26 U.S.C. 3304 note) is amended by striking ‘‘March 14, 2021’’ each place it appears and inserting ‘‘September 6, 2021’’. (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply as if included in the enactment of the Families First Coronavirus Response Act (Public Law 116–127). H. R. 1319—118 PART 3—DEPARTMENT OF LABOR FUNDING FOR TIMELY, ACCURATE, AND EQUITABLE PAYMENT SEC. 9031. FUNDING FOR ADMINISTRATION. In addition to amounts otherwise available, there is appro- priated to the Employment and Training Administration of the Department of Labor for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $8,000,000, to remain available until expended, for necessary expenses to carry out Fed- eral activities relating to the administration of unemployment com- pensation programs. SEC. 9032. FUNDING FOR FRAUD PREVENTION, EQUITABLE ACCESS, AND TIMELY PAYMENT TO ELIGIBLE WORKERS. Subtitle A of title II of division A of the CARES Act (Public Law 116–136) is amended by adding at the end the following: ‘‘SEC. 2118. FUNDING FOR FRAUD PREVENTION, EQUITABLE ACCESS, AND TIMELY PAYMENT TO ELIGIBLE WORKERS. ‘‘(a) IN GENERAL.—In addition to amounts otherwise available, there is appropriated to the Secretary of Labor for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $2,000,000,000, to remain available until expended, to detect and prevent fraud, promote equitable access, and ensure the timely payment of benefits with respect to unemployment compensation programs, including programs extended under subtitle A of title IX of the American Rescue Plan Act of 2021. ‘‘(b) USE OF FUNDS.—Amounts made available under subsection (a) may be used— ‘‘(1) for Federal administrative costs related to the purposes described in subsection (a); ‘‘(2) for systemwide infrastructure investment and develop- ment related to such purposes; and ‘‘(3) to make grants to States or territories administering unemployment compensation programs described in subsection (a) (including territories administering the Pandemic Unemployment Assistance program under section 2102) for such purposes, including the establishment of procedures or the building of infrastructure to verify or validate identity, implement Federal guidance regarding fraud detection and prevention, and accelerate claims processing or process claims backlogs due to the pandemic. ‘‘(c) RESTRICTIONS ON GRANTS TO STATES AND TERRITORIES.— As a condition of receiving a grant under subsection (b)(3), the Secretary may require that a State or territory receiving such a grant shall— ‘‘(1) use such program integrity tools as the Secretary may specify; and ‘‘(2) as directed by the Secretary, conduct user accessibility testing on any new system developed by the Secretary pursuant to subsection (b)(2).’’. H. R. 1319—119 PART 4—OTHER PROVISIONS SEC. 9041. EXTENSION OF LIMITATION ON EXCESS BUSINESS LOSSES OF NONCORPORATE TAXPAYERS. (a) IN GENERAL.—Section 461(l)(1) of the Internal Revenue Code of 1986 is amended by striking ‘‘January 1, 2026’’ each place it appears and inserting ‘‘January 1, 2027’’. (b) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable years beginning after December 31, 2025. SEC. 9042. SUSPENSION OF TAX ON PORTION OF UNEMPLOYMENT COM- PENSATION. (a) IN GENERAL.—Section 85 of the Internal Revenue Code of 1986 is amended by adding at the end the following new sub- section: ‘‘(c) SPECIAL RULE FOR 2020.— ‘‘(1) IN GENERAL.—In the case of any taxable year beginning in 2020, if the adjusted gross income of the taxpayer for such taxable year is less than $150,000, the gross income of such taxpayer shall not include so much of the unemployment com- pensation received by such taxpayer (or, in the case of a joint return, received by each spouse) as does not exceed $10,200. ‘‘(2) APPLICATION.—For purposes of paragraph (1), the adjusted gross income of the taxpayer shall be determined— ‘‘(A) after application of sections 86, 135, 137, 219, 221, 222, and 469, and ‘‘(B) without regard to this section.’’. (b) CONFORMING AMENDMENTS.— (1) Section 74(d)(2)(B) of the Internal Revenue Code of 1986 is amended by inserting ‘‘85(c),’’ before ‘‘86’’. (2) Section 86(b)(2)(A) of such Code is amended by inserting ‘‘85(c),’’ before ‘‘135’’. (3) Section 135(c)(4)(A) of such Code is amended by inserting ‘‘85(c),’’ before ‘‘137’’. (4) Section 137(b)(3)(A) of such Code is amended by inserting ‘‘85(c)’’ before ‘‘221’’. (5) Section 219(g)(3)(A)(ii) of such Code is amended by inserting ‘‘85(c),’’ before ‘‘135’’. (6) Section 221(b)(2)(C)(i) of such Code is amended by inserting ‘‘85(c)’’ before ‘‘911’’. (7) Section 222(b)(2)(C)(i) of such Code, as in effect before date of enactment of the Taxpayer Certainty and Disaster Tax Relief Act of 2020, is amended by inserting ‘‘85(c)’’ before ‘‘911’’. (8) Section 469(i)(3)(E)(ii) of such Code is amended by striking ‘‘135 and 137’’ and inserting ‘‘85(c), 135, and 137’’. (c) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable years beginning after December 31, 2019. H. R. 1319—120 Subtitle B—Emergency Assistance to Families Through Home Visiting Programs SEC. 9101. EMERGENCY ASSISTANCE TO FAMILIES THROUGH HOME VISITING PROGRAMS. Effective 1 day after the date of enactment of this Act, title V of the Social Security Act (42 U.S.C. 701–713) is amended by inserting after section 511 the following: ‘‘SEC. 511A. EMERGENCY ASSISTANCE TO FAMILIES THROUGH HOME VISITING PROGRAMS. ‘‘(a) SUPPLEMENTAL APPROPRIATION.—In addition to amounts otherwise appropriated, out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated to the Secretary $150,000,000, to remain available through Sep- tember 30, 2022, to enable eligible entities to conduct programs in accordance with section 511 and subsection (c) of this section. ‘‘(b) ELIGIBILITY FOR FUNDS.—To be eligible to receive funds made available by subsection (a) of this section, an entity shall— ‘‘(1) as of the date of the enactment of this section, be conducting a program under section 511; ‘‘(2) ensure the modification of grants, contracts, and other agreements, as applicable, executed under section 511 under which the program is conducted as are necessary to provide that, during the period that begins with the date of the enact- ment of this section and ends with the end of the 2nd succeeding fiscal year after the funds are awarded, the entity shall— ‘‘(A) not reduce funding for, or staffing levels of, the program on account of reduced enrollment in the program; and ‘‘(B) when using funds to provide emergency supplies to eligible families receiving grant services under section 511, ensure coordination with local diaper banks to the extent practicable; and ‘‘(3) reaffirm that, in conducting the program, the entity will focus on priority populations (as defined in section 511(d)(4)). ‘‘(c) USES OF FUNDS.—An entity to which funds are provided under this section shall use the funds— ‘‘(1) to serve families with home visits or with virtual visits, that may be conducted by the use of electronic informa- tion and telecommunications technologies, in a service delivery model described in section 511(d)(3)(A); ‘‘(2) to pay hazard pay or other additional staff costs associ- ated with providing home visits or administration for programs funded under section 511; ‘‘(3) to train home visitors employed by the entity in con- ducting a virtual home visit and in emergency preparedness and response planning for families served, and may include training on how to safely conduct intimate partner violence screenings, and training on safety and planning for families served to support the family outcome improvements listed in section 511(d)(2)(B); ‘‘(4) for the acquisition by families served by programs under section 511 of such technological means as are needed to conduct and support a virtual home visit; H. R. 1319—121 ‘‘(5) to provide emergency supplies (such as diapers and diapering supplies including diaper wipes and diaper cream, necessary to ensure that a child using a diaper is properly cleaned and protected from diaper rash, formula, food, water, hand soap and hand sanitizer) to an eligible family (as defined in section 511(k)(2)); ‘‘(6) to coordinate with and provide reimbursement for sup- plies to diaper banks when using such entities to provide emer- gency supplies specified in paragraph (5); or ‘‘(7) to provide prepaid grocery cards to an eligible family (as defined in section 511(k)(2)) participating in the maternal, infant, and early childhood home visiting program under section 511 for the purpose of enabling the family to meet the emer- gency needs of the family.’’. Subtitle C—Emergency Assistance to Children and Families SEC. 9201. PANDEMIC EMERGENCY ASSISTANCE. Section 403 of the Social Security Act (42 U.S.C. 603) is amended by adding at the end the following: ‘‘(c) PANDEMIC EMERGENCY ASSISTANCE.— ‘‘(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 appropriated, $1,000,000,000, to remain available until expended, to carry out this subsection. ‘‘(2) RESERVATION OF FUNDS FOR TECHNICAL ASSISTANCE.— Of the amount specified in paragraph (1), the Secretary shall reserve $2,000,000 for administrative expenses and the provi- sion of technical assistance to States and Indian tribes with respect to the use of funds provided under this subsection. ‘‘(3) ALLOTMENTS.— ‘‘(A) 50 STATES AND THE DISTRICT OF COLUMBIA.— ‘‘(i) TOTAL AMOUNT TO BE ALLOTTED.—The Sec- retary shall allot a total of 92.5 percent of the amount specified in paragraph (1) that is not reserved under paragraph (2) among the States that are not a territory and that are operating a program funded under this part, in accordance with clause (ii) of this subpara- graph. ‘‘(ii) ALLOTMENT FORMULA.—The Secretary shall allot to each such State the sum of the following percentages of the total amount described in clause (i): ‘‘(I) 50 percent, multiplied by— ‘‘(aa) the population of children in the State, determined on the basis of the most recent population estimates as determined by the Bureau of the Census; divided by ‘‘(bb) the total population of children in the States that are not territories, as so deter- mined; plus ‘‘(II) 50 percent, multiplied by— ‘‘(aa) the total amount expended by the State for basic assistance, non-recurrent short H. R. 1319—122 term benefits, and emergency assistance in fiscal year 2019, as reported by the State under section 411; divided by ‘‘(bb) the total amount expended by the States that are not territories for basic assist- ance, non-recurrent short term benefits, and emergency assistance in fiscal year 2019, as so reported by the States. ‘‘(B) TERRITORIES AND INDIAN TRIBES.—The Secretary shall allot among the territories and Indian tribes otherwise eligible for a grant under this part such portions of 7.5 percent of the amount specified in paragraph (1) that are not reserved under paragraph (2) as the Secretary deems appropriate based on the needs of the territory or Indian tribe involved. ‘‘(C) EXPENDITURE COMMITMENT REQUIREMENT.—To receive the full amount of funding payable under this sub- section, a State or Indian tribe shall inform the Secretary as to whether it intends to use all of its allotment under this paragraph and provide that information— ‘‘(i) in the case of a State that is not a territory, within 45 days after the date of the enactment of this subsection; or ‘‘(ii) in the case of a territory or an Indian tribe, within 90 days after such date of enactment. ‘‘(4) GRANTS.— ‘‘(A) IN GENERAL.—The Secretary shall provide funds to each State and Indian tribe to which an amount is allotted under paragraph (3), from the amount so allotted. ‘‘(B) TREATMENT OF UNUSED FUNDS.— ‘‘(i) REALLOTMENT.—The Secretary shall reallot in accordance with paragraph (3) all funds provided to any State or Indian tribe under this subsection that are unused, among the other States and Indian tribes eligible for funds under this subsection. For purposes of paragraph (3), the Secretary shall treat the funds as if included in the amount specified in paragraph (1). ‘‘(ii) PROVISION.—The Secretary shall provide funds to each such other State or Indian tribe in an amount equal to the amount so reallotted. ‘‘(5) RECIPIENT OF FUNDS PROVIDED FOR TERRITORIES.—In the case of a territory not operating a program funded under this part, the Secretary shall provide the funds required to be provided to the territory under this subsection, to the agency that administers the bulk of local human services programs in the territory. ‘‘(6) USE OF FUNDS.— ‘‘(A) IN GENERAL.—A State or Indian tribe to which funds are provided under this subsection may use the funds only for non-recurrent short term benefits, whether in the form of cash or in other forms. ‘‘(B) LIMITATION ON USE FOR ADMINISTRATIVE EXPENSES.—A State to which funds are provided under this subsection shall not expend more than 15 percent of the funds for administrative purposes. H. R. 1319—123 ‘‘(C) NONSUPPLANTATION.—Funds provided under this subsection shall be used to supplement and not supplant other Federal, State, or tribal funds for services and activi- ties that promote the purposes of this part. ‘‘(D) EXPENDITURE DEADLINE.— ‘‘(i) IN GENERAL.—Except as provided in clause (ii), a State or Indian tribe to which funds are provided under this subsection shall expend the funds not later than the end of fiscal year 2022. ‘‘(ii) EXCEPTION FOR REALLOTTED FUNDS.—A State or Indian tribe to which funds are provided under paragraph (4)(B) shall expend the funds within 12 months after receipt. ‘‘(7) SUSPENSION OF TERRITORY SPENDING CAP.—Section 1108 shall not apply with respect to any funds provided under this subsection. ‘‘(8) DEFINITIONS.—In this subsection: ‘‘(A) APPLICABLE PERIOD.—The term ‘applicable period’ means the period that begins with April 1, 2021, and ends with September 30, 2022. ‘‘(B) NON-RECURRENT SHORT TERM BENEFITS.—The term ‘non-recurrent short term benefits’ has the meaning given the term in OMB approved Form ACF–196R, pub- lished on July 31, 2014. ‘‘(C) STATE.—The term ‘State’ means the 50 States of the United States, the District of Columbia, and the territories. ‘‘(D) TERRITORY.—The term ‘territory’ means the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.’’. Subtitle D—Elder Justice and Support Guarantee SEC. 9301. ADDITIONAL FUNDING FOR AGING AND DISABILITY SERV- ICES PROGRAMS. Subtitle A of title XX of the Social Security Act (42 U.S.C. 1397–1397h) is amended by adding at the end the following: ‘‘SEC. 2010. ADDITIONAL FUNDING FOR AGING AND DISABILITY SERV- ICES PROGRAMS. ‘‘(a) APPROPRIATION.—In addition to amounts otherwise avail- able, there is appropriated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $276,000,000, to remain available until expended, to carry out the programs described in subtitle B. ‘‘(b) USE OF FUNDS.—Of the amounts made available by sub- section (a)— ‘‘(1) $88,000,000 shall be made available to carry out the programs described in subtitle B in fiscal year 2021, of which not less than an amount equal to $100,0000,000 minus the amount previously provided in fiscal year 2021 to carry out section 2042(b) shall be made available to carry out such sec- tion; and H. R. 1319—124 ‘‘(2) $188,000,000 shall be made available to carry out the programs described in subtitle B in fiscal year 2022, of which not less than $100,000,000 shall be for activities described in section 2042(b).’’. Subtitle E—Support to Skilled Nursing Facilities in Response to COVID–19 SEC. 9401. PROVIDING FOR INFECTION CONTROL SUPPORT TO SKILLED NURSING FACILITIES THROUGH CONTRACTS WITH QUALITY IMPROVEMENT ORGANIZATIONS. Section 1862(g) of the Social Security Act (42 U.S.C. 1395y(g)) is amended— (1) by striking ‘‘The Secretary’’ and inserting ‘‘(1) The Sec- retary’’; and (2) by adding at the end the following new paragraph: ‘‘(2) In addition to any funds otherwise available, there are appropriated to the Secretary, out of any monies in the Treasury not otherwise obligated, $200,000,000, to remain available until expended, for purposes of requiring multiple organizations described in paragraph (1) to provide to skilled nursing facilities (as defined in section 1819(a)), infection control and vaccination uptake support relating to the prevention or mitigation of COVID–19, as determined appropriate by the Secretary.’’. SEC. 9402. FUNDING FOR STRIKE TEAMS FOR RESIDENT AND EMPLOYEE SAFETY IN SKILLED NURSING FACILITIES. Section 1819 of the Social Security Act (42 U.S.C. 1395i–3) is amended by adding at the end the following new subsection: ‘‘(k) FUNDING FOR STRIKE TEAMS.—In addition to amounts otherwise available, there is appropriated to the Secretary, out of any monies in the Treasury not otherwise appropriated, $250,000,000, to remain available until expended, for purposes of allocating such amount among the States (including the District of Columbia and each territory of the United States) for such a State to establish and implement a strike team that will be deployed to a skilled nursing facility in the State with diagnosed or suspected cases of COVID–19 among residents or staff for the purposes of assisting with clinical care, infection control, or staffing during the emergency period described in section 1135(g)(1)(B) and the 1-year period immediately following the end of such emergency period.’’. Subtitle F—Preserving Health Benefits for Workers SEC. 9501. PRESERVING HEALTH BENEFITS FOR WORKERS. (a) PREMIUM ASSISTANCE FOR COBRA CONTINUATION COVERAGE FOR INDIVIDUALS AND THEIR FAMILIES.— (1) PROVISION OF PREMIUM ASSISTANCE.— (A) REDUCTION OF PREMIUMS PAYABLE.—In the case of any premium for a period of coverage during the period beginning on the first day of the first month beginning after the date of the enactment of this Act, and ending H. R. 1319—125 on September 30, 2021, for COBRA continuation coverage with respect to any assistance eligible individual described in paragraph (3), such individual shall be treated for pur- poses of any COBRA continuation provision as having paid in full the amount of such premium. (B) PLAN ENROLLMENT OPTION.— (i) IN GENERAL.—Solely for purposes of this sub- section, the COBRA continuation provisions shall be applied such that any assistance eligible individual who is enrolled in a group health plan offered by a plan sponsor may, not later than 90 days after the date of notice of the plan enrollment option described in this subparagraph, elect to enroll in coverage under a plan offered by such plan sponsor that is different than coverage under the plan in which such individual was enrolled at the time, in the case of any assistance eligible individual described in paragraph (3), the qualifying event specified in section 603(2) of the Employee Retirement Income Security Act of 1974, section 4980B(f)(3)(B) of the Internal Revenue Code of 1986, or section 2203(2) of the Public Health Service Act, except for the voluntary termination of such individual’s employment by such individual, occurred, and such coverage shall be treated as COBRA continu- ation coverage for purposes of the applicable COBRA continuation coverage provision. (ii) REQUIREMENTS.—Any assistance eligible indi- vidual may elect to enroll in different coverage as described in clause (i) only if— (I) the employer involved has made a deter- mination that such employer will permit such assistance eligible individual to enroll in different coverage as provided under this subparagraph; (II) the premium for such different coverage does not exceed the premium for coverage in which such individual was enrolled at the time such qualifying event occurred; (III) the different coverage in which the indi- vidual elects to enroll is coverage that is also offered to similarly situated active employees of the employer at the time at which such election is made; and (IV) the different coverage in which the indi- vidual elects to enroll is not— (aa) coverage that provides only excepted benefits as defined in section 9832(c) of the Internal Revenue Code of 1986, section 733(c) of the Employee Retirement Income Security Act of 1974, and section 2791(c) of the Public Health Service Act; (bb) a qualified small employer health reimbursement arrangement (as defined in section 9831(d)(2) of the Internal Revenue Code of 1986); or (cc) a flexible spending arrangement (as defined in section 106(c)(2) of the Internal Rev- enue Code of 1986). H. R. 1319—126 (2) LIMITATION OF PERIOD OF PREMIUM ASSISTANCE.— (A) ELIGIBILITY FOR ADDITIONAL COVERAGE.—Para- graph (1)(A) shall not apply with respect to any assistance eligible individual described in paragraph (3) for months of coverage beginning on or after the earlier of— (i) the first date that such individual is eligible for coverage under any other group health plan (other than coverage consisting of only excepted benefits (as defined in section 9832(c) of the Internal Revenue Code of 1986, section 733(c) of the Employee Retirement Income Security Act of 1974, and section 2791(c) of the Public Health Service Act), coverage under a flexible spending arrangement (as defined in section 106(c)(2) of the Internal Revenue Code of 1986), cov- erage under a qualified small employer health reimbursement arrangement (as defined in section 9831(d)(2) of the Internal Revenue Code of 1986)), or eligible for benefits under the Medicare program under title XVIII of the Social Security Act; or (ii) the earlier of— (I) the date following the expiration of the maximum period of continuation coverage required under the applicable COBRA continuation cov- erage provision; or (II) the date following the expiration of the period of continuation coverage allowed under paragraph (4)(B)(ii). (B) NOTIFICATION REQUIREMENT.—Any assistance eligible individual shall notify the group health plan with respect to which paragraph (1)(A) applies if such paragraph ceases to apply by reason of clause (i) of subparagraph (A) (as applicable). Such notice shall be provided to the group health plan in such time and manner as may be specified by the Secretary of Labor. (3) ASSISTANCE ELIGIBLE INDIVIDUAL.—For purposes of this section, the term ‘‘assistance eligible individual’’ means, with respect to a period of coverage during the period beginning on the first day of the first month beginning after the date of the enactment of this Act, and ending on September 30, 2021, any individual that is a qualified beneficiary who— (A) is eligible for COBRA continuation coverage by reason of a qualifying event specified in section 603(2) of the Employee Retirement Income Security Act of 1974, section 4980B(f)(3)(B) of the Internal Revenue Code of 1986, or section 2203(2) of the Public Health Service Act, except for the voluntary termination of such individual’s employ- ment by such individual; and (B) elects such coverage. (4) EXTENSION OF ELECTION PERIOD AND EFFECT ON COV- ERAGE.— (A) IN GENERAL.—For purposes of applying section 605(a) of the Employee Retirement Income Security Act of 1974, section 4980B(f)(5)(A) of the Internal Revenue Code of 1986, and section 2205(a) of the Public Health Service Act, in the case of— (i) an individual who does not have an election of COBRA continuation coverage in effect on the first H. R. 1319—127 day of the first month beginning after the date of the enactment of this Act but who would be an assist- ance eligible individual described in paragraph (3) if such election were so in effect; or (ii) an individual who elected COBRA continuation coverage and discontinued from such coverage before the first day of the first month beginning after the date of the enactment of this Act, such individual may elect the COBRA continuation cov- erage under the COBRA continuation coverage provisions containing such provisions during the period beginning on the first day of the first month beginning after the date of the enactment of this Act and ending 60 days after the date on which the notification required under para- graph (5)(C) is provided to such individual. (B) COMMENCEMENT OF COBRA CONTINUATION COV- ERAGE.—Any COBRA continuation coverage elected by a qualified beneficiary during an extended election period under subparagraph (A)— (i) shall commence (including for purposes of applying the treatment of premium payments under paragraph (1)(A) and any cost-sharing requirements for items and services under a group health plan) with the first period of coverage beginning on or after the first day of the first month beginning after the date of the enactment of this Act, and (ii) shall not extend beyond the period of COBRA continuation coverage that would have been required under the applicable COBRA continuation coverage provision if the coverage had been elected as required under such provision or had not been discontinued. (5) NOTICES TO INDIVIDUALS.— (A) GENERAL NOTICE.— (i) IN GENERAL.—In the case of notices provided under section 606(a)(4) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1166(4)), section 4980B(f)(6)(D) of the Internal Revenue Code of 1986, or section 2206(4) of the Public Health Service Act (42 U.S.C. 300bb–6(4)), with respect to individuals who, during the period described in paragraph (3), become entitled to elect COBRA continuation coverage, the requirements of such provisions shall not be treated as met unless such notices include an additional writ- ten notification to the recipient in clear and under- standable language of— (I) the availability of premium assistance with respect to such coverage under this subsection; and (II) the option to enroll in different coverage if the employer permits assistance eligible individ- uals described in paragraph (3) to elect enrollment in different coverage (as described in paragraph (1)(B)). (ii) ALTERNATIVE NOTICE.—In the case of COBRA continuation coverage to which the notice provision under such sections does not apply, the Secretary of Labor, in consultation with the Secretary of the H. R. 1319—128 Treasury and the Secretary of Health and Human Services, shall, in consultation with administrators of the group health plans (or other entities) that provide or administer the COBRA continuation coverage involved, provide rules requiring the provision of such notice. (iii) FORM.—The requirement of the additional notification under this subparagraph may be met by amendment of existing notice forms or by inclusion of a separate document with the notice otherwise required. (B) SPECIFIC REQUIREMENTS.—Each additional notifica- tion under subparagraph (A) shall include— (i) the forms necessary for establishing eligibility for premium assistance under this subsection; (ii) the name, address, and telephone number nec- essary to contact the plan administrator and any other person maintaining relevant information in connection with such premium assistance; (iii) a description of the extended election period provided for in paragraph (4)(A); (iv) a description of the obligation of the qualified beneficiary under paragraph (2)(B) and the penalty provided under section 6720C of the Internal Revenue Code of 1986 for failure to carry out the obligation; (v) a description, displayed in a prominent manner, of the qualified beneficiary’s right to a subsidized pre- mium and any conditions on entitlement to the sub- sidized premium; and (vi) a description of the option of the qualified beneficiary to enroll in different coverage if the employer permits such beneficiary to elect to enroll in such different coverage under paragraph (1)(B). (C) NOTICE IN CONNECTION WITH EXTENDED ELECTION PERIODS.—In the case of any assistance eligible individual described in paragraph (3) (or any individual described in paragraph (4)(A)) who became entitled to elect COBRA continuation coverage before the first day of the first month beginning after the date of the enactment of this Act, the administrator of the applicable group health plan (or other entity) shall provide (within 60 days after such first day of such first month) for the additional notification required to be provided under subparagraph (A) and failure to provide such notice shall be treated as a failure to meet the notice requirements under the applicable COBRA continuation provision. (D) MODEL NOTICES.—Not later than 30 days after the date of enactment of this Act, with respect to any assistance eligible individual described in paragraph (3), the Secretary of Labor, in consultation with the Secretary of the Treasury and the Secretary of Health and Human Services, shall prescribe models for the additional notifica- tion required under this paragraph. (6) NOTICE OF EXPIRATION OF PERIOD OF PREMIUM ASSIST- ANCE.— H. R. 1319—129 (A) IN GENERAL.—With respect to any assistance eligible individual, subject to subparagraph (B), the require- ments of section 606(a)(4) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1166(4)), section 4980B(f)(6)(D) of the Internal Revenue Code of 1986, or section 2206(4) of the Public Health Service Act (42 U.S.C. 300bb–6(4)), shall not be treated as met unless the plan administrator of the individual, during the period specified under subparagraph (C), provides to such individual a writ- ten notice in clear and understandable language— (i) that the premium assistance for such individual will expire soon and the prominent identification of the date of such expiration; and (ii) that such individual may be eligible for cov- erage without any premium assistance through— (I) COBRA continuation coverage; or (II) coverage under a group health plan. (B) EXCEPTION.—The requirement for the group health plan administrator to provide the written notice under subparagraph (A) shall be waived if the premium assistance for such individual expires pursuant to clause (i) of para- graph (2)(A). (C) PERIOD SPECIFIED.—For purposes of subparagraph (A), the period specified in this subparagraph is, with respect to the date of expiration of premium assistance for any assistance eligible individual pursuant to a limita- tion requiring a notice under this paragraph, the period beginning on the day that is 45 days before the date of such expiration and ending on the day that is 15 days before the date of such expiration. (D) MODEL NOTICES.—Not later than 45 days after the date of enactment of this Act, with respect to any assistance eligible individual, the Secretary of Labor, in consultation with the Secretary of the Treasury and the Secretary of Health and Human Services, shall prescribe models for the notification required under this paragraph. (7) REGULATIONS.—The Secretary of the Treasury and the Secretary of Labor may jointly prescribe such regulations or other guidance as may be necessary or appropriate to carry out the provisions of this subsection, including the prevention of fraud and abuse under this subsection, except that the Sec- retary of Labor and the Secretary of Health and Human Serv- ices may prescribe such regulations (including interim final regulations) or other guidance as may be necessary or appro- priate to carry out the provisions of paragraphs (5), (6), and (8). (8) OUTREACH.— (A) IN GENERAL.—The Secretary of Labor, in consulta- tion with the Secretary of the Treasury and the Secretary of Health and Human Services, shall provide outreach con- sisting of public education and enrollment assistance relating to premium assistance provided under this sub- section. Such outreach shall target employers, group health plan administrators, public assistance programs, States, insurers, and other entities as determined appropriate by such Secretaries. Such outreach shall include an initial focus on those individuals electing continuation coverage H. R. 1319—130 who are referred to in paragraph (5)(C). Information on such premium assistance, including enrollment, shall also be made available on websites of the Departments of Labor, Treasury, and Health and Human Services. (B) ENROLLMENT UNDER MEDICARE.—The Secretary of Health and Human Services shall provide outreach con- sisting of public education. Such outreach shall target individuals who lose health insurance coverage. Such out- reach shall include information regarding enrollment for Medicare benefits for purposes of preventing mistaken delays of such enrollment by such individuals, including lifetime penalties for failure of timely enrollment. (9) DEFINITIONS.—For purposes of this section: (A) ADMINISTRATOR.—The term ‘‘administrator’’ has the meaning given such term in section 3(16)(A) of the Employee Retirement Income Security Act of 1974, and includes a COBRA administrator. (B) COBRA CONTINUATION COVERAGE.—The term ‘‘COBRA continuation coverage’’ means continuation cov- erage provided pursuant to part 6 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (other than under section 609), title XXII of the Public Health Service Act, or section 4980B of the Internal Rev- enue Code of 1986 (other than subsection (f)(1) of such section insofar as it relates to pediatric vaccines), or under a State program that provides comparable continuation coverage. Such term does not include coverage under a health flexible spending arrangement under a cafeteria plan within the meaning of section 125 of the Internal Revenue Code of 1986. (C) COBRA CONTINUATION PROVISION.—The term ‘‘COBRA continuation provision’’ means the provisions of law described in subparagraph (B). (D) COVERED EMPLOYEE.—The term ‘‘covered employee’’ has the meaning given such term in section 607(2) of the Employee Retirement Income Security Act of 1974. (E) QUALIFIED BENEFICIARY.—The term ‘‘qualified beneficiary’’ has the meaning given such term in section 607(3) of the Employee Retirement Income Security Act of 1974. (F) GROUP HEALTH PLAN.—The term ‘‘group health plan’’ has the meaning given such term in section 607(1) of the Employee Retirement Income Security Act of 1974. (G) STATE.—The term ‘‘State’’ includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (H) PERIOD OF COVERAGE.—Any reference in this sub- section to a period of coverage shall be treated as a ref- erence to a monthly or shorter period of coverage with respect to which premiums are charged with respect to such coverage. (I) PLAN SPONSOR.—The term ‘‘plan sponsor’’ has the meaning given such term in section 3(16)(B) of the Employee Retirement Income Security Act of 1974. H. R. 1319—131 (J) PREMIUM.—The term ‘‘premium’’ includes, with respect to COBRA continuation coverage, any administra- tive fee. (10) IMPLEMENTATION FUNDING.—In addition to amounts otherwise made available, out of any funds in the Treasury not otherwise appropriated, there are appropriated to the Sec- retary of Labor for fiscal year 2021, $10,000,000, to remain available until expended, for the Employee Benefits Security Administration to carry out the provisions of this subtitle. (b) COBRA PREMIUM ASSISTANCE.— (1) ALLOWANCE OF CREDIT.— (A) IN GENERAL.—Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ‘‘SEC. 6432. CONTINUATION COVERAGE PREMIUM ASSISTANCE. ‘‘(a) IN GENERAL.