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]One Hundred Seventeenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Sunday,
the third day of January, two thousand and twenty-one
H.R. 1319
An Act
To provide for reconciliation pursuant to title II of S. Con. Res. 5.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the "American Rescue Plan Act of 2021".
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I — COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY
Subtitle A — Agriculture
Sec. 1001. Food supply chain and agriculture pandemic response.
Sec. 1002. Emergency rural development grants for rural health care.
Sec. 1003. Pandemic program administration funds.
Sec. 1004. Funding for the USDA Office of Inspector General for oversight of COVID-19-related programs.
Sec. 1005. Farm loan assistance for socially disadvantaged farmers and ranchers.
Sec. 1006. USDA assistance and support for socially disadvantaged farmers, ranchers, forest land owners and operators, and groups.
Sec. 1007. Use of the Commodity Credit Corporation for commodities and associated expenses.
Subtitle B — Nutrition
Sec. 1101. Supplemental nutrition assistance program.
Sec. 1102. Additional assistance for SNAP online purchasing and technology improvements.
Sec. 1103. Additional funding for nutrition assistance programs.
Sec. 1104. Commodity supplemental food program.
Sec. 1105. Improvements to WIC benefits.
Sec. 1106. WIC program modernization.
Sec. 1107. Meals and supplements reimbursements for individuals who have not attained the age of 25.
Sec. 1108. Pandemic EBT program.
TITLE II — COMMITTEE ON HEALTH, EDUCATION, LABOR, AND PENSIONS
Subtitle A — Education Matters
PART 1 — DEPARTMENT OF EDUCATION
Sec. 2001. Elementary and Secondary School Emergency Relief Fund.
Sec. 2002. Emergency assistance to non-public schools.
Sec. 2003. Higher Education Emergency Relief Fund.
Sec. 2004. Maintenance of effort and maintenance of equity.
Sec. 2005. Outlying areas.
Sec. 2006. Gallaudet University.
Sec. 2007. Student aid administration.
Sec. 2008. Howard University.
Sec. 2009. National Technical Institute for the Deaf.
Sec. 2010. Institute of Education Sciences.
Sec. 2011. Program administration.
Sec. 2012. Office of Inspector General.
Sec. 2013. Modification of revenue requirements for proprietary institutions of higher education.
Sec. 2014. Funding for the Individuals with Disabilities Education Act.
PART 2 — MISCELLANEOUS
Sec. 2021. National Endowment for the Arts.
Sec. 2022. National Endowment for the Humanities.
Sec. 2023. Institute of Museum and Library Services.
Subtitle B — Labor Matters
Sec. 2101. Funding for Department of Labor worker protection activities.
Subtitle C — Human Services and Community Supports
Sec. 2201. Child Care and Development Block Grant Program.
Sec. 2202. Child Care Stabilization.
Sec. 2203. Head Start.
Sec. 2204. Programs for survivors.
Sec. 2205. Child abuse prevention and treatment.
Sec. 2206. Corporation for National and Community Service and the National Service Trust.
Subtitle D — Public Health
Sec. 2301. Funding for COVID-19 vaccine activities at the Centers for Disease Control and Prevention.
Sec. 2302. Funding for vaccine confidence activities.
Sec. 2303. Funding for supply chain for COVID-19 vaccines, therapeutics, and medical supplies.
Sec. 2304. Funding for COVID-19 vaccine, therapeutic, and device activities at the Food and Drug Administration.
Sec. 2305. Reduced cost-sharing.
Subtitle E — Testing
Sec. 2401. Funding for COVID-19 testing, contact tracing, and mitigation activities.
Sec. 2402. Funding for SARS-CoV-2 genomic sequencing and surveillance.
Sec. 2403. Funding for global health.
Sec. 2404. Funding for data modernization and forecasting center.
Subtitle F — Public Health Workforce
Sec. 2501. Funding for public health workforce.
Sec. 2502. Funding for Medical Reserve Corps.
Subtitle G — Public Health Investments
Sec. 2601. Funding for community health centers and community care.
Sec. 2602. Funding for National Health Service Corps.
Sec. 2603. Funding for Nurse Corps.
Sec. 2604. Funding for teaching health centers that operate graduate medical education.
Sec. 2605. Funding for family planning.
Subtitle H — Mental Health and Substance Use Disorder
Sec. 2701. Funding for block grants for community mental health services.
Sec. 2702. Funding for block grants for prevention and treatment of substance abuse.
Sec. 2703. Funding for mental health and substance use disorder training for health care professionals, paraprofessionals, and public safety officers.
Sec. 2704. Funding for education and awareness campaign encouraging healthy work conditions and use of mental health and substance use disorder services by health care professionals.
Sec. 2705. Funding for grants for health care providers to promote mental health among their health professional workforce.
Sec. 2706. Funding for community-based funding for local substance use disorder services.
Sec. 2707. Funding for community-based funding for local behavioral health needs.
Sec. 2708. Funding for the National Child Traumatic Stress Network.
Sec. 2709. Funding for Project AWARE.
Sec. 2710. Funding for youth suicide prevention.
Sec. 2711. Funding for behavioral health workforce education and training.
Sec. 2712. Funding for pediatric mental health care access.
Sec. 2713. Funding for expansion grants for certified community behavioral health clinics.
Subtitle I — Exchange Grant Program
Sec. 2801. Establishing a grant program for Exchange modernization.
Subtitle J — Continued Assistance to Rail Workers
Sec. 2901. Additional enhanced benefits under the Railroad Unemployment Insurance Act.
Sec. 2902. Extended unemployment benefits under the Railroad Unemployment Insurance Act.
Sec. 2903. Extension of waiver of the 7-day waiting period for benefits under the Railroad Unemployment Insurance Act.
Sec. 2904. Railroad Retirement Board and Office of the Inspector General funding.
Subtitle K — Ratepayer Protection
Sec. 2911. Funding for LIHEAP.
Sec. 2912. Funding for water assistance program.
Subtitle L — Assistance for Older Americans, Grandfamilies, and Kinship Families
Sec. 2921. Supporting older americans and their families.
Sec. 2922. National Technical Assistance Center on Grandfamilies and Kinship Families.
TITLE III — COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS
Subtitle A — Defense Production Act of 1950
Sec. 3101. COVID-19 emergency medical supplies enhancement.
Subtitle B — Housing Provisions
Sec. 3201. Emergency rental assistance.
Sec. 3202. Emergency housing vouchers.
Sec. 3203. Emergency assistance for rural housing.
Sec. 3204. Housing counseling.
Sec. 3205. Homelessness assistance and supportive services program.
Sec. 3206. Homeowner Assistance Fund.
Sec. 3207. Relief measures for section 502 and 504 direct loan borrowers.
Sec. 3208. Fair housing activities.
Subtitle C — Small Business (SSBCI)
Sec. 3301. State Small Business Credit Initiative.
Subtitle D — Public Transportation
Sec. 3401. Federal Transit Administration grants.
TITLE IV — COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
Sec. 4001. Emergency Federal Employee Leave Fund.
Sec. 4002. Funding for the Government Accountability Office.
Sec. 4003. Pandemic Response Accountability Committee funding availability.
Sec. 4004. Funding for the White House.
Sec. 4005. Federal Emergency Management Agency appropriation.
Sec. 4006. Funeral assistance.
Sec. 4007. Emergency food and shelter program funding.
Sec. 4008. Humanitarian relief.
Sec. 4009. Cybersecurity and Infrastructure Security Agency.
