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H.R. 1319: American Rescue Plan Act of 2021


The text of the bill below is as of Feb 23, 2021 (Preprint (Rule)).


G:\OFFICE\RAMSEYER\R17\RH\2021_BUDGET_REC_PRE-REPORTED.XMLXXXXXXXXXXXXXXXXXXXXX2/23/2021 9:09XXXXXXXX03/07/2017 10:28XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX [Discussion Draft] (Original Signature of Member) [DRAFT—Showing the text of measure for the purpose of drafting page and line number amendments to the manager’s amendment]

I

Union Calendar No.

117th CONGRESS

1st Session

H. R. __

[Report No. 117–

IN THE HOUSE OF REPRESENTATIVES

February --, 2021

, 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


A BILL

To provide for reconciliation pursuant to title II of S. Con. Res. 5.


1.

Short title

This Act may be cited as the American Rescue Plan Act of 2021.

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

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 ranchers.

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.

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 maintenance 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.

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 activities.

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 activities 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 services 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 disorder 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

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 pandemic.

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

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 operations 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

Sec. 7101. Definitions.

Sec. 7102. Payroll support program.

Subtitle C—Continued assistance to rail workers

Sec. 7201. Additional enhanced benefits under the Railroad Unemployment Insurance 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 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 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 payments in States with programs in law.

Sec. 9018. Extension of temporary financing of short-time compensation agreements 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 compensation.

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.

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 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. 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 consumers.

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 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 endangered, critical, or critical and declining 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.

Sec. 9703. Adjustments to funding standard account rules.

Sec. 9704. Special financial assistance program for financially troubled multiemployer plans.

Sec. 9705. Extended amortization for single employer plans.

Sec. 9706. Extension of pension funding stabilization percentages for single employer 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.

I

Committee on Agriculture

A

Agriculture

1001.

Food Supply Chain and Agriculture Pandemic Response

(a)

Appropriation

In addition to amounts otherwise available, there is appropriated to the Secretary of Agriculture for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $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 processing vessels, farmers markets, producers, or other organizations to respond to COVID–19, including for measures to protect workers against COVID–19;

(4)

to make loans and grants and provide other assistance to maintain and improve food and agricultural supply chain resiliency; and

(5)

to make payments for necessary expenses related to losses of crops (including losses due to high winds or derechos) pursuant to title I of the Additional Supplemental Appropriations for Disaster Relief Act, 2019 (Public Law 116–20), as amended by section 116 of the Continuing Appropriations Act, 2020 (Public Law 116–59) and as further amended by subsection (c) of section 791 of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94) for crop losses in crop year 2020.

(c)

Animal health

(1)

COVID–19 animal surveillance

The Secretary of Agriculture shall conduct monitoring and surveillance of susceptible animals for incidence of SARS–CoV–2.

(2)

Intergovernmental cooperation

Activities conducted under paragraph (1) shall be consistent with guidance provided by the World Organisation for Animal Health.

(3)

Funding

Out of the amounts made available under subsection (a), the Secretary shall use $300,000,000 to carry out this subsection.

(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 Federal Register on July 25, 1996 (61 Fed. Reg. 38806).

(2)

Overtime inspection cost reduction

Notwithstanding any other provision 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 requirements 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.

1002.

Emergency 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 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 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, on 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 construction work 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 drugs or medical supplies to increase medical surge capacity;

(3)

reimburse for COVID–19-related expenses and lost revenue to maintain capacity, including expenses and 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 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 Development Act (7 U.S.C. 1926(a)(26)).

1003.

Pandemic program administration funds

In addition to amounts otherwise available, there are appropriated 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.

1004.

Funding for the USDA Office of Inspector General for oversight of COVID—19-related programs

In addition to amounts otherwise made available, there are appropriated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $2,500,000, to remain available until September 30, 2022, to carry out audits, investigations, and other oversight activities authorized under the Inspector General Act of 1978 (5 U.S.C. App.) of projects and activities carried out with funds made available to the Department of Agriculture related to the COVID–19 pandemic.

1005.

Farm loan assistance for socially disadvantaged farmers and ranchers

(a)

Payments

(1)

Appropriation

For the purposes of addressing the longstanding and widespread discrimination against socially disadvantaged farmers and ranchers in farm loan programs and across the Department of Agriculture, as documented for decades by Congress and Federal agencies, and alleviating discriminatory barriers preventing socially disadvantaged farmers and ranchers from fully participating in the American farm economy, in addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2021, out of amounts in the Treasury not otherwise appropriated, such sums as may be necessary, to remain available until expended, for the cost of loan modifications and payments under this section.

(2)

Payments

Using a simplified process to be determined by the Secretary, the Secretary shall provide a payment in an amount equal 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 disadvantaged 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

(B)

farm loan guaranteed by the Secretary the borrower of which is the socially disadvantaged farmer or rancher.

(3)

Effect on eligibility

Notwithstanding any other provision of law, the provision of a payment under paragraph (2) to a socially disadvantaged farmer or rancher shall not affect the eligibility of such farmer or rancher for a farm loan after the date on which the payment is provided.

(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, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a)).

1006.

Assistance and support for socially disadvantaged farmers, ranchers, forest land owners and operators, and groups

(a)

Appropriation

In addition to amounts otherwise available, there is appropriated to the Secretary of Agriculture for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $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)—

(1)

to provide outreach, mediation, financial training, capacity building training, cooperative development training and support, and other technical assistance to socially disadvantaged groups;

(2)

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)

to support the development of agricultural credit institutions that are designed to serve socially disadvantaged groups, including other financing institutions funded by the Farm Credit System;

(4)

to support the activities of one or more equity commissions;

(5)

to support the development of one or more legal centers focused on agricultural legal issues of socially disadvantaged groups;

(6)

to support and supplement research, education, and extension, as well as scholarships and programs that provide internships and pathways to Federal employment, at—

(A)

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;

(B)

1994 Institutions (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)

Alaska Native serving institutions and Native Hawaiian serving institutions eligible to receive grants under subsections (a) and (b), respectively, of section 1419B of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3156);

(D)

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)

the insular area institutions of higher education located in the territories 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);

(7)

to provide 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, as determined by the Secretary; and

(8)

to establish pilot projects to provide technical and financial assistance to socially disadvantaged groups, including projects that focus on land acquisition, financial planning, technical assistance, and credit.

(c)

Definitions

In this section:

(1)

Nonindustrial private forest land

The term nonindustrial 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)).

1007.

Funding for Food for Peace title II Grants

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, for expenses, not otherwise recoverable, and unrecovered prior years’ costs, including interest thereon, under the Food for Peace Act (Public Law 83–480), for commodities supplied in connection with dispositions abroad under title II of said Act.

B

Nutrition

1011.

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 appropriated, $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 Secretary of Agriculture (in this section referred to as the Secretary) 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 allocated to States based on the share of each State of households that participate in the supplemental nutrition assistance 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 allocated 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 Agriculture 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 Nutrition Act of 2008 (7 U.S.C. 2014(h)).

1012.

Additional assistance for SNAP online purchasing and technology improvements

(a)

Funding

In addition to amounts otherwise made available, 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 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 acceptance of the supplemental nutrition assistance program benefits, for mobile payments, and for electronic benefit transfer modernization initiatives.

1013.

Additional funding for nutrition assistance programs

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.

.

1014.

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).

II

Committee on Education and Labor

A

Education Matters

1

Department of Education

2001.

Elementary and secondary school emergency relief fund

(a)

In general

In addition to amounts otherwise available, there is appropriated to the Department of Education for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $128,554,800,000, to remain available through September 30, 2023, for providing grants to States in accordance with the same terms and conditions that apply to the Elementary and Secondary School Emergency Relief Fund of the Education Stabilization Fund for funding appropriated for fiscal year 2021, except that—

(1)

a State that receives a grant under this section shall use—

(A)

not less than 90 percent of such grant for subgrants to local educational agencies; and

(B)

not less than 5 percent of such grant 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, extended day comprehensive afterschool programs, or extended school year programs, and ensure such interventions respond to students’ academic, social, and emotional needs and address the disproportionate impact of the coronavirus on the student populations described in section 1111(h)(1)(C)(ii) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(h)(1)(C)(ii)); and

(2)

each local educational agency that receives funds from a subgrant under paragraph (1)(A) shall—

(A)

reserve not less than 20 percent of such funds to address learning loss through the implementation of evidence-based interventions, such as summer learning, extended day comprehensive afterschool programs, or extended school year programs, and ensure such interventions respond to students’ academic, social, and emotional needs and address the disproportionate impact of the coronavirus on the student populations described in section 1111(h)(1)(C)(ii) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(h)(1)(C)(ii)); and

(B)

using funds reserved under subparagraph (A), provide equitable services in the same manner as provided under section 1117 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6320) to students and teachers in non-public schools, as determined in consultation with representatives of non-public schools.

(b)

Public control of funds

Control of funds provided under subsection (a)(2)(B), and title to materials, equipment, and property purchased with such funds, shall be in a public agency, and a public agency shall administer such funds, materials, equipment, and property and shall provide such services (or may contract for the provision of such services with a public or private entity).

2002.

Higher education emergency relief fund

In addition to amounts otherwise available, there is appropriated to the Department of Education for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $39,584,570,000, to remain available through September 30, 2023, for making allocations to institutions of higher education in accordance with the same terms and conditions that apply to the Higher Education Emergency Relief Fund of the Education Stabilization Fund for funding appropriated for fiscal year 2021, except that—

(1)

91 percent of such funds shall be allocated to each institution of higher education as defined in section 101 or section 102(c) of the Higher Education Act of 1965 (20 U.S.C. 1001, 1002(c)), and shall be apportioned using the same formula used to apportion funds to each such institution under such Higher Education Emergency Relief Fund;

(2)

1 percent of such funds shall be allocated to institutions of higher education as defined in section 102(b) of the Higher Education Act of 1965 (20 U.S.C. 1002(b)), and shall be apportioned using the same formula used to apportion funds to each such institution under such Higher Education Emergency Relief Fund;

(3)

an institution shall solely determine which students receive emergency financial aid grants under this section;

(4)

an institution receiving an allocation—

(A)

under paragraph (1) shall use not less than 50 percent of such allocation to provide emergency financial aid grants to students; and

(B)

under paragraph (2) shall use 100 percent of such allocation to provide emergency financial aid grants to students;

(5)

an institution receiving an allocation under paragraph (1) shall use a portion of such allocation 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)

notwithstanding paragraph (4)(A) or paragraph (5), an institution receiving an allocation under paragraph (1) a portion of which is apportioned according to a relative share (based on full-time equivalent enrollment or total number) of students who were Pell grant recipients and who were exclusively enrolled in distance education courses prior to the qualifying emergency shall use 100 percent of such portion to provide emergency financial aid grants to students; and

(7)

institutions required to remit payment to the Internal Revenue Service for the excise tax based on investment income of private colleges and universities under section 4968 of the Internal Revenue Code of 1986 for tax year 2019 shall not be subject to restrictions related to the amount of allocations or uses of funds applicable to such institutions under such Higher Education Emergency Relief Fund.

2003.

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 education 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 to the coronavirus, the Secretary of Education may waive any maintenance of effort requirements associated with the Education Stabilization Fund.

(b)

State maintenance of equity

(1)

High-poverty local educational agencies

As a condition of receiving funds under section 2001, a State educational agency shall not, in fiscal year 2022 or 2023, reduce State funding (calculated on a per-pupil basis) for any high-poverty 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)

Local educational agencies with highest share of economically disadvantaged student

Notwithstanding 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 for any local educational agency that is part of the 20 percent of local educational agencies in the State with the highest percentage of economically disadvantaged students (based on the percentages of economically disadvantaged students served by all local educational agencies in the State on the basis of the most recent satisfactory data available from the Department of Commerce) below the level of funding provided to such local educational agencies in fiscal year 2019.

(c)

Local educational agency maintenance of equity for high-poverty schools

As a condition of receiving funds under section 2001, a local educational agency shall not, in fiscal year 2022 or 2023—

(1)

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—

(A)

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

(B)

the number of children enrolled in all schools served by the local educational agency in such fiscal year; or

(2)

reduce per-pupil, full-time equivalent staff in any high-poverty school by an amount that exceeds—

(A)

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

(B)

the number of children enrolled in all schools served by the local educational agency in such fiscal year.

(d)

Definitions

In this section:

(1)

The term high-poverty local educational agency means, with respect to a local educational agency in a State, a local educational agency that serves a higher percentage of economically disadvantaged students than the local educational agency that serves the median percentage of economically disadvantaged students, based on the percentages of economically disadvantaged students served by all local educational agencies in such State, on the basis of the most recent satisfactory data available from the Department of Commerce.

(2)

The term high-poverty school means, with respect to a school served by a local educational agency, a school that serves a higher percentage of economically disadvantaged students, as determined by any of the measures of poverty in section 1113 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6313) than the school that serves the median percentage of economically disadvantaged students based on the percentages of economically disadvantaged students—

(A)

at all schools served by such local educational agency; or

(B)

at all schools within each grade-span of such local educational agency.

(3)

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.

2004.

Outlying areas

In addition to amounts otherwise available, there is appropriated to the Department of Education for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $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.

2005.

Bureau of Indian Education

In addition to amounts otherwise available, there is appropriated to the Department of Education for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $850,000,000, to remain available until expended, for the Secretary of Education to allocate to the Secretary of the Interior for awards, which awards shall be determined and funds for such awards allocated by the Secretary of the Interior not more than 30 calendar days after the date of enactment of this Act, for programs 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))).

2006.

Gallaudet University

In addition to amounts otherwise available, there is appropriated to the Department of Education for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $19,250,000, to remain available through September 30, 2023, for the Kendall Demonstration Elementary School, the Model Secondary School for the Deaf, and Gallaudet University under titles I and II of the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.) to prevent, prepare for, and respond to coronavirus, domestically or internationally, 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.

2007.

Student aid administration

In addition to amounts otherwise available, there is appropriated to the Department of Education for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $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, domestically or internationally, including direct outreach to students and borrowers about financial aid, economic impact payments, means-tested benefits, and tax benefits for which they may be eligible.

2008.

Howard University

In addition to amounts otherwise available, there is appropriated to the Department of Education for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $35,000,000, to remain available through September 30, 2023, for Howard University to prevent, prepare for, and respond to coronavirus, domestically or internationally, 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.

2009.