—The person to whom premiums are payable for continuation coverage under section 9501(a)(1) of the American Rescue Plan Act of 2021 shall be allowed as a credit against the tax imposed by section 3111(b), or so much of the taxes imposed under section 3221(a) as are attributable to the rate in effect under section 3111(b), for each calendar quarter an amount equal to the premiums not paid by assistance eligible individuals for such coverage by reason of such section 9501(a)(1) with respect to such calendar quarter. ‘‘(b) PERSON TO WHOM PREMIUMS ARE PAYABLE.—For purposes of subsection (a), except as otherwise provided by the Secretary, the person to whom premiums are payable under such continuation coverage shall be treated as being— ‘‘(1) in the case of any group health plan which is a multi- employer plan (as defined in section 3(37) of the Employee Retirement Income Security Act of 1974), the plan, ‘‘(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 provided by insurance, the employer maintaining the plan, and ‘‘(3) in the case of any group health plan not described in paragraph (1) or (2), the insurer providing the coverage under the group health plan. ‘‘(c) LIMITATIONS AND REFUNDABILITY.— ‘‘(1) CREDIT LIMITED TO CERTAIN EMPLOYMENT TAXES.—The credit allowed by subsection (a) with respect to any calendar quarter shall not exceed the tax imposed by section 3111(b), or so much of the taxes imposed under section 3221(a) as are attributable to the rate in effect under section 3111(b), for such calendar quarter (reduced by any credits allowed against such taxes under sections 3131, 3132, and 3134) on the wages paid with respect to the employment of all employees of the employer. ‘‘(2) REFUNDABILITY OF EXCESS CREDIT.— H. R. 1319—132 ‘‘(A) CREDIT IS REFUNDABLE.—If the amount of the credit under subsection (a) exceeds the limitation of para- graph (1) for any calendar quarter, such excess shall be treated as an overpayment that shall be refunded under sections 6402(a) and 6413(b). ‘‘(B) CREDIT MAY BE ADVANCED.—In anticipation of the credit, including the refundable portion under subpara- graph (A), the credit may be advanced, according to forms and instructions provided by the Secretary, up to an amount calculated under subsection (a) through the end of the most recent payroll period in the quarter. ‘‘(C) TREATMENT OF DEPOSITS.—The Secretary shall waive any penalty under section 6656 for any failure to make a deposit of the tax imposed by section 3111(b), or so much of the taxes imposed under section 3221(a) as are attributable to the rate in effect under section 3111(b), if the Secretary determines that such failure was due to the anticipation of the credit allowed under this section. ‘‘(D) TREATMENT OF PAYMENTS.—For purposes of sec- tion 1324 of title 31, United States Code, any amounts due to an employer under this paragraph shall be treated in the same manner as a refund due from a credit provision referred to in subsection (b)(2) of such section. ‘‘(3) OVERSTATEMENTS.—Any overstatement of the credit to which a person is entitled under this section (and any amount paid by the Secretary as a result of such overstatement) shall be treated as an underpayment by such person of the taxes described in paragraph (1) and may be assessed and collected by the Secretary in the same manner as such taxes. ‘‘(d) GOVERNMENTAL ENTITIES.—For purposes of this section, the term ‘person’ includes the government of any State or political subdivision thereof, any Indian tribal government (as defined in section 139E(c)(1)), any agency or instrumentality of any of the foregoing, and any agency or instrumentality of the Government of the United States that is described in section 501(c)(1) and exempt from taxation under section 501(a). ‘‘(e) DENIAL OF DOUBLE BENEFIT.—For purposes of chapter 1, the gross income of any person allowed a credit under this section shall be increased for the taxable year which includes the last day of any calendar quarter with respect to which such credit is allowed by the amount of such credit. 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. ‘‘(f) 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— ‘‘(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). H. R. 1319—133 ‘‘(g) REGULATIONS.—The Secretary shall issue such regulations, or other guidance, forms, instructions, and publications, as may be necessary or appropriate to carry out this section, including— ‘‘(1) the requirement to report information or the establish- ment of other methods for verifying the correct amounts of reimbursements under this section, ‘‘(2) the application of this section to group health plans that are multiemployer plans (as defined in section 3(37) of the Employee Retirement Income Security Act of 1974), ‘‘(3) to allow the advance payment of the credit determined under subsection (a), subject to the limitations provided in this section, based on such information as the Secretary shall require, ‘‘(4) to provide for the reconciliation of such advance pay- ment with the amount of the credit at the time of filing the return of tax for the applicable quarter or taxable year, and ‘‘(5) allowing the credit to third party payors (including professional employer organizations, certified professional employer organizations, or agents under section 3504).’’. (B) CLERICAL AMENDMENT.—The table of sections for subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ‘‘Sec. 6432. Continuation coverage premium assistance.’’. (C) EFFECTIVE DATE.—The amendments made by this paragraph shall apply to premiums to which subsection (a)(1)(A) applies and wages paid on or after April 1, 2021. (D) SPECIAL RULE IN CASE OF EMPLOYEE PAYMENT THAT IS NOT REQUIRED UNDER THIS SECTION.— (i) IN GENERAL.—In the case of an assistance eligible individual who pays, with respect any period of coverage to which subsection (a)(1)(A) applies, any amount of the premium for such coverage that the individual would have (but for this Act) been required to pay, the person to whom such payment is payable shall reimburse such individual for the amount of such premium paid. (ii) CREDIT OF REIMBURSEMENT.—A person to which clause (i) applies shall be allowed a credit in the manner provided under section 6432 of the Internal Revenue Code of 1986 for any payment made to the employee under such clause. (iii) PAYMENT OF CREDITS.—Any person to which clause (i) applies shall make the payment required under such clause to the individual not later than 60 days after the date on which such individual made the premium payment. (2) PENALTY FOR FAILURE TO NOTIFY HEALTH PLAN OF CES- SATION OF ELIGIBILITY FOR PREMIUM ASSISTANCE.— (A) IN GENERAL.—Part I of subchapter B of chapter 68 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: H. R. 1319—134 ‘‘SEC. 6720C. PENALTY FOR FAILURE TO NOTIFY HEALTH PLAN OF CESSATION OF ELIGIBILITY FOR CONTINUATION COV- ERAGE PREMIUM ASSISTANCE. ‘‘(a) IN GENERAL.—Except in the case of a failure described in subsection (b) or (c), any person required to notify a group health plan under section 9501(a)(2)(B) of the American Rescue Plan Act of 2021 who fails to make such a notification at such time and in such manner as the Secretary of Labor may require shall pay a penalty of $250 for each such failure. ‘‘(b) INTENTIONAL FAILURE.—In the case of any such failure that is fraudulent, such person shall pay a penalty equal to the greater of— ‘‘(1) $250, or ‘‘(2) 110 percent of the premium assistance provided under section 9501(a)(1)(A) of the American Rescue Plan Act of 2021 after termination of eligibility under such section. ‘‘(c) REASONABLE CAUSE EXCEPTION.—No penalty shall be imposed under this section with respect to any failure if it is shown that such failure is due to reasonable cause and not to willful neglect.’’. (B) CLERICAL AMENDMENT.—The table of sections of part I of subchapter B of chapter 68 of such Code is amended by adding at the end the following new item: ‘‘Sec. 6720C. Penalty for failure to notify health plan of cessation of eligibility for continuation coverage premium assistance.’’. (3) COORDINATION WITH HCTC.— (A) IN GENERAL.—Section 35(g)(9) of the Internal Rev- enue Code of 1986 is amended to read as follows: ‘‘(9) CONTINUATION COVERAGE PREMIUM ASSISTANCE.—In the case of an assistance eligible individual who receives pre- mium assistance for continuation coverage under section 9501(a)(1) of the American Rescue Plan Act of 2021 for any month during the taxable year, such individual shall not be treated as an eligible individual, a certified individual, or a qualifying family member for purposes of this section or section 7527 with respect to such month.’’. (B) EFFECTIVE DATE.—The amendment made by subparagraph (A) shall apply to taxable years ending after the date of the enactment of this Act. (4) EXCLUSION OF CONTINUATION COVERAGE PREMIUM ASSISTANCE FROM GROSS INCOME.— (A) IN GENERAL.—Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139H the following new section: ‘‘SEC. 139I. CONTINUATION COVERAGE PREMIUM ASSISTANCE. ‘‘In the case of an assistance eligible individual (as defined in subsection (a)(3) of section 9501 of the American Rescue Plan Act of 2021), gross income does not include any premium assistance provided under subsection (a)(1) of such section.’’. (B) CLERICAL AMENDMENT.—The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 139H the following new item: ‘‘Sec. 139I. Continuation coverage premium assistance.’’. H. R. 1319—135 (C) EFFECTIVE DATE.—The amendments made by this paragraph shall apply to taxable years ending after the date of the enactment of this Act. Subtitle G—Promoting Economic Security PART 1—2021 RECOVERY REBATES TO INDIVIDUALS SEC. 9601. 2021 RECOVERY REBATES TO INDIVIDUALS. (a) IN GENERAL.—Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by inserting after section 6428A the following new section: ‘‘SEC. 6428B. 2021 RECOVERY REBATES TO INDIVIDUALS. ‘‘(a) IN GENERAL.—In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by subtitle A for the first taxable year beginning in 2021 an amount equal to the 2021 rebate amount determined for such taxable year. ‘‘(b) 2021 REBATE AMOUNT.—For purposes of this section, the term ‘2021 rebate amount’ means, with respect to any taxpayer for any taxable year, the sum of— ‘‘(1) $1,400 ($2,800 in the case of a joint return), plus ‘‘(2) $1,400 multiplied by the number of dependents of the taxpayer for such taxable year. ‘‘(c) ELIGIBLE INDIVIDUAL.—For purposes of this section, the term ‘eligible individual’ means any individual other than— ‘‘(1) any nonresident alien individual, ‘‘(2) any individual who is a dependent of another taxpayer for a taxable year beginning in the calendar year in which the individual’s taxable year begins, and ‘‘(3) an estate or trust. ‘‘(d) LIMITATION BASED ON ADJUSTED GROSS INCOME.— ‘‘(1) IN GENERAL.—The amount of the credit allowed by subsection (a) (determined without regard to this subsection and subsection (f)) shall be reduced (but not below zero) by the amount which bears the same ratio to such credit (as so determined) as— ‘‘(A) the excess of— ‘‘(i) the taxpayer’s adjusted gross income for such taxable year, over ‘‘(ii) $75,000, bears to ‘‘(B) $5,000. ‘‘(2) SPECIAL RULES.— ‘‘(A) JOINT RETURN OR SURVIVING SPOUSE.—In the case of a joint return or a surviving spouse (as defined in section 2(a)), paragraph (1) shall be applied by substituting ‘$150,000’ for ‘$75,000’ and ‘$10,000’ for ‘$5,000’. ‘‘(B) HEAD OF HOUSEHOLD.—In the case of a head of household (as defined in section 2(b)), paragraph (1) shall be applied by substituting ‘$112,500’ for ‘$75,000’ and ‘$7,500’ for ‘$5,000’. ‘‘(e) DEFINITIONS AND SPECIAL RULES.— ‘‘(1) DEPENDENT DEFINED.—For purposes of this section, the term ‘dependent’ has the meaning given such term by section 152. H. R. 1319—136 ‘‘(2) IDENTIFICATION NUMBER REQUIREMENT.— ‘‘(A) IN GENERAL.—In the case of a return other than a joint return, the $1,400 amount in subsection (b)(1) shall be treated as being zero unless the taxpayer includes the valid identification number of the taxpayer on the return of tax for the taxable year. ‘‘(B) JOINT RETURNS.—In the case of a joint return, the $2,800 amount in subsection (b)(1) shall be treated as being— ‘‘(i) $1,400 if the valid identification number of only 1 spouse is included on the return of tax for the taxable year, and ‘‘(ii) zero if the valid identification number of nei- ther spouse is so included. ‘‘(C) DEPENDENTS.—A dependent shall not be taken into account under subsection (b)(2) unless the valid identi- fication number of such dependent is included on the return of tax for the taxable year. ‘‘(D) VALID IDENTIFICATION NUMBER.— ‘‘(i) IN GENERAL.—For purposes of this paragraph, the term ‘valid identification number’ means a social security number issued to an individual by the Social Security Administration on or before the due date for filing the return for the taxable year. ‘‘(ii) ADOPTION TAXPAYER IDENTIFICATION NUMBER.—For purposes of subparagraph (C), in the case of a dependent who is adopted or placed for adop- tion, the term ‘valid identification number’ shall include the adoption taxpayer identification number of such dependent. ‘‘(E) SPECIAL RULE FOR MEMBERS OF THE ARMED FORCES.—Subparagraph (B) shall not apply in the case where at least 1 spouse was a member of the Armed Forces of the United States at any time during the taxable year and the valid identification number of at least 1 spouse is included on the return of tax for the taxable year. ‘‘(F) COORDINATION WITH CERTAIN ADVANCE PAY- MENTS.—In the case of any payment determined pursuant to subsection (g)(6), a valid identification number shall be treated for purposes of this paragraph as included on the taxpayer’s return of tax if such valid identification number is available to the Secretary as described in such subsection. ‘‘(G) MATHEMATICAL OR CLERICAL ERROR AUTHORITY.— Any omission of a correct valid identification number required under this paragraph shall be treated as a mathe- matical or clerical error for purposes of applying section 6213(g)(2) to such omission. ‘‘(3) CREDIT TREATED AS REFUNDABLE.—The credit allowed by subsection (a) shall be treated as allowed by subpart C of part IV of subchapter A of chapter 1. ‘‘(f) COORDINATION WITH ADVANCE REFUNDS OF CREDIT.— ‘‘(1) REDUCTION OF REFUNDABLE CREDIT.—The amount of the credit which would (but for this paragraph) be allowable under subsection (a) shall be reduced (but not below zero) by the aggregate refunds and credits made or allowed to the H. R. 1319—137 taxpayer (or, except as otherwise provided by the Secretary, any dependent of the taxpayer) under subsection (g). 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). ‘‘(2) JOINT RETURNS.—Except as otherwise provided by the Secretary, in the case of a refund or credit made or allowed under subsection (g) with respect to a joint return, half of such refund or credit shall be treated as having been made or allowed to each individual filing such return. ‘‘(g) ADVANCE REFUNDS AND CREDITS.— ‘‘(1) IN GENERAL.—Subject to paragraphs (5) and (6), each individual who was an eligible individual for such individual’s first taxable year beginning in 2019 shall be treated as having made a payment against the tax imposed by chapter 1 for such taxable year in an amount equal to the advance refund amount for such taxable year. ‘‘(2) ADVANCE REFUND AMOUNT.— ‘‘(A) IN GENERAL.—For purposes of paragraph (1), the advance refund amount is the amount that would have been allowed as a credit under this section for such taxable year if this section (other than subsection (f) and this subsection) had applied to such taxable year. ‘‘(B) TREATMENT OF DECEASED INDIVIDUALS.—For pur- poses of determining the advance refund amount with respect to such taxable year— ‘‘(i) any individual who was deceased before January 1, 2021, shall be treated for purposes of applying subsection (e)(2) in the same manner as if the valid identification number of such person was not included on the return of tax for such taxable year (except that subparagraph (E) thereof shall not apply), ‘‘(ii) notwithstanding clause (i), in the case of a joint return with respect to which only 1 spouse is deceased before January 1, 2021, such deceased spouse was a member of the Armed Forces of the United States at any time during the taxable year, and the valid identification number of such deceased spouse is included on the return of tax for the taxable year, the valid identification number of 1 (and only 1) spouse shall be treated as included on the return of tax for the taxable year for purposes of applying subsection (e)(2)(B) with respect to such joint return, and ‘‘(iii) no amount shall be determined under sub- section (e)(2) with respect to any dependent of the taxpayer if the taxpayer (both spouses in the case of a joint return) was deceased before January 1, 2021. ‘‘(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 section 6428A(f)(3), refund or credit any overpayment attrib- utable 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. H. R. 1319—138 ‘‘(4) NO INTEREST.—No interest shall be allowed on any overpayment attributable to this subsection. ‘‘(5) APPLICATION TO INDIVIDUALS WHO HAVE FILED A RETURN OF TAX FOR 2020.— ‘‘(A) APPLICATION TO 2020 RETURNS FILED AT TIME OF INITIAL DETERMINATION.—If, at the time of any determina- tion made pursuant to paragraph (3), the individual referred to in paragraph (1) has filed a return of tax for the individual’s first taxable year beginning in 2020, para- graph (1) shall be applied with respect to such individual by substituting ‘2020’ for ‘2019’. ‘‘(B) ADDITIONAL PAYMENT.— ‘‘(i) IN GENERAL.—In the case of any individual who files, before the additional payment determination date, a return of tax for such individual’s first taxable year beginning in 2020, the Secretary shall make a payment (in addition to any payment made under para- graph (1)) to such individual equal to the excess (if any) of— ‘‘(I) the amount which would be determined under paragraph (1) (after the application of subparagraph (A)) by applying paragraph (1) as of the additional payment determination date, over ‘‘(II) the amount of any payment made with respect to such individual under paragraph (1). ‘‘(ii) ADDITIONAL PAYMENT DETERMINATION DATE.— The term ‘additional payment determination date’ means the earlier of— ‘‘(I) the date which is 90 days after the 2020 calendar year filing deadline, or ‘‘(II) September 1, 2021. ‘‘(iii) 2020 CALENDAR YEAR FILING DEADLINE.—The term ‘2020 calendar year filing deadline’ means the date specified in section 6072(a) with respect to returns for calendar year 2020. Such date shall be determined after taking into account any period disregarded under section 7508A if such disregard applies to substantially all returns for calendar year 2020 to which section 6072(a) applies. ‘‘(6) APPLICATION TO CERTAIN INDIVIDUALS WHO HAVE NOT FILED A RETURN OF TAX FOR 2019 OR 2020 AT TIME OF DETERMINA- TION.—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 respect to such individual without regard to subsection (d) unless the Secretary has reason to know that such amount would other- wise be reduced by reason of such subsection. ‘‘(7) SPECIAL RULE RELATED TO TIME OF FILING RETURN.— Solely for purposes of this subsection, a return of tax shall not be treated as filed until such return has been processed by the Internal Revenue Service. H. R. 1319—139 ‘‘(8) RESTRICTION ON USE OF CERTAIN PREVIOUSLY ISSUED PREPAID DEBIT CARDS.—Payments made by the Secretary to individuals under this section shall not be in the form of an increase in the balance of any previously issued prepaid debit card if, as of the time of the issuance of such card, such card was issued solely for purposes of making payments under section 6428 or 6428A. ‘‘(h) REGULATIONS.—The Secretary shall prescribe such regula- tions or other guidance as may be necessary or appropriate to carry out the purposes of this section, including— ‘‘(1) regulations or other guidance providing taxpayers the opportunity to provide the Secretary information sufficient to allow the Secretary to make payments to such taxpayers under subsection (g) (including the determination of the amount of such payment) if such information is not otherwise available to the Secretary, and ‘‘(2) regulations or other guidance to ensure to the max- imum extent administratively practicable that, in determining the amount of any credit under subsection (a) and any credit or refund under subsection (g), an individual is not taken into account more than once, including by different taxpayers and including by reason of a change in joint return status or dependent status between the taxable year for which an advance refund amount is determined and the taxable year for which a credit under subsection (a) is determined. ‘‘(i) OUTREACH.—The Secretary shall carry out a robust and comprehensive outreach program to ensure that all taxpayers described in subsection (h)(1) learn of their eligibility for the advance refunds and credits under subsection (g); are advised of the opportunity to receive such advance refunds and credits as provided under subsection (h)(1); and are provided assistance in applying for such advance refunds and credits.’’. (b) TREATMENT OF CERTAIN POSSESSIONS.— (1) PAYMENTS TO POSSESSIONS WITH MIRROR CODE TAX SYS- TEMS.—The Secretary of the Treasury shall pay to each posses- sion 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 amendments made by this section. Such amounts shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession. (2) PAYMENTS TO OTHER POSSESSIONS.—The Secretary of the Treasury shall pay to each possession of the United States which does not have a mirror code tax system amounts esti- mated by the Secretary of the Treasury as being equal to the aggregate benefits (if any) that would have been provided to residents of such possession by reason of the amendments made by this section if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply unless the respective possession has a plan, which has been approved by the Secretary of the Treasury, under which such possession will promptly distribute such payments to its residents. (3) INCLUSION OF ADMINISTRATIVE EXPENSES.—The Sec- retary of the Treasury shall pay to each possession of the United States to which the Secretary makes a payment under paragraph (1) or (2) an amount equal to the lesser of— H. R. 1319—140 (A) the increase (if any) of the administrative expenses of such possession— (i) in the case of a possession described in para- graph (1), by reason of the amendments made by this section, and (ii) in the case of a possession described in para- graph (2), by reason of carrying out the plan described in such paragraph, or (B) $500,000 ($10,000,000 in the case of Puerto Rico). The amount described in subparagraph (A) shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession. (4) COORDINATION WITH CREDIT ALLOWED AGAINST UNITED STATES INCOME TAXES.—No credit shall be allowed against United States income taxes under section 6428B of the Internal Revenue Code of 1986 (as added by this section), nor shall any credit or refund be made or allowed under subsection (g) of such section, to any person— (A) to whom a credit is allowed against taxes imposed by the possession by reason of the amendments made by this section, or (B) who is eligible for a payment under a plan described in paragraph (2). (5) MIRROR CODE TAX SYSTEM.—For purposes of this sub- 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 ref- erence to the income tax laws of the United States as if such possession were the United States. (6) 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. (c) ADMINISTRATIVE PROVISIONS.— (1) DEFINITION OF DEFICIENCY.—Section 6211(b)(4)(A) of the Internal Revenue Code of 1986 is amended by striking ‘‘6428, and 6428A’’ and inserting ‘‘6428, 6428A, and 6428B’’. (2) EXCEPTION FROM REDUCTION OR OFFSET.—Any refund payable by reason of section 6428B(g) of the Internal Revenue Code of 1986 (as added by this section), or any such refund payable by reason of subsection (b) of this section, shall not be— (A) subject to reduction or offset pursuant to subsection (c), (d), (e), or (f) of section 6402 of the Internal Revenue Code of 1986 or any similar authority permitting offset, or (B) reduced or offset by other assessed Federal taxes that would otherwise be subject to levy or collection. (3) CONFORMING AMENDMENTS.— (A) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ‘‘6428B,’’ after ‘‘6428A,’’. (B) The table of sections for subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by H. R. 1319—141 inserting after the item relating to section 6428A the fol- lowing new item: ‘‘Sec. 6428B. 2021 recovery rebates to individuals.’’. (d) APPROPRIATIONS.—Immediately upon the enactment of this Act, in addition to amounts otherwise available, there are appro- priated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated: (1) $1,464,500,000 to remain available until September 30, 2023 for necessary expenses for the Internal Revenue Service for the administration of the advance payments, the provision of taxpayer assistance, and the furtherance of integrated, mod- ernized, and secure Internal Revenue Service systems, of which up to $20,000,000 is available for premium pay for services related to the development of information technology as deter- mined by the Commissioner of the Internal Revenue occurring between January 1, 2020 and December 31, 2022, and all of which shall supplement and not supplant any other appro- priations that may be available for this purpose. (2) $7,000,000 to remain available until September 30, 2022, for necessary expenses for the Bureau of the Fiscal Service to carry out this section (and the amendments made by this section), which shall supplement and not supplant any other appropriations that may be available for this purpose, and (3) $8,000,000 to remain available until September 30, 2023, for the Treasury Inspector General for Tax Administra- tion for the purposes of overseeing activities related to the administration of this section (and the amendments made by this section), which shall supplement and not supplant any other appropriations that may be available for this purpose. PART 2—CHILD TAX CREDIT SEC. 9611. CHILD TAX CREDIT IMPROVEMENTS FOR 2021. (a) IN GENERAL.—Section 24 of the Internal Revenue Code of 1986 is amended by adding at the end the following new sub- section: ‘‘(i) SPECIAL RULES FOR 2021.—In the case of any taxable year beginning after December 31, 2020, and before January 1, 2022— ‘‘(1) REFUNDABLE CREDIT.—If the taxpayer (in the case of a joint return, either spouse) has a principal place of abode in the United States (determined as provided in section 32) for more than one-half of the taxable year or is a bona fide resident of Puerto Rico (within the meaning of section 937(a)) for such taxable year— ‘‘(A) subsection (d) shall not apply, and ‘‘(B) so much of the credit determined under subsection (a) (after application of subparagraph (A)) as does not exceed the amount of such credit which would be so deter- mined without regard to subsection (h)(4) shall be allowed under subpart C (and not allowed under this subpart). ‘‘(2) 17-YEAR-OLDS ELIGIBLE FOR TREATMENT AS QUALIFYING CHILDREN.—This section shall be applied— ‘‘(A) by substituting ‘age 18’ for ‘age 17’ in subsection (c)(1), and H. R. 1319—142 ‘‘(B) by substituting ‘described in subsection (c) (deter- mined after the application of subsection (i)(2)(A))’ for ‘described in subsection (c)’ in subsection (h)(4)(A). ‘‘(3) CREDIT AMOUNT.—Subsection (h)(2) shall not apply and subsection (a) shall be applied by substituting ‘$3,000 ($3,600 in the case of a qualifying child who has not attained age 6 as of the close of the calendar year in which the taxable year of the taxpayer begins)’ for ‘$1,000’. ‘‘(4) REDUCTION OF INCREASED CREDIT AMOUNT BASED ON MODIFIED ADJUSTED GROSS INCOME.— ‘‘(A) IN GENERAL.—The amount of the credit allowable under subsection (a) (determined without regard to sub- section (b)) shall be reduced by $50 for each $1,000 (or fraction thereof) by which the taxpayer’s modified adjusted gross income (as defined in subsection (b)) exceeds the applicable threshold amount. ‘‘(B) APPLICABLE THRESHOLD AMOUNT.—For purposes of this paragraph, the term ‘applicable threshold amount’ means— ‘‘(i) $150,000, in the case of a joint return or sur- viving spouse (as defined in section 2(a)) , ‘‘(ii) $112,500, in the case of a head of household (as defined in section 2(b)), and ‘‘(iii) $75,000, in any other case. ‘‘(C) LIMITATION ON REDUCTION.— ‘‘(i) IN GENERAL.—The amount of the reduction under subparagraph (A) shall not exceed the lesser of— ‘‘(I) the applicable credit increase amount, or ‘‘(II) 5 percent of the applicable phaseout threshold range. ‘‘(ii) APPLICABLE CREDIT INCREASE AMOUNT.—For purposes of this subparagraph, the term ‘applicable credit increase amount’ means the excess (if any) of— ‘‘(I) the amount of the credit allowable under this section for the taxable year determined with- out regard to this paragraph and subsection (b), over ‘‘(II) the amount of such credit as so deter- mined and without regard to paragraph (3). ‘‘(iii) APPLICABLE PHASEOUT THRESHOLD RANGE.— For purposes of this subparagraph, the term ‘applicable phaseout threshold range’ means the excess of— ‘‘(I) the threshold amount applicable to the taxpayer under subsection (b) (determined after the application of subsection (h)(3)), over ‘‘(II) the applicable threshold amount applicable to the taxpayer under this paragraph. ‘‘(D) COORDINATION WITH LIMITATION ON OVERALL CREDIT.—Subsection (b) shall be applied by substituting ‘the credit allowable under subsection (a) (determined after the application of subsection (i)(4)(A)’ for ‘the credit allow- able under subsection (a)’.’’. (b) ADVANCE PAYMENT OF CREDIT.— (1) IN GENERAL.—Chapter 77 of such Code is amended by inserting after section 7527 the following new section: H. R. 1319—143 ‘‘SEC. 7527A. ADVANCE PAYMENT OF CHILD TAX CREDIT. ‘‘(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. ‘‘(b) ANNUAL ADVANCE AMOUNT.—For purposes of this section— ‘‘(1) IN GENERAL.—Except as otherwise provided in this subsection, the term ‘annual advance amount’ means, with respect to any taxpayer for any calendar year, the amount (if any) which is estimated by the Secretary as being equal to 50 percent of the amount which would be treated as allowed under subpart C of part IV of subchapter A of chapter 1 by reason of section 24(i)(1) for the taxpayer’s taxable year beginning in such calendar year if— ‘‘(A) the status of the taxpayer as a taxpayer described in section 24(i)(1) is determined with respect to the ref- erence taxable year, ‘‘(B) the taxpayer’s modified adjusted gross income for such taxable year is equal to the taxpayer’s modified adjusted gross income for the reference taxable year, ‘‘(C) the only children of such taxpayer for such taxable year are qualifying children properly claimed on the tax- payer’s return of tax for the reference taxable year, and ‘‘(D) the ages of such children (and the status of such children as qualifying children) are determined for such taxable year by taking into account the passage of time since the reference taxable year. ‘‘(2) REFERENCE TAXABLE YEAR.—Except as provided in paragraph (3)(A), the term ‘reference taxable year’ means, with respect to any taxpayer for any calendar year, the taxpayer’s taxable year beginning in the preceding calendar year or, in the case of taxpayer who did not file a return of tax for such taxable year, the taxpayer’s taxable year beginning in the second preceding calendar year. ‘‘(3) MODIFICATIONS DURING CALENDAR YEAR.— ‘‘(A) IN GENERAL.—The Secretary may modify, during any calendar year, the annual advance amount with respect to any taxpayer for such calendar year to take into account— ‘‘(i) a return of tax filed by such taxpayer during such calendar year (and the taxable year to which such return relates may be taken into account as the reference taxable year), and ‘‘(ii) any other information provided by the tax- payer to the Secretary which allows the Secretary to determine payments under subsection (a) which, in the aggregate during any taxable year of the taxpayer, more closely total the Secretary’s estimate of the amount treated as allowed under subpart C of part IV of subchapter A of chapter 1 by reason of section 24(i)(1) for such taxable year of such taxpayer. ‘‘(B) ADJUSTMENT TO REFLECT EXCESS OR DEFICIT IN PRIOR PAYMENTS.—In the case of any modification of the annual advance amount under subparagraph (A), the Sec- retary may adjust the amount of any periodic payment H. R. 1319—144 made after the date of such modification to properly take into account the amount by which any periodic payment made before such date was greater than or less than the amount that such payment would have been on the basis of the annual advance amount as so modified. ‘‘(4) DETERMINATION OF STATUS.—If information contained in the taxpayer’s return of tax for the reference taxable year does not establish the status of the taxpayer as being described in section 24(i)(1), the Secretary shall, for purposes of paragraph (1)(A), determine such status based on information known to the Secretary. ‘‘(5) TREATMENT OF CERTAIN DEATHS.—A child shall not be taken into account in determining the annual advance amount under paragraph (1) if the death of such child is known to the Secretary as of the beginning of the calendar year for which the estimate under such paragraph is made. ‘‘(c) ON-LINE INFORMATION PORTAL.—The Secretary shall estab- lish an on-line portal which allows taxpayers to— ‘‘(1) elect not to receive payments under this section, and ‘‘(2) provide information to the Secretary which would be relevant to a modification under subsection (b)(3)(B) of the annual advance amount, including information regarding— ‘‘(A) a change in the number of the taxpayer’s quali- fying children, including by reason of the birth of a child, ‘‘(B) a change in the taxpayer’s marital status, ‘‘(C) a significant change in the taxpayer’s income, and ‘‘(D) any other factor which the Secretary may provide. ‘‘(d) NOTICE OF PAYMENTS.—Not later than January 31 of the calendar year following any calendar year during which the Sec- retary makes one or more payments to any taxpayer under this section, the Secretary shall provide such taxpayer with a written notice which includes the taxpayer’s taxpayer identity (as defined in section 6103(b)(6)), the aggregate amount of such payments made to such taxpayer during such calendar year, and such other informa- tion as the Secretary determines appropriate. ‘‘(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 extent 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 sub- section (c), (d), (e), or (f) of section 6402 or any similar authority permitting offset, 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 POSSES- SIONS OF THE UNITED STATES.— ‘‘(A) IN GENERAL.