Sec. 4010. Appropriation for the United States Digital Service.
Sec. 4011. Appropriation for the Technology Modernization Fund.
Sec. 4012. Appropriation for the Federal Citizen Services Fund.
Sec. 4013. AFG and SAFER program funding.
Sec. 4014. Emergency management performance grant funding.
Sec. 4015. Extension of reimbursement authority for Federal contractors.
Sec. 4016. Eligibility for workers' compensation benefits for Federal employees diagnosed with COVID-19.
TITLE V — COMMITTEE ON SMALL BUSINESS AND ENTREPRENEURSHIP
Sec. 5001. Modifications to paycheck protection program.
Sec. 5002. Targeted EIDL advance.
Sec. 5003. Support for restaurants.
Sec. 5004. Community navigator pilot program.
Sec. 5005. Shuttered venue operators.
Sec. 5006. Direct appropriations.
TITLE VI — COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
Sec. 6001. Economic adjustment assistance.
Sec. 6002. Funding for pollution and disparate impacts of the COVID-19 pandemic.
Sec. 6003. United States Fish and Wildlife Service.
TITLE VII — COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
Subtitle A — Transportation and Infrastructure
Sec. 7101. Grants to the National Railroad Passenger Corporation.
Sec. 7102. Relief for airports.
Sec. 7103. Emergency FAA Employee Leave Fund.
Sec. 7104. Emergency TSA Employee Leave Fund.
Subtitle B — Aviation Manufacturing Jobs Protection
Sec. 7201. Definitions.
Sec. 7202. Payroll support program.
Subtitle C — Airlines
Sec. 7301. Air Transportation Payroll Support Program Extension.
Subtitle D — Consumer Protection and Commerce Oversight
Sec. 7401. Funding for consumer product safety fund to protect consumers from potentially dangerous products related to COVID-19.
Sec. 7402. Funding for E-Rate support for emergency educational connections and devices.
Sec. 7403. Funding for Department of Commerce Inspector General.
Sec. 7404. Federal Trade Commission funding for COVID-19 related work.
Subtitle E — Science and Technology
Sec. 7501. National Institute of Standards and Technology.
Sec. 7502. National Science Foundation.
Subtitle F — Corporation for Public Broadcasting
Sec. 7601. Support for the Corporation for Public Broadcasting.
TITLE VIII — COMMITTEE ON VETERANS' AFFAIRS
Sec. 8001. Funding for claims and appeals processing.
Sec. 8002. Funding availability for medical care and health needs.
Sec. 8003. Funding for supply chain modernization.
Sec. 8004. Funding for State homes.
Sec. 8005. Funding for the Department of Veterans Affairs Office of Inspector 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.
Sec. 8008. Emergency Department of Veterans Affairs Employee Leave Fund.
TITLE IX — COMMITTEE ON FINANCE
Subtitle A — Crisis Support for Unemployed Workers
PART 1 — EXTENSION OF CARES ACT UNEMPLOYMENT PROVISIONS
Sec. 9011. Extension of Pandemic Unemployment Assistance.
Sec. 9012. Extension of emergency unemployment relief for governmental entities and nonprofit organizations.
Sec. 9013. Extension of Federal Pandemic Unemployment Compensation.
Sec. 9014. Extension of full Federal funding of the first week of compensable 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.
PART 4 — OTHER PROVISIONS
Sec. 9041. Extension of limitation on excess business losses of noncorporate taxpayers.
Sec. 9042. Suspension of tax on portion of unemployment compensation.
Subtitle B — Emergency Assistance to Families Through Home Visiting Programs
Sec. 9101. Emergency assistance to families through home visiting programs.
Subtitle C — Emergency Assistance to Children and Families
Sec. 9201. Pandemic Emergency Assistance.
Subtitle D — Elder Justice and Support Guarantee
Sec. 9301. Additional funding for aging and disability services programs.
Subtitle E — Support to Skilled Nursing Facilities in Response to COVID-19
Sec. 9401. Providing for infection control support to skilled nursing facilities through contracts with quality improvement organizations.
Sec. 9402. Funding for strike teams for resident and employee safety in skilled nursing facilities.
Subtitle F — Preserving Health Benefits for Workers
Sec. 9501. Preserving health benefits for workers.
Subtitle G — Promoting Economic Security
PART 1 — 2021 RECOVERY REBATES TO INDIVIDUALS
Sec. 9601. 2021 recovery rebates to individuals.
PART 2 — CHILD TAX CREDIT
Sec. 9611. Child tax credit improvements for 2021.
Sec. 9612. Application of child tax credit in possessions.
PART 3 — EARNED INCOME TAX CREDIT
Sec. 9621. Strengthening the earned income tax credit for individuals with no qualifying children.
Sec. 9622. Taxpayer eligible for childless earned income credit in case of qualifying children who fail to meet certain identification requirements.
Sec. 9623. Credit allowed in case of certain separated spouses.
Sec. 9624. Modification of disqualified investment income test.
Sec. 9625. Application of earned income tax credit in possessions of the United States.
Sec. 9626. Temporary special rule for determining earned income for purposes of earned income tax credit.
PART 4 — DEPENDENT CARE ASSISTANCE
Sec. 9631. Refundability and enhancement of child and dependent care tax credit.
Sec. 9632. Increase in exclusion for employer-provided dependent care assistance.
PART 5 — CREDITS FOR PAID SICK AND FAMILY LEAVE
Sec. 9641. Payroll credits.
Sec. 9642. Credit for sick leave for certain self-employed individuals.
Sec. 9643. Credit for family leave for certain self-employed individuals.
PART 6 — EMPLOYEE RETENTION CREDIT
Sec. 9651. Extension of employee retention credit.
PART 7 — PREMIUM TAX CREDIT
Sec. 9661. Improving affordability by expanding premium assistance for consumers.
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.
Sec. 9674. Modification of exceptions for reporting of third party network transactions.
Sec. 9675. Modification of treatment of student loan forgiveness.
Subtitle H — Pensions
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. Expansion of limitation on excessive employee remuneration.
Subtitle I — Child Care for Workers
Sec. 9801. Child care assistance.
Subtitle J — Medicaid
Sec. 9811. Mandatory coverage of COVID-19 vaccines and administration and treatment under Medicaid.
Sec. 9812. Modifications to certain coverage under Medicaid for pregnant and postpartum women.
Sec. 9813. State option to provide qualifying community-based mobile crisis intervention services.
Sec. 9814. Temporary increase in FMAP for medical assistance under State Medicaid plans which begin to expend amounts for certain mandatory individuals.
Sec. 9815. Extension of 100 percent Federal medical assistance percentage to Urban Indian Health Organizations and Native Hawaiian Health Care Systems.
Sec. 9816. Sunset of limit on maximum rebate amount for single source drugs and innovator multiple source drugs.
Sec. 9817. Additional support for Medicaid home and community-based services during the COVID-19 emergency.
Sec. 9818. Funding for State strike teams for resident and employee safety in nursing facilities.
Sec. 9819. Special rule for the period of a declared public health emergency related to coronavirus.
Subtitle K — Children's Health Insurance Program
Sec. 9821. Mandatory coverage of COVID-19 vaccines and administration and treatment under CHIP.
Sec. 9822. Modifications to certain coverage under CHIP for pregnant and postpartum women.
Subtitle L — Medicare
Sec. 9831. Floor on the Medicare area wage index for hospitals in all-urban States.