National Technical Institute for the Deaf

In addition to amounts otherwise available, there is appropriated to the Department of Education for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $19,250,000, to remain available through September 30, 2023, for the National Technical Institute for the Deaf under titles I and II of the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.) to prevent, prepare for, and respond to coronavirus, domestically or internationally, 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 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.

2010.

Institute of Education Sciences

In addition to amounts otherwise available, there is appropriated to the Department of Education for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $100,000,000, to remain available through September 30, 2023, for the Institute of Education Sciences established under part A of title I of the Education Sciences Reform Act of 2002 (20 U.S.C. 9511 et seq.) to carry out research related to addressing learning loss caused by the coronavirus among the student populations described in section 1111(h)(1)(C)(ii) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(h)(1)(C)(ii)) and to disseminate such findings to State educational agencies and local educational agencies and other appropriate entities.

2011.

Program administration

In addition to amounts otherwise available, there is appropriated to the Department of Education for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $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, domestically or internationally, and for salaries and expenses necessary to implement this part.

2012.

Office of inspector general

In addition to amounts otherwise available, there is appropriated to the Department of Education for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $5,000,000, to remain available until expended, for the Office of Inspector General of the Department of Education, as authorized by section 211 of the Department of Education Organization Act (20 U.S.C. 3422), to prevent, prepare for, and respond to coronavirus, domestically or internationally, including for salaries and expenses necessary for oversight, investigations, and audits of programs, grants, and projects funded under this part to respond to coronavirus.

2013.

Modification of revenue requirements for proprietary 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 subsection (d) as Federal education assistance funds).

(b)

Implementation of non-federal revenue requirement

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.

2

Miscellaneous

2021.

National endowment for the arts

In addition to amounts otherwise available, there is appropriated 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 (20 U.S.C. 951 et seq.), as follows:

(1)

Forty percent shall be for grants, and relevant administrative 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’ 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.

2022.

National endowment for the humanities

In addition to amounts otherwise available, there is appropriated 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 (20 U.S.C. 951 et seq.), as follows:

(1)

Forty percent shall be for grants, and relevant administrative 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 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 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.

2023.

Institute of museum and library services

In addition to amounts otherwise available, there is appropriated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $200,000,000, to remain available until expended, to carry out the Library Services and Technology Act (20 U.S.C. 9121 et seq.) as authorized under subtitle B of the Museum and Library Services Act (20 U.S.C. 9121 et seq.), including for administrative costs authorized under section 210C of such Act (20 U.S.C. 9111), except that—

(1)

section 221(b)(3)(A) of the Library Services and Technology 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.

2024.

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 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 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) to ensure the survival and continuing vitality of Native American 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.

.

B

Labor Matters

2101.

Raising the Federal minimum wage

(a)

Minimum wage increases

(1)

In general

Section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) is amended to read as follows:

(1)

except as otherwise provided in this section, not less than—

(A)

$9.50 an hour, beginning on the effective date under section 2101(e) of the American Rescue Plan Act of 2021;

(B)

$11.00 an hour, beginning 1 year after such effective date;

(C)

$12.50 an hour, beginning 2 years after such effective date;

(D)

$14.00 an hour, beginning 3 years after such effective date;

(E)

$15.00 an hour, beginning 4 years after such effective date; and

(F)

beginning on the date that is 5 years after such effective date, and annually thereafter, the amount determined by the Secretary under subsection (h);

.

(2)

Determination based on increase in the median hourly wage of all employees

Section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206) is amended by adding at the end the following:

(h)
(1)

Not later than each date that is 90 days before a new minimum wage determined under subsection (a)(1)(F) is to take effect, the Secretary shall determine the minimum wage to be in effect under this subsection for each period described in subsection (a)(1)(F). The wage determined under this subsection for a year shall be—

(A)

not less than the amount in effect under subsection (a)(1) on the date of such determination;

(B)

increased from such amount by the annual percentage increase, if any, in the median hourly wage of all employees as determined by the Bureau of Labor Statistics; and

(C)

rounded up to the nearest multiple of $0.05.

(2)

In calculating the annual percentage increase in the median hourly wage of all employees for purposes of paragraph (1)(B), the Secretary, through the Bureau of Labor Statistics, shall compile data on the hourly wages of all employees to determine such a median hourly wage and compare such median hourly wage for the most recent year for which data are available with the median hourly wage determined for the preceding year.

.

(b)

Tipped employees

(1)

Base minimum wage for tipped employees and tips retained by employees

Section 3(m)(2)(A)(i) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(m)(2)(A)(i)) is amended to read as follows:

(i)

the cash wage paid such employee, which for purposes of such determination shall be not less than—

(I)

for the 1-year period beginning on the effective date under section 2101(e) of the American Rescue Plan Act of 2021, $4.95 an hour;

(II)

for each succeeding 1-year period until the hourly wage under this clause equals the wage in effect under section 6(a)(1) for such period, an hourly wage equal to the amount determined under this clause for the preceding year, increased by the lesser of—

(aa)

$2.00; or

(bb)

the amount necessary for the wage in effect under this clause to equal the wage in effect under section 6(a)(1) for such period, rounded up to the nearest multiple of $0.05; and

(III)

for each succeeding 1-year period after all increases are made pursuant to subclause (II), the minimum wage in effect under section 6(a)(1); and

.

(2)

Scheduled repeal of separate minimum wage for tipped employees

(A)

Tipped employees

Section 3(m)(2)(A) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(m)(2)(A)), as amended by paragraph (1), is further amended by striking the sentence beginning with In determining the wage an employer is required to pay a tipped employee, and all that follows through of this subsection. and inserting The wage required to be paid to a tipped employee shall be the wage set forth in section 6(a)(1)..

(B)

Effective date

The amendments made by subparagraph (A) shall take effect on the date that is 1 day after the date on which the hourly wage under subclause (III) of section 3(m)(2)(A)(i) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(m)(2)(A)(i)), as amended by paragraph (1), takes effect.

(3)

Penalties

Section 16 of the Fair Labor Standards Act of 1938 (29 U.S.C. 216) is amended—

(A)

in the third sentence of subsection (b), by inserting or used after kept; and

(B)

in the second sentence of subsection (e)(2), by inserting or used after kept.

(c)

Newly hired employees who are less than 20 years old

(1)

In general

Section 6(g)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(g)(1)) is amended by striking a wage which is not less than $4.25 an hour. and inserting the following:

a wage at a rate that is not less than—

(A)

for the 1-year period beginning on the effective date under section 2101(e) of the American Rescue Plan Act of 2021, $6.00 an hour;

(B)

for each succeeding 1-year period until the hourly wage under this paragraph equals the wage in effect under section 6(a)(1) for such period, an hourly wage equal to the amount determined under this paragraph for the preceding year, increased by the lesser of—

(i)

$1.75; or

(ii)

the amount necessary for the wage in effect under this paragraph to equal the wage in effect under section 6(a)(1) for such period, rounded up to the nearest multiple of $0.05; and

(C)

for each succeeding 1-year period after all increases are made pursuant to subparagraph (B), the minimum wage in effect under section 6(a)(1).

.

(2)

Scheduled repeal of separate minimum wage for newly hired employees who are less than 20 years old

(A)

In general

Section 6(g) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(g)), as amended by paragraph (1), shall be repealed.

(B)

Effective date

The repeal made by subparagraph (A) shall take effect on the date that is 1 day after the date on which the hourly wage under subparagraph (C) of section 6(g)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(g)(1)), as amended by paragraph (1), takes effect.

(d)

Promoting economic self-sufficiency for individuals with disabilities

(1)

Prohibition on new special certificates

(A)

In general

Section 14(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)) is amended by adding at the end the following:

(6)

Prohibition on new special certificates

Notwithstanding paragraph (1), the Secretary shall not issue a special certificate under this subsection to an employer that was not issued a special certificate under this subsection before the date of enactment of the American Rescue Plan Act of 2021.

.

(B)

Effective date

The amendment made by subparagraph (A) shall take effect on the date of enactment of this Act.

(2)

Transition to fair wages for individuals with disabilities

Subparagraph (A) of section 14(c)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)(1)) is amended to read as follows:

(A)

at a rate that equals or exceeds, for each year, the greater of—

(i)
(I)

$5.00 an hour, beginning on the effective date under section 2101(e) of the American Rescue Plan Act of 2021;

(II)

$7.50 an hour, beginning 1 year after such effective date;

(III)

$10.00 an hour, beginning 2 years after such effective date;

(IV)

$12.50 an hour, beginning 3 years after such effective date;

(V)

$15.00 an hour, beginning 4 years after such effective date; and

(VI)

the wage rate in effect under section 6(a)(1), beginning 5 years after such effective date; or

(ii)

if applicable, the wage rate in effect on the day before the date of enactment of the American Rescue Plan Act of 2021 for the employment, under a special certificate issued under this paragraph, of the individual for whom the wage rate is being determined under this subparagraph,

.

(3)

Sunset

Section 14(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)) is further amended by adding at the end the following:

(7)

Sunset

Beginning on the day after the date on which the wage rate described in paragraph (1)(A)(i)(VI) takes effect, the authority to issue special certificates under paragraph (1) shall expire, and no special certificates issued under paragraph (1) shall have any legal effect.

.

(e)

General effective date

Except as otherwise provided in this section, or the amendments made by this section, this section and the amendments made by this section shall take effect—

(1)

subject to paragraph (2), on the first day of the third month that begins after the date of the enactment of this Act; and

(2)

with respect to the Commonwealth of the Northern Mariana Islands, on the date that is 18 months after the effective date described in paragraph (1).

2102.

Funding for Department of Labor Worker Protection Activities

(a)

Appropriation

In addition to amounts otherwise made available, out of any funds in the Treasury not otherwise appropriated, there are appropriated to the Secretary of Labor for fiscal year 2021, $150,000,000, 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 $75,000,000 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.

2103.

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 proximately 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, the following:

(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, (including an employee of the United States Postal Service, the Transportation Security Administration, or the Department of Veterans Affairs, including any individual appointed under chapter 73 or 74 of title 38, United States Code) employed in the Federal 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 exposure 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 determination 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.

2104.

Compensation pursuant to the Longshore and Harbor Workers’ Compensation Act

(a)

Claims related to COVID–19

(1)

In general

Subject to subsection (c), a covered employee who receives a diagnosis or is subject to an order described in paragraph (2)(B) and who provides notice of or files a claim relating to such diagnosis or order under section 12 or 13 of the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 912, 913), respectively, shall be conclusively presumed to have an injury arising out of or in the course of employment for the purpose of compensation under the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 901 et seq.).

(2)

Covered employee

In this section, the term covered employee means an individual who, at any time during the period beginning January 27, 2020, and ending on January 27, 2023—

(A)

is an employee; and

(B)

is—

(i)

diagnosed with COVID–19; or

(ii)

ordered not to return to work by the employee’s employer or by a local, State, or Federal agency because of exposure, or the risk of exposure, to 1 or more individuals diagnosed with COVID–19 in the workplace.

(3)

Limitation

This section shall not apply with respect to a covered employee who—

(A)

provides notice or files a claim described in paragraph (1) on or before the date of the enactment of this Act; and

(B)

is determined to be entitled to the compensation described in paragraph (1) or awarded such compensation if such determination or award is made on or before such date.

(4)

Denials on or before the date of enactment

Paragraph (1) shall apply with respect to a covered employee who is determined not to be entitled to, or who is not awarded, compensation described in paragraph (1) if such determination or decision not to award such compensation is made on or before the date of enactment of this Act.

(b)

Reimbursement

(1)

In general

(A)

Entitlement

Subject to subparagraph (B) and to the availability of appropriations and limitation on payments under subsection (c), an employer of a covered employee or the employer’s carrier shall be entitled to reimbursement for any compensation paid with respect to a notice or claim described in subsection (a), including disability benefits, funeral and burial expenses, medical or other related costs for treatment and care, and reasonable and necessary allocated claims expenses.

(B)

Safety and health requirements

To be entitled to reimbursement under subparagraph (A)—

(i)

an employer shall be in compliance with all applicable safety and health guidelines and standards that are related to the prevention of occupational exposure to the novel coronavirus that causes COVID–19, including such guidelines and standards issued by the Occupational Safety and Health Administration, State plans approved under section 18 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 667), and the National Institute for Occupational Safety and Health; and

(ii)

a carrier—

(I)

shall be a carrier for an employer that is in compliance with clause (i); and

(II)

shall not adjust the experience rating or the annual premium of the employer based upon the compensation paid by the carrier with respect to a notice or claim described in subparagraph (A).

(2)

Reimbursement procedures

(A)

In general

Subject to subsection (c), to receive reimbursement under paragraph (1)—

(i)

a claim for such reimbursement shall be submitted to the Secretary of Labor—

(I)

not earlier than—

(aa)

the date on which a compensation order (as described in section 19(e) of the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 919(e))) is issued that fixes entitlement to benefits; or

(bb)

the date on which—

(AA)

a payment is made under such Act;

(BB)

entitlement to benefits is established under such Act; and

(CC)

the rate of compensation and period of payment is relatively fixed and known; and

(II)

not later than one year after the final payment of compensation to a covered employee pursuant to this section; and

(ii)

an employer and the employer’s carrier shall make, keep, and preserve such records, make such reports, and provide such information, as the Secretary of Labor determines necessary or appropriate to carry out this section.

(B)

Commutation of compensation installments

The Secretary may commute future compensation installments with respect to a claim under this section.

(c)

Employees’ Compensation Fund

(1)

In general

A reimbursement under subsection (b) shall be paid out of the Employees’ Compensation Fund under section 8147 of title 5, United States Code.

(2)

Funding

In addition to amounts otherwise available, there are authorized to be appropriated, and there are appropriated, out of any money in the Treasury not otherwise appropriated, such funds as may be necessary for the period beginning on the date of enactment of this Act and ending on September 30, 2030, to reimburse the Employees’ Compensation Fund for each reimbursement paid out of such Fund under subsection (b).

(3)

Limitation

With respect to a claim for benefits approved on the basis of subsection (a), no payments may be made from the Employees’ Compensation Fund or the special fund established in section 44 of Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 944) after September 30, 2030, for benefits, reimbursements, or other expenditures relating to such claim.

(4)

Final action

The action of the Secretary in allowing or denying any reimbursement under subsection (b) shall be final and conclusive on all questions of law and fact and not subject to review by any other official of the United States or by any court by mandamus or otherwise.