—The advance payment amount determined under this section shall be determined— H. R. 1319—145 ‘‘(i) by applying section 24(i)(1) without regard to the phrase ‘or is a bona fide resident of Puerto Rico (within 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 possession of the United States with a mirror code tax system (as defined in section 24(k)), this section shall not be treated as part of the income tax laws of the United States for purposes of determining the income tax law of such possession 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 possession under section 24(k)(1)(A) with respect to taxable 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 subparagraph (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 approved by the Secretary, for making advance payments under rules similar to the rules of this sec- tion. ‘‘(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) imme- diately upon approval of the plan referred to in such clause, respectively. ‘‘(f) APPLICATION.—No payments shall be made under the pro- gram established under subsection (a) with respect to— ‘‘(1) any period before July 1, 2021, or ‘‘(2) any period after December 31, 2021. ‘‘(g) REGULATIONS.—The Secretary shall issue such regulations or other guidance as the Secretary determines necessary or appro- priate to carry out the purposes of this section and subsections (i)(1) and (j) of section 24, including regulations or other guidance which provides for the application of such provisions where the filing status of the taxpayer for a taxable year is different from the status used for determining the annual advance amount.’’. (2) RECONCILIATION OF CREDIT AND ADVANCE CREDIT.—Sec- tion 24 of such Code, as amended by the preceding provision of this Act, is amended by adding at the end the following new subsection: ‘‘(j) RECONCILIATION OF CREDIT AND ADVANCE CREDIT.— ‘‘(1) IN GENERAL.—The amount of the credit allowed under this section to any taxpayer for any taxable year shall be reduced (but not below zero) by the aggregate amount of pay- ments made under section 7527A to such taxpayer during such H. R. 1319—146 taxable year. 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). ‘‘(2) EXCESS ADVANCE PAYMENTS.— ‘‘(A) IN GENERAL.—If the aggregate amount of pay- ments under section 7527A to the taxpayer during the taxable year exceeds the amount of the credit allowed under this section to such taxpayer for such taxable year (determined without regard to paragraph (1)), the tax imposed by this chapter for such taxable year shall be increased by the amount of such excess. Any failure to so increase the tax shall be treated as arising out of a mathematical or clerical error and assessed according to section 6213(b)(1). ‘‘(B) SAFE HARBOR BASED ON MODIFIED ADJUSTED GROSS INCOME.— ‘‘(i) IN GENERAL.—In the case of a taxpayer whose modified adjusted gross income (as defined in sub- section (b)) for the taxable year does not exceed 200 percent of the applicable income threshold, the amount of the increase determined under subparagraph (A) with respect to such taxpayer for such taxable year shall be reduced (but not below zero) by the safe harbor amount. ‘‘(ii) PHASE OUT OF SAFE HARBOR AMOUNT.—In the case of a taxpayer whose modified adjusted gross income (as defined in subsection (b)) for the taxable year exceeds the applicable income threshold, the safe harbor amount otherwise in effect under clause (i) shall be reduced by the amount which bears the same ratio to such amount as such excess bears to the applicable income threshold. ‘‘(iii) APPLICABLE INCOME THRESHOLD.—For pur- poses of this subparagraph, the term ‘applicable income threshold’ means— ‘‘(I) $60,000 in the case of a joint return or surviving spouse (as defined in section 2(a)), ‘‘(II) $50,000 in the case of a head of household, and ‘‘(III) $40,000 in any other case. ‘‘(iv) SAFE HARBOR AMOUNT.—For purposes of this subparagraph, the term ‘safe harbor amount’ means, with respect to any taxable year, the product of— ‘‘(I) $2,000, multiplied by ‘‘(II) the excess (if any) of the number of quali- fied children taken into account in determining the annual advance amount with respect to the taxpayer under section 7527A with respect to months beginning in such taxable year, over the number of qualified children taken into account in determining the credit allowed under this sec- tion for such taxable year.’’. (3) COORDINATION WITH WAGE WITHHOLDING.—Section 3402(f)(1)(C) of such Code is amended by striking ‘‘section 24(a)’’ and inserting ‘‘section 24 (determined after application of sub- section (j) thereof)’’. (4) CONFORMING AMENDMENTS.— H. R. 1319—147 (A) Section 26(b)(2) of such Code is amended by striking ‘‘and’’ at the end of subparagraph (X), by striking the period at the end of subparagraph (Y) and inserting ‘‘, and’’, and by adding at the end the following new subpara- graph: ‘‘(Z) section 24(j)(2) (relating to excess advance pay- ments).’’. (B) Section 6211(b)(4)(A) of such Code, as amended by the preceding provisions of this subtitle, is amended— (i) by striking ‘‘24(d)’’ and inserting ‘‘24 by reason of subsections (d) and (i)(1) thereof’’, and (ii) by striking ‘‘and 6428B’’ and inserting ‘‘6428B, and 7527A’’. (C) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended— (i) by inserting ‘‘24,’’ before ‘‘25A’’, and (ii) by striking ‘‘ or 6431’’ and inserting ‘‘6431, or 7527A’’. (D) The table of sections for chapter 77 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 7527 the following new item: ‘‘Sec. 7527A. Advance payment of child tax credit.’’. (5) APPROPRIATIONS TO CARRY OUT ADVANCE PAYMENTS.— Immediately upon the enactment of this Act, in addition to amounts otherwise available, there are appropriated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated: (A) $397,200,000 to remain available until September 30, 2022, for necessary expenses for the Internal Revenue Service to carry out this section (and the amendments made by this section), which shall supplement and not supplant any other appropriations that may be available for this purpose, and (B) $16,200,000 to remain available until September 30, 2022, for necessary expenses for the Bureau of the Fiscal Service to carry out this section (and the amend- ments made by this section), which shall supplement and not supplant any other appropriations that may be avail- able for this purpose. (c) EFFECTIVE DATE.— (1) IN GENERAL.—The amendments made by this section shall apply to taxable years beginning after December 31, 2020. (2) ESTABLISHMENT OF ADVANCE PAYMENT PROGRAM.—The Secretary of the Treasury (or the Secretary’s designee) shall establish the program described in section 7527A of the Internal Revenue Code of 1986 as soon as practicable after the date of the enactment of this Act, except that the Secretary shall ensure that the timing of the establishment of such program does not interfere with carrying out section 6428B(g) as rapidly as possible. SEC. 9612. APPLICATION OF CHILD TAX CREDIT IN POSSESSIONS. (a) IN GENERAL.—Section 24 of the Internal Revenue Code of 1986, as amended by the preceding provisions of this Act, is amended by adding at the end the following new subsection: ‘‘(k) APPLICATION OF CREDIT IN POSSESSIONS.— H. R. 1319—148 ‘‘(1) MIRROR CODE POSSESSIONS.— ‘‘(A) IN GENERAL.—The Secretary shall pay to each possession of the United States with a mirror code tax system amounts equal to the loss (if any) to that possession by reason of the application of this section (determined without regard to this subsection) with respect to taxable years beginning after 2020. Such amounts shall be deter- mined by the Secretary based on information provided by the government of the respective possession. ‘‘(B) COORDINATION WITH CREDIT ALLOWED AGAINST UNITED STATES INCOME TAXES.—No credit shall be allowed under this section for any taxable year to any individual to whom a credit is allowable against taxes imposed by a possession of the United States with a mirror code tax system by reason of the application of this section in such possession for such taxable year. ‘‘(C) MIRROR CODE TAX SYSTEM.—For purposes of this paragraph, 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. ‘‘(2) PUERTO RICO.— ‘‘(A) APPLICATION TO TAXABLE YEARS IN 2021.— ‘‘(i) For application of refundable credit to residents of Puerto Rico, see subsection (i)(1). ‘‘(ii) For nonapplication of advance payment to resi- dents of Puerto Rico, see section 7527A(e)(4)(A). ‘‘(B) APPLICATION TO TAXABLE YEARS AFTER 2021.—In the case of any bona fide resident of Puerto Rico (within the meaning of section 937(a)) for any taxable year begin- ning after December 31, 2021— ‘‘(i) the credit determined under this section shall be allowable to such resident, and ‘‘(ii) subsection (d)(1)(B)(ii) shall be applied without regard to the phrase ‘in the case of a taxpayer with 3 or more qualifying children’. ‘‘(3) AMERICAN SAMOA.— ‘‘(A) IN GENERAL.—The Secretary shall pay to American Samoa amounts estimated by the Secretary as being equal to the aggregate benefits that would have been provided to residents of American Samoa by reason of the application of this section for taxable years beginning after 2020 if the provisions of this section had been in effect in American Samoa (applied as if American Samoa were the United States and without regard to the application of this section to bona fide residents of Puerto Rico under subsection (i)(1)). ‘‘(B) DISTRIBUTION REQUIREMENT.—Subparagraph (A) shall not apply unless American Samoa has a plan, which has been approved by the Secretary, under which American Samoa will promptly distribute such payments to its resi- dents. ‘‘(C) COORDINATION WITH CREDIT ALLOWED AGAINST UNITED STATES INCOME TAXES.— H. R. 1319—149 ‘‘(i) IN GENERAL.—In the case of a taxable year with respect to which a plan is approved under subparagraph (B), this section (other than this sub- section) shall not apply to any individual eligible for a distribution under such plan. ‘‘(ii) APPLICATION OF SECTION IN EVENT OF ABSENCE OF APPROVED PLAN.—In the case of a taxable year with respect to which a plan is not approved under subparagraph (B)— ‘‘(I) if such taxable year begins in 2021, sub- section (i)(1) shall be applied by substituting ‘bona fide resident of Puerto Rico or American Samoa’ for ‘bona fide resident of Puerto Rico’, and ‘‘(II) if such taxable year begins after December 31, 2021, rules similar to the rules of paragraph (2)(B) shall apply with respect to bona fide residents of American Samoa (within the meaning of section 937(a)). ‘‘(4) TREATMENT OF PAYMENTS.—For purposes of section 1324 of title 31, United States Code, the payments under this subsection shall be treated in the same manner as a refund due from a credit provision referred to in subsection (b)(2) of such section.’’. (b) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable years beginning after December 31, 2020. PART 3—EARNED INCOME TAX CREDIT SEC. 9621. STRENGTHENING THE EARNED INCOME TAX CREDIT FOR INDIVIDUALS WITH NO QUALIFYING CHILDREN. (a) SPECIAL RULES FOR 2021.—Section 32 of the Internal Rev- enue Code of 1986 is amended by adding at the end the following new subsection: ‘‘(n) SPECIAL RULES FOR INDIVIDUALS WITHOUT QUALIFYING CHILDREN.—In the case of any taxable year beginning after December 31, 2020, and before January 1, 2022— ‘‘(1) DECREASE IN MINIMUM AGE FOR CREDIT.— ‘‘(A) IN GENERAL.—Subsection (c)(1)(A)(ii)(II) shall be applied by substituting ‘the applicable minimum age’ for ‘age 25’. ‘‘(B) APPLICABLE MINIMUM AGE.—For purposes of this paragraph, the term ‘applicable minimum age’ means— ‘‘(i) except as otherwise provided in this subpara- graph, age 19, ‘‘(ii) in the case of a specified student (other than a qualified former foster youth or a qualified homeless youth), age 24, and ‘‘(iii) in the case of a qualified former foster youth or a qualified homeless youth, age 18. ‘‘(C) SPECIFIED STUDENT.—For purposes of this para- graph, the term ‘specified student’ means, with respect to any taxable year, an individual who is an eligible student (as defined in section 25A(b)(3)) during at least 5 calendar months during the taxable year. ‘‘(D) QUALIFIED FORMER FOSTER YOUTH.—For purposes of this paragraph, the term ‘qualified former foster youth’ means an individual who— H. R. 1319—150 ‘‘(i) on or after the date that such individual attained age 14, was in foster care provided under the supervision or administration of an entity admin- istering (or eligible to administer) a plan under part B or part E of title IV of the Social Security Act (without regard to whether Federal assistance was pro- vided with respect to such child under such part E), and ‘‘(ii) provides (in such manner as the Secretary may provide) consent for entities which administer a plan under part B or part E of title IV of the Social Security Act to disclose to the Secretary information related to the status of such individual as a qualified former foster youth. ‘‘(E) QUALIFIED HOMELESS YOUTH.—For purposes of this paragraph, the term ‘qualified homeless youth’ means, with respect to any taxable year, an individual who certifies, in a manner as provided by the Secretary, that such indi- vidual is either an unaccompanied youth who is a homeless child or youth, or is unaccompanied, at risk of homeless- ness, and self-supporting. ‘‘(2) ELIMINATION OF MAXIMUM AGE FOR CREDIT.—Sub- section (c)(1)(A)(ii)(II) shall be applied without regard to the phrase ‘but not attained age 65’. ‘‘(3) INCREASE IN CREDIT AND PHASEOUT PERCENTAGES.— The table contained in subsection (b)(1) shall be applied by substituting ‘15.3’ for ‘7.65’ each place it appears therein. ‘‘(4) INCREASE IN EARNED INCOME AND PHASEOUT AMOUNTS.— ‘‘(A) IN GENERAL.—The table contained in subsection (b)(2)(A) shall be applied— ‘‘(i) by substituting ‘$9,820’ for ‘$4,220’, and ‘‘(ii) by substituting ‘$11,610’ for ‘$5,280’. ‘‘(B) COORDINATION WITH INFLATION ADJUSTMENT.— Subsection (j) shall not apply to any dollar amount specified in this paragraph.’’. (b) INFORMATION RETURN MATCHING.—As soon as practicable, the Secretary of the Treasury (or the Secretary’s delegate) shall develop and implement procedures to use information returns under section 6050S (relating to returns relating to higher education tui- tion and related expenses) to check the status of individuals as specified students for purposes of section 32(n)(1)(B)(ii) of the Internal Revenue Code of 1986 (as added by this section). (c) EFFECTIVE DATE.—The amendment made by this section shall apply to taxable years beginning after December 31, 2020. SEC. 9622. TAXPAYER ELIGIBLE FOR CHILDLESS EARNED INCOME CREDIT IN CASE OF QUALIFYING CHILDREN WHO FAIL TO MEET CERTAIN IDENTIFICATION REQUIREMENTS. (a) IN GENERAL.—Section 32(c)(1) of the Internal Revenue Code of 1986 is amended by striking subparagraph (F). (b) EFFECTIVE DATE.—The amendment made by this section shall apply to taxable years beginning after December 31, 2020. SEC. 9623. CREDIT ALLOWED IN CASE OF CERTAIN SEPARATED SPOUSES. (a) IN GENERAL.—Section 32(d) of the Internal Revenue Code of 1986 is amended— H. R. 1319—151 (1) by striking ‘‘MARRIED INDIVIDUALS.—In the case of’’ and inserting the following: ‘‘MARRIED INDIVIDUALS.— ‘‘(1) IN GENERAL.—In the case of’’, and (2) by adding at the end the following new paragraph: ‘‘(2) DETERMINATION OF MARITAL STATUS.—For purposes of this section— ‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), marital status shall be determined under section 7703(a). ‘‘(B) SPECIAL RULE FOR SEPARATED SPOUSE.—An indi- vidual shall not be treated as married if such individual— ‘‘(i) is married (as determined under section 7703(a)) and does not file a joint return for the taxable year, ‘‘(ii) resides with a qualifying child of the individual for more than one-half of such taxable year, and ‘‘(iii)(I) during the last 6 months of such taxable year, does not have the same principal place of abode as the individual’s spouse, or ‘‘(II) has a decree, instrument, or agreement (other than a decree of divorce) described in section 121(d)(3)(C) with respect to the individual’s spouse and is not a member of the same household with the individual’s spouse by the end of the taxable year.’’. (b) CONFORMING AMENDMENTS.— (1) Section 32(c)(1)(A) of such Code is amended by striking the last sentence. (2) Section 32(c)(1)(E)(ii) of such Code is amended by striking ‘‘(within the meaning of section 7703)’’. (3) Section 32(d)(1) of such Code, as amended by subsection (a), is amended by striking ‘‘(within the meaning of section 7703)’’. (c) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable years beginning after December 31, 2020. SEC. 9624. MODIFICATION OF DISQUALIFIED INVESTMENT INCOME TEST. (a) IN GENERAL.—Section 32(i) of the Internal Revenue Code of 1986 is amended by striking ‘‘$2,200’’ and inserting ‘‘$10,000’’. (b) INFLATION ADJUSTMENT.—Section 32(j)(1) of such Code is amended— (1) in the matter preceding subparagraph (A), by inserting ‘‘(2021 in the case of the dollar amount in subsection (i)(1))’’ after ‘‘2015’’, (2) in subparagraph (B)(i)— (A) by striking ‘‘subsections (b)(2)(A) and (i)(1)’’ and inserting ‘‘subsection (b)(2)(A)’’, and (B) by striking ‘‘and’’ at the end, (3) by striking the period at the end of subparagraph (B)(ii) and inserting ‘‘, and’’, and (4) by inserting after subparagraph (B)(ii) the following new clause: ‘‘(iii) in the case of the $10,000 amount in sub- section (i)(1), ‘calendar year 2020’ for ‘calendar year 2016’.’’. (c) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable years beginning after December 31, 2020. H. R. 1319—152 SEC. 9625. APPLICATION OF EARNED INCOME TAX CREDIT IN POSSES- SIONS OF THE UNITED STATES. (a) IN GENERAL.—Chapter 77 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ‘‘SEC. 7530. APPLICATION OF EARNED INCOME TAX CREDIT TO POSSES- SIONS OF THE UNITED STATES. ‘‘(a) PUERTO RICO.— ‘‘(1) IN GENERAL.—With respect to calendar year 2021 and each calendar year thereafter, the Secretary shall, except as otherwise provided in this subsection, make payments to Puerto Rico equal to— ‘‘(A) the specified matching amount for such calendar year, plus ‘‘(B) in the case of calendar years 2021 through 2025, the lesser of— ‘‘(i) the expenditures made by Puerto Rico during such calendar year for education efforts with respect to individual taxpayers and tax return preparers relating to the earned income tax credit, or ‘‘(ii) $1,000,000. ‘‘(2) REQUIREMENT TO REFORM EARNED INCOME TAX CREDIT.—The Secretary shall not make any payments under paragraph (1) with respect to any calendar year unless Puerto Rico has in effect an earned income tax credit for taxable years beginning in or with such calendar year which (relative to the earned income tax credit which was in effect for taxable years beginning in or with calendar year 2019) increases the percentage of earned income which is allowed as a credit for each group of individuals with respect to which such percentage is separately stated or determined in a manner designed to substantially increase workforce participation. ‘‘(3) SPECIFIED MATCHING AMOUNT.—For purposes of this subsection— ‘‘(A) IN GENERAL.—The term ‘specified matching amount’ means, with respect to any calendar year, the lesser of— ‘‘(i) the excess (if any) of— ‘‘(I) the cost to Puerto Rico of the earned income tax credit for taxable years beginning in or with such calendar year, over ‘‘(II) the base amount for such calendar year, or ‘‘(ii) the product of 3, multiplied by the base amount for such calendar year. ‘‘(B) BASE AMOUNT.— ‘‘(i) BASE AMOUNT FOR 2021.—In the case of cal- endar year 2021, the term ‘base amount’ means the greater of— ‘‘(I) the cost to Puerto Rico of the earned income tax credit for taxable years beginning in or with calendar year 2019 (rounded to the nearest multiple of $1,000,000), or ‘‘(II) $200,000,000. ‘‘(ii) INFLATION ADJUSTMENT.—In the case of any calendar year after 2021, the term ‘base amount’ means H. R. 1319—153 the dollar amount determined under clause (i) increased by an amount equal to— ‘‘(I) such dollar amount, multiplied by— ‘‘(II) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, deter- mined by substituting ‘calendar year 2020’ for ‘cal- endar year 2016’ in subparagraph (A)(ii) thereof. Any amount determined under this clause shall be rounded to the nearest multiple of $1,000,000. ‘‘(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 Sec- retary may require to determine such payments, and ‘‘(ii) except as provided in clause (i), within a reasonable period of time before the due date for indi- vidual income tax returns (as determined under the laws of Puerto Rico) for taxable years which began on the first day of such calendar year. ‘‘(B) INFORMATION.—The Secretary may require the reporting 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 Puerto 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 Puerto Rico by reason of such credit and refunds attributable to such credit, but shall not include any administrative costs with respect to such credit. ‘‘(b) POSSESSIONS WITH MIRROR CODE TAX SYSTEMS.— ‘‘(1) IN GENERAL.—With respect to calendar year 2021 and each calendar year thereafter, the Secretary shall, except as otherwise provided in this subsection, make payments to the Virgin Islands, Guam, and the Commonwealth of the Northern Mariana Islands equal to— ‘‘(A) the cost to such possession of the earned income tax credit for taxable years beginning in or with such calendar year, plus ‘‘(B) in the case of calendar years 2021 through 2025, the lesser of— ‘‘(i) the expenditures made by such possession during such calendar year for education efforts with respect to individual taxpayers and tax return pre- parers relating to such earned income tax credit, or ‘‘(ii) $50,000. ‘‘(2) APPLICATION OF CERTAIN RULES.—Rules similar to the rules of subparagraphs (A), (B), and (C) of subsection (a)(4) shall apply for purposes of this subsection. ‘‘(c) AMERICAN SAMOA.— ‘‘(1) IN GENERAL.—With respect to calendar year 2021 and each calendar year thereafter, the Secretary shall, except as otherwise provided in this subsection, make payments to Amer- ican Samoa equal to— ‘‘(A) the lesser of— H. R. 1319—154 ‘‘(i) the cost to American Samoa of the earned income tax credit for taxable years beginning in or with such calendar year, or ‘‘(ii) $16,000,000, plus ‘‘(B) in the case of calendar years 2021 through 2025, the lesser of— ‘‘(i) the expenditures made by American Samoa during such calendar year for education efforts with respect to individual taxpayers and tax return pre- parers relating to such earned income tax credit, or ‘‘(ii) $50,000. ‘‘(2) REQUIREMENT TO ENACT AND MAINTAIN AN EARNED INCOME TAX CREDIT.—The Secretary shall not make any pay- ments under paragraph (1) with respect to any calendar year unless American Samoa has in effect an earned income tax credit for taxable years beginning in or with such calendar year which allows a refundable tax credit to individuals on the basis of the taxpayer’s earned income which is designed to substantially increase workforce participation. ‘‘(3) INFLATION ADJUSTMENT.—In the case of any calendar year after 2021, the $16,000,000 amount in paragraph (1)(A)(ii) shall be increased by an amount equal to— ‘‘(A) such dollar amount, multiplied by— ‘‘(B) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, determined by sub- stituting ‘calendar year 2020’ for ‘calendar year 2016’ in subparagraph (A)(ii) thereof. Any increase determined under this clause shall be rounded to the nearest multiple of $100,000. ‘‘(4) APPLICATION OF CERTAIN RULES.—Rules similar to the rules of subparagraphs (A), (B), and (C) of subsection (a)(4) shall apply for purposes of this subsection. ‘‘(d) TREATMENT OF PAYMENTS.—For purposes of section 1324 of title 31, United States Code, the payments 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.’’. (b) CLERICAL AMENDMENT.—The table of sections for chapter 77 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ‘‘Sec. 7530. Application of earned income tax credit to possessions of the United States.’’. SEC. 9626. TEMPORARY SPECIAL RULE FOR DETERMINING EARNED INCOME FOR PURPOSES OF EARNED INCOME TAX CREDIT. (a) IN GENERAL.—If the earned income of the taxpayer for the taxpayer’s first taxable year beginning in 2021 is less than the earned income of the taxpayer for the taxpayer’s first taxable year beginning in 2019, the credit allowed under section 32 of the Internal Revenue Code of 1986 may, at the election of the taxpayer, be determined by substituting— (1) such earned income for the taxpayer’s first taxable year beginning in 2019, for (2) such earned income for the taxpayer’s first taxable year beginning in 2021. (b) EARNED INCOME.— H. R. 1319—155 (1) IN GENERAL.—For purposes of this section, the term ‘‘earned income’’ has the meaning given such term under section 32(c) of the Internal Revenue Code of 1986. (2) APPLICATION TO JOINT RETURNS.—For purposes of sub- section (a), in the case of a joint return, the earned income of the taxpayer for the first taxable year beginning in 2019 shall be the sum of the earned income of each spouse for such taxable year. (c) SPECIAL RULES.— (1) ERRORS TREATED AS MATHEMATICAL ERRORS.—For pur- poses of section 6213 of the Internal Revenue Code of 1986, an incorrect use on a return of earned income pursuant to subsection (a) shall be treated as a mathematical or clerical error. (2) NO EFFECT ON DETERMINATION OF GROSS INCOME, ETC.— Except as otherwise provided in this subsection, the Internal Revenue Code of 1986 shall be applied without regard to any substitution under subsection (a). (d) TREATMENT OF CERTAIN POSSESSIONS.— (1) PAYMENTS TO POSSESSIONS WITH MIRROR CODE TAX SYS- TEMS.—The Secretary of the Treasury shall pay to each posses- sion 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 application of the provisions of this section (other than this subsection) with respect to section 32 of the Internal Rev- enue Code of 1986. Such amounts shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession. (2) PAYMENTS TO OTHER POSSESSIONS.—The Secretary of the Treasury shall pay to each possession of the United States which does not have a mirror code tax system amounts esti- mated by the Secretary of the Treasury 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 (other than this subsection) with respect to section 32 of the Internal Revenue Code of 1986 if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply unless the respective posses- sion has a plan, which has been approved by the Secretary of the Treasury, 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 ref- erence 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 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. R. 1319—156 PART 4—DEPENDENT CARE ASSISTANCE SEC. 9631. REFUNDABILITY AND ENHANCEMENT OF CHILD AND DEPENDENT CARE TAX CREDIT. (a) IN GENERAL.—Section 21 of the Internal Revenue Code of 1986 is amended by adding at the end the following new sub- section: ‘‘(g) SPECIAL RULES FOR 2021.—In the case of any taxable year beginning after December 31, 2020, and before January 1, 2022— ‘‘(1) CREDIT MADE REFUNDABLE.—If the taxpayer (in the case of a joint return, either spouse) has a principal place of abode in the United States (determined as provided in section 32) for more than one-half of the taxable year, the credit allowed under subsection (a) shall be treated as a credit allowed under subpart C (and not allowed under this subpart). ‘‘(2) INCREASE IN DOLLAR LIMIT ON AMOUNT CREDITABLE.— Subsection (c) shall be applied— ‘‘(A) by substituting ‘$8,000’ for ‘$3,000’ in paragraph (1) thereof, and ‘‘(B) by substituting ‘$16,000’ for ‘$6,000’ in paragraph (2) thereof. ‘‘(3) INCREASE IN APPLICABLE PERCENTAGE.—Subsection (a)(2) shall be applied— ‘‘(A) by substituting ‘50 percent’ for ‘35 percent’, and ‘‘(B) by substituting ‘$125,000’ for ‘$15,000’. ‘‘(4) APPLICATION OF PHASEOUT TO HIGH INCOME INDIVID- UALS.— ‘‘(A) IN GENERAL.—Subsection (a)(2) shall be applied by substituting ‘the phaseout percentage’ for ‘20 percent’. ‘‘(B) PHASEOUT PERCENTAGE.—The term ‘phaseout percentage’ means 20 percent reduced (but not below zero) by 1 percentage point for each $2,000 (or fraction thereof) by which the taxpayer’s adjusted gross income for the tax- able year exceeds $400,000.’’. (b) APPLICATION OF CREDIT IN POSSESSIONS.—Section 21 of such Code, as amended by subsection (a), is amended by adding at the end the following new subsection: ‘‘(h) APPLICATION OF CREDIT IN POSSESSIONS.— ‘‘(1) PAYMENT TO POSSESSIONS WITH MIRROR CODE TAX SYS- TEMS.—The Secretary shall pay to each possession of the United States with a mirror code tax system amounts equal to the loss (if any) to that possession by reason of the application of this section (determined without regard to this subsection) with respect to taxable years beginning in or with 2021. 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 Secretary as being equal to the aggregate benefits that would have been provided to residents of such possession by reason of this section with respect to taxable years beginning in or with 2021 if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply unless the respective possession has a plan, which has been H. R. 1319—157 approved by the Secretary, under which such possession will promptly distribute such payments to its residents. ‘‘(3) COORDINATION WITH CREDIT ALLOWED AGAINST UNITED STATES INCOME TAXES.—In the case of any taxable year begin- ning in or with 2021, no credit shall be allowed under this section to any individual— ‘‘(A) to whom a credit is allowable against taxes imposed by a possession with a mirror code tax system by reason of this section, or ‘‘(B) who is eligible for a payment under a plan described in paragraph (2). ‘‘(4) MIRROR CODE TAX SYSTEM.—For purposes of this sub- 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 ref- erence to the income tax laws of the United States as if such possession were the United States. ‘‘(5) TREATMENT OF PAYMENTS.—For purposes of section 1324 of title 31, United States Code, the payments under this subsection shall be treated in the same manner as a refund due from a credit provision referred to in subsection (b)(2) of such section.’’. (c) CONFORMING AMENDMENTS.— (1) Section 6211(b)(4)(A) of such Code, as amended by the preceding provisions of this Act, is amended by inserting ‘‘21 by reason of subsection (g) thereof,’’ before ‘‘24’’. (2) Section 1324(b)(2) of title 31, United States Code (as amended by the preceding provisions of this title), is amended by inserting ‘‘21,’’ before ‘‘24’’. (d) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable years beginning after December 31, 2020. SEC. 9632. INCREASE IN EXCLUSION FOR EMPLOYER-PROVIDED DEPENDENT CARE ASSISTANCE. (a) IN GENERAL.—Section 129(a)(2) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ‘‘(D) SPECIAL RULE FOR 2021.—In the case of any taxable year beginning after December 31, 2020, and before January 1, 2022, subparagraph (A) shall be applied by substituting ‘$10,500 (half such dollar amount’ for ‘$5,000 ($2,500’.’’. (b) EFFECTIVE DATE.—The amendment made by this section shall apply to taxable years beginning after December 31, 2020. (c) RETROACTIVE PLAN AMENDMENTS.—A plan that otherwise satisfies all applicable requirements of sections 125 and 129 of the Internal Revenue Code of 1986 (including any rules or regula- tions thereunder) shall not fail to be treated as a cafeteria plan or dependent care assistance program merely because such plan is amended pursuant to a provision under this section and such amendment is retroactive, if— (1) such amendment is adopted no later than the last day of the plan year in which the amendment is effective, and (2) the plan is operated consistent with the terms of such amendment during the period beginning on the effective date H. R. 1319—158 of the amendment and ending on the date the amendment is adopted. 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 allowed as a credit against applicable employment taxes for each calendar 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), plus any increases under subsection (e), with respect to any indi- vidual shall not exceed $200 ($511 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, applied with the modification described in subsection (c)(2)(A)(i)) for any day (or portion thereof) for which the indi- vidual is paid qualified sick leave wages. ‘‘(2) OVERALL LIMITATION ON NUMBER OF DAYS TAKEN INTO ACCOUNT.—The aggregate number of days taken into account under paragraph (1) for any calendar quarter shall not exceed the excess (if any) of— ‘‘(A) 10, over ‘‘(B) the aggregate number of days so taken into account during preceding calendar quarters in such cal- endar 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 para- graph (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 instructions provided by the Secretary, up to an amount H. R. 1319—159 calculated 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 awaiting the results of a diagnostic test for, or a med- ical diagnosis of, COVID–19 and such employee has been exposed to COVID–19 or the employee’s employer has requested such test or diagnosis, or the employee is obtaining immunization related to COVID–19 or recovering from any injury, disability, illness, or condi- tion related to such immunization’ after ‘medical diag- nosis’ in section 5102(a)(3) thereof, and ‘‘(ii) by applying section 5102(b)(1) of such Act separately 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 employer which takes an action described in section 5104 of such Act shall be treated as failing to meet a requirement of such Act. ‘‘(d) ALLOWANCE OF CREDIT FOR CERTAIN HEALTH PLAN EXPENSES.— ‘‘(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 main- tain 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 section 106(a). ‘‘(3) ALLOCATION RULES.—For purposes of this section, qualified health plan expenses shall be allocated to qualified sick leave wages in such manner as the Secretary may pre- scribe. 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 H. R. 1319—160 on the basis of periods of coverage (relative to the time periods of leave to which such wages relate). ‘‘(e) ALLOWANCE OF CREDIT FOR AMOUNTS PAID UNDER CERTAIN COLLECTIVELY BARGAINED AGREEMENTS.— ‘‘(1) IN GENERAL.—The amount of the credit allowed under subsection (a) shall be increased by the sum of— ‘‘(A) so much of the employer’s collectively bargained defined benefit pension plan contributions as are properly allocable to the qualified sick leave wages for which such credit is so allowed, plus ‘‘(B) so much of the employer’s collectively bargained apprenticeship program contributions as are properly allo- cable to the qualified sick leave wages for which such credit is so allowed. ‘‘(2) COLLECTIVELY BARGAINED DEFINED BENEFIT PENSION PLAN CONTRIBUTIONS.—For purposes of this subsection— ‘‘(A) IN GENERAL.