Sec. 9832. Secretarial authority to temporarily waive or modify application of certain Medicare requirements with respect to ambulance services furnished during certain emergency periods.
Sec. 9833. Funding for Office of Inspector General.
Subtitle M — Coronavirus State and Local Fiscal Recovery Funds
Sec. 9901. Coronavirus State and Local Fiscal Recovery Funds.
Subtitle N — Other Provisions
Sec. 9911. Funding for providers relating to COVID-19.
Sec. 9912. Extension of customs user fees.
TITLE X — COMMITTEE ON FOREIGN RELATIONS
Sec. 10001. Department of State operations.
Sec. 10002. United States Agency for International Development operations.
Sec. 10003. Global response.
Sec. 10004. Humanitarian response.
Sec. 10005. Multilateral assistance.
TITLE XI — COMMITTEE ON INDIAN AFFAIRS
Sec. 11001. Indian Health Service.
Sec. 11002. Bureau of Indian Affairs.
Sec. 11003. Housing assistance and supportive services programs for Native Americans.
Sec. 11004. COVID-19 response resources for the preservation and maintenance of Native American languages.
Sec. 11005. Bureau of Indian Education.
Sec. 11006. American Indian, Native Hawaiian, and Alaska Native education.
* * *
TITLE V — COMMITTEE ON SMALL BUSINESS AND ENTREPRENEURSHIP
SEC. 5001. MODIFICATIONS TO PAYCHECK PROTECTION PROGRAM.
(a) ELIGIBILITY OF CERTAIN NONPROFIT ENTITIES FOR COVERED LOANS UNDER THE PAYCHECK PROTECTION PROGRAM. —
(1) IN GENERAL. — Section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)), as amended by the Economic Aid 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."; and
(ii) by adding at the end the following:
"(ix) 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) —
(i) in subclause (III), by striking "and" at the end;
(ii) in subclause (IV)(bb), by striking the period at the end and inserting "; and"; and
(iii) by adding at the end the following:
"(V) any business concern or other 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 (V) of clause (iv), clause (vii), or clause (ix)"; and
(D) in clause (viii)(II) —
(i) by striking "business concern made eligible by clause (iii)(II) or clause (iv)(IV) of this subparagraph" and inserting "business concern made eligible by subclause (II) or (IV) of clause (iii) or subclause (IV) or (V) of clause (iv) of this subparagraph"; and
(ii) by inserting "or organization" after "business concern" each place it appears.
(2) ELIGIBILITY FOR SECOND DRAW LOANS. — Section 7(a)(37)(A)(iv)(II) of the Small Business Act, as amended by the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (title III of division N of Public Law 116-260), is amended by striking "clause (iii)(II), (iv)(IV), or (vii)" and inserting "subclause (II), (III), or (IV) of clause (iii), subclause (IV) or (V) of clause (iv), clause (vii), or clause (ix)".
(c) COORDINATION WITH CONTINUATION COVERAGE PREMIUM ASSISTANCE. —
(1) PAYCHECK PROTECTION PROGRAM. — Section 7A(a)(12) of the Small Business Act (as redesignated, transferred, and amended by section 304(b) of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (Public Law 116-260)) is amended —
(A) by striking "CARES Act or" and inserting "CARES Act,"; and
(B) by inserting before the period at the end the 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.
* * *
TITLE IX — COMMITTEE ON FINANCE
Subtitle A — Crisis Support for Unemployed Workers
* * *
PART 4 — OTHER PROVISIONS
SEC. 9041. EXTENSION OF LIMITATION ON EXCESS BUSINESS LOSSES OF NONCORPORATE TAXPAYERS.
(a) IN GENERAL. — Section 461(l)(1) of the Internal Revenue Code of 1986 is amended by striking "January 1, 2026" each place it appears and inserting "January 1, 2027".
(b) EFFECTIVE DATE. — The amendments made by this section shall apply to taxable years beginning after December 31, 2025.
SEC. 9042. SUSPENSION OF TAX ON PORTION OF UNEMPLOYMENT COMPENSATION.
(a) IN GENERAL. — Section 85 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:
"(c) SPECIAL RULE FOR 2020. —
"(1) IN GENERAL. — In the case of any taxable year beginning in 2020, if the adjusted gross income of the taxpayer for such taxable year is less than $150,000, the gross income of such taxpayer shall not include so much of the unemployment compensation received by such taxpayer (or, in the case of a joint return, received by each spouse) as does not exceed $10,200.
"(2) APPLICATION. — For purposes of paragraph (1), the adjusted gross income of the taxpayer shall be determined —
"(A) after application of sections 86, 135, 137, 219, 221, 222, and 469, and
"(B) without regard to this section.".
(b) CONFORMING AMENDMENTS. —
(1) Section 74(d)(2)(B) of the Internal Revenue Code of 1986 is amended by inserting "85(c)," before "86".
(2) Section 86(b)(2)(A) of such Code is amended by inserting "85(c)," before "135".
(3) Section 135(c)(4)(A) of such Code is amended by inserting "85(c)," before "137".
(4) Section 137(b)(3)(A) of such Code is amended by inserting "85(c)" before "221".
(5) Section 219(g)(3)(A)(ii) of such Code is amended by inserting "85(c)," before "135".
(6) Section 221(b)(2)(C)(i) of such Code is amended by inserting "85(c)" before "911".
(7) Section 222(b)(2)(C)(i) of such Code, as in effect before date of enactment of the Taxpayer Certainty and Disaster Tax Relief Act of 2020, is amended by inserting "85(c)" before "911".
(8) Section 469(i)(3)(E)(ii) of such Code is amended by striking "135 and 137" and inserting "85(c), 135, and 137".
(c) EFFECTIVE DATE. — The amendments made by this section shall apply to taxable years beginning after December 31, 2019.
* * *
Subtitle F — Preserving Health Benefits for Workers
SEC. 9501. PRESERVING HEALTH BENEFITS FOR WORKERS.
(a) PREMIUM ASSISTANCE FOR COBRA CONTINUATION COVERAGE FOR INDIVIDUALS AND THEIR FAMILIES. —
(1) PROVISION OF PREMIUM ASSISTANCE. —
(A) REDUCTION OF PREMIUMS PAYABLE. — In the case of any premium for a period of coverage during the period beginning on the first day of the first month beginning after the date of the enactment of this Act, and ending 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 in full the amount of such premium.
(B) PLAN ENROLLMENT OPTION. —
(i) IN GENERAL. — Solely for purposes of this subsection, the COBRA continuation provisions shall be applied such that any assistance eligible individual who is enrolled in a group health plan offered by a plan sponsor may, not later than 90 days after the date of notice of the plan enrollment option described in this subparagraph, elect to enroll in coverage under a plan offered by such plan sponsor that is different than coverage under the plan in which such individual was enrolled at the time, in the case of any assistance eligible individual described in paragraph (3), the qualifying event specified in section 603(2) of the Employee Retirement Income Security Act of 1974, section 4980B(f)(3)(B) of the Internal Revenue Code of 1986, or section 2203(2) of the Public Health Service Act, except for the voluntary termination of such individual's employment by such individual, occurred, and such coverage shall be treated as COBRA 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) (as applicable). Such notice shall be provided to the group health plan in such time and manner as may be specified by the Secretary of Labor.