(d)

Definitions

In this section:

(1)

LHWCA terms

The terms carrier, compensation, employee, and employer have the meanings given the terms in section 2 of the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 902).

(2)

Novel coronavirus

The term novel coronavirus means SARS–CoV–2 or any other coronavirus declared to be a pandemic by public health authorities.

C

Human Services and Community Supports

2201.

Additional funding for aging and disability services 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:

2010.

Additional funding for aging and disability services programs

(a)

Appropriation

In addition to amounts otherwise available, 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

(1)

In general

Of the amounts made available by subsection (a)—

(A)

$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 section; and

(B)

$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).

(2)

Services for all adults

The amounts made available by subsection (a) of this section to carry out section 2042(b) may be used to provide services under programs described in section 2042(b) for all adults.

.

2202.

Supporting older Americans and their families

(a)

Appropriation

In addition to amounts otherwise available, there is appropriated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $1,444,000,000, to remain available until expended, to carry out the Older Americans Act of 1965.

(b)

Allocation of amounts

Amounts made available by subsection (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)

$470,000,000 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 investments in technological equipment and solutions or other strategies aimed at alleviating negative health effects of social isolation due to long-term stay-at-home recommendations 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.

2203.

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 otherwise appropriated, $14,990,000,000, to remain available through September 30, 2021, to carry out the Child Care and Development Block Grant of 1990 (42 U.S.C. 9857 et seq.) without regard to requirements in sections 658E(c)(3)(D)–(E) or 658G of such Act (42 U.S.C. 9858c(c)(3), 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 succeeding 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)

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 appropriated, $23,975,000,000, to remain available through September 30, 2021, for grants under section 2204(b) of this subtitle and in accordance with the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9857 et seq.), except for the requirements in subparagraphs (C) through (E) of section 658E(c)(3), and section 658G, of such Act (42 U.S.C. 9858c(c)(3), 9858e).

(c)

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 2204 of this subtitle.

2204.

Child Care Stabilization

(a)

Definitions

In this section:

(1)

Child care and development block grant terms

The terms lead agency, Secretary, and State have the meanings given those terms, and the terms Indian Tribe and Tribal organization have the meanings given the terms Indian tribe and tribal organization, in section 658P of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n) except as otherwise provided in this section.

(2)

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.

(3)

Eligible child care provider

The term eligible child care provider means 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 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)

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 the lead agency of each State (as designated or established under section 658D(a) of such Act (42 U.S.C. 9858b(a)), territory and possession described in subsection 658O(a)(1) of such Act, and Indian Tribe and Tribal organization described in section 658O(a)(2) of such Act that has submitted to the Secretary a letter of intent to use funds awarded pursuant to this subsection, child care stabilization grants from allotments and payments determined in accordance with paragraphs (1) and (2) of subsection (a), and subsection (b), of section 658O of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858m). Such grants shall be used in accordance with the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9857 et seq.), except for the requirements in subparagraphs (C) through (E) of section 658E(c)(3), and in section 658G, of such Act (42 U.S.C. 9858c(c)(3), 9858e).

(c)

State reservations and subgrants

(1)

Reservation

A lead agency for a State that receives a child care stabilization grant pursuant to subsection (b) shall reserve not more than 10 percent of such grant funds to administer subgrants, provide technical assistance and support for applying for and accessing the subgrant opportunity, publicize the availability of the subgrants, 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 subsection (b) to make subgrants to qualified child care providers 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 such operating expenses 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 corresponding State, Tribal, and local authorities, and 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 compensation below the weekly amount of full compensation, 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 copayments 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 (d)(2).

(E)

Obligation

The lead agency shall notify the Secretary if it is unable to obligate at least 50 percent of the funds received pursuant to subsection (b) that are available for subgrants described in this paragraph within 9 months of the date of enactment of this Act.

(d)

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 retention.

(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 professional 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.

(e)

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, including funds provided under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9857 et seq.) and State child care programs.

2205.

Head Start

In addition to amounts otherwise available, there is appropriated 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 (42 U.S.C. 9831 et seq.), including for Federal administrative expenses, to be allocated to each Head Start agency in 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, except that funds appropriated in this section—

(1)

shall not be included in the calculation of the base grant in subsequent fiscal years, as such term is defined in section 640(a)(7)(A), 641A(h)(1)(B), or 645(d)(3) of the Head Start Act (42 U.S.C. 9835(a)(7)(A), 9836a(h)(1)(B), 9840(d)(3)); and

(2)

shall not be subject to the allocation requirements of section 640(a) of such Act (42 U.S.C. 9835(a)).

2206.

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, 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 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, and that the matching requirement under section 306(c)(4) shall not apply.

(2)

$18,000,000 to carry out section 309.

(3)

$2,000,000 to carry out section 313, of which $1,000,000 for each fiscal year 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 and Human Services, $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 collaboration 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 of Health and Human Services, $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 of Health and Human Services, 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).

2207.

Child abuse prevention and treatment

In addition to amounts otherwise available, there is appropriated to the Secretary of Health and Human Services for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, the following amounts, to remain available through September 30, 2023:

(1)

$250,000,000 for carrying out title II of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5116 et seq.), 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

(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)).

2208.

LIHEAP

In addition to amounts otherwise available, there is appropriated 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 payments 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;

(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; and

(3)

with respect to amounts appropriated under this section for fiscal year 2021, notwithstanding section 2604(d) of such Act (42 U.S.C. 8623(d)), the Secretary shall reserve under such section 2604(d) amounts for Indian tribes that bear the same ratio, for each Indian tribe, that the amount reserved for the Indian tribe, from funds appropriated for such payments for fiscal year 2021 before the date of enactment of this section, bore to the amount allotted to the applicable State for such payments from any such appropriated funds.

2209.

Department of Health and Human Services

(a)

In general

In addition to amounts otherwise available, there is appropriated to the Department of Health and Human Services for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $425,000,000, to remain available until expended for the Secretary of Health and Human Services to allocate as such Secretary determines necessary for cost increases that result from the COVID–19 public health emergency in programs administered under the Administration for Children and Families that provide direct program services to children.

(b)

Definition

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.

2210.

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 appropriated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $852,000,000, to remain available through September 30, 2024, for necessary expenses under the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950 et seq.) and the National and Community Service Act of 1990 (42 U.S.C. 12501 et seq.) notwithstanding sections 198B(b)(3), 198S(g), and subparagraphs (C) and (F) of section 501(a)(4) of the National and Community Service Act of 1990 (42 U.S.C. 12653b(b)(3), 12653s(g), 12681(a)(4)).

(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, described in section 140 of the National and Community Service Act of 1990 (42 U.S.C. 12594); 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 organizations described in subsection (a) of section 121 of the National and Community Service Act of 1990 (42 U.S.C. 12571(a)), whether or not the entities are already grant recipients under that section on the date of enactment of this Act, and without regard to the requirements of subsections (d) and (e) of such section 121, by—

(i)

prioritizing entities serving communities disproportionately impacted by COVID–19 and utilizing culturally competent and multilingual strategies in the provision of services; and

(ii)

taking into account the diversity of communities 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 programs authorized under part A of title I of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4951 et seq.), including to increase 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 programs authorized under title II of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5000 et seq.).

(6)

Administrative costs

$73,000,000 shall, notwithstanding section 501(a)(5)(B) of the National and Community Service Act of 1990 (42 U.S.C. 12681(a)(5)(B)) and section 504(a) of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5084(a)), be used for necessary expenses of administration as provided under section 501(a)(5) of the National and Community Service Act of 1990 (42 U.S.C. 12681(a)(5)), including administrative costs of the Corporation for National and Community Service associated with the provision of funds under paragraphs (1) through (5).

(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 otherwise 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 payment to and administration of the National Service Trust established in section 145 of the National and Community Service Act of 1990 (42 U.S.C. 12601).

D

Child Nutrition & Related Programs

2301.

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 subparagraph (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 children 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 IV–Children 1 through 4 years.

(B)

Food Package V–Pregnant and partially (mostly) breastfeeding women.

(C)

Food Package VI–Postpartum women.

(D)

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 emergency, 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 available, 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.

2302.

WIC program modernization

In addition to amounts otherwise available, there are appropriated 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).

2303.

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.

2304.

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 following a school session after in session;

(2)

by amending subsection (e) to read as follows:

(e)

Release of information

Notwithstanding any provision of the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), the Secretary of Agriculture may authorize State educational agencies and school food authorities administering a school lunch program under such Act to release to appropriate officials administering the supplemental nutrition assistance program such information as may be necessary to carry out this section, including to carry out assistance during a covered summer period pursuant to subsection (i).

;

(3)

in subsection (f)(2), in the paragraph heading, by striking For School Year 2020–2021;

(4)

in subsection (g), by striking During fiscal year 2020, the and inserting The;

(5)

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;

(6)

by redesignating subsections (i) and (j) as subsections (j) and (k), respectively;

(7)

by inserting after subsection (h) the following:

(i)

Emergencies during summer

The Secretary of Agriculture 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 under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) 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.

;

(8)

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 designation.

; and

(C)

in paragraph (5) (as so redesignated), by striking or another coronavirus with pandemic potential; and

(9)

in subsection (k) (as so redesignated), by inserting Federal agencies, before State agencies.

E

COBRA Continuation Coverage

2401.

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 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 purposes of any COBRA continuation provision as having paid the amount of such premium if such individual pays (or any person other than such individual’s employer pays on behalf of such individual) 15 percent of the amount of such premium.

(B)

Plan enrollment option

(i)

In general

Notwithstanding the COBRA continuation provisions, 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 continuation coverage for purposes of the applicable COBRA continuation coverage provision.

(ii)

Requirements

Any assistance eligible individual may elect to enroll in different coverage as described in clause (i) only if—

(I)

the employer involved has made a determination 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 individual 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 individual 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 Revenue Code of 1986).

(2)

Limitation of period of premium assistance

(A)

Eligibility for additional coverage

Paragraph (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), coverage 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 coverage 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). 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 employment by such individual; and

(B)

elects such coverage.

(4)

Extension of election period and effect on coverage

(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 day of the first month beginning after the date of the enactment of this Act but who would be an assistance 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 coverage 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 paragraph (6)(C) is provided to such individual.
(B)

Commencement of cobra continuation coverage

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.

(5)

Expedited review of denials of premium assistance

In any case in which an individual requests treatment as an assistance eligible individual described in paragraph (3) and is denied such treatment by the group health plan, the Secretary of Labor (or the Secretary of Health and Human Services in connection with COBRA continuation coverage which is provided other than pursuant to part 6 of subtitle B of title I of the Employee Retirement Income Security Act of 1974), in consultation with the Secretary of the Treasury, shall provide for expedited review of such denial. An individual shall be entitled to such review upon application to such Secretary in such form and manner as shall be provided by such Secretary, in consultation with the Secretary of the Treasury. Such Secretary shall make a determination regarding such individual’s eligibility within 15 business days after receipt of such individual’s application for review under this paragraph. Such Secretary’s determination upon review of the denial shall be de novo and shall be the final determination of such Secretary. A reviewing court shall grant deference to such Secretary’s determination. The provisions of this paragraph, paragraphs (1) through (4), and paragraphs (6) through (7) shall be treated as provisions of title I of the Employee Retirement Income Security Act of 1974 for purposes of part 5 of subtitle B of such title.

(6)

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 written notification to the recipient in clear and understandable 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 individuals 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 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 notification 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 necessary 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 reduced premium and any conditions on entitlement to the reduced 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 notification required under this paragraph.

(7)

Notice of expiration of period of premium assistance

(A)

In general

With respect to any assistance eligible individual, subject to subparagraph (B), the requirements 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 written 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 coverage 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 paragraph (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 limitation 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.

(8)

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 Secretary of Labor and the Secretary of Health and Human Services may prescribe such regulations (including interim final regulations) or other guidance as may be necessary or appropriate to carry out the provisions of paragraphs (5), (6), (7), and (9).

(9)

Outreach

(A)

In general

The Secretary of Labor, in consultation with the Secretary of the Treasury and the Secretary of Health and Human Services, shall provide outreach consisting of public education and enrollment assistance relating to premium assistance provided under this subsection. 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 who are referred to in paragraph (6)(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 consisting of public education. Such outreach shall target individuals who lose health insurance coverage. Such outreach shall include information regarding enrollment for benefits under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) for purposes of preventing mistaken delays of such enrollment by such individuals, including lifetime penalties for failure of timely enrollment.

(10)

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.

(B)

Cobra continuation coverage

The term COBRA continuation coverage means continuation coverage 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 Revenue 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 subsection to a period of coverage shall be treated as a reference 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.

(J)

Premium

The term premium includes, with respect to COBRA continuation coverage, any administrative fee.

(11)

Implementation funding

In addition to amounts otherwise made available, out of any funds in the Treasury not otherwise appropriated, there are appropriated to the Secretary 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:

6432.

Continuation coverage premium assistance

(a)

In general

The person to whom premiums are payable for continuation coverage under section 2401(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 2401(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 multiemployer 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), and 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 7001 and 7003 of the Families First Coronavirus Response Act and section 2301 of the CARES Act) on the wages paid with respect to the employment of all employees of the employer.

(2)

Refundability of excess credit

(A)

Credit is refundable

If the amount of the credit under subsection (a) exceeds the limitation of paragraph (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 subparagraph (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 section 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 amount for which a credit is allowed under this section shall be taken into account as qualified wages under section 2301 of the CARES Act or as qualified health plan expenses under section 7001(d) or 7003(d) of the Families First Coronavirus Response Act.

(f)

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 establishment 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 payment 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, the 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 in excess of the amount required to be paid under subsection (a)(1)(A).

(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 elects continuation coverage under subsection (a)(1).

(2)

Penalty for failure to notify health plan of cessation 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:

6720C.

Penalty for failure to notify health plan of cessation of eligibility for continuation coverage 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 2401(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 Revenue Code of 1986 is amended to read as follows:

(9)

Continuation coverage premium assistance

In the case of an assistance eligible individual who receives premium assistance for continuation coverage under section 2401(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:

139I.

Continuation coverage premium assistance

In the case of an assistance eligible individual (as defined in subsection (a)(3) of section 2401 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.

.

(C)

Effective date

The amendments made by this paragraph shall apply to taxable years ending after the date of the enactment of this Act.

III

Committee on Energy and Commerce

A

Public Health

1

Vaccines and Therapeutics

3001.