—The term ‘collectively bargained defined benefit pension plan contributions’ means, with respect to any calendar quarter, contributions which— ‘‘(i) are paid or incurred by an employer during the calendar quarter on behalf of its employees to a defined benefit plan (as defined in section 414(j)), which meets the requirements of section 401(a), ‘‘(ii) are made based on a pension contribution rate, and ‘‘(iii) are required to be made pursuant to the terms of a collective bargaining agreement in effect with respect to such calendar quarter. ‘‘(B) PENSION CONTRIBUTION RATE.—The term ‘pension contribution rate’ means the contribution rate that the employer is obligated to pay on behalf of its employees under the terms of a collective bargaining agreement for benefits under a defined benefit plan under such agree- ment, as such rate is applied to contribution base units (as defined by section 4001(a)(11) of the Employee Retire- ment Income Security Act of 1974 (29 U.S.C. 1301(a)(11)). ‘‘(C) ALLOCATION RULES.—The amount of collectively bargained defined benefit pension plan contributions allo- cated to qualified sick leave wages for any calendar quarter shall be the product of— ‘‘(i) the pension contribution rate (expressed as an hourly rate), and ‘‘(ii) the number of hours for which qualified sick leave wages were provided to employees covered under the collective bargaining agreement described in subparagraph (A)(iii) during the calendar quarter. ‘‘(3) COLLECTIVELY BARGAINED APPRENTICESHIP PROGRAM CONTRIBUTIONS.—For purposes of this section— ‘‘(A) IN GENERAL.—The term ‘collectively bargained apprenticeship program contributions’ means, with respect to any calendar quarter, contributions which— ‘‘(i) are paid or incurred by an employer on behalf of its employees with respect to the calendar quarter to a registered apprenticeship program, ‘‘(ii) are made based on an apprenticeship program contribution rate, and H. R. 1319—161 ‘‘(iii) are required to be made pursuant to the terms of a collective bargaining agreement that is in effect with respect to such calendar quarter. ‘‘(B) REGISTERED APPRENTICESHIP PROGRAM.—The term ‘registered apprenticeship program’ means an apprentice- ship registered under the Act of August 16, 1937 (commonly known as the ‘National Apprenticeship Act’; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.) that meets the standards of subpart A of part 29 and part 30 of title 29, Code of Federal Regulations. ‘‘(C) APPRENTICESHIP PROGRAM CONTRIBUTION RATE.— The term ‘apprenticeship program contribution rate’ means the contribution rate that the employer is obligated to pay on behalf of its employees under the terms of a collec- tive bargaining agreement for benefits under a registered apprenticeship program under such agreement, as such rate is applied to contribution base units (as defined by section 4001(a)(11) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1301(a)(11)). ‘‘(D) ALLOCATION RULES.—The amount of collectively bargained apprenticeship program contributions allocated to qualified sick leave wages for any calendar quarter shall be the product of— ‘‘(i) the apprenticeship program contribution rate (expressed as an hourly rate), and ‘‘(ii) the number of hours for which qualified sick leave wages were provided to employees covered under the collective bargaining agreement described in subparagraph (A)(iii) during the calendar quarter. ‘‘(f) 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 without 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 allowed 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 section 2301 or section 41 which is attributable to such wages. H. R. 1319—162 ‘‘(4) ELECTION TO NOT TAKE CERTAIN WAGES INTO ACCOUNT.—This section shall not apply to so much of the quali- fied sick 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 includes 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). ‘‘(7) COORDINATION WITH CERTAIN PROGRAMS.— ‘‘(A) IN GENERAL.—This section shall not apply to so much of the qualified sick leave wages paid by an eligible employer as are taken into account as payroll costs in connection with— ‘‘(i) a covered loan under section 7(a)(37) or 7A of the Small Business Act, ‘‘(ii) a grant under section 324 of the Economic Aid to Hard-Hit Small Businesses, Non-Profits, and Venues Act, or ‘‘(iii) a restaurant revitalization grant under sec- tion 5003 of the American Rescue Plan Act of 2021. ‘‘(B) APPLICATION WHERE PPP 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 sick leave wages under this section by reason of subparagraph (A)(i) to the extent that— ‘‘(i) a covered loan of the taxpayer under section 7(a)(37) of the Small Business Act is not forgiven by reason of a decision under section 7(a)(37)(J) of such Act, or ‘‘(ii) a covered loan of the taxpayer under section 7A of the Small Business Act is not forgiven by reason of a decision under section 7A(g) of such Act. Terms used in the preceding sentence which are also used in section 7A(g) or 7(a)(37)(J) of the Small Business Act shall, when applied in connection with either such section, have the same meaning as when used in such section, respectively. ‘‘(g) REGULATIONS.—The Secretary shall prescribe such regula- tions or other guidance as may be necessary to carry out the purposes 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, H. R. 1319—163 ‘‘(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 ben- efit 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, ‘‘(6) regulations or other guidance to permit the advance- ment of the credit determined under subsection (a), and ‘‘(7) regulations or other guidance with respect to the alloca- tion, reporting, and substantiation of collectively bargained defined benefit pension plan contributions and collectively bar- gained apprenticeship program contributions. ‘‘(h) 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. ‘‘(i) TREATMENT OF DEPOSITS.—The Secretary shall waive any penalty under section 6656 for any failure to make a deposit of applicable employment taxes if the Secretary determines that such failure was due to the anticipation of the credit allowed under this section. ‘‘(j) NON-DISCRIMINATION REQUIREMENT.—No credit shall be allowed 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 allowed as a credit against applicable employment taxes for each calendar quarter an amount equal to 100 percent of the qualified family 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 family leave wages taken into account under subsection (a), plus any increases under subsection (e), with respect to any individual shall not exceed— ‘‘(A) for any day (or portion thereof) for which the individual 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 employment of all employees of the employer. ‘‘(3) REFUNDABILITY OF EXCESS CREDIT.— H. R. 1319—164 ‘‘(A) CREDIT IS REFUNDABLE.—If the amount of the credit under subsection (a) exceeds the limitation of para- graph (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 instructions provided by the Secretary, up to an amount calculated 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 employer which would be required to be paid by reason of the Emergency Family and Medical Leave Expansion Act (including the amend- ments 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 employee 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 diagnosis, or the employee is obtaining immuniza- tion related to COVID–19 or recovering from any injury, disability, illness, or condition related to such immunization’ after ‘public health emergency’, and ‘‘(ii) section 110(b) of such Act shall be applied— ‘‘(I) without regard to paragraph (1) thereof, ‘‘(II) by striking ‘after taking leave after such section for 10 days’ in paragraph (2)(A) thereof, and ‘‘(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 Expansion 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 pro- vided for a qualifying need related to a public health emer- gency (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 H. R. 1319—165 Leave Act of 1993 shall be treated as failing to meet a requirement of such Act. ‘‘(d) ALLOWANCE OF CREDIT FOR CERTAIN HEALTH PLAN EXPENSES.— ‘‘(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 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 main- tain 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 section 106(a). ‘‘(3) ALLOCATION RULES.—For purposes of this section, qualified health plan expenses shall be allocated to qualified family leave wages in such manner as the Secretary may pre- scribe. 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) ALLOWANCE OF CREDIT FOR AMOUNTS PAID UNDER CERTAIN COLLECTIVELY BARGAINED AGREEMENTS.— ‘‘(1) IN GENERAL.—The amount of the credit allowed under subsection (a) shall be increased by so much of the sum of— ‘‘(A) so much of the employer’s collectively bargained defined benefit pension plan contributions as are properly allocable to the qualified family leave wages for which such credit is so allowed, plus ‘‘(B) so much of the employer’s collectively bargained apprenticeship program contributions as are properly allo- cable to the qualified family leave wages for which such credit is so allowed. ‘‘(2) COLLECTIVELY BARGAINED DEFINED BENEFIT PENSION PLAN CONTRIBUTIONS.—For purposes of this subsection— ‘‘(A) IN GENERAL.—The term ‘collectively bargained defined benefit pension plan contributions’ has the meaning given such term under section 3131(e)(2). ‘‘(B) ALLOCATION RULES.—The amount of collectively bargained defined benefit pension plan contributions allo- cated to qualified family leave wages for any calendar quarter shall be the product of— ‘‘(i) the pension contribution rate (as defined in section 3131(e)(2)), expressed as an hourly rate, and ‘‘(ii) the number of hours for which qualified family leave wages were provided to employees covered under the collective bargaining agreement described in sec- tion 3131(e)(2)(A)(iii) during the calendar quarter. ‘‘(3) COLLECTIVELY BARGAINED APPRENTICESHIP PROGRAM CONTRIBUTIONS.—For purposes of this section— ‘‘(A) IN GENERAL.—The term ‘collectively bargained apprenticeship program contributions’ has the meaning given such term under section 3131(e)(3). H. R. 1319—166 ‘‘(B) ALLOCATION RULES.—For purposes of this section, the amount of collectively bargained apprenticeship pro- gram contributions allocated to qualified family leave wages for any calendar quarter shall be the product of— ‘‘(i) the apprenticeship contribution rate (as defined in section 3131(e)(3)), expressed as an hourly rate, and ‘‘(ii) the number of hours for which qualified family leave wages were provided to employees covered under the collective bargaining agreement described in sec- tion 3131(e)(3)(A)(iii) during the calendar quarter. ‘‘(f) 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 without 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 allowed 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 section 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 quali- fied 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— H. R. 1319—167 ‘‘(A) the date on which the original return which includes 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). ‘‘(7) COORDINATION WITH CERTAIN PROGRAMS.— ‘‘(A) IN GENERAL.—This section shall not apply to so much of the qualified family leave wages paid by an eligible employer as are taken into account as payroll costs in connection with— ‘‘(i) a covered loan under section 7(a)(37) or 7A of the Small Business Act, ‘‘(ii) a grant under section 324 of the Economic Aid to Hard-Hit Small Businesses, Non-Profits, and Venues Act, or ‘‘(iii) a restaurant revitalization grant under sec- tion 5003 of the American Rescue Plan Act of 2021. ‘‘(B) APPLICATION WHERE PPP 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 family leave wages under this section by reason of subparagraph (A)(i) to the extent that— ‘‘(i) a covered loan of the taxpayer under section 7(a)(37) of the Small Business Act is not forgiven by reason of a decision under section 7(a)(37)(J) of such Act, or ‘‘(ii) a covered loan of the taxpayer under section 7A of the Small Business Act is not forgiven by reason of a decision under section 7A(g) of such Act. Terms used in the preceding sentence which are also used in section 7A(g) or 7(a)(37)(J) of the Small Business Act shall, when applied in connection with either such section, have the same meaning as when used in such section, respectively. ‘‘(g) REGULATIONS.—The Secretary shall prescribe such regula- tions or other guidance as may be necessary to carry out the purposes 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 ben- efit 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 made by such Act), ‘‘(6) regulations or other guidance to permit the advance- ment of the credit determined under subsection (a), and ‘‘(7) regulations or other guidance with respect to the alloca- tion, reporting, and substantiation of collectively bargained H. R. 1319—168 defined benefit pension plan contributions and collectively bar- gained apprenticeship program contributions. ‘‘(h) 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. ‘‘(i) TREATMENT OF DEPOSITS.—The Secretary shall waive any penalty under section 6656 for any failure to make a deposit of applicable employment taxes if the Secretary determines that such failure was due to the anticipation of the credit allowed under this section. ‘‘(j) NON-DISCRIMINATION REQUIREMENT.—No credit shall be allowed 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 applies 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 sections 3131(f)(3) and 3132(f)(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 beginning 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 Act if— H. R. 1319—169 (i) the individual were an employee of an employer (other than himself or herself), and (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 immunization related to COVID–19 or recovering from any injury, disability, illness, or condition related to such immunization’’ after ‘‘medical diagnosis’’ in section 5102(a)(3) of such Act, and (B) by applying section 5102(b)(1) of such Act sepa- rately 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), multi- plied 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 provide) the application of this paragraph, paragraph (2)(A) shall be applied by substituting ‘‘the prior taxable year’’ for ‘‘the taxable year’’. (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 H. R. 1319—170 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 subpart 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 documenta- tion 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 indi- vidual who receives wages (as defined in section 3121(a) of the Internal Revenue Code of 1986) or compensation (as defined in section 3231(e) of such Code) paid by an employer which are required to be paid by reason of the Emergency Paid Sick Leave Act, the qualified sick leave equivalent amount otherwise determined 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 period 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 application of the provisions of this section. Such amounts shall be deter- mined 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 system had been in effect in such possession. The preceding sentence 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 H. R. 1319—171 of such possession under such system is determined by ref- erence 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 purposes 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 exposed to COVID–19 or is unable to work pending the results 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 immunization’’ after ‘‘public health emergency’’, and (B) section 110(b) of such Act shall be applied— (i) without regard to paragraph (1) thereof, and (ii) by striking ‘‘after taking leave after such sec- tion for 10 days’’ in paragraph (2)(A) thereof. H. R. 1319—172 (c) QUALIFIED FAMILY LEAVE EQUIVALENT AMOUNT.—For pur- poses of this section— (1) IN GENERAL.—The term ‘‘qualified family leave equiva- lent amount’’ means, with respect to any eligible self-employed individual, an amount equal to the product of— (A) the number of days (not to exceed 60) during the taxable year that the individual is unable to perform serv- ices 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, multiplied 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 provide) the application of this paragraph, paragraph (2)(A) shall be applied by substituting ‘‘the prior taxable year’’ for ‘‘the taxable 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 subpart 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 documenta- tion 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 indi- vidual who receives wages (as defined in section 3121(a) of the Internal Revenue Code of 1986) or compensation (as defined in section 3231(e) of such Code) paid by an employer which are required to be paid by reason of the Emergency Family and Medical Leave Expansion Act, the qualified family leave equivalent amount otherwise described in subsection (c) of this section shall be reduced (but not below zero) to the extent H. R. 1319—173 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 treated as including a reference to the amendments made by such Act. (f) APPLICATION OF SECTION.—Only days occurring during the period 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 application of the provisions of this section. Such amounts shall be deter- mined 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 system had been in effect in such possession. The preceding sentence 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 ref- erence 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 purposes 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. 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: H. R. 1319—174 ‘‘SEC. 3134. EMPLOYEE RETENTION CREDIT FOR EMPLOYERS SUBJECT 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 calendar quarter. ‘‘(b) LIMITATIONS AND REFUNDABILITY.— ‘‘(1) IN GENERAL.— ‘‘(A) 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. ‘‘(B) RECOVERY STARTUP BUSINESSES.—In the case of an eligible employer which is a recovery startup business (as defined in subsection (c)(5)), the amount of the credit allowed under subsection (a) (after application of subpara- graph (A)) for any calendar quarter shall not exceed $50,000. ‘‘(2) CREDIT LIMITED TO EMPLOYMENT TAXES.—The credit allowed 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 employees 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 para- graph (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 during the calendar quarter for which the credit is determined under subsection (a), and ‘‘(ii) with respect to any calendar quarter, for which— ‘‘(I) the operation of the trade or business described in clause (i) is fully or partially sus- pended during the calendar quarter due to orders from an appropriate governmental authority lim- iting commerce, travel, or group meetings (for commercial, social, religious, or other purposes) due to the coronavirus disease 2019 (COVID–19), ‘‘(II) the gross receipts (within the meaning of section 448(c)) of such employer for such cal- endar quarter are less than 80 percent of the gross receipts of such employer for the same calendar quarter in calendar year 2019, or H. R. 1319—175 ‘‘(III) the employer is a recovery startup busi- ness (as defined in paragraph (5)). With respect to any employer for any calendar quarter, if such employer was not in existence as of the begin- ning 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 cal- endar quarter in calendar year 2019’ for ‘the same calendar 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 pre- scribe. ‘‘(C) TAX-EXEMPT ORGANIZATIONS.—In the case of an organization 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 described 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 described in subclause (II) of such paragraph, wages paid by such eligible employer with respect to an employee during such quarter. ‘‘(B) SPECIAL RULE FOR EMPLOYERS NOT IN EXISTENCE IN 2019.—In the case of any employer that was not in H. R. 1319—176 existence in 2019, subparagraph (A) shall be applied by substituting ‘2020’ for ‘2019’ each place it appears. ‘‘(C) SEVERELY FINANCIALLY DISTRESSED EMPLOYERS.— ‘‘(i) IN GENERAL.—Notwithstanding subparagraph (A)(i), in the case of a severely financially distressed employer, the term ‘qualified wages’ means wages paid by such employer with respect to an employee during any calendar quarter. ‘‘(ii) DEFINITION.—The term ‘severely financially distressed employer’ means an eligible employer as defined in paragraph (2), determined by substituting ‘less than 10 percent’ for ‘less than 80 percent’ in subparagraph (A)(ii)(II) thereof. ‘‘(D) 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 defined 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 section 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 periods of coverage. ‘‘(5) RECOVERY STARTUP BUSINESS.—The term ‘recovery startup business’ means any employer— ‘‘(A) which began carrying on any trade or business after February 15, 2020, ‘‘(B) for which the average annual gross receipts of such employer (as determined under rules similar to the rules under section 448(c)(3)) for the 3-taxable-year period ending with the taxable year which precedes the calendar quarter for which the credit is determined under subsection (a) does not exceed $1,000,000, and ‘‘(C) which, with respect to such calendar quarter, is not described in subclause (I) or (II) of paragraph (2)(A)(ii). H. R. 1319—177 ‘‘(6) 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 employer 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 political 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), such entity shall be treated as satisfying the requirements of subsection (c)(2)(A)(i). ‘‘(g) ELECTION TO NOT TAKE CERTAIN WAGES INTO ACCOUNT.— This section shall not apply to so much of the qualified 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. ‘‘(h) COORDINATION WITH CERTAIN PROGRAMS.— ‘‘(1) IN GENERAL.—This section shall not apply to so much of the qualified wages paid by an eligible employer as are taken into account as payroll costs in connection with— ‘‘(A) a covered loan under section 7(a)(37) or 7A of the Small Business Act, ‘‘(B) a grant under section 324 of the Economic Aid to Hard-Hit Small Businesses, Non-Profits, and Venues Act, or ‘‘(C) a restaurant revitalization grant under section 5003 of the American Rescue Plan Act of 2021. ‘‘(2) APPLICATION WHERE PPP 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 decision 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 decision under section 7A(g) of such Act. Terms used in the preceding sentence which are also used in section 7A(g) or 7(a)(37)(J) of the Small Business Act shall, when applied in connection with either such section, have the same meaning as when used in such section, respectively. H. R. 1319—178 ‘‘(i) THIRD PARTY PAYORS.—Any credit allowed under this sec- tion shall be treated as a credit described in section 3511(d)(2). ‘‘(j) ADVANCE PAYMENTS.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), no advance payment of the credit under subsection (a) shall be allowed. ‘‘(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 quarter to receive an advance payment of the credit under subsection (a) for such quarter in an amount not to exceed 70 percent of the average quarterly wages paid by the employer 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 apply subparagraph (A) by substituting ‘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 existence in 2019, subparagraphs (A) and (B) shall each be applied 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- 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 imposed 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 calendar quarter shall be increased by the amount of such excess. ‘‘(k) 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. ‘‘(l) 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— H. R. 1319—179 ‘‘(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). ‘‘(m) REGULATIONS AND GUIDANCE.—The Secretary shall issue such forms, instructions, regulations, and other guidance as are necessary— ‘‘(1) to allow the advance payment of the credit under subsection (a) as provided in subsection (j)(2), subject to the limitations provided in this section, based on such information as the Secretary shall require, ‘‘(2) with respect to the application of the credit under subsection (a) to third party payors (including professional employer organizations, certified professional employer organizations, or agents under section 3504), including regula- tions or guidance allowing such payors to submit documentation necessary to substantiate the eligible employer status of employers 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 other guidance described in paragraph (2) shall require the customer to be responsible for the accounting of the credit and for any liability for improperly claimed credits and shall require the certified professional employer organization or other third party payor to accurately report such tax credits based on the information provided by the customer. ‘‘(n) 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.’’. (d) EFFECTIVE DATE.—The amendments made by this section shall apply to calendar quarters beginning after June 30, 2021. PART 7—PREMIUM TAX CREDIT SEC. 9661. IMPROVING AFFORDABILITY BY EXPANDING PREMIUM ASSISTANCE FOR CONSUMERS. (a) IN GENERAL.—Section 36B(b)(3)(A) of the Internal Revenue Code of 1986 is amended by adding at the end the following new clause: ‘‘(iii) TEMPORARY PERCENTAGES FOR 2021 AND 2022.—In the case of a taxable year beginning in 2021 or 2022— ‘‘(I) clause (ii) shall not apply for purposes of adjusting premium percentages under this subparagraph, and ‘‘(II) the following table shall be applied in lieu of the table contained in clause (i): H. R. 1319—180 ‘‘In the case of household income (expressed as a percent of poverty line) within the following income tier: The initial premium percentage is— The final premium percentage is— Up to 150.0 percent .................... 0.0 0.0 150.0 percent up to 200.0 per- cent ........................................... 0.0 2.0 200.0 percent up to 250.0 per- cent ........................................... 2.0 4.0 250.0 percent up to 300.0 per- cent ........................................... 4.0 6.0 300.0 percent up to 400.0 per- cent ........................................... 6.0 8.5 400.0 percent and higher ........... 8.5 8.5’’. (b) CONFORMING AMENDMENT.—Section 36B(c)(1) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ‘‘(E) TEMPORARY RULE FOR 2021 AND 2022.—In the case of a taxable year beginning in 2021 or 2022, subpara- graph (A) shall be applied without regard to ‘but does not exceed 400 percent’.’’. (c) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable years beginning after December 31, 2020. SEC. 9662. TEMPORARY MODIFICATION OF LIMITATIONS ON REC- ONCILIATION OF TAX CREDITS FOR COVERAGE UNDER A QUALIFIED HEALTH PLAN WITH ADVANCE PAYMENTS OF SUCH CREDIT. (a) IN GENERAL.—Section 36B(f)(2)(B) of the Internal Revenue Code of 1986 is amended by adding at the end the following new clause: ‘‘(iii) TEMPORARY MODIFICATION OF LIMITATION ON INCREASE.—In the case of any taxable year beginning in 2020, for any taxpayer who files for such taxable year an income tax return reconciling any advance payment of the credit under this section, the Secretary shall treat subparagraph (A) as not applying.’’. (b) EFFECTIVE DATE.—The amendment made by this section shall apply to taxable years beginning after December 31, 2019. SEC. 9663. APPLICATION OF PREMIUM TAX CREDIT IN CASE OF INDIVIDUALS RECEIVING UNEMPLOYMENT COMPENSA- TION DURING 2021. (a) IN GENERAL.—Section 36B of the Internal Revenue Code of 1986 is amended by redesignating subsection (g) as subsection (h) and by inserting after subsection (f) the following new sub- section: ‘‘(g) SPECIAL RULE FOR INDIVIDUALS WHO RECEIVE UNEMPLOY- MENT COMPENSATION DURING 2021.— ‘‘(1) IN GENERAL.—For purposes of this section, in the case of a taxpayer who has received, or has been approved to receive, unemployment compensation for any week beginning during 2021, for the taxable year in which such week begins— ‘‘(A) such taxpayer shall be treated as an applicable taxpayer, and H. R. 1319—181 ‘‘(B) there shall not be taken into account any house- hold income of the taxpayer in excess of 133 percent of the poverty line for a family of the size involved. ‘‘(2) UNEMPLOYMENT COMPENSATION.—For purposes of this subsection, the term ‘unemployment compensation’ has the meaning given such term in section 85(b). ‘‘(3) EVIDENCE OF UNEMPLOYMENT COMPENSATION.—For purposes of this subsection, a taxpayer shall not be treated as having received (or been approved to receive) unemployment compensation for any week unless such taxpayer provides self- attestation of, and such documentation as the Secretary shall prescribe which demonstrates, such receipt or approval. ‘‘(4) CLARIFICATION OF RULES REMAINING APPLICABLE.— ‘‘(A) JOINT RETURN REQUIREMENT.—Paragraph (1)(A) shall not affect the application of subsection (c)(1)(C). ‘‘(B) HOUSEHOLD INCOME AND AFFORDABILLITY.—Para- graph (1)(B) shall not apply to any determination of house- hold income for purposes of paragraph (2)(C)(i)(II) or (4)(C)(ii) of subsection (c)’’. (b) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable years beginning after December 31, 2020. PART 8—MISCELLANEOUS PROVISIONS SEC. 9671. REPEAL OF ELECTION TO ALLOCATE INTEREST, ETC. ON WORLDWIDE BASIS. (a) IN GENERAL.—Section 864 of the Internal Revenue Code of 1986 is amended by striking subsection (f). (b) EFFECTIVE DATE.—The amendment made by this section shall apply to taxable years beginning after December 31, 2020. SEC. 9672. TAX TREATMENT OF TARGETED EIDL ADVANCES. For purposes of the Internal Revenue Code of 1986— (1) amounts received from the Administrator of the Small Business Administration in the form of a targeted EIDL advance under section 331 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (title III of divi- sion N of Public Law 116–260) shall not be included in the gross income of the person that receives such amounts, (2) no deduction shall be denied, no tax attribute shall be reduced, and no basis increase shall be denied, by reason of the exclusion from gross income provided by paragraph (1), and (3) in the case of a partnership or S corporation that receives such amounts— (A) any amount excluded from income by reason of paragraph (1) shall be treated as tax exempt income for purposes of sections 705 and 1366 of the Internal Revenue Code of 1986, and (B) the Secretary of the Treasury (or the Secretary’s delegate) shall prescribe rules for determining a partner’s distributive share of any amount described in subparagraph (A) for purposes of section 705 of the Internal Revenue Code of 1986. SEC. 9673. TAX TREATMENT OF RESTAURANT REVITALIZATION GRANTS. For purposes of the Internal Revenue Code of 1986— H. R. 1319—182 (1) amounts received from the Administrator of the Small Business Administration in the form of a restaurant revitaliza- tion grant under section 5003 shall not be included in the gross income of the person that receives such amounts, (2) no deduction shall be denied, no tax attribute shall be reduced, and no basis increase shall be denied, by reason of the exclusion from gross income provided by paragraph (1), and (3) in the case of a partnership or S corporation that receives such amounts— (A) except as otherwise provided by the Secretary of the Treasury (or the Secretary’s delegate), any amount excluded from income by reason of paragraph (1) shall be treated as tax exempt income for purposes of sections 705 and 1366 of the Internal Revenue Code of 1986, and (B) the Secretary of the Treasury (or the Secretary’s delegate) shall prescribe rules for determining a partner’s distributive share of any amount described in subparagraph (A) for purposes of section 705 of the Internal Revenue Code of 1986. 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 ORGANIZATIONS.—A third party settlement organization shall not be required to report any information under subsection (a) with respect to third party network transactions of any participating payee if the amount which would otherwise be reported under subsection (a)(2) with respect to such transactions does not exceed $600.’’. (b) CLARIFICATION THAT REPORTING IS NOT REQUIRED ON TRANSACTIONS 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 December 31, 2021. (2) CLARIFICATION.—The amendment made by subsection (b) shall apply to transactions after the date of the enactment of this Act. SEC. 9675. MODIFICATION OF TREATMENT OF STUDENT LOAN FORGIVENESS. (a) IN GENERAL.—Section 108(f) of the Internal Revenue Code of 1986 is amended by striking paragraph (5) and inserting the following: ‘‘(5) SPECIAL RULE FOR DISCHARGES IN 2021 THROUGH 2025.— Gross income does not include any amount which (but for this subsection) would be includible in gross income by reason of the discharge (in whole or in part) after December 31, 2020, and before January 1, 2026, of— ‘‘(A) any loan provided expressly for postsecondary edu- cational expenses, regardless of whether provided through the educational institution or directly to the borrower, if such loan was made, insured, or guaranteed by— H. R. 1319—183 ‘‘(i) the United States, or an instrumentality or agency thereof, ‘‘(ii) a State, territory, or possession of the United States, or the District of Columbia, or any political subdivision thereof, or ‘‘(iii) an eligible educational institution (as defined in section 25A), ‘‘(B) any private education loan (as defined in section 140(a)(7) of the Truth in Lending Act), ‘‘(C) any loan made by any educational organization described in section 170(b)(1)(A)(ii) if such loan is made— ‘‘(i) pursuant to an agreement with any entity described in subparagraph (A) or any private education lender (as defined in section 140(a) of the Truth in Lending Act) under which the funds from which the loan was made were provided to such educational organization, or ‘‘(ii) pursuant to a program of such educational organization which is designed to encourage its stu- dents to serve in occupations with unmet needs or in areas with unmet needs and under which the serv- ices provided by the students (or former students) are for or under the direction of a governmental unit or an organization described in section 501(c)(3) and exempt from tax under section 501(a), or ‘‘(D) any loan made by an educational organization described in section 170(b)(1)(A)(ii) or by an organization exempt from tax under section 501(a) to refinance a loan to an individual to assist the individual in attending any such educational organization but only if the refinancing loan is pursuant to a program of the refinancing organiza- tion which is designed as described in subparagraph (C)(ii). The preceding sentence shall not apply to the discharge of a loan made by an organization described in subparagraph (C) or made by a private education lender (as defined in section 140(a)(7) of the Truth in Lending Act) if the discharge is on account of services performed for either such organization or for such private education lender.’’