(3) ASSISTANCE ELIGIBLE INDIVIDUAL. — For purposes of this section, the term "assistance eligible individual" means, with respect to a period of coverage during the period beginning on the first day of the first month beginning after the date of the enactment of this Act, and ending on September 30, 2021, any individual that is a qualified beneficiary who —
(A) is eligible for COBRA continuation coverage by reason of a qualifying event specified in section 603(2) of the Employee Retirement Income Security Act of 1974, section 4980B(f)(3)(B) of the Internal Revenue Code of 1986, or section 2203(2) of the Public Health Service Act, except for the voluntary termination of such individual's 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 (5)(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 or had not been discontinued.
(5) NOTICES TO INDIVIDUALS. —
(A) GENERAL NOTICE. —
(i) IN GENERAL. — In the case of notices provided under section 606(a)(4) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1166(4)), section 4980B(f)(6)(D) of the Internal Revenue Code of 1986, or section 2206(4) of the Public Health Service Act (42 U.S.C. 300bb-6(4)), with respect to individuals who, during the period described in paragraph (3), become entitled to elect COBRA continuation coverage, the requirements of such provisions shall not be treated as met unless such notices include an additional 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 subsidized premium and any conditions on entitlement to the subsidized 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.
(6) 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.
(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.
(7) REGULATIONS. — The Secretary of the Treasury and the Secretary of Labor may jointly prescribe such regulations or other guidance as may be necessary or appropriate to carry out the provisions of this subsection, including the prevention of fraud and abuse under this subsection, except that the 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), and (8).
(8) 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 (5)(C). Information on such premium assistance, including enrollment, shall also be made available on websites of the Departments of Labor, Treasury, and Health and Human Services.
(B) ENROLLMENT UNDER MEDICARE. — The Secretary of Health and Human Services shall provide outreach consisting of public education. Such outreach shall target individuals who lose health insurance coverage. Such outreach shall include information regarding enrollment for Medicare benefits for purposes of preventing mistaken delays of such enrollment by such individuals, including lifetime penalties for failure of timely enrollment.
(9) DEFINITIONS. — For purposes of this section:
(A) ADMINISTRATOR. — The term "administrator" has the meaning given such term in section 3(16)(A) of the Employee Retirement Income Security Act of 1974, and includes a COBRA administrator.
(B) COBRA CONTINUATION COVERAGE. — The term "COBRA continuation coverage" means continuation 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.
(10) IMPLEMENTATION FUNDING. — In addition to amounts otherwise made available, out of any funds in the Treasury not otherwise appropriated, there are appropriated to the 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:
"SEC. 6432. CONTINUATION COVERAGE PREMIUM ASSISTANCE.
"(a) IN GENERAL. — The person to whom premiums are payable for continuation coverage under section 9501(a)(1) of the American Rescue Plan Act of 2021 shall be allowed as a credit against the tax imposed by section 3111(b), or so much of the taxes imposed under section 3221(a) as are attributable to the rate in effect under section 3111(b), for each calendar quarter an amount equal to the premiums not paid by assistance eligible individuals for such coverage by reason of such section 9501(a)(1) with respect to such calendar quarter.
"(b) PERSON TO WHOM PREMIUMS ARE PAYABLE. — For purposes of subsection (a), except as otherwise provided by the Secretary, the person to whom premiums are payable under such continuation coverage shall be treated as being —
"(1) in the case of any group health plan which is a 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) —
"(A) which is subject to the COBRA continuation provisions contained in —
"(i) the Internal Revenue Code of 1986,
"(ii) the Employee Retirement Income Security Act of 1974, or
"(iii) the Public Health Service Act, or
"(B) under which some or all of the coverage is not provided by insurance,
the employer maintaining the plan, and
"(3) in the case of any group health plan not described in paragraph (1) or (2), the insurer providing the coverage under the group health plan.
"(c) LIMITATIONS AND REFUNDABILITY. —
"(1) CREDIT LIMITED TO CERTAIN EMPLOYMENT TAXES. — The credit allowed by subsection (a) with respect to any calendar quarter shall not exceed the tax imposed by section 3111(b), or so much of the taxes imposed under section 3221(a) as are attributable to the rate in effect under section 3111(b), for such calendar quarter (reduced by any credits allowed against such taxes under sections 3131, 3132, and 3134) on the wages paid with respect to the employment of all employees of the employer.
"(2) REFUNDABILITY OF EXCESS CREDIT. —
"(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 credit shall be allowed under this section with respect to any amount which is taken into account as qualified wages under section 2301 of the CARES Act or section 3134 of this title or as qualified health plan expenses under section 7001(d) or 7003(d) of the Families First Coronavirus Response Act or section 3131 or 3132 of this title.
"(f) EXTENSION OF LIMITATION ON ASSESSMENT. — Notwithstanding section 6501, the limitation on the time period for the assessment of any amount attributable to a credit claimed under this section shall not expire before the date that is 5 years after the later of —
"(1) the date on which the original return which includes the calendar quarter with respect to which such credit is determined is filed, or
"(2) the date on which such return is treated as filed under section 6501(b)(2).
"(g) REGULATIONS. — The Secretary shall issue such regulations, or other guidance, forms, instructions, and publications, as may be necessary or appropriate to carry out this section, including —
"(1) the requirement to report information or the 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, any amount of the premium for such coverage that the individual would have (but for this Act) been required to pay, the person to whom such payment is payable shall reimburse such individual for the amount of such premium paid.
(ii) CREDIT OF REIMBURSEMENT. — A person to which clause (i) applies shall be allowed a credit in the manner provided under section 6432 of the Internal Revenue Code of 1986 for any payment made to the employee under such clause.
(iii) PAYMENT OF CREDITS. — Any person to which clause (i) applies shall make the payment required under such clause to the individual not later than 60 days after the date on which such individual made the premium payment.
(2) PENALTY FOR FAILURE TO NOTIFY HEALTH PLAN OF 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:
"SEC. 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 9501(a)(2)(B) of the American Rescue Plan Act of 2021 who fails to make such a notification at such time and in such manner as the Secretary of Labor may require shall pay a penalty of $250 for each such failure.
"(b) INTENTIONAL FAILURE. — In the case of any such failure that is fraudulent, such person shall pay a penalty equal to the greater of —
"(1) $250, or
"(2) 110 percent of the premium assistance provided under section 9501(a)(1)(A) of the American Rescue Plan Act of 2021 after termination of eligibility under such section.
"(c) REASONABLE CAUSE EXCEPTION. — No penalty shall be imposed under this section with respect to any failure if it is shown that such failure is due to reasonable cause and not to willful neglect.".
(B) CLERICAL AMENDMENT. — The table of sections of part I of subchapter B of chapter 68 of such Code is amended by adding at the end the following new item:
"Sec. 6720C. Penalty for failure to notify health plan of cessation of eligibility for continuation coverage premium assistance.".
(3) COORDINATION WITH HCTC. —
(A) IN GENERAL. — Section 35(g)(9) of the Internal 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 9501(a)(1) of the American Rescue Plan Act of 2021 for any month during the taxable year, such individual shall not be treated as an eligible individual, a certified individual, or a qualifying family member for purposes of this section or section 7527 with respect to such month.".
(B) EFFECTIVE DATE. — The amendment made by subparagraph (A) shall apply to taxable years ending after the date of the enactment of this Act.
(4) EXCLUSION OF CONTINUATION COVERAGE PREMIUM ASSISTANCE FROM GROSS INCOME. —
(A) IN GENERAL. — Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139H the following new section:
"SEC. 139I. CONTINUATION COVERAGE PREMIUM ASSISTANCE.
"In the case of an assistance eligible individual (as defined in subsection (a)(3) of section 9501 of the American Rescue Plan Act of 2021), gross income does not include any premium assistance provided under subsection (a)(1) of such section.".