Funding for COVID–19 vaccine activities at the centers for disease control and prevention

(a)

In general

In addition to amounts otherwise available, there is appropriated 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, $7,500,000,000, to remain available until expended, to carry out activities to plan, prepare for, promote, distribute, administer, monitor, 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 consultation 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 enhancement 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;

(B)

the establishment and expansion, including staffing support, of community vaccination centers, particularly in underserved areas;

(C)

the deployment of mobile vaccination units, particularly in underserved areas;

(D)

information technology, data, and reporting enhancements, including improvements necessary to support sharing of data related to vaccine distribution and vaccinations and systems that enhance vaccine safety, effectiveness, and uptake, particularly among underserved populations;

(E)

facilities enhancements; and

(F)

communication with the public regarding when, where, and how to receive COVID–19 vaccines.

3002.

Funding for vaccine confidence activities

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, $1,000,000,000, to remain available until expended, to carry out activities, acting through the Director of the Centers for Disease Control and Prevention—

(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).

3003.

Funding for supply chain for COVID–19 vaccines, therapeutics, and medical supplies

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, $5,200,000,000, to remain available until expended, for necessary expenses with respect to research, development, manufacturing, production, and the purchase of vaccines, therapeutics, and ancillary medical products 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.

3004.

Funding for COVID–19 vaccine, therapeutic, and device activities at the Food and Drug Administration

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 expended, to be used for the evaluation of the continued 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 production of vaccines and related materials; facilitation and conduct of inspections related to the manufacturing of vaccines, therapeutics, 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.

2

Testing

3011.

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 for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $46,000,000,000, 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;

(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 supplies necessary for administering tests, such as personal protective equipment;

(4)

establish and expand Federal, State, local, and territorial testing and contact tracing capabilities, including investments in laboratory capacity, community-based testing sites, and mobile testing units, particularly in medically underserved areas;

(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 necessary to conduct activities related to subparagraph (a).

3012.

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 organisms, 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 renovation of facilities to improve genomic sequencing and surveillance capabilities at the State and local level.

3013.

Funding for global health

In addition to amounts otherwise available, there is appropriated 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 Prevention to combat SARS–CoV– 2, COVID–19, and other emerging infectious disease threats globally, including efforts related to global health security, global disease detection and response, global health protection, global immunization, and global coordination on public health.

3014.

Funding for data modernization and forecasting center

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 expended, for activities to be conducted acting through the Director of the Centers for Disease Control and Prevention to support public health data surveillance and analytics infrastructure modernization initiatives at the Centers for Disease Control 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.

3

Public Health Workforce

3021.

Funding for public health workforce

(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, $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, epidemiologists, 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)

Reporting to the Secretary on implementation of the activities funded under this section.

(5)

Subawards from recipients of awards under subsection (a) to local health departments for the purposes of the activities funded under this section.

3022.

Funding for Medical Reserve Corps

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, $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).

4

Public Health Investments

3031.

Funding for community health centers and community care

(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, $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 subsections (e)(3), (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 defined in section 1861(aa)(4)(B) of the Social Security Act (42 U.S.C. 1395x(aa))), and for awarding grants or contracts to qualified entities under the Native Hawaiian Health Care Improvement Act (42 U.S.C. 11701 et seq.). Of the total amount appropriated by the preceding sentence, not less than $20,000,000 shall be for grants or contracts to qualified entities under the Native Hawaiian Health Care Improvement Act (42 U.S.C. 11701 et seq.).

(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 infections 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 vaccinations, 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 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.

3032.

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 title III of the Public Health Service Act (42 U.S.C. 241 et seq.) 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 public health services through supplemental 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 paragraph (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.

3033.

Funding for Nurse Corps

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, $200,000,000, to remain available until expended, for carrying out section 846 of the Public Health Service Act (42 U.S.C. 297n).

3034.

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 subsection (a) shall be used for the following activities:

(1)

For making payments to new approved graduate medical residency training programs, provided that the number of full-time equivalent residents for which a qualified teaching health center receives payments pursuant to section 340H(a)(1)(C) of the Public Health Service Act (42 U.S.C. 256h(a)(1)(C)) for a fiscal year shall not exceed by more than 6 the number of full-time equivalent residents for which the center received such payments for the preceding fiscal year.

(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.

(3)

For making payments under section 340H of the Public Health Service Act (42 U.S.C. 256h) to qualified teaching health centers for approved graduate medical residency training programs, for the number of full-time equivalent residents at a program at a number that is no lower than the highest number of full-time equivalent residents in that program for the period of fiscal years 2016 through 2018.

(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 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.

3035.

Funding for COVID–19 testing, contact tracing, and mitigation activities in congregate settings

(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, $1,800,000,000, to remain available until expended, to carry out activities to detect, diagnose, trace, monitor, and report on SARS–CoV–2 and COVID–19 infections, and related strategies to mitigate the spread of SARS–CoV–2, in congregate settings.

(b)

Use of funds

From amounts appropriated by subsection (a), the Secretary shall—

(1)

support activities related to testing through the use of in vitro diagnostic products (as defined in section 809.3(a) of title 21, Code of Federal Regulations) for the detection or diagnosis of SARS–CoV–2 and the virus that causes COVID–19, including to purchase, procure, or administer tests and supplies necessary for administering and processing such tests to staff of, or individuals residing in, congregate settings, and pay (through any mechanism deemed appropriate by the Secretary) part or all of the costs to such entities of administering or processing such tests;

(2)

support vaccine-related activities for authorized or licensed COVID–19 vaccines, to provide for the vaccination of staff of, or individuals residing in, congregate settings, and pay (through any mechanism deemed appropriate by the Secretary) part or all of the costs to such entities of administering such vaccines;

(3)

purchase, procure, or distribute personal protective equipment or other products or supplies for use in mitigation of COVID–19 transmission among staff of, or individuals residing in, congregate settings; and

(4)

provide technical assistance, guidance, and support and award grants, contracts, or cooperative agreements to State, local, territorial, and Tribal public health departments, or Federal, State, local, territorial, or Tribal public and private entities that manage congregate settings, for activities to detect, diagnose, trace, monitor, and report on SARS–CoV–2 and COVID–19 infections, and related strategies and activities to mitigate the spread of SARS–CoV–2, in congregate settings.

(c)

Definition

For purposes of this section, the term congregate settings includes Federal, State, local, territorial, and Tribal prisons, jails, detention centers (including juvenile detention centers), other correctional, detention, and reentry facilities, long-term care facilities, psychiatric hospitals, psychiatric residential treatment facilities, shared living arrangements for individuals with disabilities, intermediate care facilities, and other residential care facilities.

3036.

Funding for family planning

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, for necessary expenses for making grants and contracts under section 1001 of the Public Health Service Act (42 U.S.C. 300).

3037.

Funding for children under the care of the Department of Health and Human 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, $425,000,000, to remain available until expended, for expenses incurred in preparing for and providing child care, education services, health care services, case management services, or other necessary services for children in the care of personnel employed by or under a grant, cooperative agreement, or contract with the Department of Health and Human Services (or agency, subdivision, or office thereof).

(b)

Use of funds

Amounts made available pursuant to subsection (a) shall be used for—

(1)

costs related to capacity to provide care to children described in such subsection;

(2)

costs related to the recruiting, hiring, and training of additional staff;

(3)

activities to detect, diagnose, trace, treat, and monitor SARS–CoV–2 and COVID–19 infections and related strategies and activities to mitigate the spread of SARS–CoV–2 and COVID–19;

(4)

the purchase, procurement, or distribution of in vitro diagnostic products (as defined in section 809.3(a) of title 21, Code of Federal Regulations) for the detection or diagnosis of SARS–CoV–2 and the virus that causes COVID–19 or supplies necessary for administering tests to such children and staff caring for such children;

(5)

distribution of COVID–19 vaccines licensed under section 351 of the Public Health Service Act (42 U.S.C. 262) or authorized for emergency use under section 564 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb–3) for such children or staff caring for such children; or

(6)

the purchase, procurement, or distribution of personal protective equipment or other measures for mitigation and prevention of COVID–19 transmission among such children and staff caring for such children.

3038.

Funding for Office of Inspector General

In addition to amounts otherwise available, there is appropriated 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 available 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.

5

Indian Health

3041.

Funding for Indian health

(a)

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, $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 Purchased/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 subsection for Urban Indian organizations (as defined in section 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;

(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 and behavioral health prevention and treatment services, for the purposes described in subparagraph (C) and paragraph (2) as related to mental and behavioral health, and for other related activities;

(2)

$600,000,000 shall be for the lease, purchase, construction, alteration, renovation, or equipping of health facilities to respond to COVID–19, and for maintenance and improvement 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 available 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 emergency 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 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.

6

Mental Health and Substance Use Disorder

3051.

Funding for block grants for community mental health services

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, 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.

3052.

Funding for block grants for prevention and treatment of substance abuse

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, 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 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.

3053.

Funding for mental and behavioral health 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, academic 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 promoting 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 individuals, in evidence-informed strategies for reducing and addressing suicide, burnout, and mental and behavioral health conditions (including substance use disorders) among health care professionals.

3054.

Funding for education and awareness campaign encouraging healthy work conditions and use of mental and behavioral health services 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 consultation 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 and behavioral health conditions and secondary and tertiary prevention by encouraging health care professionals to seek support and treatment for their own behavioral health concerns;

(2)

help such professionals to identify risk factors in themselves and others and respond to such risks;

(3)

include information on reducing or preventing suicide, substance use disorders, burnout, and other mental and behavioral health conditions, and addressing stigma associated with seeking mental and behavioral health support and treatment; and

(4)

consider the needs of rural and medically underserved communities.

3055.

Funding for grants for health care providers to promote mental and behavioral 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 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 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 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 and behavioral health among their providers, other personnel, and members.

3056.

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 Assistant Secretary for Mental Health and Substance Use and in consultation with the Director of the Centers for Disease Control 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, with respect to harms of drug misuse that are exacerbated by the COVID–19 public health emergency.

(2)

Use of grant funds

Grant funds awarded under this section to eligible entities may be used for preventing and controlling the spread of infectious diseases and the consequences 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 individuals to take steps to reduce the negative personal and public health impacts of substance use or misuse.

3057.

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 Assistant Secretary for Mental Health and Substance Use, shall award grants to State, local, Tribal, and territorial governments, Tribal organizations, nonprofit community-based entities, and primary care and behavioral health organizations to address increased community behavioral health needs worsened by the COVID–19 public health emergency.

(2)

Use of grant funds

Grant funds awarded under this section to eligible entities may be used for promoting 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 behavioral 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.

3058.

Funding for the National Child Traumatic Stress Network

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, $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.

3059.

Funding for Project AWARE

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, 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.

3059A.

Funding for youth suicide prevention

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 carrying out sections 520E and 520E–2 of the Public Health Service Act (42 U.S.C. 290bb–36, 290bb–36b).

3059B.

Funding for behavioral health workforce education and training

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, $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).

7

Exchange grant program

3061.

Establishing a grant program for Exchange modernization

(a)

In general

Out of funds appropriated under subsection (b), the Secretary shall award grants to each American Health Benefits Exchange established under subtitle D of title I of the Patient Protection and Affordable Care Act (42 U.S.C. 18021 et seq.) (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 Secretary an application at such time and in such manner, and containing 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 of section 1311 of such Act (42 U.S.C. 18031).

(b)

Funding

There is appropriated, out of any monies in the Treasury not otherwise obligated, $20,000,000, to remain available until expended, for carrying out this section.

B

Medicaid

3101.

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—

(A)

by striking and (D) and inserting (D); and

(B)

by striking the semicolon at the end and inserting ; (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 at least 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 at least 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 vaccines described in section 1905(a)(4)(E) and the administration 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 section after (described in subsection (z)(2));

(C)

by striking cancer (XV) and inserting cancer, (XV);

(D)

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 section after described in subsection (k)(1);

(E)

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 section after family planning setting;

(F)

by striking and (XVIII) and inserting (XVIII);

(G)

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

(H)

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 law limiting such individual’s eligibility for medical assistance under such plan or waiver to coverage for a limited type of benefits and services 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 section 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 subparagraphs:

(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 at least 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)); 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 at least 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 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

Section 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 at least 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 at least 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 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 treatment

(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 described in subparagraph (F) of section 1905(a)(4) of such Act, as added by paragraph (1), or described in the subclause (XVIII) in the matter following subparagraph (G) of section 1902(a)(10) of such Act, as added by paragraph (2), that is—

(i)

furnished as medical assistance in accordance with such subparagraph (F) or subclause (XVIII), as applicable, for the treatment, or prevention, of COVID-19, as described in such subparagraph of 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 described in such subparagraph (F) or such subclause (XVIII), 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 amended by adding at the end the following new subparagraph:

(E)

Drugs and biological products described in section 1905(a)(4)(F) and subclause (XVIII) in the matter following subparagraph (G) of section 1902(a)(10) that are furnished as medical assistance in accordance with such section or clause, respectively, for the treatment or prevention, of COVID–19, as described in such subparagraph of subclause, respectively.

.

(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

Notwithstanding 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 at least 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 vaccines; 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 covered 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 administration of such a vaccine), shall be equal to 100 percent.

(2)

Period described

The period described in this paragraph is the period that—

(A)

begins on the first day of the first quarter beginning after the date of the enactment of this subsection; and

(B)

ends on the last day of the first quarter that begins at least 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.

.

3102.

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 assistance 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 assistance 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 (beginning on the last day of her pregnancy) ends.

(B)

Full benefits during pregnancy and throughout the 12-month postpartum period

The medical assistance provided for a pregnant or postpartum individual 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 assistance 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.

.

(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 at least one year after the date of the enactment of this Act.

3103.

Allowing for medical assistance under Medicaid for inmates during 30-day period preceding release

The subdivision (A) following paragraph (30) of section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended by inserting and, during the 5-year period beginning on the first day of the first fiscal year quarter that begins at least one year after the date of the enactment of the American Rescue Plan Act of 2021, except during the 30-day period preceding the date of release of such individual from such public institution after medical institution.

3104.

Enhanced Federal Medicaid support for community-based mobile crisis intervention services

Section 1903 of the Social Security Act (42 U.S.C. 1396b) is amended by adding at the end the following new subsection:

(bb)

Bundled community-based mobile crisis intervention services

(1)

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 subsection, provide medical assistance, through bundled payments, for qualifying community-based mobile crisis intervention services under a State plan amendment or waiver approved under section 1115 or subsection (b) or (c) of section 1915.