. (b) EFFECTIVE DATE.—The amendment made by this section shall apply to discharges of loans after December 31, 2020. Subtitle H—Pensions SEC. 9701. TEMPORARY DELAY OF DESIGNATION OF MULTIEMPLOYER PLANS AS IN ENDANGERED, CRITICAL, OR CRITICAL AND DECLINING STATUS. (a) IN GENERAL.—Notwithstanding the actuarial certification under section 305(b)(3) of the Employee Retirement Income Security Act of 1974 and section 432(b)(3) of the Internal Revenue Code of 1986, if a plan sponsor of a multiemployer plan elects the applica- tion of this section, then, for purposes of section 305 of such Act and section 432 of such Code— (1) the status of the plan for its first plan year beginning during the period beginning on March 1, 2020, and ending on February 28, 2021, or the next succeeding plan year (as designated by the plan sponsor in such election), shall be the H. R. 1319—184 same as the status of such plan under such sections for the plan year preceding such designated plan year, and (2) in the case of a plan which was in endangered or critical status for the plan year preceding the designated plan year described in paragraph (1), the plan shall not be required to update its plan or schedules under section 305(c)(6) of such Act and section 432(c)(6) of such Code, or section 305(e)(3)(B) of such Act and section 432(e)(3)(B) of such Code, whichever is applicable, until the plan year following the designated plan year described in paragraph (1). (b) EXCEPTION FOR PLANS BECOMING CRITICAL DURING ELEC- TION.—If— (1) an election was made under subsection (a) with respect to a multiemployer plan, and (2) such plan has, without regard to such election, been certified by the plan actuary under section 305(b)(3) of the Employee Retirement Income Security Act of 1974 and section 432(b)(3) of the Internal Revenue Code of 1986 to be in critical status for the designated plan year described in subsection (a)(1), then such plan shall be treated as a plan in critical status for such plan year for purposes of applying section 4971(g)(1)(A) of such Code, section 302(b)(3) of such Act (with- out regard to the second sentence thereof), and section 412(b)(3) of such Code (without regard to the second sentence thereof). (c) ELECTION AND NOTICE.— (1) ELECTION.—An election under subsection (a)— (A) shall be made at such time and in such manner as the Secretary of the Treasury or the Secretary’s delegate may prescribe and, once made, may be revoked only with the consent of the Secretary, and (B) if made— (i) before the date the annual certification is sub- mitted to the Secretary or the Secretary’s delegate under section 305(b)(3) of such Act and section 432(b)(3) of such Code, shall be included with such annual certification, and (ii) after such date, shall be submitted to the Sec- retary or the Secretary’s delegate not later than 30 days after the date of the election. (2) NOTICE TO PARTICIPANTS.— (A) IN GENERAL.—Notwithstanding section 305(b)(3)(D) of the Employee Retirement Income Security Act of 1974 and section 432(b)(3)(D) of the Internal Revenue Code of 1986, if, by reason of an election made under subsection (a), the plan is in neither endangered nor critical status— (i) the plan sponsor of a multiemployer plan shall not be required to provide notice under such sections, and (ii) the plan sponsor shall provide to the partici- pants and beneficiaries, the bargaining parties, the Pension Benefit Guaranty Corporation, and the Sec- retary of Labor a notice of the election under subsection (a) and such other information as the Secretary of the Treasury (in consultation with the Secretary of Labor) may require— (I) if the election is made before the date the annual certification is submitted to the Secretary H. R. 1319—185 or the Secretary’s delegate under section 305(b)(3) of such Act and section 432(b)(3) of such Code, not later than 30 days after the date of the certifi- cation, and (II) if the election is made after such date, not later than 30 days after the date of the election. (B) NOTICE OF ENDANGERED STATUS.—Notwithstanding section 305(b)(3)(D) of such Act and section 432(b)(3)(D) of such Code, if the plan is certified to be in critical status for any plan year but is in endangered status by reason of an election made under subsection (a), the notice pro- vided under such sections shall be the notice which would have been provided if the plan had been certified to be in endangered status. SEC. 9702. TEMPORARY EXTENSION OF THE FUNDING IMPROVEMENT AND REHABILITATION PERIODS FOR MULTIEMPLOYER PENSION PLANS IN CRITICAL AND ENDANGERED STATUS FOR 2020 OR 2021. (a) IN GENERAL.—If the plan sponsor of a multiemployer plan which is in endangered or critical status for a plan year beginning in 2020 or 2021 (determined after application of section 9701) elects the application of this section, then, for purposes of section 305 of the Employee Retirement Income Security Act of 1974 and section 432 of the Internal Revenue Code of 1986, the plan’s funding improvement period or rehabilitation period, whichever is applicable, shall be extended by 5 years. (b) DEFINITIONS AND SPECIAL RULES.—For purposes of this section— (1) ELECTION.—An election under this section shall be made at such time, and in such manner and form, as (in consultation with the Secretary of Labor) the Secretary of the Treasury or the Secretary’s delegate may prescribe. (2) DEFINITIONS.—Any term which is used in this section which is also used in section 305 of the Employee Retirement Income Security Act of 1974 and section 432 of the Internal Revenue Code of 1986 shall have the same meaning as when used in such sections. (c) EFFECTIVE DATE.—This section shall apply to plan years beginning after December 31, 2019. SEC. 9703. ADJUSTMENTS TO FUNDING STANDARD ACCOUNT RULES. (a) ADJUSTMENTS.— (1) AMENDMENT TO EMPLOYEE RETIREMENT INCOME SECU- RITY ACT OF 1974.—Section 304(b)(8) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1084(b)) is amended by adding at the end the following new subparagraph: ‘‘(F) RELIEF FOR 2020 AND 2021.—A multiemployer plan with respect to which the solvency test under subparagraph (C) is met as of February 29, 2020, may elect to apply this paragraph (without regard to whether such plan pre- viously elected the application of this paragraph)— ‘‘(i) by substituting ‘February 29, 2020’ for ‘August 31, 2008’ each place it appears in subparagraphs (A)(i), (B)(i)(I), and (B)(i)(II), ‘‘(ii) by inserting ‘and other losses related to the virus SARS–CoV–2 or coronavirus disease 2019 (COVID–19) (including experience losses related to H. R. 1319—186 reductions in contributions, reductions in employment, and deviations from anticipated retirement rates, as determined by the plan sponsor)’ after ‘net investment losses’ in subparagraph (A)(i), and ‘‘(iii) by substituting ‘this subparagraph or subparagraph (A)’ for ‘this subparagraph and subpara- graph (A) both’ in subparagraph (B)(iii). The preceding sentence shall not apply to a plan to which special financial assistance is granted under section 4262. For purposes of the application of this subparagraph, the Secretary of the Treasury shall rely on the plan sponsor’s calculations of plan losses unless such calculations are clearly erroneous.’’. (2) AMENDMENT TO INTERNAL REVENUE CODE OF 1986.— Section 431(b)(8) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ‘‘(F) RELIEF FOR 2020 AND 2021.—A multiemployer plan with respect to which the solvency test under subparagraph (C) is met as of February 29, 2020, may elect to apply this paragraph (without regard to whether such plan pre- viously elected the application of this paragraph)— ‘‘(i) by substituting ‘February 29, 2020’ for ‘August 31, 2008’ each place it appears in subparagraphs (A)(i), (B)(i)(I), and (B)(i)(II), ‘‘(ii) by inserting ‘and other losses related to the virus SARS–CoV–2 or coronavirus disease 2019 (COVID–19) (including experience losses related to reductions in contributions, reductions in employment, and deviations from anticipated retirement rates, as determined by the plan sponsor)’ after ‘net investment losses’ in subparagraph (A)(i), and ‘‘(iii) by substituting ‘this subparagraph or subparagraph (A)’ for ‘this subparagraph and subpara- graph (A) both’ in subparagraph (B)(iii). The preceding sentence shall not apply to a plan to which special financial assistance is granted under section 4262 of the Employee Retirement Income Security Act of 1974. For purposes of the application of this subparagraph, the Secretary shall rely on the plan sponsor’s calculations of plan losses unless such calculations are clearly erroneous.’’. (b) EFFECTIVE DATES.— (1) IN GENERAL.—The amendments made by this section shall take effect as of the first day of the first plan year ending on or after February 29, 2020, except that any election a plan makes pursuant to this section that affects the plan’s funding standard account for the first plan year beginning after February 29, 2020, shall be disregarded for purposes of applying the provisions of section 305 of the Employee Retire- ment Income Security Act of 1974 and section 432 of the Internal Revenue Code of 1986 to such plan year. (2) RESTRICTIONS ON BENEFIT INCREASES.—Notwith- standing paragraph (1), the restrictions on plan amendments increasing benefits in sections 304(b)(8)(D) of such Act and 431(b)(8)(D) of such Code, as applied by the amendments made by this section, shall take effect on the date of enactment of this Act. H. R. 1319—187 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 assistance to multiemployer pension plans, as provided under sec- tion 4262, and to pay for necessary administrative and operating expenses 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 expenses 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 appro- priate, from the general fund of the Treasury, but in no case shall such transfers occur after September 30, 2030.’’. (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: ‘‘SEC. 4262. SPECIAL FINANCIAL ASSISTANCE BY THE CORPORATION. ‘‘(a) SPECIAL FINANCIAL ASSISTANCE.— ‘‘(1) IN GENERAL.—The corporation shall provide special financial 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 section 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 beginning in 2020 through 2022; ‘‘(B) a suspension of benefits has been approved with respect 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 current value of plan assets (as defined in section 3(26) of such Act) and the denominator of which is current liabilities (as defined H. R. 1319—188 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 assistance application to the minimum necessary to make a determination 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 before the date of enactment of this section. ‘‘(d) TEMPORARY PRIORITY CONSIDERATION OF APPLICATIONS.— ‘‘(1) IN GENERAL.—The corporation may specify in regula- tions or guidance under subsection (c) that, during a period no longer than the first 2 years following the date of enactment of this section, applications may not be filed by an eligible multiemployer plan unless— ‘‘(A) the eligible multiemployer plan is insolvent or is likely to become insolvent within 5 years of the date of enactment 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 assumptions 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 purposes of eligibility for special financial assistance by using the assumptions that the plan used in its most recently com- pleted certification of plan status before January 1, 2021, unless such assumptions (excluding the plan’s interest rate) are unreasonable. ‘‘(2) AMOUNT OF FINANCIAL ASSISTANCE.—In determining the amount of special financial assistance in its application, an eligible multiemployer plan shall— ‘‘(A) use the interest rate used by the plan in its most recently completed certification of plan status before H. R. 1319—189 January 1, 2021, provided that such interest rate may not exceed 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 LIMIT.—The interest rate limit for pur- poses of this subsection is the rate specified in section 303(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 multiem- ployer 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 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 the aggregate. The plan may not propose a change to the interest rate otherwise required under this subsection for eligi- bility or financial assistance amount. ‘‘(f) APPLICATION DEADLINE.—Any application by a plan for special 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 submitted 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 subsection (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 assump- tion is unreasonable, or the plan is not eligible under this section. Such notice shall specify the reasons the plan is ineligible for special financial assistance, any proposed change or assumption is unreasonable, or information is needed to complete the applica- tion. If a plan is denied assistance under this subsection, the plan may submit a revised application under this section. Any revised application 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 assump- tion is unreasonable, or the plan is not eligible under this section. Special financial assistance issued by the corporation shall be effec- tive on a date determined by the corporation, but no later than 1 year after a plan’s special financial assistance application is approved by the corporation 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.— H. R. 1319—190 ‘‘(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 requirements 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 corporation 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 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 accrued 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 assistance under this section, and taking into account the reinstatement of benefits required under sub- section (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 section 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 financial assistance occurs, for participants and beneficiaries as of such month; and ‘‘(2) provides payments equal to the amount of benefits previously 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) 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 financial assistance and any earnings on such assistance shall be segregated from other plan assets. Special financial assistance shall be invested by plans in investment-grade bonds or other investments as permitted by the corporation. H. R. 1319—191 ‘‘(m) CONDITIONS ON PLANS RECEIVING SPECIAL FINANCIAL ASSISTANCE.— ‘‘(1) IN GENERAL.—The corporation, in consultation with the Secretary of the Treasury, may impose, by regulation or other guidance, reasonable conditions on an eligible multiem- ployer plan that receives 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 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 following receipt of, special financial assistance under this sec- tion relating to— ‘‘(A) any prospective reduction in plan benefits (including benefits that may be adjusted pursuant to sec- tion 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 special 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 participants 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 receiving special financial assistance under this section that subsequently becomes insolvent will be subject to the current rules and guarantee for insolvent plans. ‘‘(6) INELIGIBILITY FOR OTHER ASSISTANCE.—An eligible multiemployer plan that receives special financial assistance under this section is not eligible to apply for a new suspension of benefits under section 305(e)(9)(G). ‘‘(n) COORDINATION WITH SECRETARY OF THE TREASURY.—In prescribing the application process for eligible multiemployer plans to receive special financial assistance under this section and reviewing applications of such plans, the corporation shall coordi- nate 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 ‘‘(B) the corporation shall consult with the Secretary of the Treasury regarding the amount of special financial assistance 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 H. R. 1319—192 5 years or as a lump sum, as required by subsection (k)(2), and any other relevant factors, as determined by the cor- poration 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 subsection (d), the corporation shall consult with the Sec- retary of the Treasury regarding any granting of priority consid- eration 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 inserting ‘‘, or’’; and (C) by adding at the end the following: ‘‘(viii) in the case of a multiemployer plan, for plan years beginning 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 section 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 2029; and ‘‘(ii) such dollar amount for plan years beginning in the preceding calendar year. 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.— H. R. 1319—193 (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 applying for or receiving special financial assistance under section 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, including 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 describe the manner in which suspended benefits will be reinstated in accordance with paragraph (2)(A) and guid- ance issued by the Secretary if the plan receives special financial assistance. ‘‘(C) AMOUNT OF FINANCIAL ASSISTANCE.— ‘‘(i) IN GENERAL.—In determining the amount of special financial assistance to be specified in its application, an eligible multiemployer plan shall— ‘‘(I) use the interest rate used by the plan in its most recently completed certification of plan status before January 1, 2021, provided that such interest rate does not exceed the interest rate limit, and ‘‘(II) for other assumptions, use the assump- tions that the plan used in its most recently com- pleted certification of plan status before January 1, 2021, unless such assumptions are unreason- able. H. R. 1319—194 ‘‘(ii) INTEREST RATE LIMIT.—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 preceding 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 unreasonable, the plan may propose in its application to change such assumptions, provided that the plan discloses 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 assist- ance under rules providing for temporary priority consider- ation, as provided in paragraph (4)(C), such plan’s applica- tion shall be submitted to the Secretary in addition to the Pension Benefit Guaranty Corporation. ‘‘(2) PLANS RECEIVING SPECIAL FINANCIAL ASSISTANCE.—In the case of an eligible multiemployer plan receiving special financial 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 Employee Retirement Income Security Act of 1974, effective as of the first month in which the effective date for the special financial assistance occurs, for participants 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 effective 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 ASSISTANCE.—Special financial assistance received by the plan may be used to make benefit payments and pay plan 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 regulations or other guidance issued by the Pension Benefit Guaranty Corporation. ‘‘(C) CONDITIONS ON PLANS RECEIVING SPECIAL FINAN- CIAL ASSISTANCE.— H. R. 1319—195 ‘‘(i) IN GENERAL.—The Pension Benefit Guaranty Corporation, in consultation with the Secretary, may impose, by regulation or other guidance, reasonable conditions on an eligible 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 expenses 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 receipt 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, removal of, and terms of contracts with, trustees, actuaries, investment managers, and other service providers, or ‘‘(III) any funding rules relating to the plan. ‘‘(D) ASSISTANCE DISREGARDED FOR CERTAIN PUR- POSES.— ‘‘(i) FUNDING STANDARDS.—Special financial assist- ance received by the plan shall not be taken into account for determining contributions required under section 431. ‘‘(ii) INSOLVENT PLANS.—If the plan becomes insol- vent within the meaning of section 418E after receiving special financial assistance, the plan shall be subject 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 inactive participants which is less than 2 to 3, or ‘‘(iv) the plan became insolvent within the meaning of section 418E after December 16, 2014, and has remained so insolvent and has not been terminated as of the date of enactment of this subsection. ‘‘(B) MODIFIED FUNDED PERCENTAGE.—For purposes of subparagraph (A)(iii), the term ‘modified funded percentage’ means the percentage equal to a fraction the numerator of which is current value of plan assets (as defined in H. R. 1319—196 section 3(26) of the Employee Retirement Income Security Act of 1974) and the denominator of which is current liabilities (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 Security Act of 1974 and reviewing applications of such plans, the Pen- sion 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 para- graph (2)(A)(ii), and any other relevant factors, as determined by such corporation in consultation with the Secretary, to ensure the amount of assistance is sufficient 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 application 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 Sec- retary regarding any granting of priority consideration to such plans.’’. SEC. 9705. EXTENDED AMORTIZATION FOR SINGLE EMPLOYER PLANS. (a) 15-YEAR AMORTIZATION UNDER THE INTERNAL REVENUE CODE OF 1986.—Section 430(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ‘‘(8) 15-YEAR AMORTIZATION.—With respect to plan years beginning after December 31, 2021 (or, at the election of the plan sponsor, plan years beginning after December 31, 2018, December 31, 2019, or December 31, 2020)— ‘‘(A) the shortfall amortization bases for all plan years preceding the first plan year beginning after December 31, 2021 (or after whichever earlier date is elected pursuant H. R. 1319—197 to this paragraph), and all shortfall amortization install- ments determined with respect to such bases, shall be reduced to zero, and ‘‘(B) subparagraphs (A) and (B) of paragraph (2) shall each be applied by substituting ‘15-plan-year period’ for ‘7-plan-year period’.’’. (b) 15-YEAR AMORTIZATION UNDER THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974.—Section 303(c) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1083(c)) is amended by adding at the end the following new paragraph: ‘‘(8) 15-YEAR AMORTIZATION.—With respect to plan years beginning after December 31, 2021 (or, at the election of the plan sponsor, plan years beginning after December 31, 2018, December 31, 2019, or December 31, 2020)— ‘‘(A) the shortfall amortization bases for all plan years preceding the first plan year beginning after December 31, 2021 (or after whichever earlier date is elected pursuant to this paragraph), and all shortfall amortization install- ments determined with respect to such bases, shall be reduced to zero, and ‘‘(B) subparagraphs (A) and (B) of paragraph (2) shall each be applied by substituting ‘15-plan-year period’ for ‘7-plan-year period’.’’. (c) EFFECTIVE DATE.—The amendments made by this section shall apply to plan years beginning after December 31, 2018. SEC. 9706. EXTENSION OF PENSION FUNDING STABILIZATION PERCENTAGES FOR SINGLE EMPLOYER PLANS. (a) AMENDMENT TO INTERNAL REVENUE CODE OF 1986.— (1) IN GENERAL.—The table contained in subclause (II) of section 430(h)(2)(C)(iv) of the Internal Revenue Code of 1986 is amended to read as follows: ‘‘If the calendar year is: The appli- cable min- imum per- centage is: The appli- cable max- imum per- centage is: Any year in the period starting in 2012 and ending in 2019 ............................. 90% 110% Any year in the period starting in 2020 and ending in 2025 ............................. 95% 105% 2026 ......................................................... 90% 110% 2027 ......................................................... 85% 115% 2028 ......................................................... 80% 120% 2029 ......................................................... 75% 125% After 2029 ............................................... 70% 130%.’’. (2) FLOOR ON 25-YEAR AVERAGES.—Subclause (I) of section 430(h)(2)(C)(iv) of such Code is amended by adding at the end the following: ‘‘Notwithstanding anything in this subclause, if the average of the first, second, or third segment rate for any 25-year period is less than 5 percent, such average shall be deemed to be 5 percent.’’. H. R. 1319—198 (b) AMENDMENTS TO EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974.— (1) IN GENERAL.—The table contained in subclause (II) of section 303(h)(2)(C)(iv) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1083(h)(2)(C)(iv)(II)) is amended to read as follows: ‘‘If the calendar year is: The appli- cable min- imum per- centage is: The appli- cable max- imum per- centage is: Any year in the period starting in 2012 and ending in 2019 ............................. 90% 110% Any year in the period starting in 2020 and ending in 2025 ............................. 95% 105% 2026 ......................................................... 90% 110% 2027 ......................................................... 85% 115% 2028 ......................................................... 80% 120% 2029 ......................................................... 75% 125% After 2029 ............................................... 70% 130%.’’. (2) FLOOR ON 25-YEAR AVERAGES.—Subclause (I) of section 303(h)(2)(C)(iv) of such Act (29 U.S.C. 1083(h)(2)(C)(iv)(I)) is amended by adding at the end the following: ‘‘Notwithstanding anything in this subclause, if the average of the first, second, or third segment rate for any 25-year period is less than 5 percent, such average shall be deemed to be 5 percent.’’. (3) CONFORMING AMENDMENTS.— (A) IN GENERAL.—Section 101(f)(2)(D) of such Act (29 U.S.C. 1021(f)(2)(D)) is amended— (i) in clause (i) by striking ‘‘and the Bipartisan Budget Act of 2015’’ both places it appears and inserting ‘‘, the Bipartisan Budget Act of 2015, and the American Rescue Plan Act of 2021’’, and (ii) in clause (ii) by striking ‘‘2023’’ and inserting ‘‘2029’’. (B) STATEMENTS.—The Secretary of Labor shall modify the statements required under subclauses (I) and (II) of section 101(f)(2)(D)(i) of such Act to conform to the amend- ments made by this section. (c) EFFECTIVE DATE.— (1) IN GENERAL.—The amendments made by this section shall apply with respect to plan years beginning after December 31, 2019. (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, 2022, either (as specified in the election)— (A) for all purposes for which such amendments apply, or (B) solely for purposes of determining the adjusted funding target attainment percentage under sections 436 of the Internal Revenue Code of 1986 and 206(g) of the H. R. 1319—199 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. SEC. 9707. MODIFICATION OF SPECIAL RULES FOR MINIMUM FUNDING STANDARDS FOR COMMUNITY NEWSPAPER PLANS. (a) AMENDMENT TO INTERNAL REVENUE CODE OF 1986.—Sub- section (m) of section 430 of the Internal Revenue Code of 1986 is amended to read as follows: ‘‘(m) SPECIAL RULES FOR COMMUNITY NEWSPAPER PLANS.— ‘‘(1) IN GENERAL.—An eligible newspaper plan sponsor of a plan under which no participant has had the participant’s accrued benefit increased (whether because of service or com- pensation) after April 2, 2019, may elect to have the alternative standards described in paragraph (4) apply to such plan. ‘‘(2) ELIGIBLE NEWSPAPER PLAN SPONSOR.—The term ‘eligible newspaper plan sponsor’ means the plan sponsor of— ‘‘(A) any community newspaper plan, or ‘‘(B) any other plan sponsored, as of April 2, 2019, by a member of the same controlled group of a plan sponsor of a community newspaper plan if such member is in the trade or business of publishing 1 or more newspapers. ‘‘(3) ELECTION.—An election under paragraph (1) shall be made at such time and in such manner as prescribed by the Secretary. Such election, once made with respect to a plan year, shall apply to all subsequent plan years unless revoked with the consent of the Secretary. ‘‘(4) ALTERNATIVE MINIMUM FUNDING STANDARDS.—The alternative standards described in this paragraph are the fol- lowing: ‘‘(A) INTEREST RATES.— ‘‘(i) IN GENERAL.—Notwithstanding subsection (h)(2)(C) and except as provided in clause (ii), the first, second, and third segment rates in effect for any month for purposes of this section shall be 8 percent. ‘‘(ii) NEW BENEFIT ACCRUALS.—Notwithstanding subsection (h)(2), for purposes of determining the funding target and normal cost of a plan for any plan year, the present value of any benefits accrued or earned under the plan for a plan year with respect to which an election under paragraph (1) is in effect shall be determined on the basis of the United States Treasury obligation yield curve for the day that is the valuation date of such plan for such plan year. ‘‘(iii) UNITED STATES TREASURY OBLIGATION YIELD CURVE.—For purposes of this subsection, the term ‘United States Treasury obligation yield curve’ means, with respect to any day, a yield curve which shall be prescribed by the Secretary for such day on interest- bearing obligations of the United States. ‘‘(B) SHORTFALL AMORTIZATION BASE.— ‘‘(i) PREVIOUS SHORTFALL AMORTIZATION BASES.— The shortfall amortization bases determined under subsection (c)(3) for all plan years preceding the first plan year to which the election under paragraph (1) H. R. 1319—200 applies (and all shortfall amortization installments determined with respect to such bases) shall be reduced to zero under rules similar to the rules of subsection (c)(6). ‘‘(ii) NEW SHORTFALL AMORTIZATION BASE.—Not- withstanding subsection (c)(3), the shortfall amortiza- tion base for the first plan year to which the election under paragraph (1) applies shall be the funding short- fall of such plan for such plan year (determined using the interest rates as modified under subparagraph (A)). ‘‘(C) DETERMINATION OF SHORTFALL AMORTIZATION INSTALLMENTS.— ‘‘(i) 30-YEAR PERIOD.—Subparagraphs (A) and (B) of subsection (c)(2) shall be applied by substituting ‘30-plan-year’ for ‘7-plan-year’ each place it appears. ‘‘(ii) NO SPECIAL ELECTION.—The election under subparagraph (D) of subsection (c)(2) shall not apply to any plan year to which the election under paragraph (1) applies. ‘‘(D) EXEMPTION FROM AT-RISK TREATMENT.—Sub- section (i) shall not apply. ‘‘(5) COMMUNITY NEWSPAPER PLAN.—For purposes of this subsection— ‘‘(A) IN GENERAL.—The term ‘community newspaper plan’ means any plan to which this section applies main- tained as of December 31, 2018, by an employer which— ‘‘(i) maintains the plan on behalf of participants and beneficiaries with respect to employment in the trade or business of publishing 1 or more newspapers which were published by the employer at any time during the 11-year period ending on December 20, 2019, ‘‘(ii)(I) is not a company the stock of which is publicly traded (on a stock exchange or in an over- the-counter market), and is not controlled, directly or indirectly, by such a company, or ‘‘(II) is controlled, directly or indirectly, during the entire 30-year period ending on December 20, 2019, by individuals who are members of the same family, and does not publish or distribute a daily newspaper that is carrier-distributed in printed form in more than 5 States, and ‘‘(iii) is controlled, directly or indirectly— ‘‘(I) by 1 or more persons residing primarily in a State in which the community newspaper has been published on newsprint or carrier-distrib- uted, ‘‘(II) during the entire 30-year period ending on December 20, 2019, by individuals who are members of the same family, ‘‘(III) by 1 or more trusts, the sole trustees of which are persons described in subclause (I) or (II), or ‘‘(IV) by a combination of persons described in subclause (I), (II), or (III). H. R. 1319—201 ‘‘(B) NEWSPAPER.—The term ‘newspaper’ does not include any newspaper (determined without regard to this subparagraph) to which any of the following apply: ‘‘(i) Is not in general circulation. ‘‘(ii) Is published (on newsprint or electronically) less frequently than 3 times per week. ‘‘(iii) Has not ever been regularly published on newsprint. ‘‘(iv) Does not have a bona fide list of paid sub- scribers. ‘‘(C) CONTROL.—A person shall be treated as controlled by another person if such other person possesses, directly or indirectly, the power to direct or cause the direction and management of such person (including the power to elect a majority of the members of the board of directors of such person) through the ownership of voting securities. ‘‘(6) CONTROLLED GROUP.—For purposes of this subsection, the term ‘controlled group’ means all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 as of December 20, 2019.’’. (b) AMENDMENT TO EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974.—Subsection (m) of section 303 of the Employee Retire- ment Income Security Act of 1974 (29 U.S.C. 1083(m)) is amended to read as follows: ‘‘(m) SPECIAL RULES FOR COMMUNITY NEWSPAPER PLANS.— ‘‘(1) IN GENERAL.—An eligible newspaper plan sponsor of a plan under which no participant has had the participant’s accrued benefit increased (whether because of service or com- pensation) after April 2, 2019, may elect to have the alternative standards described in paragraph (4) apply to such plan. ‘‘(2) ELIGIBLE NEWSPAPER PLAN SPONSOR.—The term ‘eligible newspaper plan sponsor’ means the plan sponsor of— ‘‘(A) any community newspaper plan, or ‘‘(B) any other plan sponsored, as of April 2, 2019, by a member of the same controlled group of a plan sponsor of a community newspaper plan if such member is in the trade or business of publishing 1 or more newspapers. ‘‘(3) ELECTION.—An election under paragraph (1) shall be made at such time and in such manner as prescribed by the Secretary of the Treasury. Such election, once made with respect to a plan year, shall apply to all subsequent plan years unless revoked with the consent of the Secretary of the Treasury. ‘‘(4) ALTERNATIVE MINIMUM FUNDING STANDARDS.—The alternative standards described in this paragraph are the fol- lowing: ‘‘(A) INTEREST RATES.— ‘‘(i) IN GENERAL.