(B) CLERICAL AMENDMENT. — The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 139H the following new item:
"Sec. 139I. Continuation coverage premium assistance.".
(C) EFFECTIVE DATE. — The amendments made by this paragraph shall apply to taxable years ending after the date of the enactment of this Act.
Subtitle G — Promoting Economic Security
PART 1 — 2021 RECOVERY REBATES TO INDIVIDUALS
SEC. 9601. 2021 RECOVERY REBATES TO INDIVIDUALS.
(a) IN GENERAL. — Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by inserting after section 6428A the following new section:
"SEC. 6428B. 2021 RECOVERY REBATES TO INDIVIDUALS.
"(a) IN GENERAL. — In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by subtitle A for the first taxable year beginning in 2021 an amount equal to the 2021 rebate amount determined for such taxable year.
"(b) 2021 REBATE AMOUNT. — For purposes of this section, the term '2021 rebate amount' means, with respect to any taxpayer for any taxable year, the sum of —
"(1) $1,400 ($2,800 in the case of a joint return), plus
"(2) $1,400 multiplied by the number of dependents of the taxpayer for such taxable year.
"(c) ELIGIBLE INDIVIDUAL. — For purposes of this section, the term 'eligible individual' means any individual other than —
"(1) any nonresident alien individual,
"(2) any individual who is a dependent of another taxpayer for a taxable year beginning in the calendar year in which the individual's taxable year begins, and
"(3) an estate or trust.
"(d) LIMITATION BASED ON ADJUSTED GROSS INCOME. —
"(1) IN GENERAL. — The amount of the credit allowed by subsection (a) (determined without regard to this subsection and subsection (f)) shall be reduced (but not below zero) by the amount which bears the same ratio to such credit (as so determined) as —
"(A) the excess of —
"(i) the taxpayer's adjusted gross income for such taxable year, over
"(ii) $75,000, bears to
"(B) $5,000.
"(2) SPECIAL RULES. —
"(A) JOINT RETURN OR SURVIVING SPOUSE. — In the case of a joint return or a surviving spouse (as defined in section 2(a)), paragraph (1) shall be applied by substituting '$150,000' for '$75,000' and '$10,000' for '$5,000'.
"(B) HEAD OF HOUSEHOLD. — In the case of a head of household (as defined in section 2(b)), paragraph (1) shall be applied by substituting '$112,500' for '$75,000' and '$7,500' for '$5,000'.
"(e) DEFINITIONS AND SPECIAL RULES. —
"(1) DEPENDENT DEFINED. — For purposes of this section, the term 'dependent' has the meaning given such term by section 152.
"(2) IDENTIFICATION NUMBER REQUIREMENT. —
"(A) IN GENERAL. — In the case of a return other than a joint return, the $1,400 amount in subsection (b)(1) shall be treated as being zero unless the taxpayer includes the valid identification number of the taxpayer on the return of tax for the taxable year.
"(B) JOINT RETURNS. — In the case of a joint return, the $2,800 amount in subsection (b)(1) shall be treated as being —
"(i) $1,400 if the valid identification number of only 1 spouse is included on the return of tax for the taxable year, and
"(ii) zero if the valid identification number of neither spouse is so included.
"(C) DEPENDENTS. — A dependent shall not be taken into account under subsection (b)(2) unless the valid identification number of such dependent is included on the return of tax for the taxable year.
"(D) VALID IDENTIFICATION NUMBER. —
"(i) IN GENERAL. — For purposes of this paragraph, the term 'valid identification number' means a social security number issued to an individual by the Social Security Administration on or before the due date for filing the return for the taxable year.
"(ii) ADOPTION TAXPAYER IDENTIFICATION NUMBER. — For purposes of subparagraph (C), in the case of a dependent who is adopted or placed for adoption, the term 'valid identification number' shall include the adoption taxpayer identification number of such dependent.
"(E) SPECIAL RULE FOR MEMBERS OF THE ARMED FORCES. — Subparagraph (B) shall not apply in the case where at least 1 spouse was a member of the Armed Forces of the United States at any time during the taxable year and the valid identification number of at least 1 spouse is included on the return of tax for the taxable year.
"(F) COORDINATION WITH CERTAIN ADVANCE PAYMENTS. — In the case of any payment determined pursuant to subsection (g)(6), a valid identification number shall be treated for purposes of this paragraph as included on the taxpayer's return of tax if such valid identification number is available to the Secretary as described in such subsection.
"(G) MATHEMATICAL OR CLERICAL ERROR AUTHORITY. — Any omission of a correct valid identification number required under this paragraph shall be treated as a mathematical or clerical error for purposes of applying section 6213(g)(2) to such omission.
"(3) CREDIT TREATED AS REFUNDABLE. — The credit allowed by subsection (a) shall be treated as allowed by subpart C of part IV of subchapter A of chapter 1.
"(f) COORDINATION WITH ADVANCE REFUNDS OF CREDIT. —
"(1) REDUCTION OF REFUNDABLE CREDIT. — The amount of the credit which would (but for this paragraph) be allowable under subsection (a) shall be reduced (but not below zero) by the aggregate refunds and credits made or allowed to the taxpayer (or, except as otherwise provided by the Secretary, any dependent of the taxpayer) under subsection (g). Any failure to so reduce the credit shall be treated as arising out of a mathematical or clerical error and assessed according to section 6213(b)(1).
"(2) JOINT RETURNS. — Except as otherwise provided by the Secretary, in the case of a refund or credit made or allowed under subsection (g) with respect to a joint return, half of such refund or credit shall be treated as having been made or allowed to each individual filing such return.
"(g) ADVANCE REFUNDS AND CREDITS. —
"(1) IN GENERAL. — Subject to paragraphs (5) and (6), each individual who was an eligible individual for such individual's first taxable year beginning in 2019 shall be treated as having made a payment against the tax imposed by chapter 1 for such taxable year in an amount equal to the advance refund amount for such taxable year.
"(2) ADVANCE REFUND AMOUNT. —
"(A) IN GENERAL. — For purposes of paragraph (1), the advance refund amount is the amount that would have been allowed as a credit under this section for such taxable year if this section (other than subsection (f) and this subsection) had applied to such taxable year.
"(B) TREATMENT OF DECEASED INDIVIDUALS. — For purposes of determining the advance refund amount with respect to such taxable year —
"(i) any individual who was deceased before January 1, 2021, shall be treated for purposes of applying subsection (e)(2) in the same manner as if the valid identification number of such person was not included on the return of tax for such taxable year (except that subparagraph (E) thereof shall not apply),
"(ii) notwithstanding clause (i), in the case of a joint return with respect to which only 1 spouse is deceased before January 1, 2021, such deceased spouse was a member of the Armed Forces of the United States at any time during the taxable year, and the valid identification number of such deceased spouse is included on the return of tax for the taxable year, the valid identification number of 1 (and only 1) spouse shall be treated as included on the return of tax for the taxable year for purposes of applying subsection (e)(2)(B) with respect to such joint return, and
"(iii) no amount shall be determined under subsection (e)(2) with respect to any dependent of the taxpayer if the taxpayer (both spouses in the case of a joint return) was deceased before January 1, 2021.
"(3) TIMING AND MANNER OF PAYMENTS. — The Secretary shall, subject to the provisions of this title and consistent with rules similar to the rules of subparagraphs (B) and (C) of section 6428A(f)(3), refund or credit any overpayment attributable to this subsection as rapidly as possible, consistent with a rapid effort to make payments attributable to such overpayments electronically if appropriate. No refund or credit shall be made or allowed under this subsection after December 31, 2021.