(2)

Qualifying community-based mobile crisis intervention services defined

For purposes of this subsection, 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—

(A)

furnished to an individual otherwise eligible for medical assistance under the State plan (or waiver of such plan) who is—

(i)

outside of a hospital or other facility setting; and

(ii)

experiencing a mental health or substance use disorder crisis;

(B)

furnished by a multidisciplinary mobile crisis team—

(i)

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 permitted scope of practice under State law, and other professionals 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);

(ii)

whose members are trained in trauma-informed care, de-escalation strategies, and harm reduction;

(iii)

that is able to respond in a timely manner and, where appropriate, provide—

(I)

screening and assessment;

(II)

stabilization and de-escalation;

(III)

coordination with, and referrals to, health, social, and other services and supports as needed; and

(IV)

assistance in facilitating the individual’s access to emergency or nonemergency (as applicable) transportation services under the State plan (or waiver of such plan) to ensure access to the next step in care or treatment;

(iv)

that maintains relationships with relevant community partners, including medical and behavioral health providers, primary care providers, community health centers, crisis respite centers, managed care organizations (if applicable), entities able to provide assistance with application and enrollment in the State plan or a waiver of the plan, entities able to provide assistance with applying for and enrolling in benefit programs, entities that provide assistance with housing (such as public housing authorities, Continuum of Care programs, or not-for-profit entities that provide housing assistance), and entities that provide assistance with other social services;

(v)

that coordinates with crisis intervention hotlines and emergency response systems;

(vi)

that maintains the privacy and confidentiality of patient information consistent with Federal and State requirements; and

(vii)

that operates independently from (but may coordinate with) State or local law enforcement agencies;

(C)

available 24 hours per day, every day of the year; and

(D)

voluntary to receive.

(3)

Payments

(A)

In general

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 paragraph (1) that a State meets the requirements described in paragraph (4), the Federal medical assistance percentage applicable to amounts expended by the State for medical assistance, through bundled payments described in paragraph (1), 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.

(B)

Exclusion of expenditures from territorial caps

Expenditures for medical assistance consisting of qualifying community-based mobile crisis intervention services furnished in a territory during a quarter with respect to which subparagraph (A) applies to such territory shall not be taken into account for purposes of applying payment limits under subsections (f) and (g) of section 1108.

(4)

Requirements

The requirements described in this paragraph are the following:

(A)

The State demonstrates, to the satisfaction of the Secretary—

(i)

that it will be able to support the provision of qualifying community-based mobile crisis intervention services that meet the conditions specified in paragraph (2); and

(ii)

how it will support coordination between mobile crisis teams and community partners, including health care providers, to enable the provision of services, needed referrals, and other activities identified by the Secretary.

(B)

The State provides assurances satisfactory to the Secretary that—

(i)

any additional Federal funds received by the State for qualifying community-based mobile crisis intervention services provided under this subsection that are attributable to the increased Federal medical assistance percentage under paragraph (3)(A) will be used to supplement, and not supplant, the level of State funds expended for such services for the fiscal year preceding the first fiscal quarter occurring during the period described in paragraph (1);

(ii)

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 subsection during each month occurring during the period described in paragraph (1) for which the Federal medical assistance percentage under paragraph (3)(A) is applicable with respect to the State.

(5)

Funding for State planning grants

There is appropriated, out of any funds in the Treasury not otherwise appropriated, $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 amendment to such a waiver) to provide qualifying community-based mobile crisis intervention services under this subsection, to remain available until expended.

.

3105.

Temporary increase in FMAP for medical assistance under State Medicaid plans which begin to expend amounts for certain mandatory individuals

Section 1905 of the Social Security Act (42 U.S.C. 1396d), as amended by section 3101 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.

.

3106.

Extension of 100 percent Federal medical assistance 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 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 assistance 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.

3107.

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, 2023,.

3108.

Additional support for Medicaid home and community-based services during the COVID–19 emergency period

(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 conditions 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 7.35 percentage points with respect to expenditures of the State under the State Medicaid program for home and community-based services (as defined in paragraph (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 expenditures. 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 subsections (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:

(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 paragraph (24) of such section.

(iii)

PACE services authorized under paragraph (26) of such section.

(iv)

Home and community-based services authorized 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 coverage 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)

COVID–19 public health emergency period

The term COVID–19 public health emergency period means the portion of the emergency period described in paragraph (1)(B) of section 1135(g) of the Social Security Act (42 U.S.C. 1320b–5(g)) beginning on or after the date of the enactment of this Act.

(D)

Eligible individual

The term eligible individual 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.

(E)

Medicaid program

The term Medicaid program 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).

(F)

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 conditions (referred to in subsection (a) as the HCBS program conditions):

(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 one or more of the following activities to enhance, expand, or strengthen home and community-based services under the State Medicaid program:

(A)

Increase rates for home health agencies, PACE organizations whose members provide direct care, and agencies or beneficiaries that employ direct support professionals (including independent providers in a self-directed or consumer-directed model) to provide home and community-based services under the State Medicaid program, if elected by the beneficiary for continuation of care, provided that any agency, beneficiary, or other individual that receives payment under such an increased rate increases the compensation it pays its home health workers or direct support professionals.

(B)

Provide paid sick leave, paid family leave, and paid medical leave for home health workers and direct support professionals.

(C)

Provide hazard pay, overtime pay, and shift differential pay for home health workers and direct support professionals.

(D)

Provide home and community-based services to eligible individuals in order to reduce waiting lists for programs approved under sections 1115 or 1915 of the Social Security Act (42 U.S.C. 1315, 1396n).

(E)

Purchase emergency supplies and equipment, which may include items not typically covered under the Medicaid program necessary to enhance access to services and to protect the health and well-being of home health workers and direct support professionals.

(F)

Recruit new home health workers and direct support professionals.

(G)

Support family care providers of eligible individuals with needed supplies and equipment, which may include items not typically covered under the Medicaid program, such as personal protective equipment, and pay.

(H)

Pay for training for home health workers and direct support professionals that is specific to the COVID–19 public health emergency.

(I)

Pay for assistive technologies, staffing, and other costs incurred during the COVID–19 public health emergency period in order to mitigate isolation and ensure an individual’s person-centered service plan continues to be fully implemented.

(J)

Prepare information and public health and educational materials in accessible formats (including formats accessible to people with low literacy or intellectual disabilities) about prevention, treatment, recovery and other aspects of COVID–19 for eligible individuals, their families, and the general community served by community partners, such as Area Agencies on Aging, Centers for Independent Living, nonprofit home and community-based services providers, and other entities providing home and community-based services.

(K)

Pay for American sign language and other languages interpreters to assist in providing home and community-based services to eligible individuals and to inform the general public about COVID–19.

(L)

Pay for retainer payments for home and community-based services providers, including home health workers and direct support professionals (regardless of whether such payments directly benefit a beneficiary) which may be provided without limits on duration during the COVID–19 public health emergency period.

(M)

Pay for other expenses deemed appropriate by the Secretary to enhance, expand, or strengthen Home and Community-Based Services and expenses which meet the criteria of the home and community-based settings rule published on January 16, 2014.

(N)

Support (including by paying for moving costs, security deposits or first month’s rent, one-time stocking of food products sufficient for the initial month, and other one-time expenses and start-up costs) transitions from institutional settings, congregate community settings, and homeless shelters or other temporary housing for individuals who are eligible for home and community-based services.

(O)

Assist eligible individuals in receiving mental health services and necessary rehabilitative service to regain skills lost during the COVID–19 public health emergency period.

(P)

Assist eligible individuals who had to relocate to a nursing facility or institutional setting from their homes during the COVID–19 public health emergency period, who were isolated in their homes during such period, or who moved into congregate non-institutional settings as a result of such period, in—

(i)

moving back to their homes (including by paying for moving costs, security deposits or first month’s rent, one-time stocking of food products sufficient for the initial month, and other one-time expenses and start-up costs); and

(ii)

continuing home and community-based services for eligible individuals who were served from a waiting list for such services during the public health emergency period.

3109.

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) to increase the capacity of such a State to respond to COVID–19 by allowing such a State to establish and implement a strike team that will be deployed to a 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).

.

C

Children’s Health Insurance Program

3201.

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 at least 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 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 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 section 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) furnished 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 in section 1905(a)(4)(E) (and the administration of such a vaccine), 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 paragraphs (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 subsection (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, commonwealth, 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 subsequent 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, commonwealth, 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 administration of such vaccines).

.

3202.

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, but only if the State has elected to apply such paragraph (16) with respect to pregnant women under title XIX and provides child health assistance for targeted low-income children who are pregnant or has elected under section 2112(a) to provide pregnancy-related assistance for targeted low-income pregnant women and, in the case of such a State, the provision of assistance under the State child health plan for such targeted low-income children or targeted low-income pregnant women (as applicable) during pregnancy and the 12-month postpartum period shall be required and not at the option of the State, and subparagraph (B) of section 1902(e)(16) shall be applied to the State child health plan or waiver as requiring coverage of all items or services provided to a targeted low income children or targeted low-income pregnant woman (as applicable) under such plan or waiver).

.

(2)

Optional coverage of targeted low-income pregnant 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 paragraph (16) of section 1902(e) of the Social Security Act (42 U.S.C. 1396a(e)), as added by section 3102(a) of subtitle B of this title, during the 5-year period beginning on the 1st day of the 1st fiscal year quarter that begins at least one year after the date of the enactment of this Act.

D

Other Provisions

1

Ensuring Environmental Health and Ratepayer Protection During the Pandemic

3301.

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 implement the environmental justice purposes and objectives described in Executive Order 12898 titled Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations (59 Fed. Reg. 7629), as amended; section 219 of Executive Order 14008 titled Tackling the Climate Crisis at Home and Abroad (86 Fed. Reg. 7619); and the Environmental Protection Agency’s Environmental Justice 2020 Action Agenda, published May 22, 2016; 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 administrative costs necessary to carry out activities funded pursuant to such subsection.

(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.

3302.

Funding for LIHEAP

In addition to amounts otherwise available, there is appropriated 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 payments 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;

(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; and

(3)

with respect to amounts appropriated under this section for fiscal year 2021, notwithstanding section 2604(d) of such Act (42 U.S.C. 8623(d)), the Secretary shall reserve under such section 2604(d) amounts for Indian tribes that bear the same ratio, for each Indian tribe, that the amount reserved for the Indian tribe, from funds appropriated for such payments for fiscal year 2021 before the date of enactment of this section, bore to the amount allotted to the applicable State for such payments from any such appropriated funds.

3303.

Funding for water assistance program

(a)

In general

In addition to amounts otherwise available, there is appropriated to the Secretary of Health and Human Services for fiscal year 2021, out of any amounts in the Treasury not otherwise appropriated, $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 proportion of household income for drinking water and wastewater services, 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

(2)

reserve up to 3 percent of the amount appropriated in this section for Indian Tribes and tribal organizations.

2

Distance Learning and Consumer Protection During the COVID–19 Pandemic

3311.

Funding for consumer product safety fund to protect consumers from potentially dangerous products related to COVID–19

(a)

Appropriation

In addition to amounts otherwise available, there is appropriated to the Consumer Product Safety Commission for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $50,000,000, to remain available until September 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 consumer 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, particularly 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 disadvantaged individuals and other vulnerable populations.

(c)

Definitions

In this section—

(1)

the term Commission means the Consumer Product Safety Commission;

(2)

the term de minimis shipments means articles containing consumer products entering the United States under the de minimis value exemption in section 321(a)(2)(C) of the Tariff Act of 1930 (19 U.S.C. 1321(a)(2)(C));

(3)

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;

(4)

the term COVID–19 emergency period means the period during which a public health emergency declared pursuant 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

(5)

the term COVID–19 products means products whose risks have been significantly affected by COVID–19 or whose sales have materially increased during the COVID–19 emergency period as a result of the COVID–19 pandemic.

3312.

Funding for E-Rate support for emergency educational 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 available from the Emergency Connectivity Fund, of support under paragraphs (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 services (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 telecommunications 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)

$7,599,000,000, to remain available until September 30, 2030, for—

(i)

the provision of support under the covered regulations; 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 provided 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)).

(2)

Commission

The term Commission means the Federal 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 telecommunications and information services.

(4)

Covered regulations

The term covered regulations 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 Secretary 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 determination (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)), except as provided in paragraph (10).

(8)

Emergency Connectivity Fund

The term Emergency Connectivity Fund means the fund established under subsection (c)(1).

(9)

Library

The term library includes a library consortium.

(10)

Tribal library

The term Tribal library means, only during a COVID–19 emergency period, a facility owned by an Indian Tribe, serving Indian Tribes, or serving American Indians, Alaskan Natives, or Native Hawaiian communities, including—

(A)

a library or library consortium; or

(B)

a government building, chapter house, longhouse, community center, or other similar public building;

and such facility need not comply with the portion of paragraph (4) of section 254(h) of the Communications Act of 1934 (47 U.S.C. 254(h)) relating to eligibility for assistance from a State library administrative agency.
(11)

Wi-fi

The term Wi-Fi means a wireless networking protocol based on Institute of Electrical and Electronics Engineers standard 802.11 (or any successor standard).

(12)

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.

3

Oversight of Department of Commerce Prevention and Response to COVID–19

3321.

Funding for Department of Commerce Inspector General

In addition to amounts otherwise available, there is appropriated 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, domestically or internationally.

IV

Committee on Financial Services

A

Defense Production Act of 1950

4001.

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 until September 30, 2025, to carry out titles I, III, and VII of the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) 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 government-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 (as defined in section 809.3(a) of title 21, Code of Federal Regulations) 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 facepiece respirators, and any other masks or equipment (including durable medical equipment) determined by the Secretary of Health and Human Services to be needed to respond to the COVID–19 pandemic, and the materials, machinery, additional manufacturing lines or facilities, or other technology necessary to produce such equipment; and

(C)

drugs and devices (as those terms are defined in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.)) and biological products (as that term is defined by section 351 of the Public Health Service Act (42 U.S.C. 262)) that are approved, cleared, licensed, or authorized under either of such Acts for use in treating or preventing COVID–19 and symptoms related to COVID–19, and any materials, manufacturing machinery, additional manufacturing or fill-finish lines or facilities, technology, or equipment (including durable medical equipment) 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 that the Secretary of Health and Human Services determines to be 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.