—Notwithstanding subsection (h)(2)(C) and except as provided in clause (ii), the first, second, and third segment rates in effect for any month for purposes of this section shall be 8 percent. ‘‘(ii) NEW BENEFIT ACCRUALS.—Notwithstanding subsection (h)(2), for purposes of determining the funding target and normal cost of a plan for any plan year, the present value of any benefits accrued or earned under the plan for a plan year with respect to which an election under paragraph (1) is in effect H. R. 1319—202 shall be determined on the basis of the United States Treasury obligation yield curve for the day that is the valuation date of such plan for such plan year. ‘‘(iii) UNITED STATES TREASURY OBLIGATION YIELD CURVE.—For purposes of this subsection, the term ‘United States Treasury obligation yield curve’ means, with respect to any day, a yield curve which shall be prescribed by the Secretary of the Treasury for such day on interest-bearing obligations of the United States. ‘‘(B) SHORTFALL AMORTIZATION BASE.— ‘‘(i) PREVIOUS SHORTFALL AMORTIZATION BASES.— The shortfall amortization bases determined under subsection (c)(3) for all plan years preceding the first plan year to which the election under paragraph (1) applies (and all shortfall amortization installments determined with respect to such bases) shall be reduced to zero under rules similar to the rules of subsection (c)(6). ‘‘(ii) NEW SHORTFALL AMORTIZATION BASE.—Not- withstanding subsection (c)(3), the shortfall amortiza- tion base for the first plan year to which the election under paragraph (1) applies shall be the funding short- fall of such plan for such plan year (determined using the interest rates as modified under subparagraph (A)). ‘‘(C) DETERMINATION OF SHORTFALL AMORTIZATION INSTALLMENTS.— ‘‘(i) 30-YEAR PERIOD.—Subparagraphs (A) and (B) of subsection (c)(2) shall be applied by substituting ‘30-plan-year’ for ‘7-plan-year’ each place it appears. ‘‘(ii) NO SPECIAL ELECTION.—The election under subparagraph (D) of subsection (c)(2) shall not apply to any plan year to which the election under paragraph (1) applies. ‘‘(D) EXEMPTION FROM AT-RISK TREATMENT.—Sub- section (i) shall not apply. ‘‘(5) COMMUNITY NEWSPAPER PLAN.—For purposes of this subsection— ‘‘(A) IN GENERAL.—The term ‘community newspaper plan’ means a plan to which this section applies maintained as of December 31, 2018, by an employer which— ‘‘(i) maintains the plan on behalf of participants and beneficiaries with respect to employment in the trade or business of publishing 1 or more newspapers which were published by the employer at any time during the 11-year period ending on December 20, 2019, ‘‘(ii)(I) is not a company the stock of which is publicly traded (on a stock exchange or in an over- the-counter market), and is not controlled, directly or indirectly, by such a company, or ‘‘(II) is controlled, directly, or indirectly, during the entire 30-year period ending on December 20, 2019, by individuals who are members of the same family, and does not publish or distribute a daily newspaper that is carrier-distributed in printed form in more than 5 States, and H. R. 1319—203 ‘‘(iii) is controlled, directly, or indirectly— ‘‘(I) by 1 or more persons residing primarily in a State in which the community newspaper has been published on newsprint or carrier-distrib- uted, ‘‘(II) during the entire 30-year period ending on December 20, 2019, by individuals who are members of the same family, ‘‘(III) by 1 or more trusts, the sole trustees of which are persons described in subclause (I) or (II), or ‘‘(IV) by a combination of persons described in subclause (I), (II), or (III). ‘‘(B) NEWSPAPER.—The term ‘newspaper’ does not include any newspaper (determined without regard to this subparagraph) to which any of the following apply: ‘‘(i) Is not in general circulation. ‘‘(ii) Is published (on newsprint or electronically) less frequently than 3 times per week. ‘‘(iii) Has not ever been regularly published on newsprint. ‘‘(iv) Does not have a bona fide list of paid sub- scribers. ‘‘(C) CONTROL.—A person shall be treated as controlled by another person if such other person possesses, directly or indirectly, the power to direct or cause the direction and management of such person (including the power to elect a majority of the members of the board of directors of such person) through the ownership of voting securities. ‘‘(6) CONTROLLED GROUP.—For purposes of this subsection, the term ‘controlled group’ means all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 of the Internal Revenue Code of 1986 as of December 20, 2019. ‘‘(7) EFFECT ON PREMIUM RATE CALCULATION.—In the case of a plan for which an election is made to apply the alternative standards described in paragraph (3), the additional premium under section 4006(a)(3)(E) shall be determined as if such elec- tion had not been made.’’. (c) EFFECTIVE DATE.—The amendments made by this section shall apply to plan years ending after December 31, 2017. SEC. 9708. EXPANSION OF LIMITATION ON EXCESSIVE EMPLOYEE REMUNERATION. Paragraph (3) of section 162(m) of the Internal Revenue Code of 1986 is amended— (1) by redesignating subparagraph (C) as subparagraph (D), (2) by striking ‘‘or’’ at the end of subparagraph (B), (3) by inserting after subparagraph (B) the following new subparagraph: ‘‘(C) in the case of taxable years beginning after December 31, 2026, such employee is among the 5 highest compensated employees for the taxable year other than any individual described in subparagraph (A) or (B), or’’, and H. R. 1319—204 (4) by striking ‘‘employee’’ in subparagraph (D), as so redesignated, and inserting ‘‘employee described in subpara- graph (A) or (B)’’. Subtitle I—Child Care for Workers SEC. 9801. CHILD CARE ASSISTANCE. (a) APPROPRIATION.— (1) IN GENERAL.—Section 418(a)(3) of the Social Security Act (42 U.S.C. 618(a)(3)) is amended to read as follows: ‘‘(3) APPROPRIATION.—For grants under this section, there are appropriated $3,550,000,000 for each fiscal year, of which— ‘‘(A) $3,375,000,000 shall be available for grants to States; ‘‘(B) $100,000,000 shall be available for grants to Indian tribes and tribal organizations; and ‘‘(C) $75,000,000 shall be available for grants to terri- tories.’’. (2) CONFORMING AMENDMENT.—Section 418(a)(2)(A) of such Act (42 U.S.C. 618(a)(2)(A)) is amended by striking ‘‘paragraph (3), and remaining after the reservation described in paragraph (4) and’’ and inserting ‘‘paragraph (3)(A),’’. (b) MODIFICATION OF STATE MATCH REQUIREMENT FOR FUNDING INCREASES IN FISCAL YEARS 2021 AND 2022.—With respect to the amounts made available by section 418(a)(3) of the Social Security Act for each of fiscal years 2021 and 2022, section 418(a)(2)(C) of such Act shall be applied and administered with respect to any State that is entitled to receive the entire amount that would be allotted to the State under section 418(a)(2)(B) of such Act for the fiscal year in the manner authorized for fiscal year 2020, as if the Federal medical assistance percentage for the State for the fiscal year were 100 percent. (c) FUNDING FOR THE TERRITORIES.—Section 418(a)(4) of such Act (42 U.S.C. 618(a)(4)) is amended to read as follows: ‘‘(4) TERRITORIES.— ‘‘(A) GRANTS.—The Secretary shall use the amounts made available by paragraph (3)(C) to make grants to the territories under this paragraph. ‘‘(B) ALLOTMENTS.—The amount described in subpara- graph (A) shall be allotted among the territories in propor- tion to their respective needs. ‘‘(C) REDISTRIBUTION.—The 1st sentence of clause (i) and clause (ii) of paragraph (2)(D) shall apply with respect to the amounts allotted to the territories under this para- graph, except that the 2nd sentence of paragraph (2)(D) shall not apply and the amounts allotted to the territories that are available for redistribution for a fiscal year shall be redistributed to each territory that applies for the addi- tional amounts, to the extent that the Secretary determines that the territory will be able to use the additional amounts to provide child care assistance, in an amount that bears the same ratio to the amount so available for redistribution as the amount allotted to the territory for the fiscal year bears to the total amount allotted to all the territories receiving redistributed funds under this paragraph for the fiscal year. H. R. 1319—205 ‘‘(D) INAPPLICABILITY OF PAYMENT LIMITATION.— Sec- tion 1108(a) shall not apply with respect to any amount paid under this paragraph. ‘‘(E) TERRITORY.—In this paragraph, the term ‘territory’ means the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Common- wealth of the Northern Mariana Islands.’’. Subtitle J—Medicaid SEC. 9811. MANDATORY COVERAGE OF COVID–19 VACCINES AND ADMINISTRATION AND TREATMENT UNDER MEDICAID. (a) COVERAGE.— (1) IN GENERAL.—Section 1905(a)(4) of the Social Security Act (42 U.S.C. 1396d(a)(4)) is amended by striking the semi- colon at the end and inserting ‘‘; and (E) during the period beginning on the date of the enactment of the American Rescue Plan Act of 2021 and ending on the last day of the first calendar quarter that begins one year after the last day of the emergency period described in section 1135(g)(1)(B), a COVID–19 vaccine and administration of the vaccine; and (F) during the period beginning on the date of the enactment of the American Rescue Plan Act of 2021 and ending on the last day of the first calendar quarter that begins one year after the last day of the emergency period described in section 1135(g)(1)(B), testing and treatments for COVID–19, including specialized equipment and therapies (including preventive therapies), and, without regard to the requirements of section 1902(a)(10)(B) (relating to comparability), in the case of an individual who is diagnosed with or presumed to have COVID– 19, during the period such individual has (or is presumed to have) COVID–19, the treatment of a condition that may seriously complicate the treatment of COVID–19, if otherwise covered under the State plan (or waiver of such plan);’’. (2) MAKING COVID–19 VACCINE AVAILABLE TO ADDITIONAL ELIGIBILITY GROUPS AND TREATMENT AVAILABLE TO CERTAIN UNINSURED.—Section 1902(a)(10) of such Act (42 U.S.C. 1396a(a)(10)) is amended in the matter following subparagraph (G)— (A) by striking ‘‘and to other conditions which may complicate pregnancy, (VIII)’’ and inserting ‘‘, medical assistance for services related to other conditions which may complicate pregnancy, and medical assistance for vac- cines described in section 1905(a)(4)(E) and the administra- tion of such vaccines during the period described in such section, (VIII)’’; (B) by inserting ‘‘and medical assistance for vaccines described in section 1905(a)(4)(E) and the administration of such vaccines during the period described in such sec- tion’’ after ‘‘(described in subsection (z)(2))’’; (C) by inserting ‘‘and medical assistance for vaccines described in section 1905(a)(4)(E) and the administration of such vaccines during the period described in such sec- tion’’ after ‘‘described in subsection (k)(1)’’; (D) by inserting ‘‘and medical assistance for vaccines described in section 1905(a)(4)(E) and the administration H. R. 1319—206 of such vaccines during the period described in such sec- tion’’ after ‘‘family planning setting’’; (E) by striking ‘‘and any visit described in section 1916(a)(2)(G) that is furnished during any such portion’’ and inserting ‘‘, any service described in section 1916(a)(2)(G) that is furnished during any such portion, any vaccine described in section 1905(a)(4)(E) (and the administration of such vaccine) that is furnished during any such portion, and testing and treatments for COVID– 19, including specialized equipment and therapies (including preventive therapies), and, in the case of an individual who is diagnosed with or presumed to have COVID–19, during the period such individual has (or is presumed to have) COVID–19, the treatment of a condition that may seriously complicate the treatment of COVID– 19, if otherwise covered under the State plan (or waiver of such plan)’’; and (F) by striking the semicolon at the end and inserting ‘‘, and (XIX) medical assistance shall be made available during the period described in section 1905(a)(4)(E) for vaccines described in such section and the administration of such vaccines, for any individual who is eligible for and receiving medical assistance under the State plan or under a waiver of such plan (other than an individual who is eligible for medical assistance consisting only of payment of premiums pursuant to subparagraph (E) or (F) or section 1933), notwithstanding any provision of this title or waiver under section 1115 impacting such individ- ual’s eligibility for medical assistance under such plan or waiver to coverage for a limited type of benefits and serv- ices that would not otherwise include coverage of a COVID– 19 vaccine and its administration;’’. (3) PROHIBITION OF COST SHARING.— (A) IN GENERAL.—Subsections (a)(2) and (b)(2) of sec- tion 1916 of the Social Security Act (42 U.S.C. 1396o) are each amended— (i) in subparagraph (F), by striking ‘‘or’’ at the end; (ii) in subparagraph (G), by striking ‘‘; and’’; and (iii) by adding at the end the following subpara- graphs: ‘‘(H) during the period beginning on the date of the enactment of this subparagraph and ending on the last day of the first calendar quarter that begins one year after the last day of the emergency period described in section 1135(g)(1)(B), a COVID–19 vaccine and the adminis- tration of such vaccine (for any individual eligible for med- ical assistance for such vaccine (and administration)); or ‘‘(I) during the period beginning on the date of the enactment of this subparagraph and ending on the last day of the first calendar quarter that begins one year after the last day of the emergency period described in section 1135(g)(1)(B), testing and treatments for COVID– 19, including specialized equipment and therapies (including preventive therapies), and, in the case of an individual who is diagnosed with or presumed to have COVID–19, during the period during which such individual H. R. 1319—207 has (or is presumed to have) COVID–19, the treatment of a condition that may seriously complicate the treatment of COVID–19, if otherwise covered under the State plan (or waiver of such plan); and’’. (B) APPLICATION TO ALTERNATIVE COST SHARING.—Sec- tion 1916A(b)(3)(B) of the Social Security Act (42 U.S.C. 1396o–1(b)(3)(B)) is amended— (i) in clause (xi), by striking ‘‘any visit’’ and inserting ‘‘any service’’; and (ii) by adding at the end the following clauses: ‘‘(xii) During the period beginning on the date of the enactment of this clause and ending on the last day of the first calendar quarter that begins one year after the last day of the emergency period described in section 1135(g)(1)(B), a COVID–19 vaccine and the administration of such vaccine (for any individual eligible for medical assistance for such vaccine (and administration)). ‘‘(xiii) During the period beginning on the date of the enactment of this clause and ending on the last day of the first calendar quarter that begins one year after the last day of the emergency period described in section 1135(g)(1)(B), testing and treat- ments for COVID–19, including specialized equipment and therapies (including preventive therapies), and, in the case of an individual who is diagnosed with or presumed to have COVID–19, during the period during which such individual has (or is presumed to have) COVID–19, the treatment of a condition that may seriously complicate the treatment of COVID– 19, if otherwise covered under the State plan (or waiver of such plan).’’. (4) INCLUSION IN THE MEDICAID DRUG REBATE PROGRAM OF COVERED OUTPATIENT DRUGS USED FOR COVID–19 TREAT- MENT.— (A) IN GENERAL.—The requirements of section 1927 of the Social Security Act (42 U.S.C. 1396r–8) shall apply to any drug or biological product to which subparagraph (F) of section 1905(a)(4) of such Act, as added by paragraph (1), applies or to which the subclause (XVIII) in the matter following subparagraph (G) of section 1902(a)(10) of such Act, as added by paragraph (2), applies that is— (i) furnished as medical assistance in accordance with section 1902(a)(10)(A) of such Act and such subparagraph (F) or subclause (XVIII) and section 1902(a)(10)(A) of such Act, as applicable, for the treat- ment, or prevention, of COVID–19, as described in such subparagraph or subclause, respectively; and (ii) a covered outpatient drug (as defined in section 1927(k) of such Act, except that, in applying paragraph (2)(A) of such section to a drug to which such subpara- graph (F) or such subclause (XVIII) applies, such drug shall be deemed a prescribed drug for purposes of section 1905(a)(12) of such Act). (B) CONFORMING AMENDMENT.—Section 1927(d)(7) of the Social Security Act (42 U.S.C. 1396r–8(d)(7)) is H. R. 1319—208 amended by adding at the end the following new subpara- graph: ‘‘(E) Drugs and biological products to which section 1905(a)(4)(F) and subclause (XVIII) in the matter following subparagraph (G) of section 1902(a)(10) apply that are furnished as medical assistance in accordance with such section or clause, respectively, for the treatment or preven- tion, of COVID–19, as described in such subparagraph or subclause, respectively, and section 1902(a)(10)(A).’’. (5) ALTERNATIVE BENEFIT PLANS.—Section 1937(b) of the Social Security Act (42 U.S.C. 1396u–7(b)) is amended by adding at the end the following new paragraph: ‘‘(8) COVID–19 VACCINES, TESTING, AND TREATMENT.—Not- withstanding the previous provisions of this section, a State may not provide for medical assistance through enrollment of an individual with benchmark coverage or benchmark- equivalent coverage under this section unless, during the period beginning on the date of the enactment of the American Rescue Plan Act of 2021 and ending on the last day of the first calendar quarter that begins one year after the last day of the emergency period described in section 1135(g)(1)(B), such coverage includes (and does not impose any deduction, cost sharing, or similar charge for)— ‘‘(A) COVID–19 vaccines and administration of the vac- cines; and ‘‘(B) testing and treatments for COVID–19, including specialized equipment and therapies (including preventive therapies), and, in the case of such an individual who is diagnosed with or presumed to have COVID–19, during the period such individual has (or is presumed to have) COVID–19, the treatment of a condition that may seriously complicate the treatment of COVID–19, if otherwise cov- ered under the State plan (or waiver of such plan).’’. (b) TEMPORARY INCREASE IN FEDERAL PAYMENTS FOR COVERAGE AND ADMINISTRATION OF COVID–19 VACCINES.—Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended— (1) in subsection (b), by striking ‘‘and (ff)’’ and inserting ‘‘(ff), and (hh)’’; (2) in subsection (ff), in the matter preceding paragraph (1), by inserting ‘‘, subject to subsection (hh)’’ after ‘‘or (z)(2)’’ and (3) by adding at the end the following new subsection: ‘‘(hh) TEMPORARY INCREASED FMAP FOR MEDICAL ASSISTANCE FOR COVERAGE AND ADMINISTRATION OF COVID–19 VACCINES.— ‘‘(1) IN GENERAL.—Notwithstanding any other provision of this title, during the period described in paragraph (2), the Federal medical assistance percentage for a State, with respect to amounts expended by the State for medical assistance for a vaccine described in subsection (a)(4)(E) (and the administra- tion of such a vaccine), shall be equal to 100 percent. ‘‘(2) PERIOD DESCRIBED.—The period described in this para- graph is the period that— ‘‘(A) begins on the first day of the first quarter begin- ning after the date of the enactment of this subsection; and H. R. 1319—209 ‘‘(B) ends on the last day of the first quarter that begins one year after the last day of the emergency period described in section 1135(g)(1)(B). ‘‘(3) EXCLUSION OF EXPENDITURES FROM TERRITORIAL CAPS.—Any payment made to a territory for expenditures for medical assistance under subsection (a)(4)(E) that are subject to the Federal medical assistance percentage specified under paragraph (1) shall not be taken into account for purposes of applying payment limits under subsections (f) and (g) of section 1108.’’. SEC. 9812. MODIFICATIONS TO CERTAIN COVERAGE UNDER MEDICAID FOR PREGNANT AND POSTPARTUM WOMEN. (a) STATE OPTION.—Section 1902(e) of the Social Security Act (42 U.S.C. 1396a(e)) is amended by adding at the end the following new paragraph: ‘‘(16) EXTENDING CERTAIN COVERAGE FOR PREGNANT AND POSTPARTUM WOMEN.— ‘‘(A) IN GENERAL.—At the option of the State, the State plan (or waiver of such State plan) may provide, that an individual who, while pregnant, is eligible for and has received medical assistance under the State plan approved under this title (or a waiver of such plan) (including during a period of retroactive eligibility under subsection (a)(34)) shall, in addition to remaining eligible under paragraph (5) for all pregnancy-related and postpartum medical assist- ance available under the State plan (or waiver) through the last day of the month in which the 60-day period (beginning on the last day of her pregnancy) ends, remain eligible under the State plan (or waiver) for medical assist- ance for the period beginning on the first day occurring after the end of such 60-day period and ending on the last day of the month in which the 12-month period (begin- ning on the last day of her pregnancy) ends. ‘‘(B) FULL BENEFITS DURING PREGNANCY AND THROUGH- OUT THE 12-MONTH POSTPARTUM PERIOD.—The medical assistance provided for a pregnant or postpartum indi- vidual by a State making an election under this paragraph, without regard to the basis on which the individual is eligible for medical assistance under the State plan (or waiver), shall— ‘‘(i) include all items and services covered under the State plan (or waiver) that are not less in amount, duration, or scope, or are determined by the Secretary to be substantially equivalent, to the medical assist- ance available for an individual described in subsection (a)(10)(A)(i); and ‘‘(ii) be provided for the individual while pregnant and during the 12-month period that begins on the last day of the individual’s pregnancy and ends on the last day of the month in which such 12-month period ends. ‘‘(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 H. R. 1319—210 applicable, shall also make the election under section 2107(e)(1)(J) of such title.’’. (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply with respect to State elections made under paragraph (16) of section 1902(e) of the Social Security Act (42 U.S.C. 1396a(e)), as added by subsection (a), during the 5-year period beginning on the 1st day of the 1st fiscal year quarter that begins one year after the date of the enactment of this Act. SEC. 9813. 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. ‘‘(a) IN GENERAL.—Notwithstanding section 1902(a)(1) (relating to Statewideness), section 1902(a)(10)(B) (relating to comparability), section 1902(a)(23)(A) (relating to freedom of choice of providers), or section 1902(a)(27) (relating to provider agreements), a State may, during the 5-year period beginning on the first day of the first fiscal year quarter that begins on or after the date that is 1 year after the date of the enactment of this section, provide medical assistance for qualifying community-based mobile crisis intervention services. ‘‘(b) QUALIFYING COMMUNITY-BASED MOBILE CRISIS INTERVEN- TION SERVICES DEFINED.—For purposes of this section, the term ‘qualifying community-based mobile crisis intervention services’ means, with respect to a State, items and services for which medical assistance is available under the State plan under this title or a waiver of such plan, that are— ‘‘(1) furnished to an individual otherwise eligible for medical assistance under the State plan (or waiver of such plan) who is— ‘‘(A) outside of a hospital or other facility setting; and ‘‘(B) experiencing a mental health or substance use disorder crisis; ‘‘(2) furnished by a multidisciplinary mobile crisis team— ‘‘(A) that includes at least 1 behavioral health care professional who is capable of conducting an assessment of the individual, in accordance with the professional’s per- mitted scope of practice under State law, and other profes- sionals or paraprofessionals with appropriate expertise in behavioral health or mental health crisis response, including nurses, social workers, peer support specialists, and others, as designated by the State through a State plan amendment (or waiver of such plan); ‘‘(B) whose members are trained in trauma-informed care, de-escalation strategies, and harm reduction; ‘‘(C) that is able to respond in a timely manner and, where appropriate, provide— ‘‘(i) screening and assessment; ‘‘(ii) stabilization and de-escalation; and ‘‘(iii) coordination with, and referrals to, health, social, and other services and supports as needed, and health services as needed; ‘‘(D) that maintains relationships with relevant community partners, including medical and behavioral H. R. 1319—211 health providers, primary care providers, community health centers, crisis respite centers, and managed care organiza- tions (if applicable); and ‘‘(E) that maintains the privacy and confidentiality of patient information consistent with Federal and State requirements; and ‘‘(3) available 24 hours per day, every day of the year. ‘‘(c) PAYMENTS.—Notwithstanding section 1905(b) or 1905(ff) and subject to subsections (y) and (z) of section 1905, during each of the first 12 fiscal quarters occurring during the period described in subsection (a) that a State meets the requirements described in subsection (d), the Federal medical assistance percentage applicable to amounts expended by the State for medical assistance for qualifying community-based mobile crisis intervention services furnished during such quarter shall be equal to 85 percent. In no case shall the application of the previous sentence result in the Federal medical assistance percentage applicable to amounts expended by a State for medical assistance for such qualifying community-based mobile crisis intervention services furnished during a quarter being less than the Federal medical assistance percentage that would apply to such amounts expended by the State for such services furnished during such quarter without application of the previous sentence. ‘‘(d) REQUIREMENTS.—The requirements described in this sub- section are the following: ‘‘(1) The State demonstrates, to the satisfaction of the Sec- retary that it will be able to support the provision of qualifying community-based mobile crisis intervention services that meet the conditions specified in subsection (b). ‘‘(2) The State provides assurances satisfactory to the Sec- retary that— ‘‘(A) any additional Federal funds received by the State for qualifying community-based mobile crisis intervention services provided under this section that are attributable to the increased Federal medical assistance percentage under subection (c) will be used to supplement, and not supplant, the level of State funds expended for such serv- ices for the fiscal year preceding the first fiscal quarter occurring during the period described in subsection (a); ‘‘(B) if the State made qualifying community-based mobile crisis intervention services available in a region of the State in such fiscal year, the State will continue to make such services available in such region under this section during each month occurring during the period described in subsection (a) for which the Federal medical assistance percentage under subsection (c) is applicable with respect to the State. ‘‘(e) FUNDING FOR STATE PLANNING GRANTS.—There is appro- priated, out of any funds in the Treasury not otherwise appro- priated, $15,000,000 to the Secretary for purposes of implementing, administering, and making planning grants to States as soon as practicable for purposes of developing a State plan amendment or section 1115, 1915(b), or 1915(c) waiver request (or an amend- ment to such a waiver) to provide qualifying community-based mobile crisis intervention services under this section, to remain available until expended.’’. H. R. 1319—212 SEC. 9814. TEMPORARY INCREASE IN FMAP FOR MEDICAL ASSISTANCE UNDER STATE MEDICAID PLANS WHICH BEGIN TO EXPEND AMOUNTS FOR CERTAIN MANDATORY INDIVID- UALS. Section 1905 of the Social Security Act (42 U.S.C. 1396d), as amended by section 9811 of this subtitle, is further amended— (1) in subsection (b), in the first sentence, by striking ‘‘and (hh)’’ and inserting ‘‘(hh), and (ii)’’; (2) in subsection (ff), by striking ‘‘subject to subsection (hh)’’ and inserting ‘‘subject to subsections (hh) and (ii)’’; and (3) by adding at the end the following new subsection: ‘‘(ii) TEMPORARY INCREASE IN FMAP FOR MEDICAL ASSISTANCE UNDER STATE MEDICAID PLANS WHICH BEGIN TO EXPEND AMOUNTS FOR CERTAIN MANDATORY INDIVIDUALS.— ‘‘(1) IN GENERAL.—For each quarter occurring during the 8-quarter period beginning with the first calendar quarter during which a qualifying State (as defined in paragraph (3)) expends amounts for all individuals described in section 1902(a)(10)(A)(i)(VIII) under the State plan (or waiver of such plan), the Federal medical assistance percentage determined under subsection (b) for such State shall, after application of any increase, if applicable, under section 6008 of the Families First Coronavirus Response Act, be increased by 5 percentage points, except for any quarter (and each subsequent quarter) during such period during which the State ceases to provide medical assistance to any such individual under the State plan (or waiver of such plan). ‘‘(2) SPECIAL APPLICATION RULES.—Any increase described in paragraph (1) (or payment made for expenditures on medical assistance that are subject to such increase)— ‘‘(A) shall not apply with respect to disproportionate share hospital payments described in section 1923; ‘‘(B) shall not be taken into account in calculating the enhanced FMAP of a State under section 2105; ‘‘(C) shall not be taken into account for purposes of part A, D, or E of title IV; and ‘‘(D) shall not be taken into account for purposes of applying payment limits under subsections (f) and (g) of section 1108. ‘‘(3) DEFINITION.—For purposes of this subsection, the term ‘qualifying State’ means a State which has not expended amounts for all individuals described in section 1902(a)(10)(A)(i)(VIII) before the date of the enactment of this subsection.’’. SEC. 9815. EXTENSION OF 100 PERCENT FEDERAL MEDICAL ASSIST- ANCE PERCENTAGE TO URBAN INDIAN HEALTH ORGANIZATIONS AND NATIVE HAWAIIAN HEALTH CARE SYSTEMS. Section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) is amended by inserting after ‘‘(as defined in section 4 of the Indian Health Care Improvement Act)’’ the following: ‘‘; for the 8 fiscal year quarters beginning with the first fiscal year quarter beginning after the date of the enactment of the American Rescue Plan Act of 2021, the Federal medical assistance percentage shall also be 100 per centum with respect to amounts expended as medical assistance for services which are received through an Urban H. R. 1319—213 Indian organization (as defined in paragraph (29) of section 4 of the Indian Health Care Improvement Act) that has a grant or contract with the Indian Health Service under title V of such Act; and, for such 8 fiscal year quarters, the Federal medical assist- ance percentage shall also be 100 per centum with respect to amounts expended as medical assistance for services which are received through a Native Hawaiian Health Center (as defined in section 12(4) of the Native Hawaiian Health Care Improvement Act) or a qualified entity (as defined in section 6(b) of such Act) that has a grant or contract with the Papa Ola Lokahi under section 8 of such Act’’. SEC. 9816. SUNSET OF LIMIT ON MAXIMUM REBATE AMOUNT FOR SINGLE SOURCE DRUGS AND INNOVATOR MULTIPLE SOURCE DRUGS. Section 1927(c)(2)(D) of the Social Security Act (42 U.S.C. 1396r–8(c)(2)(D)) is amended by inserting after ‘‘December 31, 2009,’’ the following: ‘‘and before January 1, 2024,’’. SEC. 9817. ADDITIONAL SUPPORT FOR MEDICAID HOME AND COMMU- NITY-BASED SERVICES DURING THE COVID–19 EMER- GENCY. (a) INCREASED FMAP.— (1) IN GENERAL.—Notwithstanding section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) or section 1905(ff), in the case of a State that meets the HCBS program require- ments under subsection (b), the Federal medical assistance percentage determined for the State under section 1905(b) of such Act (or, if applicable, under section 1905(ff)) and, if applicable, increased under subsection (y), (z), (aa), or (ii) of section 1905 of such Act (42 U.S.C. 1396d), section 1915(k) of such Act (42 U.S.C. 1396n(k)), or section 6008(a) of the Families First Coronavirus Response Act (Public Law 116– 127), shall be increased by 10 percentage points with respect to expenditures of the State under the State Medicaid program for home and community-based services (as defined in para- graph (2)(B)) that are provided during the HCBS program improvement period (as defined in paragraph (2)(A)). In no case may the application of the previous sentence result in the Federal medical assistance percentage determined for a State being more than 95 percent with respect to such expendi- tures. Any payment made to Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, or American Samoa for expenditures on medical assistance that are subject to the Federal medical assistance percentage increase specified under the first sentence of this paragraph shall not be taken into account for purposes of applying payment limits under sub- sections (f) and (g) of section 1108 of the Social Security Act (42 U.S.C. 1308). (2) DEFINITIONS.—In this section: (A) HCBS PROGRAM IMPROVEMENT PERIOD.—The term ‘‘HCBS program improvement period’’ means, with respect to a State, the period— (i) beginning on April 1, 2021; and (ii) ending on March 31, 2022. (B) HOME AND COMMUNITY-BASED SERVICES.—The term ‘‘home and community-based services’’ means any of the following: H. R. 1319—214 (i) Home health care services authorized under paragraph (7) of section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)). (ii) Personal care services authorized under para- graph (24) of such section. (iii) PACE services authorized under paragraph (26) of such section. (iv) Home and community-based services author- ized under subsections (b), (c), (i), (j), and (k) of section 1915 of such Act (42 U.S.C. 1396n), such services authorized under a waiver under section 1115 of such Act (42 U.S.C. 1315), and such services through cov- erage authorized under section 1937 of such Act (42 U.S.C. 1396u–7). (v) Case management services authorized under section 1905(a)(19) of the Social Security Act (42 U.S.C. 1396d(a)(19)) and section 1915(g) of such Act (42 U.S.C. 1396n(g)). (vi) Rehabilitative services, including those related to behavioral health, described in section 1905(a)(13) of such Act (42 U.S.C. 1396d(a)(13)). (vii) Such other services specified by the Secretary of Health and Human Services. (C) ELIGIBLE INDIVIDUAL.