"(4) NO INTEREST. — No interest shall be allowed on any overpayment attributable to this subsection.
"(5) APPLICATION TO INDIVIDUALS WHO HAVE FILED A RETURN OF TAX FOR 2020. —
"(A) APPLICATION TO 2020 RETURNS FILED AT TIME OF INITIAL DETERMINATION. — If, at the time of any determination made pursuant to paragraph (3), the individual referred to in paragraph (1) has filed a return of tax for the individual's first taxable year beginning in 2020, paragraph (1) shall be applied with respect to such individual by substituting '2020' for '2019'.
"(B) ADDITIONAL PAYMENT. —
"(i) IN GENERAL. — In the case of any individual who files, before the additional payment determination date, a return of tax for such individual's first taxable year beginning in 2020, the Secretary shall make a payment (in addition to any payment made under paragraph (1)) to such individual equal to the excess (if any) of —
"(I) the amount which would be determined under paragraph (1) (after the application of subparagraph (A)) by applying paragraph (1) as of the additional payment determination date, over
"(II) the amount of any payment made with respect to such individual under paragraph (1).
"(ii) ADDITIONAL PAYMENT DETERMINATION DATE. — The term 'additional payment determination date' means the earlier of —
"(I) the date which is 90 days after the 2020 calendar year filing deadline, or
"(II) September 1, 2021.
"(iii) 2020 CALENDAR YEAR FILING DEADLINE. — The term '2020 calendar year filing deadline' means the date specified in section 6072(a) with respect to returns for calendar year 2020. Such date shall be determined after taking into account any period disregarded under section 7508A if such disregard applies to substantially all returns for calendar year 2020 to which section 6072(a) applies.
"(6) APPLICATION TO CERTAIN INDIVIDUALS WHO HAVE NOT FILED A RETURN OF TAX FOR 2019 OR 2020 AT TIME OF DETERMINATION. — In the case of any individual who, at the time of any determination made pursuant to paragraph (3), has filed a tax return for neither the year described in paragraph (1) nor for the year described in paragraph (5)(A), the Secretary shall, consistent with rules similar to the rules of section 6428A(f)(5)(H)(i), apply paragraph (1) on the basis of information available to the Secretary and shall, on the basis of such information, determine the advance refund amount with respect to such individual without regard to subsection (d) unless the Secretary has reason to know that such amount would otherwise be reduced by reason of such subsection.
"(7) SPECIAL RULE RELATED TO TIME OF FILING RETURN. — Solely for purposes of this subsection, a return of tax shall not be treated as filed until such return has been processed by the Internal Revenue Service.
"(8) RESTRICTION ON USE OF CERTAIN PREVIOUSLY ISSUED PREPAID DEBIT CARDS. — Payments made by the Secretary to individuals under this section shall not be in the form of an increase in the balance of any previously issued prepaid debit card if, as of the time of the issuance of such card, such card was issued solely for purposes of making payments under section 6428 or 6428A.
"(h) REGULATIONS. — The Secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section, including —
"(1) regulations or other guidance providing taxpayers the opportunity to provide the Secretary information sufficient to allow the Secretary to make payments to such taxpayers under subsection (g) (including the determination of the amount of such payment) if such information is not otherwise available to the Secretary, and
"(2) regulations or other guidance to ensure to the maximum extent administratively practicable that, in determining the amount of any credit under subsection (a) and any credit or refund under subsection (g), an individual is not taken into account more than once, including by different taxpayers and including by reason of a change in joint return status or dependent status between the taxable year for which an advance refund amount is determined and the taxable year for which a credit under subsection (a) is determined.
"(i) OUTREACH. — The Secretary shall carry out a robust and comprehensive outreach program to ensure that all taxpayers described in subsection (h)(1) learn of their eligibility for the advance refunds and credits under subsection (g); are advised of the opportunity to receive such advance refunds and credits as provided under subsection (h)(1); and are provided assistance in applying for such advance refunds and credits.".
(b) TREATMENT OF CERTAIN POSSESSIONS. —
(1) PAYMENTS TO POSSESSIONS WITH MIRROR CODE TAX SYSTEMS. — The Secretary of the Treasury shall pay to each possession of the United States which has a mirror code tax system amounts equal to the loss (if any) to that possession by reason of the amendments made by this section. Such amounts shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession.
(2) PAYMENTS TO OTHER POSSESSIONS. — The Secretary of the Treasury shall pay to each possession of the United States which does not have a mirror code tax system amounts estimated by the Secretary of the Treasury as being equal to the aggregate benefits (if any) that would have been provided to residents of such possession by reason of the amendments made by this section if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply unless the respective possession has a plan, which has been approved by the Secretary of the Treasury, under which such possession will promptly distribute such payments to its residents.
(3) INCLUSION OF ADMINISTRATIVE EXPENSES. — The Secretary of the Treasury shall pay to each possession of the United States to which the Secretary makes a payment under paragraph (1) or (2) an amount equal to the lesser of —
(A) the increase (if any) of the administrative expenses of such possession —
(i) in the case of a possession described in paragraph (1), by reason of the amendments made by this section, and
(ii) in the case of a possession described in paragraph (2), by reason of carrying out the plan described in such paragraph, or
(B) $500,000 ($10,000,000 in the case of Puerto Rico).
The amount described in subparagraph (A) shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession.
(4) COORDINATION WITH CREDIT ALLOWED AGAINST UNITED STATES INCOME TAXES. — No credit shall be allowed against United States income taxes under section 6428B of the Internal Revenue Code of 1986 (as added by this section), nor shall any credit or refund be made or allowed under subsection (g) of such section, to any person —
(A) to whom a credit is allowed against taxes imposed by the possession by reason of the amendments made by this section, or
(B) who is eligible for a payment under a plan described in paragraph (2).
(5) MIRROR CODE TAX SYSTEM. — For purposes of this subsection, the term "mirror code tax system" means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States.
(6) TREATMENT OF PAYMENTS. — For purposes of section 1324 of title 31, United States Code, the payments under this subsection shall be treated in the same manner as a refund due from a credit provision referred to in subsection (b)(2) of such section.
(c) ADMINISTRATIVE PROVISIONS. —
(1) DEFINITION OF DEFICIENCY. — Section 6211(b)(4)(A) of the Internal Revenue Code of 1986 is amended by striking "6428, and 6428A" and inserting "6428, 6428A, and 6428B".
(2) EXCEPTION FROM REDUCTION OR OFFSET. — Any refund payable by reason of section 6428B(g) of the Internal Revenue Code of 1986 (as added by this section), or any such refund payable by reason of subsection (b) of this section, shall not be —
(A) subject to reduction or offset pursuant to subsection (c), (d), (e), or (f) of section 6402 of the Internal Revenue Code of 1986 or any similar authority permitting offset, or
(B) reduced or offset by other assessed Federal taxes that would otherwise be subject to levy or collection.
(3) CONFORMING AMENDMENTS. —
(A) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting "6428B," after "6428A,".
(B) The table of sections for subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 6428A the following new item:
"Sec. 6428B. 2021 recovery rebates to individuals.".