(c)

Delegation authority

For purposes of using amounts appropriated in subsection (a), the President shall only delegate authority to—

(1)

with respect to any uses described under subsection (b), the Secretary of Health and Human Services;

(2)

with respect to uses described under subsection (b)(1), the head of any other agency responsible for responding to the COVID-19 pandemic if the President determines that such delegation is important to an effective response to such pandemic; and

(3)

with respect to uses described under subsection (b)(2), the head of any other agency responsible for responding to any pathogen with the potential for creating a public health emergency if the President determines that such delegation is important to an effective response to a public health emergency that may be created by such pathogen.

(d)

Application of limitations under the Defense Production Act of 1950

The requirements described in section 304(e) of the Defense Production Act of 1950 (50 U.S.C. 4534(e)) shall not apply to the funds appropriated in subsection (a) until September 30, 2025.

B

Housing Provisions

4101.

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, $19,050,000,000, 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 section to the Commonwealth of Puerto Rico, the United States 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; and

(C)

$3,000,000 for administrative expenses of the Inspector General relating to oversight of funds provided in this section.

(b)

Allocation for rental and utility assistance

(1)

Allocation for States and units of local government

(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 (i)(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 subtitle 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 4101 of the American Rescue Plan Act of 2021 for under this section; 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 4101 of the American Rescue Plan Act of 2021 and will use the funds in a manner consistent with such section for local government’s proposed uses of the funds are consistent with subsection (d).

(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 appropriated amount described in such subparagraph.

(2)

Allocations for territories

The amount reserved under subsection (a)(2)(A) shall be allocated to eligible grantees described in subsection (i)(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 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 this Act 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 appropriated under subsection (a)(1) with the amount equal to 0.3 percent of the amount appropriated under subsection (a)(1) of this Act.

(c)

Payment schedule

(1)

In general

The Secretary shall pay all eligible grantees not less than 50 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, provided 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.

(ii)

Limitation

The aggregate amount of financial 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 payments 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 under subparagraphs (A), (B), and (D), respectively, 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 housing 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

After September 30, 2022, the Secretary shall reallocate funds allocated to eligible grantees in accordance 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 (2) of this subsection.

(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)

Inapplicability of Paperwork Reduction Act

Subchapter I of chapter 35 of title 44, United States Code, shall not apply to the collection of information for reporting or research requirements specified in this section if the Secretary determines it is necessary to expedite the efficient use of funds under this section.

(g)

Treatment of assistance

Assistance provided to a household from a payment made under this section shall not be regarded as income and shall not be regarded as a resource for purposes of determining the eligibility of the household or any member of the household for benefits or assistance, or the amount or extent of benefits or assistance, under any Federal program or under any State or local program financed in whole or in part with Federal funds.

(h)

Information required by Secretary

Each eligible grantee that receives an allocation of funds under subsection (b) and at least one payment under subsection (c) shall submit to the Secretary information required by the Secretary to monitor and evaluate activities carried out by the eligible grantee under subsection (d).

(i)

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 financial 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 Appropriations Act, 2021 (Public Law 116–260).

(j)

Availability

Funds provided to an eligible grantee under a payment made under this section shall remain available through September 30, 2025.

(k)

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”.

4102.

Emergency housing vouchers

(a)

Appropriation

In addition to amounts otherwise available, 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);

(3)

fees for the costs of administering vouchers under subsection (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 Assistance Act (42 U.S.C. 11360(1)));

(C)

fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking, or human trafficking; 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 instability.

(3)

Allocation

Public housing agencies shall be notified of the number of emergency vouchers allocated pursuant to this section 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 reasonable period of time, the Secretary may revoke and redistribute any unleased vouchers and associated funds, including administrative fees and costs referred to in subsection (a)(3), to other public housing agencies according to the formula under paragraph (3).

(5)

Waivers and alternative requirements

Any provision of any statute or regulation used to administer the amounts made available under this section (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), shall be waived upon a finding that any such waivers or alternative requirements are 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 technology, 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 provisions of this section may be implemented by notice.

4103.

Emergency assistance for rural housing

In addition to amounts otherwise 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, 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 assistance.

4104.

Housing assistance and supportive services programs for Native Americans

(a)

Appropriation

In addition to amounts otherwise available, there is appropriated 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. 5301 et seq.), which shall be made available as follows:

(1)

Housing block grants

$455,000,000 shall be available 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 available under this paragraph, $5,000,000 shall be for grants under title VIII of NAHASDA.

(C)

Use

Amounts made available under this paragraph 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 available under subparagraph (B) shall 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 as of January 21, 2020.

(E)

Waivers

Any provision of statute or regulation used to administer amounts made available under this paragraph (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), shall be waived upon a finding that any such waivers or alternative requirements are 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 voluntarily 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 paragraph shall be used, without competition, 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 development 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 as of January 21, 2020.

(D)

Inapplicability of public services cap

Notwithstanding section 105(a)(8) of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)(8)), there shall be no per centum limitation for the use of funds made available under this paragraph for public services activities to prevent, prepare for, and respond to coronavirus.

(E)

Waivers

Any provision of any statute or regulation used to administer amounts made available under this paragraph (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), shall be waived upon a finding that any such waivers or alternative requirements are necessary to expedite or facilitate the use of amounts made available under this paragraph.

(3)

Technical assistance

$10,000,000 shall be used, without competition, 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, and tribally designated housing entities for activities under this section.

(4)

Other costs

$5,000,000 shall be used for the administrative costs to oversee and administer the implementation of this section, and pay for associated information technology, financial reporting, and other costs.

4105.

Housing counseling

(a)

Appropriation

In addition to amounts otherwise available, there is appropriated to the Neighborhood Reinvestment Corporation (in this section referred to as the “Corporation”) 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 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 populations.

(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 administration in order to cover its expenses related to program administration and oversight.

(d)

Housing counseling services defined

For the purposes 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 subgrantees that receive funds under this section.

4106.

Homelessness assistance and supportive services program

(a)

Appropriation

In addition to amounts otherwise available, there is appropriated 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));

(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;

(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. 12749(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 development 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 planning 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 nonprofit 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 contracted.

(d)

Allocation

(1)

Formula assistance

Except as provided in paragraphs (2) and (3), amounts made available under this section shall be allocated pursuant to section 217 of the Act (42 U.S.C. 12746) to grantees that received allocations pursuant to that same formula in fiscal year 2021, and such allocations shall be made 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, 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 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 technology, financial reporting, and other costs.

(4)

Waivers

Any provision of any statute or regulation used to administer the amounts made available under this section (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), may be waived upon a finding that any such waivers or alternative requirements are necessary to expedite or facilitate the use of amounts made available in this section.

4107.

Homeowner Assistance Fund

(a)

Appropriation

In addition to amounts otherwise available, there is appropriated to 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 Mortgage 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 individuals.

(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

(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 Assistance 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 Mariana Islands.

(c)

Establishment of Fund

(1)

Establishment; qualified expenses

There is established in the Department of the Treasury a Homeowner Assistance Fund to mitigate financial hardships associated with the coronavirus pandemic by providing such funds as are appropriated by subsection (a) to eligible entities, and to require an eligible entity that receives funds pursuant to this section to periodically submit to the Secretary a report that describes the activities carried out by the eligible entity using the funds provided under this section, 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, 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 regulation);

(iii)

property taxes;

(iv)

homeowner’s insurance, flood insurance, and mortgage insurance; and

(v)

homeowner’s association, condominium association fees, or common charges;

(F)

reimbursement of funds expended by a State, local government, or designated entity under subsection (e) 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 individuals or otherwise providing funds to prevent foreclosure or eviction of a homeowner or tenant 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 eviction, mortgage delinquency or default, foreclosure, or the loss of utility or home energy services, as determined by the Secretary.

(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 homeowners 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 populations or geographies experiencing the greatest need.

(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 oversight 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 establish such criteria as are necessary to 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, taking into consideration, 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—

(A)

the average number of unemployed individuals measured over a period of time not fewer than 3 months and not more than 12 months;

(B)

the total number or 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 $40,000,000 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 determined 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 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 90th 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 reallocate any funds that were not requested by such State among the States that have requested funds by the 90th day after the date of enactment of this Act. For any such reallocation 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 mortgage default, foreclosure, or displacement, including homeowners 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 allocate the funds set aside under paragraph (1) using the allocation formulas described in 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), 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 subsection may be further adjusted as provided by section 501(b)(2)(B) of subtitle A of title V of division N of the Consolidated Appropriations Act, 2021 (Public Law 116-260).

4108.

Relief measures for section 502 and 504 direct loan borrowers

(a)

Appropriation

In addition to amounts otherwise available, there is appropriated 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.

C

Small Business (SSBCI)

4201.

Reauthorization of the State Small Business Credit Initiative Act of 2010

(a)

Reauthorization

(1)

In general

The State Small Business Credit Initiative 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 follows:

(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 paragraph (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 Secretary;

(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 governments

(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 individually 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 purposes 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 transferred

(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.

(B)

Reallocation

Any amount deemed by the Secretary 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 enactment 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 reauthorize, expand, and enhance the State Small Business Credit Initiative established under the State Small Business Credit Initiative Act of 2010, including to provide support to small businesses responding to and recovering from the economic effects of the COVID–19 pandemic, 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 administering such Initiative.

(B)

Rescission

With respect to amounts appropriated 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 enterprises 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 enterprises 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—

(1)

ensure that $1,500,000,000 from funds allocated under this section shall be allocated to States to be expended for business enterprises owned and controlled by socially and economically disadvantaged individuals;

(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);

(3)

oversee the States’ use of these funds to ensure they directly support business enterprises owned and controlled by socially and economically disadvantaged individuals; and

(4)

establish a minimum amount of support that a State shall provide to business enterprises owned and controlled by socially and economically disadvantaged individuals.

(e)

Incentive allocations to support business enterprises 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 Initiative 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 ensure that not less than $500,000,000 from funds allocated under this section shall 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)

CDFI and MDI participation plan

Section 3004 of the State Small Business Credit Initiative Act of 2010 (12 U.S.C. 5703) is amended by adding at the end the following:

(e)

CDFI and MDI participation plan

The Secretary may not approve a State to be a participating State unless the State has provided the Secretary with a plan detailing how minority depository institutions and community development financial institutions will be encouraged to participate in State programs.

.

(e)

Pandemic response plan

Section 3004 of the State Small Business Credit Initiative Act of 2010 (12 U.S.C. 5703), as amended by subsection (c), is further amended by adding at the end the following:

(f)

Pandemic response plan

The Secretary may not approve a State to be a participating State unless the State has provided the Secretary with a description of how the State will expeditiously utilize funds to support small businesses, including business enterprises owned and controlled by socially and economically disadvantaged individuals, in responding to and recovering from the economic effects of the COVID–19 pandemic.

.

(f)

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 assistance 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 priority 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 Development Agency, so that the Agency may use such amounts in a manner the Agency determines appropriate, including 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 individuals), 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.

.

(g)

Multi-State participation program

Section 3009 of the State Small Business Credit Initiative Act of 2010 (12 U.S.C. 5708), as amended by subsection (d)(2), is further amended by adding at the end the following:

(f)

Multi-State participation program

The Secretary may establish a multi-State participation program under which—

(1)

the Secretary determines which State programs are similar to each other, with respect to eligibility criteria and such other criteria as the Secretary determines appropriate; and

(2)

a State may elect to automatically deem a person eligible for a State program if the person is already participating in another State’s State program that the Secretary has determined is similar under paragraph (1).

.

(h)

Approval of multi-State programs

Section 3004 of the State Small Business Credit Initiative Act of 2010 (12 U.S.C. 5703), as amended by subsection (d), is further amended by adding at the end the following:

(g)

Approval of multi-State programs

In approving State programs under section 3005 or 3006, the Secretary may approve a State program carried out jointly by more than one State.

.

(i)

Predatory lending prohibited

Section 3004 of the State Small Business Credit Initiative Act of 2010 (15 U.S.C. 5702), as amended by subsection (g), is further amended by adding at the end the following:

(h)

Predatory lending prohibited

The Secretary may not approve a State to be a participating State unless the State has agreed that no lending activity supported by amounts received by the State under the Program would result in predatory lending, as determined by the Secretary.

.

(j)

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 governments that jointly apply for an allocation.

.

(k)

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 individuals;

(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 community which the institution services is predominantly comprised of socially and economically disadvantaged individuals.

(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 individual

The term socially and economically disadvantaged individual means an individual who is a socially disadvantaged individual or an economically disadvantaged individual, as such terms are defined, respectively, under section 8 of the Small Business Act (15 U.S.C. 637) and the regulations thereunder.

(19)

Tribal government

The term Tribal government means a government of an Indian Tribe listed on the list of recognized Tribes published by the Secretary of the Interior under section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).

(l)

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.

D

Airlines

4301.

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, security, airport ticketing and check-in functions, ground-handling of aircraft, or aircraft cleaning and sanitization 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;

(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 compensation 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—

(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 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 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 compensation 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

To preserve aviation jobs and compensate air carrier industry workers, 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.

(B)

Eligible air carriers

The Secretary shall apportion 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 Appropriations 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 streamlined 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 assistance 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 section.

(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.

V

Committee on Oversight and Reform

A

Coronavirus State and Local Fiscal Recovery Funds

5001.

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:

602.

Coronavirus State Fiscal Recovery Fund

(a)

Appropriation

In addition to amounts otherwise available, there is appropriated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $219,800,000,000, to remain available until expended, 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).

(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 subsection (a) 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 among each territory; and

(ii)

50 percent of such amount shall be allocated by the Secretary as an additional amount to each territory in an amount which bears the same proportion to 1/2 of the total amount reserved under subparagraph (A) as the relative 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).

(2)

Payments to Tribal governments

(A)

In general

The Secretary shall reserve $20,000,000,000 of the amount appropriated under subsection (a) 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 Secretary equally among each Tribal government; and

(ii)

$19,000,000,000 shall be allocated by the Secretary among each Tribal government in an amount determined 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).

(3)

Payments to each of the 50 States and the District of Columbia

(A)

In general

The Secretary shall reserve $195,300,000,000 of the amount appropriated under subsection (a) 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 allocated 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 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 proportion 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 in 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

The Secretary shall pay each of the 50 States and the District of Columbia the total of the amounts allocated for the State and District of Columbia under subparagraph (B).

(4)

Population data

For purposes of determining allocations for a State or territory under this section, the population of the State or territory shall be determined based on the most recent data available from the Bureau of the Census.