—The term ‘‘eligible indi- vidual’’ means an individual who is eligible for and enrolled for medical assistance under a State Medicaid program and includes an individual who becomes eligible for medical assistance under a State Medicaid program when removed from a waiting list. (D) MEDICAID PROGRAM.—The term ‘‘Medicaid pro- gram’’ means, with respect to a State, the State program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) (including any waiver or demonstration under such title or under section 1115 of such Act (42 U.S.C. 1315) relating to such title). (E) STATE.—The term ‘‘State’’ has the meaning given such term for purposes of title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). (b) STATE REQUIREMENTS FOR FMAP INCREASE.—As conditions for receipt of the increase under subsection (a) to the Federal medical assistance percentage determined for a State, the State shall meet each of the following requirements (referred to in sub- section (a) as the HCBS program requirements): (1) SUPPLEMENT, NOT SUPPLANT.—The State shall use the Federal funds attributable to the increase under subsection (a) to supplement, and not supplant, the level of State funds expended for home and community-based services for eligible individuals through programs in effect as of April 1, 2021. (2) REQUIRED IMPLEMENTATION OF CERTAIN ACTIVITIES.— The State shall implement, or supplement the implementation of, one or more activities to enhance, expand, or strengthen home and community-based services under the State Medicaid program. H. R. 1319—215 SEC. 9818. FUNDING FOR STATE STRIKE TEAMS FOR RESIDENT AND EMPLOYEE SAFETY IN NURSING FACILITIES. Section 1919 of the Social Security Act (42 U.S.C. 1396r) is amended by adding at the end the following new subsection: ‘‘(k) FUNDING FOR STATE STRIKE TEAMS.—In addition to amounts otherwise available, there is appropriated to the Secretary, out of any monies in the Treasury not otherwise appropriated, $250,000,000, to remain available until expended, for purposes of allocating such amount among the States (including the District of Columbia and each territory of the United States) for such a State to establish and implement a strike team that will be deployed to a nursing facility in the State with diagnosed or sus- pected cases of COVID–19 among residents or staff for the purposes of assisting with clinical care, infection control, or staffing during the emergency period described in section 1135(g)(1)(B) and the 1-year period immediately following the end of such emergency period.’’. SEC. 9819. 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 TEM- PORARY MEDICAID FMAP INCREASE.— ‘‘(i) IN GENERAL.—Notwithstanding any other provision of this subsection, for any fiscal year for which the Federal medical assistance percentage applicable to expenditures under this section is increased pursuant to section 6008 of the Families First Coronavirus Response Act, the Secretary shall recalculate the annual 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 increase 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 section 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). H. R. 1319—216 Subtitle K—Children’s Health Insurance Program SEC. 9821. MANDATORY COVERAGE OF COVID–19 VACCINES AND ADMINISTRATION AND TREATMENT UNDER CHIP. (a) COVERAGE.— (1) IN GENERAL.—Section 2103(c) of the Social Security Act (42 U.S.C. 1397cc(c)) is amended by adding at the end the following paragraph: ‘‘(11) REQUIRED COVERAGE OF COVID–19 VACCINES AND TREATMENT.—Regardless of the type of coverage elected by a State under subsection (a), the child health assistance provided for a targeted low-income child, and, in the case of a State that elects to provide pregnancy-related assistance pursuant to section 2112, the pregnancy-related assistance provided for a targeted low-income pregnant woman (as such terms are defined for purposes of such section), shall include coverage, during the period beginning on the date of the enactment of this paragraph and ending on the last day of the first calendar quarter that begins one year after the last day of the emergency period described in section 1135(g)(1)(B), of— ‘‘(A) a COVID–19 vaccine (and the administration of the vaccine); and ‘‘(B) testing and treatments for COVID–19, including specialized equipment and therapies (including preventive therapies), and, in the case of an individual who is diagnosed with or presumed to have COVID–19, during the period during which such individual has (or is pre- sumed to have) COVID–19, the treatment of a condition that may seriously complicate the treatment of COVID– 19, if otherwise covered under the State child health plan (or waiver of such plan).’’. (2) PROHIBITION OF COST SHARING.—Section 2103(e)(2) of the Social Security Act (42 U.S.C. 1397cc(e)(2)), as amended by section 6004(b)(3) of the Families First Coronavirus Response Act, is amended— (A) in the paragraph header, by inserting ‘‘A COVID– 19 VACCINE, COVID–19 TREATMENT,’’ before ‘‘OR PREGNANCY- RELATED ASSISTANCE’’; and (B) by striking ‘‘visits described in section 1916(a)(2)(G), or’’ and inserting ‘‘services described in sec- tion 1916(a)(2)(G), vaccines described in section 1916(a)(2)(H) administered during the period described in such section (and the administration of such vaccines), testing or treatments described in section 1916(a)(2)(I) fur- nished during the period described in such section, or’’. (b) TEMPORARY INCREASE IN FEDERAL PAYMENTS FOR COVERAGE AND ADMINISTRATION OF COVID–19 VACCINES.—Section 2105(c) of the Social Security Act (42 U.S.C. 1397ee(c)) is amended by adding at the end the following new paragraph: ‘‘(12) TEMPORARY ENHANCED PAYMENT FOR COVERAGE AND ADMINISTRATION OF COVID–19 VACCINES.—During the period described in section 1905(hh)(2), notwithstanding subsection (b), the enhanced FMAP for a State, with respect to payments under subsection (a) for expenditures under the State child health plan (or a waiver of such plan) for a vaccine described H. R. 1319—217 in section 1905(a)(4)(E) (and the administration of such a vac- cine), shall be equal to 100 percent.’’. (c) ADJUSTMENT OF CHIP ALLOTMENTS.—Section 2104(m) of the Social Security Act (42 U.S.C. 1397dd(m)) is amended— (1) in paragraph (2)(B), in the matter preceding clause (i), by striking ‘‘paragraphs (5) and (7)’’ and inserting ‘‘para- graphs (5), (7), and (12)’’; and (2) by adding at the end the following new paragraph: ‘‘(12) ADJUSTING ALLOTMENTS TO ACCOUNT FOR INCREASED FEDERAL PAYMENTS FOR COVERAGE AND ADMINISTRATION OF COVID–19 VACCINES.—If a State, commonwealth, or territory receives payment for a fiscal year (beginning with fiscal year 2021) under subsection (a) of section 2105 for expenditures that are subject to the enhanced FMAP specified under sub- section (c)(12) of such section, the amount of the allotment determined for the State, commonwealth, or territory under this subsection— ‘‘(A) for such fiscal year shall be increased by the projected expenditures for such year by the State, common- wealth, or territory under the State child health plan (or a waiver of such plan) for vaccines described in section 1905(a)(4)(E) (and the administration of such vaccines); and ‘‘(B) once actual expenditures are available in the sub- sequent fiscal year, the fiscal year allotment that was adjusted by the amount described in subparagraph (A) shall be adjusted on the basis of the difference between— ‘‘(i) such projected amount of expenditures described in subparagraph (A) for such fiscal year described in such subparagraph by the State, common- wealth, or territory; and ‘‘(ii) the actual amount of expenditures for such fiscal year described in subparagraph (A) by the State, commonwealth, or territory under the State child health plan (or waiver of such plan) for vaccines described in section 1905(a)(4)(E) (and the administra- tion of such vaccines).’’. SEC. 9822. MODIFICATIONS TO CERTAIN COVERAGE UNDER CHIP FOR PREGNANT AND POSTPARTUM WOMEN. (a) MODIFICATIONS TO COVERAGE.— (1) IN GENERAL.—Section 2107(e)(1) of the Social Security Act (42 U.S.C. 1397gg(e)(1)) is amended— (A) by redesignating subparagraphs (J) through (S) as subparagraphs (K) through (T), respectively; and (B) by inserting after subparagraph (I) the following new subparagraph: ‘‘(J) Paragraphs (5) and (16) of section 1902(e) (relating to the State option to provide medical assistance consisting of full benefits during pregnancy and throughout the 12- month postpartum period under title XIX), if the State provides child health assistance for targeted low-income children who are pregnant or to targeted low-income preg- nant women and the State has elected to apply such para- graph (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 H. R. 1319—218 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-income pregnant woman (as applicable) under the State child health plan or waiver).’’. (2) OPTIONAL COVERAGE OF TARGETED LOW-INCOME PREG- NANT WOMEN.—Section 2112(d)(2)(A) of the Social Security Act (42 U.S.C. 1397ll(d)(2)(A)) is amended by inserting after ‘‘60- day period’’ the following: ‘‘, or, in the case that subparagraph (A) of section 1902(e)(16) applies to the State child health plan (or waiver of such plan), pursuant to section 2107(e)(1), the 12-month period,’’. (b) EFFECTIVE DATE.—The amendments made by subsection (a), shall apply with respect to State elections made under para- graph (16) of section 1902(e) of the Social Security Act (42 U.S.C. 1396a(e)), as added by section 9812(a) of subtitle J of this title, during the 5-year period beginning on the 1st day of the 1st fiscal year quarter that begins one year after the date of the enactment of this Act. Subtitle L—Medicare SEC. 9831. FLOOR ON THE MEDICARE AREA WAGE INDEX FOR HOS- PITALS IN ALL-URBAN STATES. (a) IN GENERAL.—Section 1886(d)(3)(E) of the Social Security Act (42 U.S.C. 1395ww(d)(3)(E)) is amended— (1) in clause (i), in the first sentence, by striking ‘‘or (iii)’’ and inserting ‘‘, (iii), or (iv)’’; and (2) by adding at the end the following new clause: ‘‘(iv) FLOOR ON AREA WAGE INDEX FOR HOSPITALS IN ALL-URBAN STATES.— ‘‘(I) IN GENERAL.—For discharges occurring on or after October 1, 2021, the area wage index applicable under this subparagraph to any hospital in an all-urban State (as defined in subclause (IV)) may not be less than the minimum area wage index for the fiscal year for hospitals in that State, as established under subclause (II). ‘‘(II) MINIMUM AREA WAGE INDEX.—For pur- poses of subclause (I), the Secretary shall establish a minimum area wage index for a fiscal year for hospitals in each all-urban State using the method- ology described in section 412.64(h)(4)(vi) of title 42, Code of Federal Regulations, as in effect for fiscal year 2018. ‘‘(III) WAIVING BUDGET NEUTRALITY.—Pursu- ant to the fifth sentence of clause (i), this clause shall not be applied in a budget neutral manner. ‘‘(IV) ALL-URBAN STATE DEFINED.—In this clause, the term ‘all-urban State’ means a State in which there are no rural areas (as defined in paragraph (2)(D)) or a State in which there are no hospitals classified as rural under this section.’’. H. R. 1319—219 (b) WAIVING BUDGET NEUTRALITY.—Section 1886(d)(3)(E)(i) of the Social Security Act (42 U.S.C. 1395ww(d)(3)(E)(i)) is amended, in the fifth sentence— (1) by striking ‘‘and the amendments’’ and inserting ‘‘, the amendments’’; and (2) by inserting ‘‘, and the amendments made by section 9831(a) of the American Rescue Plan Act of 2021’’ after ‘‘Care Act’’. SEC. 9832. SECRETARIAL AUTHORITY TO TEMPORARILY WAIVE OR MODIFY APPLICATION OF CERTAIN MEDICARE REQUIRE- MENTS WITH RESPECT TO AMBULANCE SERVICES FUR- NISHED DURING CERTAIN EMERGENCY PERIODS. (a) WAIVER AUTHORITY.—Section 1135(b) of the Social Security Act (42 U.S.C. 1320b–5(b)) is amended— (1) in the first sentence— (A) in paragraph (7), by striking ‘‘and’’ at the end; (B) in paragraph (8), by striking the period at the end and inserting ‘‘; and’’; and (C) by inserting after paragraph (8) the following new paragraph: ‘‘(9) any requirement under section 1861(s)(7) or section 1834(l) that an ambulance service include the transport of an individual to the extent necessary to allow payment for ground ambulance services furnished in response to a 911 call (or the equivalent in areas without a 911 call system) in cases in which an individual would have been transported to a destination permitted under Medicare regulations (as described in section 410.40 to title 42, Code of Federal Regula- tions (or successor regulations)) but such transport did not occur as a result of community-wide emergency medical service (EMS) protocols due to the public health emergency described in subsection (g)(1)(B).’’; and (2) in the flush matter at the end, by adding at the end the following: ‘‘Ground ambulance services for which payment is made pursuant to paragraph (9) shall be paid at the base rate that would have been paid under the fee schedule estab- lished under 1834(l) (excluding any mileage payment) if the individual had been so transported and, with respect to ambu- lance services furnished by a critical access hospital or an entity described in paragraph (8) of such section, at the amount that otherwise would be paid under such paragraph.’’. (b) EMERGENCY PERIOD EXCEPTION.—Section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b–5(g)(1)(B)) is amended, in the matter preceding clause (i), by striking ‘‘subsection (b)(8)’’ and inserting ‘‘paragraphs (8) and (9) of subsection (b)’’. SEC. 9833. FUNDING FOR OFFICE OF INSPECTOR GENERAL. In addition to amounts otherwise available, there is appro- priated to the inspector general of the Department of Health and Human Services for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $5,000,000, to remain avail- able until expended, for oversight of activities supported with funds appropriated to the Department of Health and Human Services to prevent, prepare for, and respond to coronavirus 2019 or COVID– 19, domestically or internationally. H. R. 1319—220 Subtitle M—Coronavirus State and Local Fiscal Recovery Funds SEC. 9901. CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS. (a) IN GENERAL.—Title VI of the Social Security Act (42 U.S.C. 801 et seq.) is amended by adding at the end the following: ‘‘SEC. 602. CORONAVIRUS STATE FISCAL RECOVERY FUND. ‘‘(a) APPROPRIATION.—In addition to amounts otherwise avail- able, there is appropriated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated— ‘‘(1) $219,800,000,000, to remain available through December 31, 2024, for making payments under this section to States, territories, and Tribal governments to mitigate the fiscal effects stemming from the public health emergency with respect to the Coronavirus Disease (COVID–19); and ‘‘(2) $50,000,000, to remain available until expended, for the costs of the Secretary for administration of the funds estab- lished under this title. ‘‘(b) AUTHORITY TO MAKE PAYMENTS.— ‘‘(1) PAYMENTS TO TERRITORIES.— ‘‘(A) IN GENERAL.—The Secretary shall reserve $4,500,000,000 of the amount appropriated under sub- section (a)(1) to make payments to the territories. ‘‘(B) ALLOCATION.—Of the amount reserved under subparagraph (A)— ‘‘(i) 50 percent of such amount shall be allocated by the Secretary equally to each territory; and ‘‘(ii) 50 percent of such amount shall be allocated by the Secretary as an additional amount to each terri- tory in an amount which bears the same proportion to 1⁄2 of the total amount reserved under subparagraph (A) as the population of the territory bears to the total population of all such territories. ‘‘(C) PAYMENT.—The Secretary shall pay each territory the total of the amounts allocated for the territory under subparagraph (B) in accordance with paragraph (6). ‘‘(2) PAYMENTS TO TRIBAL GOVERNMENTS.— ‘‘(A) IN GENERAL.—The Secretary shall reserve $20,000,000,000 of the amount appropriated under sub- section (a)(1) to make payments to Tribal governments. ‘‘(B) ALLOCATION.—Of the amount reserved under subparagraph (A)— ‘‘(i) $1,000,000,000 shall be allocated by the Sec- retary equally among each of the Tribal governments; and ‘‘(ii) $19,000,000,000 shall be allocated by the Sec- retary to the Tribal governments in a manner deter- mined by the Secretary. ‘‘(C) PAYMENT.— The Secretary shall pay each Tribal government the total of the amounts allocated for the Tribal government under subparagraph (B) in accordance with paragraph (6). ‘‘(3) PAYMENTS TO EACH OF THE 50 STATES AND THE DISTRICT OF COLUMBIA.— H. R. 1319—221 ‘‘(A) IN GENERAL.—The Secretary shall reserve $195,300,000,000 of the amount appropriated under sub- section (a)(1) to make payments to each of the 50 States and the District of Columbia. ‘‘(B) ALLOCATIONS.—Of the amount reserved under subparagraph (A)— ‘‘(i) $25,500,000,000 of such amount shall be allo- cated by the Secretary equally among each of the 50 States and the District of Columbia; ‘‘(ii) an amount equal to $1,250,000,000 less the amount allocated for the District of Columbia pursuant to section 601(c)(6) shall be allocated by the Secretary as an additional amount to the District of Columbia; and ‘‘(iii) an amount equal to the remainder of the amount reserved under subparagraph (A) after the application of clauses (i) and (ii) of this subparagraph shall be allocated by the Secretary as an additional amount to each of the 50 States and the District of Columbia in an amount which bears the same propor- tion to such remainder as the average estimated number of seasonally-adjusted unemployed individuals (as measured by the Bureau of Labor Statistics Local Area Unemployment Statistics program) in the State or District of Columbia over the 3-month period ending with December 2020 bears to the average estimated number of seasonally-adjusted unemployed individuals in all of the 50 States and the District of Columbia over the same period. ‘‘(C) PAYMENT.— ‘‘(i) IN GENERAL.—Subject to clause (ii), the Sec- retary shall pay each of the 50 States and the District of Columbia, from the amount reserved under subpara- graph (A), the total of the amounts allocated for the State and District of Columbia under subparagraph (B) in accordance with paragraph (6). ‘‘(ii) MINIMUM PAYMENT REQUIREMENT.— ‘‘(I) IN GENERAL.—The sum of— ‘‘(aa) the total amounts allocated for 1 of the 50 States or the District of Columbia under subparagraph (B) (as determined without regard to this clause); and ‘‘(bb) the amounts allocated under section 603 to the State (for distribution by the State to nonentitlement units of local government in the State) and to metropolitan cities and counties in the State; shall not be less than the amount allocated to the State or District of Columbia for fiscal year 2020 under section 601, including any amount paid directly to a unit of local government in the State under such section. ‘‘(II) PRO RATA ADJUSTMENT.—The Secretary shall adjust on a pro rata basis the amount of the allocations for each of the 50 States and the District of Columbia determined under subpara- graph (B)(iii) (without regard to this clause) to H. R. 1319—222 the extent necessary to comply with the require- ment of subclause (I). ‘‘(4) PRO RATA ADJUSTMENT AUTHORITY.—The amounts otherwise determined for allocation and payment under para- graphs (1), (2), and (3) may be adjusted by the Secretary on a pro rata basis to the extent necessary to ensure that all available funds are allocated to States, territories, and Tribal governments in accordance with the requirements specified in each such paragraph (as applicable). ‘‘(5) POPULATION DATA.—For purposes of determining allocations for a territory under this section, the population of the territory shall be determined based on the most recent data available from the Bureau of the Census. ‘‘(6) TIMING.— ‘‘(A) STATES AND TERRITORIES.— ‘‘(i) IN GENERAL.—To the extent practicable, subject to clause (ii), with respect to each State and territory allocated a payment under this subsection, the Sec- retary shall make the payment required for the State or territory not later than 60 days after the date on which the certification required under subsection (d)(1) is provided to the Secretary. ‘‘(ii) AUTHORITY TO SPLIT PAYMENT.— ‘‘(I) IN GENERAL.—The Secretary shall have the authority to withhold payment of up to 50 percent of the amount allocated to each State and territory (other than payment of the amount allo- cated under paragraph (3)(B)(ii) to the District of Columbia) for a period of up to 12 months from the date on which the State or territory provides the certification required under subsection (d)(1). The Secretary shall exercise such authority with respect to a State or territory based on the unemployment rate in the State or territory as of such date. ‘‘(II) PAYMENT OF WITHHELD AMOUNT.—Before paying to a State or territory the remainder of an amount allocated to the State or territory (sub- ject to subclause (III)) that has been withheld by the Secretary under subclause (I), the Secretary shall require the State or territory to submit a second certification under subsection (d)(1), in addition to such other information as the Secretary may require. ‘‘(III) RECOVERY OF AMOUNTS SUBJECT TO RECOUPMENT.—If a State or territory is required under subsection (e) to repay funds for failing to comply with subsection (c), the Secretary may reduce the amount otherwise payable to the State or territory under subclause (II) by the amount that the State or territory would otherwise be required to repay under such subsection (e). ‘‘(B) TRIBAL GOVERNMENTS.—To the extent practicable, with respect to each Tribal government for which an amount is allocated under this subsection, the Secretary shall make the payment required for the Tribal government H. R. 1319—223 not later than 60 days after the date of enactment of this section. ‘‘(C) INITIAL PAYMENT TO DISTRICT OF COLUMBIA.—The Secretary shall pay the amount allocated under paragraph (3)(B)(ii) to the District of Columbia not later than 15 days after the date of enactment of this section. ‘‘(c) REQUIREMENTS.— ‘‘(1) USE OF FUNDS.—Subject to paragraph (2), and except as provided in paragraph (3), a State, territory, or Tribal government shall only use the funds provided under a payment made under this section, or transferred pursuant to section 603(c)(4), to cover costs incurred by the State, territory, or Tribal government, by December 31, 2024— ‘‘(A) to respond to the public health emergency with respect to the Coronavirus Disease 2019 (COVID–19) or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and hospi- tality; ‘‘(B) to respond to workers performing essential work during the COVID–19 public health emergency by pro- viding premium pay to eligible workers of the State, terri- tory, or Tribal government that are performing such essen- tial work, or by providing grants to eligible employers that have eligible workers who perform essential work; ‘‘(C) for the provision of government services to the extent of the reduction in revenue of such State, territory, or Tribal government due to the COVID–19 public health emergency relative to revenues collected in the most recent full fiscal year of the State, territory, or Tribal government prior to the emergency; or ‘‘(D) to make necessary investments in water, sewer, or broadband infrastructure. ‘‘(2) FURTHER RESTRICTION ON USE OF FUNDS.— ‘‘(A) IN GENERAL.—A State or territory shall not use the funds provided under this section or transferred pursu- ant to section 603(c)(4) to either directly or indirectly offset a reduction in the net tax revenue of such State or territory resulting from a change in law, regulation, or administra- tive interpretation during the covered period that reduces any tax (by providing for a reduction in a rate, a rebate, a deduction, a credit, or otherwise) or delays the imposition of any tax or tax increase. ‘‘(B) PENSION FUNDS.—No State or territory may use funds made available under this section for deposit into any pension fund. ‘‘(3) TRANSFER AUTHORITY.—A State, territory, or Tribal government receiving a payment from funds made available under this section may transfer funds to a private nonprofit organization (as that term is defined in paragraph (17) of section 401 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360(17)), a Tribal organization (as that term is defined in section 4 of the Indian Self-Determination and Edu- cation Assistance Act (25 U.S.C. 5304)), a public benefit corpora- tion involved in the transportation of passengers or cargo, or a special-purpose unit of State or local government. ‘‘(d) CERTIFICATIONS AND REPORTS.— H. R. 1319—224 ‘‘(1) IN GENERAL.—In order for a State or territory to receive a payment under this section, or a transfer of funds under section 603(c)(4), the State or territory shall provide the Sec- retary with a certification, signed by an authorized officer of such State or territory, that such State or territory requires the payment or transfer to carry out the activities specified in subsection (c) of this section and will use any payment under this section, or transfer of funds under section 603(c)(4), in compliance with subsection (c) of this section. ‘‘(2) REPORTING.—Any State, territory, or Tribal govern- ment receiving a payment under this section shall provide to the Secretary periodic reports providing a detailed accounting of— ‘‘(A) the uses of funds by such State, territory, or Tribal government, including, in the case of a State or a territory, all modifications to the State’s or territory’s tax revenue sources during the covered period; and ‘‘(B) such other information as the Secretary may require for the administration of this section. ‘‘(e) RECOUPMENT.—Any State, territory, or Tribal government that has failed to comply with subsection (c) shall be required to repay to the Secretary an amount equal to the amount of funds used in violation of such subsection, provided that, in the case of a violation of subsection (c)(2)(A), the amount the State or terri- tory shall be required to repay shall be lesser of— ‘‘(1) the amount of the applicable reduction to net tax revenue attributable to such violation; and ‘‘(2) the amount of funds received by such State or territory pursuant to a payment made under this section or a transfer made under section 603(c)(4). ‘‘(f) REGULATIONS.—The Secretary shall have the authority to issue such regulations as may be necessary or appropriate to carry out this section. ‘‘(g) DEFINITIONS.—In this section: ‘‘(1) COVERED PERIOD.—The term ‘covered period’ means, with respect to a State, territory, or Tribal government, the period that— ‘‘(A) begins on March 3, 2021; and ‘‘(B) ends on the last day of the fiscal year of such State, territory, or Tribal government in which all funds received by the State, territory, or Tribal government from a payment made under this section or a transfer made under section 603(c)(4) have been expended or returned to, or recovered by, the Secretary. ‘‘(2) ELIGIBLE WORKERS.—The term ‘eligible workers’ means those workers needed to maintain continuity of operations of essential critical infrastructure sectors and additional sectors as each Governor of a State or territory, or each Tribal govern- ment, may designate as critical to protect the health and well- being of the residents of their State, territory, or Tribal govern- ment. ‘‘(3) PREMIUM PAY.—The term ‘premium pay’ means an amount of up to $13 per hour that is paid to an eligible worker, in addition to wages or remuneration the eligible worker otherwise receives, for all work performed by the eligible worker during the COVID–19 public health emergency. Such H. R. 1319—225 amount may not exceed $25,000 with respect to any single eligible worker. ‘‘(4) SECRETARY.—The term ‘Secretary’ means the Secretary of the Treasury. ‘‘(5) STATE.—The term ‘State’ means each of the 50 States and the District of Columbia. ‘‘(6) TERRITORY.—The term ‘territory’ means the Common- wealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa. ‘‘(7) TRIBAL GOVERNMENT.—The term ‘Tribal Government’ means the recognized governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, compo- nent band, or component reservation, individually identified (including parenthetically) in the list published most recently as of the date of enactment of this Act pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131). ‘‘SEC. 603. CORONAVIRUS LOCAL FISCAL RECOVERY FUND. ‘‘(a) APPROPRIATION.—In addition to amounts otherwise avail- able, there is appropriated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $130,200,000,000, to remain available through December 31, 2024, for making payments under this section to metropolitan cities, nonentitlement units of local government, and counties to mitigate the fiscal effects stem- ming from the public health emergency with respect to the Coronavirus Disease (COVID–19). ‘‘(b) AUTHORITY TO MAKE PAYMENTS.— ‘‘(1) METROPOLITAN CITIES.— ‘‘(A) IN GENERAL.—Of the amount appropriated under subsection (a), the Secretary shall reserve $45,570,000,000 to make payments to metropolitan cities. ‘‘(B) ALLOCATION AND PAYMENT.—From the amount reserved under subparagraph (A), the Secretary shall allo- cate and, in accordance with paragraph (7), pay to each metropolitan city an amount determined for the metropoli- tan city consistent with the formula under section 106(b) of the Housing and Community Development Act of 1974 (42 U.S.C. 5306(b)), except that, in applying such formula, the Secretary shall substitute ‘all metropolitan cities’ for ‘all metropolitan areas’ each place it appears. ‘‘(2) NONENTITLEMENT UNITS OF LOCAL GOVERNMENT.— ‘‘(A) IN GENERAL.—Of the amount appropriated under subsection (a), the Secretary shall reserve $19,530,000,000 to make payments to States for distribution by the State to nonentitlement units of local government in the State. ‘‘(B) ALLOCATION AND PAYMENT.—From the amount reserved under subparagraph (A), the Secretary shall allo- cate and, in accordance with paragraph (7), pay to each State an amount which bears the same proportion to such reserved amount as the total population of 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. ‘‘(C) DISTRIBUTION TO NONENTITLEMENT UNITS OF LOCAL GOVERNMENT.— H. R. 1319—226 ‘‘(i) IN GENERAL.—Not later than 30 days after a State receives a payment under subparagraph (B), the State shall distribute to each nonentitlement unit of local government in the State an amount that bears the same proportion to the amount of such payment as the population of the nonentitlement unit of local government bears to the total population of all the nonentitlement units of local government in the State, subject to clause (iii). ‘‘(ii) DISTRIBUTION OF FUNDS.— ‘‘(I) EXTENSION FOR DISTRIBUTION.—If an authorized officer of a State required to make dis- tributions under clause (i) certifies in writing to the Secretary before the end of the 30-day distribu- tion period described in such clause that it would constitute an excessive administrative burden for the State to meet the terms of such clause with respect to 1 or more such distributions, the author- ized officer may request, and the Secretary shall grant, an extension of such period of not more than 30 days to allow the State to make such distributions in accordance with clause (i). ‘‘(II) ADDITIONAL EXTENSIONS.— ‘‘(aa) IN GENERAL.—If a State has been granted an extension to the distribution period under subclause (I) but is unable to make all the distributions required under clause (i) before the end of such period as extended, an authorized officer of the State may request an additional extension of the distribution period of not more than 30 days. The Secretary may grant a request for an additional exten- sion of such period only if— ‘‘(AA) the authorized officer making such request provides a written plan to the Secretary specifying, for each distribu- tion for which an additional extension is requested, when the State expects to make such distribution and the actions the State has taken and will take in order to make all such distributions before the end of the distribution period (as extended under subclause (I) and this subclause); and ‘‘(BB) the Secretary determines that such plan is reasonably designed to dis- tribute all such funds to nonentitlement units of local government by the end of the distribution period (as so extended). ‘‘(bb) FURTHER ADDITIONAL EXTENSIONS.— If a State granted an additional extension of the distribution period under item (aa) requires any further additional extensions of such period, the request only may be made and granted subject to the requirements speci- fied in item (aa). ‘‘(iii) CAPPED AMOUNT.—The total amount distrib- uted to a nonentitlement unit of local government H. R. 1319—227 under this paragraph may not exceed the amount equal to 75 percent of the most recent budget for the non- entitlement unit of local government as of January 27, 2020. ‘‘(iv) RETURN OF EXCESS AMOUNTS.—Any amounts not distributed to a nonentitlement unit of local govern- ment as a result of the application of clause (iii) shall be returned to the Secretary. ‘‘(D) PENALTY FOR NONCOMPLIANCE.—If, by the end of the 120-day period that begins on the date a State receives a payment from the amount allocated under subparagraph (B) or, if later, the last day of the distribution period for the State (as extended with respect to the State under subparagraph (C)(ii)), such State has failed to make all the distributions from such payment in accordance with the terms of subparagraph (C) (including any extensions of the distribution period granted in accordance with such subparagraph), an amount equal to the amount of such payment that remains undistributed as of such date shall be booked as a debt of such State owed to the Federal Government, shall be paid back from the State’s allocation provided under section 602(b)(3)(B)(iii), and shall be depos- ited into the general fund of the Treasury. ‘‘(3) COUNTIES.— ‘‘(A) AMOUNT.—From the amount appropriated under subsection (a), the Secretary shall reserve and allocate $65,100,000,000 of such amount to make payments directly to counties in an amount which bears the same proportion to the total amount reserved under this paragraph as the population of each such county bears to the total population of all such entities and shall pay such allocated amounts to such counties in accordance with paragraph (7). ‘‘(B) SPECIAL RULES.— ‘‘(i) URBAN COUNTIES.—No county that is an ‘urban county’ (as defined in section 102 of the Housing and Community Development Act of 1974 (42 U.S.C. 5302)) shall receive less than the amount the county would otherwise receive if the amount paid under this para- graph were allocated to metropolitan cities and urban counties under section 106(b) of the Housing and Community Development Act of 1974 (42 U.S.C. 5306(b)). ‘‘(ii) COUNTIES THAT ARE NOT UNITS OF GENERAL LOCAL GOVERNMENT.