(d) APPROPRIATIONS. — Immediately upon the enactment of this Act, in addition to amounts otherwise available, there are appropriated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated:
(1) $1,464,500,000 to remain available until September 30, 2023 for necessary expenses for the Internal Revenue Service for the administration of the advance payments, the provision of taxpayer assistance, and the furtherance of integrated, modernized, and secure Internal Revenue Service systems, of which up to $20,000,000 is available for premium pay for services related to the development of information technology as determined by the Commissioner of the Internal Revenue occurring between January 1, 2020 and December 31, 2022, and all of which shall supplement and not supplant any other appropriations that may be available for this purpose.
(2) $7,000,000 to remain available until September 30, 2022, for necessary expenses for the Bureau of the Fiscal Service to carry out this section (and the amendments made by this section), which shall supplement and not supplant any other appropriations that may be available for this purpose, and
(3) $8,000,000 to remain available until September 30, 2023, for the Treasury Inspector General for Tax Administration for the purposes of overseeing activities related to the administration of this section (and the amendments made by this section), which shall supplement and not supplant any other appropriations that may be available for this purpose.
PART 2 — CHILD TAX CREDIT
SEC. 9611. CHILD TAX CREDIT IMPROVEMENTS FOR 2021.
(a) IN GENERAL. — Section 24 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:
"(i) SPECIAL RULES FOR 2021. — In the case of any taxable year beginning after December 31, 2020, and before January 1, 2022 —
"(1) REFUNDABLE CREDIT. — If the taxpayer (in the case of a joint return, either spouse) has a principal place of abode in the United States (determined as provided in section 32) for more than one-half of the taxable year or is a bona fide resident of Puerto Rico (within the meaning of section 937(a)) for such taxable year —
"(A) subsection (d) shall not apply, and
"(B) so much of the credit determined under subsection (a) (after application of subparagraph (A)) as does not exceed the amount of such credit which would be so determined without regard to subsection (h)(4) shall be allowed under subpart C (and not allowed under this subpart).
"(2) 17-YEAR-OLDS ELIGIBLE FOR TREATMENT AS QUALIFYING CHILDREN. — This section shall be applied —
"(A) by substituting 'age 18' for 'age 17' in subsection (c)(1), and
"(B) by substituting 'described in subsection (c) (determined after the application of subsection (i)(2)(A))' for 'described in subsection (c)' in subsection (h)(4)(A).
"(3) CREDIT AMOUNT. — Subsection (h)(2) shall not apply and subsection (a) shall be applied by substituting '$3,000 ($3,600 in the case of a qualifying child who has not attained age 6 as of the close of the calendar year in which the taxable year of the taxpayer begins)' for '$1,000'.
"(4) REDUCTION OF INCREASED CREDIT AMOUNT BASED ON MODIFIED ADJUSTED GROSS INCOME. —
"(A) IN GENERAL. — The amount of the credit allowable under subsection (a) (determined without regard to subsection (b)) shall be reduced by $50 for each $1,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income (as defined in subsection (b)) exceeds the applicable threshold amount.
"(B) APPLICABLE THRESHOLD AMOUNT. — For purposes of this paragraph, the term 'applicable threshold amount' means —
"(i) $150,000, in the case of a joint return or surviving spouse (as defined in section 2(a)),
"(ii) $112,500, in the case of a head of household (as defined in section 2(b)), and
"(iii) $75,000, in any other case.
"(C) LIMITATION ON REDUCTION. —
"(i) IN GENERAL. — The amount of the reduction under subparagraph (A) shall not exceed the lesser of —
"(I) the applicable credit increase amount, or
"(II) 5 percent of the applicable phaseout threshold range.
"(ii) APPLICABLE CREDIT INCREASE AMOUNT. — For purposes of this subparagraph, the term 'applicable credit increase amount' means the excess (if any) of —
"(I) the amount of the credit allowable under this section for the taxable year determined without regard to this paragraph and subsection (b), over
"(II) the amount of such credit as so determined and without regard to paragraph (3).
"(iii) APPLICABLE PHASEOUT THRESHOLD RANGE. — For purposes of this subparagraph, the term 'applicable phaseout threshold range' means the excess of —
"(I) the threshold amount applicable to the taxpayer under subsection (b) (determined after the application of subsection (h)(3)), over
"(II) the applicable threshold amount applicable to the taxpayer under this paragraph.
"(D) COORDINATION WITH LIMITATION ON OVERALL CREDIT. — Subsection (b) shall be applied by substituting 'the credit allowable under subsection (a) (determined after the application of subsection (i)(4)(A)' for 'the credit allowable under subsection (a)'.".
(b) ADVANCE PAYMENT OF CREDIT. —
(1) IN GENERAL. — Chapter 77 of such Code is amended by inserting after section 7527 the following new section:
"SEC. 7527A. ADVANCE PAYMENT OF CHILD TAX CREDIT.
"(a) IN GENERAL. — The Secretary shall establish a program for making periodic payments to taxpayers which, in the aggregate during any calendar year, equal the annual advance amount determined with respect to such taxpayer for such calendar year. Except as provided in subsection (b)(3)(B), the periodic payments made to any taxpayer for any calendar year shall be in equal amounts.
"(b) ANNUAL ADVANCE AMOUNT. — For purposes of this section —
"(1) IN GENERAL. — Except as otherwise provided in this subsection, the term 'annual advance amount' means, with respect to any taxpayer for any calendar year, the amount (if any) which is estimated by the Secretary as being equal to 50 percent of the amount which would be treated as allowed under subpart C of part IV of subchapter A of chapter 1 by reason of section 24(i)(1) for the taxpayer's taxable year beginning in such calendar year if —
"(A) the status of the taxpayer as a taxpayer described in section 24(i)(1) is determined with respect to the reference taxable year,
"(B) the taxpayer's modified adjusted gross income for such taxable year is equal to the taxpayer's modified adjusted gross income for the reference taxable year,
"(C) the only children of such taxpayer for such taxable year are qualifying children properly claimed on the taxpayer's return of tax for the reference taxable year, and
"(D) the ages of such children (and the status of such children as qualifying children) are determined for such taxable year by taking into account the passage of time since the reference taxable year.
"(2) REFERENCE TAXABLE YEAR. — Except as provided in paragraph (3)(A), the term 'reference taxable year' means, with respect to any taxpayer for any calendar year, the taxpayer's taxable year beginning in the preceding calendar year or, in the case of taxpayer who did not file a return of tax for such taxable year, the taxpayer's taxable year beginning in the second preceding calendar year.
"(3) MODIFICATIONS DURING CALENDAR YEAR. —
"(A) IN GENERAL. — The Secretary may modify, during any calendar year, the annual advance amount with respect to any taxpayer for such calendar year to take into account —
"(i) a return of tax filed by such taxpayer during such calendar year (and the taxable year to which such return relates may be taken into account as the reference taxable year), and
"(ii) any other information provided by the taxpayer to the Secretary which allows the Secretary to determine payments under subsection (a) which, in the aggregate during any taxable year of the taxpayer, more closely total the Secretary's estimate of the amount treated as allowed under subpart C of part IV of subchapter A of chapter 1 by reason of section 24(i)(1) for such taxable year of such taxpayer.
"(B) ADJUSTMENT TO REFLECT EXCESS OR DEFICIT IN PRIOR PAYMENTS. — In the case of any modification of the annual advance amount under subparagraph (A), the Secretary may adjust the amount of any periodic payment made after the date of such modification to properly take into account the amount by which any periodic payment made before such date was greater than or less than the amount that such payment would have been on the basis of the annual advance amount as so modified.