(5)

Timing

(A)

In general

Subject to subparagraph (B), to the extent practicable, with respect to each State, territory, and Tribal government allocated a payment under this subsection, the Secretary shall make the payment required for the State, territory, or Tribal government (as applicable) not later than 60 days after the date on which the certification required under subsection (d) is provided to the Secretary.

(B)

Exception

With respect to the amount allocated to the District of Columbia under paragraph (3)(B)(ii)—

(i)

the Secretary shall pay such amount to the District of Columbia not later than 15 days after the date of enactment of this section; and

(ii)

the District of Columbia shall not be required to submit a certification under subsection (d) as a condition for receiving such payment.

(6)

Pro rata adjustment authority

The amounts otherwise determined for allocation and payment under paragraphs (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 territories, Tribal governments, and States in accordance with the requirements specified in each paragraph (as applicable) and the certification requirement specified in subsection (d).

(c)

Requirements

(1)

Use of funds

A State, territory, or Tribal government shall only use the funds provided under a payment made under this section to—

(A)

respond to or mitigate the public health emergency with respect to the Coronavirus Disease 2019 (COVID–19) or its negative economic impacts;

(B)

cover costs incurred as a result of such emergency;

(C)

replace revenue that was lost, delayed, or decreased (as determined based on revenue projections for the State, Tribal Government, or territory as of January 27, 2020) as a result of such emergency; or

(D)

address the negative economic impacts of such emergency.

(2)

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 public benefit corporation involved in the transportation of passengers or cargo, a special-purpose unit of State or local government, or a multi-State entity involved in the transportation of passengers or cargo.

(d)

Certification of need and intended uses

In order to receive a payment under this section (other than the payment made in accordance with subsection (b)(5)(B)), a State, territory, or Tribal government shall provide the Secretary with a certification signed by the authorized officer of such State, territory, or Tribal government, that—

(1)

such State, territory, or Tribal government requires Federal assistance under this section to effectively carry out the activities specified in subsection (c); and

(2)

such State, territory, or Tribal government’s intended uses of any payment under this section are consistent with subsection (c).

(e)

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 and the District of Columbia.

(3)

Territory

The term territory means the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa.

(4)

Tribal government

The term Tribal Government means the recognized governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component 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).

603.

Coronavirus Local Fiscal Recovery Fund

(a)

Appropriation

In addition to amounts otherwise available, there is appropriated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $130,200,000,000, to remain available until expended, for making payments under this section to metropolitan cities, nonentitlement units of local government, and counties to mitigate the fiscal effects stemming 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 allocate and pay to each metropolitan city an amount determined for the metropolitan city pursuant to the formula under section 106(b)(1) of the Housing and Community Development Act of 1974 (42 U.S.C. 5306(b)(1)), 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 allocate and pay to each State an amount which bears the same proportion to such reserved amount as the total population of all nonentitlement units of local government in the State bears to the total population of all nonentitlement units of local government in all such States.

(C)

Distribution to nonentitlement units of local government

(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 distributions under clause (i) certifies in writing to the Secretary before the end of the 30-day distribution 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 authorized 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, the 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 extension of such period only if—

(AA)

the authorized officer making such request provides a written plan to the Secretary specifying, for each distribution 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 certifies in writing that the actions specified in such plan are likely sufficient for the State to make all such distributions before 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 specified in item (aa).

(iii)

Capped amount

The total amount distributed to a nonentitlement unit of local government under this paragraph may not exceed the amount equal to 75 percent of the most recent budget for the nonentitlement unit of local government as of January 27, 2020.

(iv)

Redistribution of excess amounts

Any amounts not distributed to a nonentitlement unit of local government as a result of the application of clause (iii) shall be retained or paid as follows:

(I)

50 percent of all such undistributed amounts shall be retained by the State.

(II)

Subject to the payment limit under clause (iii), the remainder of all such undistributed amounts shall be allocated and paid by the State to each nonentitlement unit of local government in the State an amount that bears the same proportion to such remainder as the population of the nonentitlement unit of local government bears to the total population of all nonentitlement units of local government in the State.

(v)

Adjustment authority

A State may make pro rata adjustments to the allocations determined under clause (iv)(II) as necessary to comply with clause (iii) and ensure that all available funds are distributed to nonentitlement units of local government in a State.

(D)

Penalty for noncompliance

If, by the end of the 120-day period that begins on the date a State receives a payment 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 deposited into the general fund of the Treasury.

(3)

Counties

(A)

Amount

From the amount appropriated under subsection (a), the Secretary shall reserve $65,100,000,000 of such amount to make payments directly to counties within the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa in an amount which bears the same proportion to the total amount reserved under this paragraph as the relative population of each such county bears to the total population of all such entities.

(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 paragraph 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 units of general local government within such county in an amounts that bear the same proportion as the population of such units of general local government bear 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.

(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 paragraphs (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 requirement specified in subsection (d).

(6)

Population

For purposes of determining allocations under this section, the population of an entity shall be determined 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

To the extent practicable—

(A)

with respect to each metropolitan city allocated a payment under paragraph (1) and each county allocated a payment under paragraph (3), the Secretary shall make the payment required for the metropolitan city or county (as applicable) not later than 60 days after the date on which the certification required under subsection (d) is provided to the Secretary; and

(B)

with respect to the payments allocated to States under paragraph (2) for distribution to nonentitlement units of local government, the Secretary shall make such payments not later than 60 days after the date of enactment of this section.

(c)

Requirements

(1)

Use of funds

A metropolitan city, nonentitlement unit of local government, or county receiving a payment from funds made available under this section shall only use such amounts to—

(A)

respond to or mitigate the public health emergency with respect to the Coronavirus Disease 2019 (COVID–19) or its negative economic impacts;

(B)

cover costs incurred as a result of such emergency;

(C)

replace revenue that was lost, delayed, or decreased (as determined based on revenue projections for the metropolitan city, nonentitlement unit of local government, or county as of January 27, 2020) as a result of such emergency; or

(D)

address the negative economic impacts of such emergency.

(2)

Transfer authority

A metropolitan city, nonentitlement 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, a special-purpose unit of State or local government, or a multi-State entity involved in the transportation of passengers or cargo.

(d)

Certification of need and intended uses

In order to receive a payment under paragraphs (1) or (3) of subsection (b), a metropolitan city or a county (as each of those terms are defined in subsection (e), shall provide the Secretary with a certification signed by the authorized officer of such metropolitan city or county, that—

(1)

such metropolitan city or county requires Federal assistance under this section to effectively carry out the activities specified in subsection (c); and

(2)

such metropolitan city or county’s intended uses of any payment under this section are consistent with subsection (c).

(e)

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)

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.

(3)

Nonentitlement unit of local government

The term nonentitlement unit of local government means a unit of general local government, other than a county, that is located in a nonentitlement area (as defined in section 102 of the Housing and Community Development Act of 1974 (42 U.S.C. 5302)) of a State (as that term is defined in such section 102).

(4)

Secretary

The term Secretary means the Secretary of the Treasury.

(5)

State

The term State has the meaning given that term in section 102(a)(2) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302 (a)(2).

(6)

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)).

.

(b)

Technical 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 and Fiscal Recovery Funds.

B

Other Matters

5111.

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 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, $570,000,000, to be deposited into the Fund.

(b)

Purpose

Amounts in the Fund shall be available for payment to an agency for the use of paid leave 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 condition;

(7)

is caring for a family member with a mental or physical disability or who is 55 years of age or older and incapable of self-care, without regard to whether another individual other than the employee is available to care for such family member, if the place of care for such family member is closed or the 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 an 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)

may 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 as established by the applicable agency; and

(B)

may not be provided to an employee —

(i)

at a rate that exceeds $35 for each hour of leave taken; and

(ii)

in an amount greater than $1,400 in aggregate for any week.

(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 annuity

Any paid leave provided to an employee under this section shall not count for purposes of determining the annuity of the employee, including an annuity under chapter 83 or 84 of title 5, United States Code.

(d)

Definitions

In this section—

(1)

the term agency means—

(A)

any agency or instrumentality of the executive branch of Government;

(B)

the United States Postal Service and the Postal Regulatory Commission; and

(C)

the Public Defender Service for the District of Columbia and the District of Columbia Courts; and

(2)

the term employee does not include any member of the Armed Forces.

(e)

Clarification

Notwithstanding section 7425(b) of title 38, United States Code, the term agency in subsection (d)(1) includes the Veterans Health Administration.

5112.

Funding for the Government Accountability Office

In addition to amounts otherwise available, there is appropriated 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.

5113.

Pandemic Response Accountability Committee funding availability

In addition to amounts otherwise available, there is appropriated 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 promote transparency and support oversight of the Coronavirus response and of funds provided in this Act or any other Act pertaining to the Coronavirus pandemic.

VI

Committee on Small Business

6001.

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 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 concern 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 organizations

Subject to the provisions in this subparagraph, during the covered period—

(aa)

a nonprofit organization shall be eligible to receive a covered loan if the nonprofit 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 subclauses (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.

;

(ii)

in clause (iv)—

(I)

in subclause (III), by striking and at the end;

(II)

in subclause (IV)—

(aa)

by striking (aa);

(bb)

by striking ; or and inserting a semicolon; and

(cc)

by striking item (bb); and

(III)

by adding at the end the following:

(V)

any nonprofit organization, additional covered nonprofit entity, or any organization made eligible for a loan under clause (vii); and

; and

(iii)

by striking clause (vi) and inserting the following:

(vi)

Eligibility of additional covered nonprofit 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 organization;

(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

(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 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 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 Classification 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), by adding at the end the following:

(VI)

any business concern or other organization 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 Industry Classification code, per physical location 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 Classification 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 (VI) of clause (iv), clause (vi), or clause (vii); 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 subclause (II) or (IV) of clause (iii) or subclause (IV) or (VI) 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) or (III) of clause (iii), subclause (IV) or (V) of clause (iv), clause (vi), or clause (vii).

(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 following: , or premiums taken into account in determining the credit allowed under section 6432 of the Internal Revenue Code of 1986.

(2)

Paycheck protection program second draw

Section 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 subsection shall apply only with respect to applications for forgiveness 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), 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 otherwise 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.

6002.

Targeted EIDL advance

(a)

Definitions

In this section—

(1)

the term Administrator means the Administrator of the Small Business Administration;

(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);

(3)

the term severely impacted small business means a covered entity that—

(A)

has suffered an economic loss of greater than 50 percent; and

(B)

employs not more than 10 employees;

(4)

the term substantially impacted small business means a covered entity that—

(A)

employs not more than 10 employees; and

(B)

is not a severely impacted small business; and

(5)

the term supplemental payment means a payment—

(A)

made by the Administrator under section 1110(e) of the CARES Act (15 U.S.C. 9009(e)) to a severely impacted small business or a substantially impacted small business;

(B)

in an amount that is $5,000; and

(C)

that, with respect to a covered entity, is 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).

(b)

Payments

The Administrator shall take the following actions:

(1)

Not later than 14 days after the date of the enactment of this subsection, the Administrator shall begin processing applications for payments, and may make payments, to covered entities 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).

(2)
(A)

During the 14-day period beginning on the date that is 28 days after the date of enactment of this subsection, and subject to the availability of funds, the Administrator shall—

(i)

begin processing applications for supplemental payments to severely impacted small businesses; and

(ii)

continue to process applications for the payments described in paragraph (1).

(B)

During the period described in subparagraph (A), the Administrator may make supplemental payments to severely impacted small businesses, and payments described in paragraph (1), in the order that the Administrator receives applications for those payments.

(3)
(A)

Beginning on the date that is 42 days after the date of enactment of this subsection, and subject to the availability of funds, the Administrator shall—

(i)

begin processing applications for supplemental payments to substantially impacted small businesses; and

(ii)

continue to process applications for the supplemental payments described in paragraph (2) and payments described in paragraph (1).

(B)

During the period described in subparagraph (A), the Administrator may make supplemental payments to substantially impacted small businesses, supplemental payments described in paragraph (2), and payments described in paragraph (1), in the order that the Administrator receives applications for those payments.

(c)

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, $15,000,000,000, to remain available until expended, for carrying out this section.

6003.

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 affiliation shall be determined as of any arrangements or agreements 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 Revitalization Fund established under subsection (b).

(7)

Pandemic-related revenue loss

The term pandemic-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

(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 beginning 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 regulation.

(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 Revitalization Fund.

(2)

Appropriations

(A)

In general

In addition to amounts otherwise available, there is appropriated to the Restaurant Revitalization Fund for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $25,000,000,000, to remain available until expended.

(B)

Distribution

(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)

$20,000,000,000 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 appropriated 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 certification 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)

Prevention of waste, fraud, and abuse

The Administrator may impose requirements on applicants for the purpose of reducing waste, fraud, and abuse.

(C)

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 registration 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 subsection, the Administrator shall prioritize awarding grants to eligible entities that are small business concerns owned 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 (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 priority 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 affiliated businesses of the eligible entity under this subsection—

(i)

shall not exceed $10,000,000; and

(ii)

shall be limited to $5,000,000 per physical location of the eligible entity.

(B)

Determination of grant amount

(i)

In general

Except as provided in this paragraph, the amount of a grant made to an eligible entity under this subsection shall be equal to the pandemic-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 principal on a mortgage obligation).

(C)

Rent payments, including rent under a lease agreement (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 determines to be essential to maintaining the eligible entity.

(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).

(7)

Limitation with respect to private funds

(A)

Definitions

In this paragraph:

(i)

Affiliate

(I)

In general

The term affiliate means, with respect to a person, any other person directly or indirectly controlling, controlled by, or under direct or indirect common control with the person.

(II)

Control

For purposes of subclause (I), the term control means the ability to make or block management decisions of an entity.

(ii)

Executive

The term executive means—

(I)

any individual who serves an executive or director of a person, including the principal executive officer, principal financial officer, comptroller or principal accounting officer; and

(II)

an executive officer, as defined in section 230.405 of title 17, Code of Federal Regulations, or any successor regulation.

(iii)

Private fund

The term private fund means an issuer that would be an investment company, as defined in the Investment Company Act of 1940 (15 U.S.C. 80a–1 et seq.), but for paragraph (1) or (7) of section 3(c) of that Act (15 U.S.C. 80a–3(c)).