—In the case of an amount to be paid to a county that is not a unit of general local government, the amount shall instead be paid to the State in which such county is located, and such State shall distribute such amount to each unit of general local government within such county in an amount that bears the same proportion to the amount to be paid to such county as the population of such units of general local government bears to the total population of such county. ‘‘(iii) DISTRICT OF COLUMBIA.—For purposes of this paragraph, the District of Columbia shall be considered to consist of a single county that is a unit of general local government. H. R. 1319—228 ‘‘(4) CONSOLIDATED GOVERNMENTS.—A unit of general local government that has formed a consolidated government, or that is geographically contained (in full or in part) within the boundaries of another unit of general local government may receive a distribution under each of paragraphs (1), (2), and (3), as applicable, based on the respective formulas specified in such paragraphs. ‘‘(5) PRO RATA ADJUSTMENT AUTHORITY.—The amounts otherwise determined for allocation and payment under para- graphs (1), (2), and (3) may be adjusted by the Secretary on a pro rata basis to the extent necessary to ensure that all available funds are distributed to metropolitan cities, counties, and States in accordance with the requirements specified in each paragraph (as applicable) and the certification require- ment specified in subsection (d). ‘‘(6) POPULATION.—For purposes of determining allocations under this section, the population of an entity shall be deter- mined based on the most recent data are available from the Bureau of the Census or, if not available, from such other data as a State determines appropriate. ‘‘(7) TIMING.— ‘‘(A) FIRST TRANCHE AMOUNT.—To the extent prac- ticable, with respect to each metropolitan city for which an amount is allocated under paragraph (1), each State for which an amount is allocated under paragraph (2) for distribution to nonentitlement units of local government, and each county for which an amount is allocated under paragraph (3), the Secretary shall pay from such allocation the First Tranche Amount for such city, State, or county not later than 60 days after the date of enactment of this section. ‘‘(B) SECOND TRANCHE AMOUNT.—The Secretary shall pay to each metropolitan city for which an amount is allocated under paragraph (1), each State for which an amount is allocated under paragraph (2) for distribution to nonentitlement units of local government, and each county for which an amount is allocated under paragraph (3), the Second Tranche Amount for such city, State, or county not earlier than 12 months after the date on which the First Tranche Amount is paid to the city, State, or county. ‘‘(c) REQUIREMENTS.— ‘‘(1) USE OF FUNDS.—Subject to paragraph (2), and except as provided in paragraphs (3) and (4), a metropolitan city, nonentitlement unit of local government, or county shall only use the funds provided under a payment made under this section to cover costs incurred by the metropolitan city, non- entitlement unit of local government, or county, by December 31, 2024— ‘‘(A) to respond to the public health emergency with respect to the Coronavirus Disease 2019 (COVID–19) or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and hospi- tality; H. R. 1319—229 ‘‘(B) to respond to workers performing essential work during the COVID–19 public health emergency by pro- viding premium pay to eligible workers of the metropolitan city, nonentitlement unit of local government, or county that are performing such essential work, or by providing grants to eligible employers that have eligible workers who perform essential work; ‘‘(C) for the provision of government services to the extent of the reduction in revenue of such metropolitan city, nonentitlement unit of local government, or county due to the COVID–19 public health emergency relative to revenues collected in the most recent full fiscal year of the metropolitan city, nonentitlement unit of local government, or county prior to the emergency; or ‘‘(D) to make necessary investments in water, sewer, or broadband infrastructure. ‘‘(2) PENSION FUNDS.—No metropolitan city, nonentitlement unit of local government, or county may use funds made avail- able under this section for deposit into any pension fund. ‘‘(3) TRANSFER AUTHORITY.—A metropolitan city, nonentitle- ment unit of local government, or county receiving a payment from funds made available under this section may transfer funds to a private nonprofit organization (as that term is defined in paragraph (17) of section 401 of the McKinney- Vento Homeless Assistance Act (42 U.S.C. 11360(17)), a public benefit corporation involved in the transportation of passengers or cargo, or a special-purpose unit of State or local government. ‘‘(4) TRANSFERS TO STATES.—Notwithstanding paragraph (1), a metropolitan city, nonentitlement unit of local govern- ment, 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. ‘‘(d) REPORTING.—Any metropolitan city, nonentitlement unit of local government, or county receiving funds provided under a payment made under this section shall provide to the Secretary periodic reports providing a detailed accounting of the uses of such funds by such metropolitan city, nonentitlement unit of local government, or county and including such other information as the Secretary may require for the administration of this section. ‘‘(e) RECOUPMENT.—Any metropolitan city, nonentitlement unit of local government, or county that has failed to comply with sub- section (c) shall be required to repay to the Secretary an amount equal to the amount of funds used in violation of such subsection. ‘‘(f) REGULATIONS.—The Secretary shall have the authority to issue such regulations as may be necessary or appropriate to carry out this section. ‘‘(g) DEFINITIONS.—In this section: ‘‘(1) COUNTY.—The term ‘county’ means a county, parish, or other equivalent county division (as defined by the Bureau of the Census). ‘‘(2) ELIGIBLE WORKERS.—The term ‘eligible workers’ means those workers needed to maintain continuity of operations of essential critical infrastructure sectors and additional sectors as each chief executive officer of a metropolitan city, nonentitle- ment unit of local government, or county may designate as critical to protect the health and well-being of the residents H. R. 1319—230 of their metropolitan city, nonentitlement unit of local govern- ment, or county. ‘‘(3) FIRST TRANCHE AMOUNT.—The term ‘First Tranche Amount’ means, with respect to each metropolitan city for which an amount is allocated under subsection (b)(1), each State for which an amount is allocated under subsection (b)(2) for distribution to nonentitlement units of local government, and each county for which an amount is allocated under sub- section (b)(3), 50 percent of the amount so allocated to such metropolitan city, State, or county (as applicable). ‘‘(4) METROPOLITAN CITY.—The term ‘metropolitan city’ has the meaning given that term in section 102(a)(4) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302(a)(4)) and includes cities that relinquish or defer their status as a metropolitan city for purposes of receiving allocations under section 106 of such Act (42 U.S.C. 5306) for fiscal year 2021. ‘‘(5) 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. ‘‘(6) PREMIUM PAY.—The term ‘premium pay’ has the meaning given such term in section 602(g). ‘‘(7) SECOND TRANCHE AMOUNT.—The term ‘Second Tranche Amount’ means, with respect to each metropolitan city for which an amount is allocated under subsection (b)(1), each State for which an amount is allocated under subsection (b)(2) for distribution to nonentitlement units of local government, and each county for which an amount is allocated under sub- section (b)(3), an amount not to exceed 50 percent of the amount so allocated to such metropolitan city, State, or county (as applicable). ‘‘(8) SECRETARY.—The term ‘Secretary’ means the Secretary of the Treasury. ‘‘(9) 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. ‘‘(10) UNIT OF GENERAL LOCAL GOVERNMENT.—The term ‘unit of general local government’ has the meaning given that term in section 102(a)(1) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302(a)(1)). ‘‘SEC. 604. CORONAVIRUS CAPITAL PROJECTS FUND. ‘‘(a) APPROPRIATION.—In addition to amounts otherwise avail- able, there is appropriated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $10,000,000,000, to remain available until expended, for making payments to States, territories, and Tribal governments to carry out critical capital projects directly enabling work, education, and health monitoring, including remote options, in response to the public health emergency with respect to the Coronavirus Disease (COVID–19). ‘‘(b) PAYMENTS.— ‘‘(1) MINIMUM AMOUNTS.—From the amount appropriated under subsection (a)— ‘‘(A) the Secretary shall pay $100,000,000 to each State; H. R. 1319—231 ‘‘(B) the Secretary shall pay $100,000,000 of such amount in equal shares to the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau; and ‘‘(C) the Secretary shall pay $100,000,000 of such amount in equal shares to Tribal governments and the State of Hawaii (in addition to the amount paid to the State of Hawaii under subparagraph (A)), of which— ‘‘(i) not less than $50,000 shall be paid to each Tribal government; and ‘‘(ii) not less than $50,000, and not more than $200,000, shall be paid to the State of Hawaii for the exclusive use of the Department of Hawaiian Home Lands and the Native Hawaiian Education Programs to assist Native Hawaiians in accordance with this section. ‘‘(2) REMAINING AMOUNTS.— ‘‘(A) IN GENERAL.—From the amount of the appropria- tion under subsection (a) that remains after the application of paragraph (1), the Secretary shall make payments to States based on population such that— ‘‘(i) 50 percent of such amount shall be allocated among the States based on the proportion that the population of each State bears to the population of all States; ‘‘(ii) 25 percent of such amount shall be allocated among the States based on the proportion that the number of individuals living in rural areas in each State bears to the number of individuals living in rural areas in all States; and ‘‘(iii) 25 percent of such amount shall be allocated among the States based on the proportion that the number of individuals with a household income that is below 150 percent of the poverty line applicable to a family of the size involved in each State bears to the number of such individuals in all States. ‘‘(B) DATA.—In determining the allocations to be made to each State under subparagraph (A), the Secretary of the Treasury shall use the most recent data available from the Bureau of the Census. ‘‘(c) TIMING.—The Secretary shall establish a process of applying for grants to access funding made available under section (b) not later than 60 days after enactment of this section. ‘‘(d) DEFINITIONS.—In this section: ‘‘(1) SECRETARY.—The term ‘Secretary’ means the Secretary of the Treasury. ‘‘(2) STATE.—The term ‘State’ means each of the 50 States, the District of Columbia, and Puerto Rico. ‘‘(3) TRIBAL GOVERNMENT.—The term ‘Tribal government’ has the meaning given such term in section 602(g). ‘‘SEC. 605. LOCAL ASSISTANCE AND TRIBAL CONSISTENCY FUND. ‘‘(a) APPROPRIATION.—In addition to amounts otherwise avail- able, there is appropriated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $2,000,000,000 to H. R. 1319—232 remain available until September 30, 2023, with amounts to be obligated for each of fiscal years 2022 and 2023 in accordance with subsection (b), for making payments under this section to eligible revenue sharing counties and eligible Tribal governments. ‘‘(b) AUTHORITY TO MAKE PAYMENTS.— ‘‘(1) PAYMENTS TO ELIGIBLE REVENUE SHARING COUNTIES.— For each of fiscal years 2022 and 2023, the Secretary shall reserve $750,000,000 of the total amount appropriated under subsection (a) to allocate and pay to each eligible revenue sharing county in amounts that are determined by the Sec- retary taking into account economic conditions of each eligible revenue sharing county, using measurements of poverty rates, household income, land values, and unemployment rates as well as other economic indicators, over the 20-year period ending with September 30, 2021. ‘‘(2) PAYMENTS TO ELIGIBLE TRIBAL GOVERNMENTS.—For each of fiscal years 2022 and 2023, the Secretary shall reserve $250,000,000 of the total amount appropriated under subsection (a) to allocate and pay to eligible Tribal governments in amounts that are determined by the Secretary taking into account economic conditions of each eligible Tribe. ‘‘(c) USE OF PAYMENTS.—An eligible revenue sharing county or an eligible Tribal government may use funds provided under a payment made under this section for any governmental purpose other than a lobbying activity. ‘‘(d) REPORTING REQUIREMENT.—Any eligible revenue sharing county receiving a payment under this section shall provide to the Secretary periodic reports providing a detailed accounting of the uses of fund by such eligible revenue sharing county and such other information as the Secretary may require for the administra- tion of this section. ‘‘(e) RECOUPMENT.—Any eligible revenue sharing county that has failed to submit a report required under subsection (d) or failed to comply with subsection (c), shall be required to repay to the Secretary an amount equal to— ‘‘(1) in the case of a failure to comply with subsection (c), the amount of funds used in violation of such subsection; and ‘‘(2) in the case of a failure to submit a report required under subsection (d), such amount as the Secretary determines appropriate, but not to exceed 5 percent of the amount paid to the eligible revenue sharing county under this section for all fiscal years. ‘‘(f) DEFINITIONS.—In this section: ‘‘(1) ELIGIBLE REVENUE SHARING COUNTY.—The term ‘eligible revenue sharing county’ means— ‘‘(A) a county, parish, or borough— ‘‘(i) that is independent of any other unit of local government; and ‘‘(ii) that, as determined by the Secretary, is the principal provider of government services for the area within its jurisdiction; and ‘‘(iii) for which, as determined by the Secretary, there is a negative revenue impact due to implementa- tion of a Federal program or changes to such program; and H. R. 1319—233 ‘‘(B) the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the United States Virgin Islands. ‘‘(2) ELIGIBLE TRIBAL GOVERNMENT.—The term ‘eligible Tribal government’ means the recognized governing body of an eligible Tribe. ‘‘(3) ELIGIBLE TRIBE.—The term ‘eligible Tribe’ means any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation, individ- ually identified (including parenthetically) in the list published most recently as of the date of enactment of this section pursu- ant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131). ‘‘(4) SECRETARY.—The term ‘Secretary’ means the Secretary of the Treasury.’’. (b) CONFORMING AMENDMENT.—The heading for title VI of the Social Security Act (42 U.S.C. 801 et seq.) is amended by striking ‘‘FUND’’ and inserting ‘‘, FISCAL RECOVERY, AND CRITICAL CAPITAL PROJECTS FUNDS’’. Subtitle N—Other Provisions SEC. 9911. FUNDING FOR PROVIDERS RELATING TO COVID–19. Part A of title XI of the Social Security Act (42 U.S.C. 1301 et seq.) is amended by adding at the end the following: ‘‘SEC. 1150C. FUNDING FOR PROVIDERS RELATING TO COVID–19. ‘‘(a) FUNDING.—In addition to amounts otherwise available, there is appropriated to the Secretary, for fiscal year 2021, out of any monies in the Treasury not otherwise appropriated, $8,500,000,000 for purposes of making payments to eligible health care providers for health care related expenses and lost revenues that are attributable to COVID–19. Amounts appropriated under the preceding sentence shall remain available until expended. ‘‘(b) APPLICATION REQUIREMENT.—To be eligible for a payment under this section, an eligible health care provider shall submit to the Secretary an application in such form and manner as the Secretary shall prescribe. Such application shall contain the fol- lowing: ‘‘(1) A statement justifying the need of the provider for the payment, including documentation of the health care related expenses attributable to COVID–19 and lost revenues attrib- utable to COVID–19. ‘‘(2) The tax identification number of the provider. ‘‘(3) Such assurances as the Secretary determines appro- priate that the eligible health care provider will maintain and make available such documentation and submit such reports (at such time, in such form, and containing such information as the Secretary shall prescribe) as the Secretary determines is necessary to ensure compliance with any conditions imposed by the Secretary under this section. ‘‘(4) Any other information determined appropriate by the Secretary. ‘‘(c) LIMITATION.—Payments made to an eligible health care provider under this section may not be used to reimburse any expense or loss that— ‘‘(1) has been reimbursed from another source; or H. R. 1319—234 ‘‘(2) another source is obligated to reimburse. ‘‘(d) APPLICATION OF REQUIREMENTS, RULES, AND PROCE- DURES.—The Secretary shall apply any requirements, rules, or procedures as the Secretary deems appropriate for the efficient execution of this section. ‘‘(e) DEFINITIONS.—In this section: ‘‘(1) ELIGIBLE HEALTH CARE PROVIDER.—The term ‘eligible health care provider’ means— ‘‘(A) a provider of services (as defined in section 1861(u)) or a supplier (as defined in section 1861(d)) that— ‘‘(i) is enrolled in the Medicare program under title XVIII under section 1866(j) (including temporarily enrolled during the emergency period described in sec- tion 1135(g)(1)(B) for such period); ‘‘(ii) provides diagnoses, testing, or care for individ- uals with possible or actual cases of COVID–19; and ‘‘(iii) is a rural provider or supplier; or ‘‘(B) a provider or supplier that— ‘‘(i) is enrolled with a State Medicaid plan under title XIX (or a waiver of such plan) in accordance with subsections (a)(77) and (kk) of section 1902 (including enrolled pursuant to section 1902(a)(78) or section 1932(d)(6)) or enrolled with a State child health plan under title XXI (or a waiver of such plan) in accordance with subparagraph (G) of section 2107(e)(1) (including enrolled pursuant to subparagraph (D) or (Q) of such section); ‘‘(ii) provides diagnoses, testing, or care for individ- uals with possible or actual cases of COVID–19; and ‘‘(iii) is a rural provider or supplier. ‘‘(2) HEALTH CARE RELATED EXPENSES ATTRIBUTABLE TO COVID–19.—The term ‘health care related expenses attributable to COVID–19’ means health care related expenses to prevent, prepare for, and respond to COVID–19, including the building or construction of a temporary structure, the leasing of a prop- erty, the purchase of medical supplies and equipment, including personal protective equipment and testing supplies, providing for increased workforce and training (including maintaining staff, obtaining additional staff, or both), the operation of an emergency operation center, retrofitting a facility, providing for surge capacity, and other expenses determined appropriate by the Secretary. ‘‘(3) LOST REVENUE ATTRIBUTABLE TO COVID–19.—The term ‘lost revenue attributable to COVID–19’ has the meaning given that term in the Frequently Asked Questions guidance released by the Department of Health and Human Services in June 2020, including the difference between such provider’s budgeted and actual revenue if such budget had been established and approved prior to March 27, 2020. ‘‘(4) PAYMENT.— The term ‘payment’ includes, as deter- mined appropriate by the Secretary, a pre-payment, a prospec- tive payment, a retrospective payment, or a payment through a grant or other mechanism. ‘‘(5) RURAL PROVIDER OR SUPPLIER.—The term ‘rural pro- vider or supplier’ means— ‘‘(A) a— H. R. 1319—235 ‘‘(i) provider or supplier located in a rural area (as defined in section 1886(d)(2)(D)); or ‘‘(ii) provider treated as located in a rural area pursuant to section 1886(d)(8)(E); ‘‘(B) a provider or supplier located in any other area that serves rural patients (as defined by the Secretary), which may include, but is not required to include, a metro- politan statistical area with a population of less than 500,000 (determined based on the most recently available data); ‘‘(C) a rural health clinic (as defined in section 1861(aa)(2)); ‘‘(D) a provider or supplier that furnishes home health, hospice, or long-term services and supports in an individ- ual’s home located in a rural area (as defined in section 1886(d)(2)(D)); or ‘‘(E) any other rural provider or supplier (as defined by the Secretary).’’. SEC. 9912. EXTENSION OF CUSTOMS USER FEES. (a) IN GENERAL.—Section 13031(j)(3) of the Consolidated Omni- bus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended— (1) in subparagraph (A), by striking ‘‘October 21, 2029’’ and inserting ‘‘September 30, 2030’’; and (2) in subparagraph (B)(i), by striking ‘‘October 21, 2029’’ and inserting ‘‘September 30, 2030’’. (b) RATE FOR MERCHANDISE PROCESSING FEES.—Section 503 of the United States-Korea Free Trade Agreement Implementation Act (Public Law 112–41; 19 U.S.C. 3805 note) is amended by striking ‘‘October 21, 2029’’ and inserting ‘‘September 30, 2030’’. TITLE X—COMMITTEE ON FOREIGN RELATIONS 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 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 authorities, 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 provisions of section 667 of the Foreign Assistance Act of 1961 (22 U.S.C. 2427) for necessary expenses of the United States Agency for Inter- national Development to prevent, prepare for, and respond to H. R. 1319—236 coronavirus domestically or internationally, and for other operations 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 section 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, pre- pare for, and respond to coronavirus, which shall include sup- port 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 from such virus. (b) WAIVER OF LIMITATION.—Any contribution to the Global Fund to Fight AIDS, Tuberculosis and Malaria made pursuant to subsection (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). 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 sec- tion shall not be made available for the costs of resettling refugees in the United States. H. R. 1319—237 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 INDIAN AFFAIRS SEC. 11001. INDIAN HEALTH SERVICE. (a) In addition to amounts otherwise available, there is appro- priated to the Secretary of Health and Human Services (in this section referred to as the ‘‘Secretary’’) for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $6,094,000,000, to remain available until expended, of which— (1) $5,484,000,000 shall be for carrying out the Act of August 5, 1954 (42 U.S.C. 2001 et seq.) (commonly referred to as the Transfer Act), the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.), the Indian Health Care Improvement Act (25 U.S.C. 1601 et seq.), and titles II and III of the Public Health Service Act (42 U.S.C. 201 et seq. and 241 et seq.) with respect to the Indian Health Service, of which— (A) $2,000,000,000 shall be for lost reimbursements, in accordance with section 207 of the Indian Health Care Improvement Act (25 U.S.C. 1621f); (B) $500,000,000 shall be for the provision of additional health care services, services provided through the Pur- chased/Referred Care program, and other related activities; (C) $140,000,000 shall be for information technology, telehealth infrastructure, and the Indian Health Service electronic health records system; (D) $84,000,000 shall be for maintaining operations of the Urban Indian health program, which shall be in addition to other amounts made available under this sub- section for Urban Indian organizations (as defined in sec- tion 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603)); (E) $600,000,000 shall be for necessary expenses to plan, prepare for, promote, distribute, administer, and track COVID–19 vaccines, for the purposes described in subparagraphs (F) and (G), and for other vaccine-related activities; (F) $1,500,000,000 shall be for necessary expenses to detect, diagnose, trace, and monitor COVID–19 infections, activities necessary to mitigate the spread of COVID–19, supplies necessary for such activities, for the purposes described in subparagraphs (E) and (G), and for other related activities; H. R. 1319—238 (G) $240,000,000 shall be for necessary expenses to establish, expand, and sustain a public health workforce to prevent, prepare for, and respond to COVID–19, other public health workforce-related activities, for the purposes described in subparagraphs (E) and (F), and for other related activities; and (H) $420,000,000 shall be for necessary expenses related to mental health and substance use prevention and treatment services, for the purposes described in subparagraph (C) and paragraph (2) as related to mental health and substance use prevention and treatment serv- ices, and for other related activities; (2) $600,000,000 shall be for the lease, purchase, construc- tion, alteration, renovation, or equipping of health facilities to respond to COVID–19, and for maintenance and improve- ment projects necessary to respond to COVID–19 under section 7 of the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.), the Indian Health Care Improvement Act (25 U.S.C. 1601 et seq.), and titles II and III of the Public Health Service Act (42 U.S.C. 202 et seq.) with respect to the Indian Health Service; and (3) $10,000,000 shall be for carrying out section 7 of the Act of August 5, 1954 (42 U.S.C. 2004a) for expenses relating to potable water delivery. (b) Funds appropriated by subsection (a) shall be made avail- able to restore amounts, either directly or through reimbursement, for obligations for the purposes specified in this section that were incurred to prevent, prepare for, and respond to COVID–19 during the period beginning on the date on which the public health emer- gency was declared by the Secretary on January 31, 2020, pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d) with respect to COVID–19 and ending on the date of the enactment of this Act. (c) Funds made available under subsection (a) to Tribes and Tribal organizations under the Indian Self-Determination and Edu- cation 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-Determina- tion and Education Assistance Act (25 U.S.C. 5325), and such funds shall only be used for the purposes identified in this section. SEC. 11002. BUREAU OF 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 remain 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; (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. H. R. 1319—239 (b) EXCLUSIONS FROM CALCULATION.—Funds appropriated under subsection (a) shall be excluded from the calculation of funds received 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. 11003. HOUSING ASSISTANCE AND SUPPORTIVE SERVICES PRO- GRAMS FOR NATIVE AMERICANS. (a) APPROPRIATION.—In addition to amounts otherwise avail- able, there is appropriated to the Secretary of Housing and Urban Development (in this section referred to as the ‘‘Secretary’’) for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $750,000,000, to remain available until September 30, 2025, to prevent, prepare for, and respond to coronavirus, for activities and assistance authorized under title I of the Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.), under title VIII of NAHASDA (25 U.S.C. 4221 et seq.), and under section 106(a)(1) of the Housing and Community Development Act of 1974 with respect to Indian tribes (42 U.S.C. 5306(a)(1)), which shall be made available as follows: (1) HOUSING BLOCK GRANTS.—$455,000,000 shall be avail- able for the Native American Housing Block Grants and Native Hawaiian Housing Block Grant programs, as authorized under titles I and VIII of NAHASDA, subject to the following terms and conditions: (A) FORMULA.—Of the amounts made available under this paragraph, $450,000,000 shall be for grants under title I of NAHASDA and shall be distributed according to the same funding formula used in fiscal year 2021. (B) NATIVE HAWAIIANS.—Of the amounts made avail- able under this paragraph, $5,000,000 shall be for grants under title VIII of NAHASDA. (C) USE.—Amounts made available under this para- graph shall be used by recipients to prevent, prepare for, and respond to coronavirus, including to maintain normal operations and fund eligible affordable housing activities under NAHASDA during the period that the program is impacted by coronavirus. In addition, amounts made avail- able under subparagraph (B) may be used to provide rental assistance to eligible Native Hawaiian families both on and off the Hawaiian Home Lands. (D) TIMING OF OBLIGATIONS.—Amounts made available under this paragraph shall be used, as necessary, to cover or reimburse allowable costs to prevent, prepare for, and respond to coronavirus that are incurred by a recipient, including for costs incurred after January 21, 2020. (E) WAIVERS OR ALTERNATIVE REQUIREMENTS.—The Secretary may waive or specify alternative requirements for any provision of NAHASDA (25 U.S.C. 4101 et seq.) H. R. 1319—240 or regulation applicable to the Native American Housing Block Grants or Native Hawaiian Housing 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. (F) UNOBLIGATED AMOUNTS.—Amounts made available under this paragraph which are not accepted, are volun- tarily returned, or otherwise recaptured for any reason shall be used to fund grants under paragraph (2). (2) INDIAN COMMUNITY DEVELOPMENT BLOCK GRANTS.— $280,000,000 shall be available for grants under title I of the Housing and Community Development Act of 1974, subject to the following terms and conditions: (A) USE.—Amounts made available under this para- graph shall be used for emergencies that constitute imminent threats to health and safety and are designed to prevent, prepare for, and respond to coronavirus. (B) PLANNING.—Not to exceed 20 percent of any grant made with funds made available under this paragraph shall be expended for planning and management develop- ment and administration. (C) TIMING OF OBLIGATIONS.—Amounts made available under this paragraph shall be used, as necessary, to cover or reimburse allowable costs to prevent, prepare for, and respond to coronavirus incurred by a recipient, including for costs incurred after January 21, 2020. (D) INAPPLICABILITY OF PUBLIC SERVICES CAP.—Indian tribes may use up to 100 percent of any grant from amounts made available under this paragraph for public services activities to prevent, prepare for, and respond to coronavirus. (E) WAIVERS OR ALTERNATIVE REQUIREMENTS.—The Secretary may waive or specify alternative requirements for any provision of title I of the Housing and Community Development 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. (3) TECHNICAL ASSISTANCE.—$10,000,000 shall be used to make new awards or increase prior awards to existing technical assistance providers to provide an immediate increase in training and technical assistance to Indian tribes, Indian housing authorities, tribally designated housing entities, and recipients under title VIII of NAHASDA for activities under this section. (4) OTHER COSTS.—$5,000,000 shall be used for the administrative costs to oversee and administer the implementa- tion of this section, and pay for associated information tech- nology, financial reporting, and other costs. H. R. 1319—241 SEC. 11004. COVID–19 RESPONSE RESOURCES FOR THE PRESERVATION AND MAINTENANCE OF NATIVE AMERICAN LANGUAGES. (a) Section 816 of the Native American Programs Act of 1974 (42 U.S.C. 2992d) is amended by adding at the end the following: ‘‘(f) In addition to amounts otherwise available, there is appro- priated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $20,000,000 to remain available until expended, to carry out section 803C(g) of this Act.’’. (b) Section 803C of the Native American Programs Act of 1974 (42 U.S.C. 2991b–3) is amended by adding at the end the following: ‘‘(g) EMERGENCY GRANTS FOR NATIVE AMERICAN LANGUAGE PRESERVATION AND MAINTENANCE.—Not later than 180 days after the effective date of this subsection, the Secretary shall award grants to entities eligible to receive assistance under subsection (a)(1) to ensure the survival and continuing vitality of Native Amer- ican languages during and after the public health emergency declared by the Secretary pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d) with respect to the COVID– 19 pandemic.’’. SEC. 11005. BUREAU OF INDIAN EDUCATION. In addition to amounts otherwise available, there is appro- priated to the Bureau of Indian Education for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $850,000,000, to remain available until expended, to be allocated by the Director of the Bureau of Indian Education not more than 45 calendar days after the date of enactment of this Act, for pro- grams or activities operated or funded by the Bureau of Indian Education, for Bureau-funded schools (as defined in section 1141(3) of the Education Amendments of 1978 (25 U.S.C. 2021(3)), and for Tribal Colleges or Universities (as defined in section 316(b)(3) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)(3))). SEC. 11006. AMERICAN INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION. In addition to amounts otherwise available, there is appro- priated to the Department of Education for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $190,000,000, to remain available until expended, for awards, which shall be determined by the Secretary of Education not more than 180 calendar days after the date of enactment of this Act, of which— (1) $20,000,000 shall be for awards for Tribal education agencies for activities authorized under section 6121(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7441(c)); (2) $85,000,000 shall be for awards to entities eligible to receive grants under section 6205(a)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7515(a)(1)) for activities authorized under section 6205(a)(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7515(a)(3)); and (3) $85,000,000 shall be for awards to entities eligible to receive grants under section 6304(a)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7544(a)(1)) for activities authorized under section 6304(a)(2–3) of the H. R. 1319—242 Elementary and Secondary Education Act of 1965 (20 U.S.C. 7544(a)(2–3)) and other related activities. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.