(B)

Anti-evasion

No company in which a private fund holds an ownership interest that has, directly or indirectly, received amounts under this subsection may pay any distributions, dividends, consulting fees, advisory fees, interest payments, or any other fees, expenses, or charges in excess of 10 percent of the net operating profits of the company operating profits for the calendar year ending December 31, 2021 (and for each successive year until the covered period has ended), to—

(i)

a person registered as an investment adviser under the Investment Advisers Act of 1940 (15 U.S.C. 80b–1 et seq.) who advises a private fund;

(ii)

any affiliate of such adviser;

(iii)

any executive of such adviser or affiliate; or

(iv)

any employee, consultant, or other person with a contractual relationship to provide services for or on behalf of such adviser or affiliate.

6004.

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 community navigator services means the outreach, education, and technical assistance provided by community navigators that target eligible businesses to increase awareness of, and participation in, programs of the Small Business Administration.

(4)

Community navigator

The term community navigator means a community organization, community financial institution as defined in section 7(a)(36)(A) of the Small Business 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 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))), and socially and economically disadvantaged small business concerns (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.

(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 cooperative 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 expended, 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 telephone 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 current 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 current or prospective owners of eligible businesses on community 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 Federal 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 expended, for carrying out this subsection.

(d)

Sunset

The authority of the Administrator to make grants under this section shall terminate on December 31, 2025.

6005.

Shuttered venue operators

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, which the Administrator of the Small Business Administration may develop for use for grant programs of the Small Business Administration.

6006.

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 6002 of this title, and section 6003 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 in carrying out the provisions of the Inspector General Act of 1978.

VII

Committee on Transportation and Infrastructure

A

Transportation and Infrastructure

7001.

Federal Emergency Management Agency appropriation

In addition to amounts otherwise available, there is appropriated to the Federal Emergency Management Agency for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $50,000,000,000, to remain available until September 30, 2025, for major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et sec.).

7002.

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 declaration under section 401 of such Act (42 U.S.C. 5170) 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 7001 may be used to carry out subsection (a) of this section.

7003.

Economic adjustment assistance

(a)

Economic Development Administration appropriation

In addition to amounts otherwise available, there is appropriated 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 economic 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 utilizing 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, 15 percent shall be for assistance to communities that have suffered economic injury as a result of job losses in the travel, tourism, or outdoor recreation sectors.

(d)

The total amount provided by this section shall be allocated to eligible recipients in the States and Territories according to the total level of economic injury of such States and Territories as a result of coronavirus beginning on March 1, 2020, as measured by the change in economic activity, demonstrated by current Federal economic data sources such as unemployment claims and gross domestic product, before and after such date.

7004.

Great Lakes St. Lawrence Seaway Development Corporation operations and maintenance

In addition to amounts otherwise available, there is appropriated for fiscal year 2021, out of amounts not otherwise appropriated from the Harbor Maintenance Trust Fund pursuant to section 210 of the Water Resources Development Act of 1986 (33 U.S.C. 2238), $1,500,000, to remain available until expended, to prevent, prepare for, and respond to coronavirus by conducting the operations, maintenance, and capital infrastructure activities of the Seaway International Bridge.

7005.

Grants to the National Railroad Passenger Corporation

(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, $820,388,160, 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, $679,611,840, to remain available until September 30, 2024, for 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 enactment 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 commuter 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 pursuant 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 passenger 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 covered 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 available under subsections (a) and (b) shall be—

(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 Transportation 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 subsections (a) and (b) shall be for activities authorized under section 11101(c) of the FAST Act (Public Law 114–94).

7006.

Federal Transit Administration grants

(a)

Federal Transit Administration appropriation

(1)

In general

In addition to amounts otherwise made available, there are appropriated for fiscal year 2021, out of any funds in the Treasury not otherwise appropriated, $30,000,000,000, to remain available until September 30, 2024, that shall—

(A)

be for grants under chapter 53 of title 49, United States Code, to eligible recipients 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 of title 49, United States Code, section 5310(b)(2)(A), or any other provision of chapter 53 of such title, funds provided under this section, other than subsection (b)(4), shall be available for the operating 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 transportation (including payroll and expenses of private providers of public transportation);

(ii)

operating costs to maintain service due to lost revenue due as a result of the coronavirus public health emergency, including the purchase of personal protective equipment; and

(iii)

paying the administrative leave of operations or contractor personnel due to reductions in service.

(B)

Use of funds

Funds described in subparagraph (A) shall be—

(i)

available for immediate obligation, notwithstanding the requirement for such expenses to be included in a transportation improvement program, long-range transportation plan, statewide transportation plan, or statewide transportation improvement program under sections 5303 and 5304 of title 49, United States Code;

(ii)

directed to payroll and operations of public transportation (including payroll and expenses of private providers of public transportation), unless the recipient certifies to the Secretary that the recipient has not furloughed any employees;

(iii)

subject to the requirements of section 5333 of such title, notwithstanding any waiver authority under section 5324 of such title; and

(iv)

used to provide a Federal share of the costs for any grant made under this section of 100 percent, notwithstanding any provision of chapter 53 of such title.

(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 apportionment 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—

(I)

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; and

(II)

each urbanized area under clause (i), when the amounts that were otherwise made available, prior to clause (i) to that urbanized area for similar activities to prevent, prepare for, and respond to coronavirus are equal to or greater than 130 percent of the urbanized area’s 2018 operating costs but do not exceed 132 percent of such costs, such urbanized area shall receive an apportionment equal to 10 percent of the urbanized area’s 2018 operating costs, in addition to amounts apportioned to the urbanized area under clause (i).

(2)

Formula grants for the enhanced mobility of seniors 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), $280,858,479 shall be for grants to recipients or subrecipients eligible under section 5311 of title 49, United States Code, other than subsections (b)(3) and (c)(1)(B) of such section and shall be administered as if the funds were provided under section 5311 of such title.

(B)

Allocation ratio

Amounts made available under subparagraph (A) shall be allocated to States, as defined in section 5302 of title 49, United States Code, based on data contained in the National Transit Database, such that—

(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 recipients 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 recipients and subrecipients in that State shall receive an amount equal to 10 percent of such State’s 2018 rural operating costs; and

(iii)

any State that does not receive an allocation under clauses (i) or (ii) shall receive an amount equal to 20 percent of such State’s 2018 rural operating costs.

(4)

Capital investments

(A)

In general

Of the amounts made available under subsection (a)—

(i)

$1,000,000,000 shall be for grants administered under subsections (d) and (e) of section 5309 of title 49, United States Code, and section 3005(b) of the FAST Act (Public Law 114–94); and

(ii)

$250,000,000 shall be for grants administered under subsection (h) of section 5309 of title 49, United States Code.

(B)

Funding distribution

(i)

Amounts made available in subparagraph (A)(i) shall be proportionally provided to each recipient to all projects with existing full funding grant agreements and all projects under section 3005(b) of Public Law 114–94 that received allocations for fiscal year 2019 or 2020, except that recipients with projects open for revenue service are not eligible to receive a grant under this paragraph.

(ii)

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, or an applicant in the project development phase described in paragraph (2) of such subsection.

(iii)

Amounts distributed under clauses (i) and (ii) of subparagraph (A) shall be provided notwithstanding the limitation of any calculation of the maximum amount of Federal financial assistance for the project under subsection (k)(2)(C)(ii) or (h)(7) of section 5309 of title 49, United States Code, or section 3005(b)(9) of the FAST Act (Public Law 114–94).

(5)

Section 5311(f) services

(A)

In general

Of the amounts made available under subsection (a) and in addition to the amounts made available under paragraph (3), $100,000,000 shall be available for grants to recipients for bus operators that partner with recipients or subrecipients of funds under section 5311(f) of title 49, United States Code.

(B)

Allocation ratio

Notwithstanding paragraph (3), the Secretary 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 associated with the restoration of services as the coronavirus public health emergency concludes and shall be available in accordance with such section.

(B)

Availability of Funds for Route Planning

Amounts made available under subparagraph (A) shall be available for route planning designed to—

(i)

increase ridership and reduce travel times, while maintaining or expanding the total level of vehicle revenue miles of service provided in the planning period; or

(ii)

make service adjustments to increase the quality or frequency of service provided to low-income riders and disadvantaged neighborhoods or communities.

(C)

Limitation

Amounts made available under subparagraph (A) shall not be used for route planning related to transitioning public transportation service provided as of the date of receipt of funds to a transportation network company or other third-party contract provider, unless the existing provider of public transportation service is a third-party contract provider.

(7)

Recipients and subrecipients requiring additional assistance

(A)

In general

Of the amounts made available under subsection (a), $2,207,561,294 shall be for grants to eligible recipients or subrecipients of funds under chapter 53 of title 49, United States Code, that, as a result of COVID–19, require additional assistance to maintain operations.

(B)

Administration

Funds made available under subparagraph (A) shall, after allocation, be administered as if provided under subsections (b)(1) or (b)(3), as applicable.

(C)

Application requirements

(i)

In general

The Secretary 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 Secretary—

(I)

estimates of financial need;

(II)

data on reductions in farebox or other sources of local revenue for sustained operations; and

(III)

a spending plan for such funds.

(ii)

Evaluation

(I)

In general

Applications for assistance under this paragraph shall be evaluated by the Secretary based on the level of financial need demonstrated by an eligible recipient or subrecipient, including projections of future financial need to maintain service as a percentage of the 2018 operating costs that has not been replaced by the funds made available to the eligible recipient or subrecipient under paragraphs (1) through (5) of this subsection when combined with the amounts allocated 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 recipients or subrecipients.

(D)

Unobligated funds

If amounts made available under this paragraph remain unobligated on September 30, 2023, such amounts shall be available for any purpose eligible under section 5324 of title 49, United States Code.

7007.

Relief for airports

(a)

In general

(1)

In general

In addition to amounts otherwise available, 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 airports under sections 47101 through 47144 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)

shall not be subject to the requirements of chapter 471 of title 49, United States Code, except the requirements of chapter 471 (other than eligibility requirements) shall apply to any contract awarded after the date of enactment of this Act for airport development;

(B)

may not be used for any purpose not directly related to the airport; and

(C)

may not be provided to any airport that was allocated 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, combating 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 apportionments under section 47114(f) of title 49, United States Code;

(ii)

shall first be apportioned as set forth in sections 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 apportionment 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 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.

(2)

Federal share for development projects

(A)

In general

Not more than $608,000,000 allocated 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 current National Plan of Integrated Airport Systems, reflecting the percentage of the aggregate published eligible development 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 provide 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 concessions 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

(ii)

for each set-aside, the sponsor shall provide relief from rent and minimum annual guarantee obligations to each eligible airport concession in an amount that reflects each eligible airport concession’s proportional share of the total amount of the rent and minimum 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

All airports receiving funds under this section 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 separations) by the airport as of March 27, 2020.

(B)

Waiver of retention requirement

The Secretary 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)

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).

B

Aviation Manufacturing Jobs Protection

7101.

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 aviation 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 Aviation Administration production approval; or

(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.

(B)

which, as supported by demonstrable evidence—

(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, as supported by demonstrable evidence, 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 justification to the Secretary of involuntary furloughs or layoffs 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 terminate 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 subsidiary 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 transport-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 furloughs, 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 business entity not specified under subparagraph (i), agrees to refrain from conducting involuntary layoffs or furloughs, 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)

COVID–19 public health emergency

The term COVID–19 public health emergency means the public health emergency first declared on January 31, 2020, by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d) with respect to the 2019 Novel Coronavirus (COVID–19) and includes any renewal of such declaration pursuant to such section 319.

(4)

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).

(5)

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)).

(6)

Private contribution

The term private contribution 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.

(7)

Public contribution

The term public contribution means the contribution funded by the Federal Government under this title 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.

(8)

Secretary

The term Secretary means the Secretary of Transportation.

(9)

Total compensation level

The term total compensation 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.

7102.

Payroll support program

(a)

In general

The Secretary shall establish a payroll support program and enter into agreements with employers who meet the eligibility criteria specified in subsection (b) and are not ineligible under subsection (c), to provide public contributions to supplement compensation of an eligible employee group. There is appropriated 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—

(1)

agrees to use the funds received under an agreement exclusively for the continuation of employee wages, salaries, and benefits, to maintain the total compensation 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; and

(2)

agrees that any false, fictitious, misleading, or fraudulent information made or submitted by the employer, or the omission of any material fact by the employer, may subject the employer to criminal, civil, or administrative penalties for fraud, false statements, false claims, or otherwise pursuant to applicable Federal law.

(c)

Ineligibility

The Secretary may not enter into any agreement 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 any 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 program 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.

C

Continued assistance to rail workers

7201.

Additional enhanced benefits under the Railroad Unemployment Insurance Act

(a)

In general

Section 2(a)(5)(A) of the Railroad Unemployment 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 August 29, 2021;

(B)

by striking or July 1, 2020 and inserting July 1, 2020, or July 1, 2021; and

(2)

by adding at the end the following: For registration periods beginning after March 14, 2021, but on or before August 29, 2021, the recovery benefit payable under this subparagraph shall be in the amount of $800..

(b)

Clarification on authority to use funds

Funds appropriated under subparagraph (B) of section 2(a)(5) of the Railroad 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 subsection (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.

7202.

Extended unemployment benefits under the Railroad Unemployment Insurance Act

(a)

In general

Section 2(c)(2)(D) of the Railroad Unemployment Insurance Act (45 U.S.C. 352(c)(2)(D)) is amended—

(1)

in clause (i)—

(A)

in subclause (I), by striking 185 days and inserting 305 days;

(B)

in subclause (II),

(i)

by striking 19 consecutive 14-day periods and inserting 31 consecutive 14-day periods; and

(ii)

by striking 6 consecutive 14-day periods and inserting 18 consecutive 14-day periods;

(2)

in clause (ii)—

(A)

by striking 120 days of unemployment and inserting 240 days of unemployment;

(B)

by striking 12 consecutive 14-day periods and inserting 24 consecutive 14-day periods; and

(C)

by striking 6 consecutive 14-day periods and inserting 18 consecutive 14-day periods; and

(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 August 29, 2021.

(b)

Clarification on authority to use funds

Funds appropriated under either the first or second 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.

7203.

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 August 29, 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 amendments 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.

7204.

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 overtime 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, as authorized by the Inspector General Act of 1978.

VIII

Committee on Veterans’ Affairs

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.

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, $13,482,000,000, 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.

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.

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.

8005.

Funding for the Department of Veterans Affairs office of inspector general

In addition to amounts otherwise made available, there is appropriated for fiscal year