"(4) DETERMINATION OF STATUS. — If information contained in the taxpayer's return of tax for the reference taxable year does not establish the status of the taxpayer as being described in section 24(i)(1), the Secretary shall, for purposes of paragraph (1)(A), determine such status based on information known to the Secretary.
"(5) TREATMENT OF CERTAIN DEATHS. — A child shall not be taken into account in determining the annual advance amount under paragraph (1) if the death of such child is known to the Secretary as of the beginning of the calendar year for which the estimate under such paragraph is made.
"(c) ONLINE INFORMATION PORTAL. — The Secretary shall establish an online portal which allows taxpayers to —
"(1) elect not to receive payments under this section, and
"(2) provide information to the Secretary which would be relevant to a modification under subsection (b)(3)(B) of the annual advance amount, including information regarding —
"(A) a change in the number of the taxpayer's qualifying children, including by reason of the birth of a child,
"(B) a change in the taxpayer's marital status,
"(C) a significant change in the taxpayer's income, and
"(D) any other factor which the Secretary may provide.
"(d) NOTICE OF PAYMENTS. — Not later than January 31 of the calendar year following any calendar year during which the Secretary makes one or more payments to any taxpayer under this section, the Secretary shall provide such taxpayer with a written notice which includes the taxpayer's taxpayer identity (as defined in section 6103(b)(6)), the aggregate amount of such payments made to such taxpayer during such calendar year, and such other information as the Secretary determines appropriate.
"(e) ADMINISTRATIVE PROVISIONS. —
"(1) APPLICATION OF ELECTRONIC FUNDS PAYMENT REQUIREMENT. — The payments made by the Secretary under subsection (a) shall be made by electronic funds transfer to the same extent and in the same manner as if such payments were Federal payments not made under this title.
"(2) APPLICATION OF CERTAIN RULES. — Rules similar to the rules of subparagraphs (B) and (C) of section 6428A(f)(3) shall apply for purposes of this section.
"(3) EXCEPTION FROM REDUCTION OR OFFSET. — Any payment made to any individual under this section shall not be —
"(A) subject to reduction or offset pursuant to subsection (c), (d), (e), or (f) of section 6402 or any similar authority permitting offset, or
"(B) reduced or offset by other assessed Federal taxes that would otherwise be subject to levy or collection.
"(4) APPLICATION OF ADVANCE PAYMENTS IN THE POSSESSIONS OF THE UNITED STATES. —
"(A) IN GENERAL. — The advance payment amount determined under this section shall be determined —
"(i) by applying section 24(i)(1) without regard to the phrase 'or is a bona fide resident of Puerto Rico (within the meaning of section 937(a))', and
"(ii) without regard to section 24(k)(3)(C)(ii)(I).
"(B) MIRROR CODE POSSESSIONS. — In the case of any possession of the United States with a mirror code tax system (as defined in section 24(k)), this section shall not be treated as part of the income tax laws of the United States for purposes of determining the income tax law of such possession unless such possession elects to have this section be so treated.
"(C) ADMINISTRATIVE EXPENSES OF ADVANCE PAYMENTS. —
"(i) MIRROR CODE POSSESSIONS. — In the case of any possession described in subparagraph (B) which makes the election described in such subparagraph, the amount otherwise paid by the Secretary to such possession under section 24(k)(1)(A) with respect to taxable years beginning in 2021 shall be increased by $300,000 if such possession has a plan, which has been approved by the Secretary, for making advance payments consistent with such election.
"(ii) AMERICAN SAMOA. — The amount otherwise paid by the Secretary to American Samoa under subparagraph (A) of section 24(k)(3) with respect to taxable years beginning in 2021 shall be increased by $300,000 if the plan described in subparagraph (B) of such section includes a program, which has been approved by the Secretary, for making advance payments under rules similar to the rules of this section.
"(iii) TIMING OF PAYMENT. — The Secretary may pay, upon the request of the possession of the United States to which the payment is to be made, the amount of the increase determined under clause (i) or (ii) immediately upon approval of the plan referred to in such clause, respectively.
"(f) APPLICATION. — No payments shall be made under the program established under subsection (a) with respect to —
"(1) any period before July 1, 2021, or
"(2) any period after December 31, 2021.
"(g) REGULATIONS. — The Secretary shall issue such regulations or other guidance as the Secretary determines necessary or appropriate to carry out the purposes of this section and subsections (i)(1) and (j) of section 24, including regulations or other guidance which provides for the application of such provisions where the filing status of the taxpayer for a taxable year is different from the status used for determining the annual advance amount.".
(2) RECONCILIATION OF CREDIT AND ADVANCE CREDIT. — Section 24 of such Code, as amended by the preceding provision of this Act, is amended by adding at the end the following new subsection:
"(j) RECONCILIATION OF CREDIT AND ADVANCE CREDIT. —
"(1) IN GENERAL. — The amount of the credit allowed under this section to any taxpayer for any taxable year shall be reduced (but not below zero) by the aggregate amount of payments made under section 7527A to such taxpayer during such taxable year. Any failure to so reduce the credit shall be treated as arising out of a mathematical or clerical error and assessed according to section 6213(b)(1).
"(2) EXCESS ADVANCE PAYMENTS. —
"(A) IN GENERAL. — If the aggregate amount of payments under section 7527A to the taxpayer during the taxable year exceeds the amount of the credit allowed under this section to such taxpayer for such taxable year (determined without regard to paragraph (1)), the tax imposed by this chapter for such taxable year shall be increased by the amount of such excess. Any failure to so increase the tax shall be treated as arising out of a mathematical or clerical error and assessed according to section 6213(b)(1).
"(B) SAFE HARBOR BASED ON MODIFIED ADJUSTED GROSS INCOME. —
"(i) IN GENERAL. — In the case of a taxpayer whose modified adjusted gross income (as defined in subsection (b)) for the taxable year does not exceed 200 percent of the applicable income threshold, the amount of the increase determined under subparagraph (A) with respect to such taxpayer for such taxable year shall be reduced (but not below zero) by the safe harbor amount.
"(ii) PHASE OUT OF SAFE HARBOR AMOUNT. — In the case of a taxpayer whose modified adjusted gross income (as defined in subsection (b)) for the taxable year exceeds the applicable income threshold, the safe harbor amount otherwise in effect under clause (i) shall be reduced by the amount which bears the same ratio to such amount as such excess bears to the applicable income threshold.
"(iii) APPLICABLE INCOME THRESHOLD. — For purposes of this subparagraph, the term 'applicable income threshold' means —
"(I) $60,000 in the case of a joint return or surviving spouse (as defined in section 2(a)),
"(II) $50,000 in the case of a head of household, and
"(III) $40,000 in any other case.
"(iv) SAFE HARBOR AMOUNT. — For purposes of this subparagraph, the term 'safe harbor amount' means, with respect to any taxable year, the product of —
"(I) $2,000, multiplied by
"(II) the excess (if any) of the number of qualified children taken into account in determining the annual advance amount with respect to the taxpayer under section 7527A with respect to months beginning in such taxable year, over the number of qualified children taken into account in determining the credit allowed under this section for such taxable year.".
(3) COORDINATION WITH WAGE WITHHOLDING. — Section 3402(f)(1)(C) of such Code is amended by striking "section 24(a)" and inserting "section 24 (determined after application of subsection (j) thereof)".
(4) CONFORMING AMENDMENTS. —
(A) Section 26(b)(2) of such Code is amended by striking "and" at the end of subparagraph (X), by striking the period at the end of subparagraph (Y) and inserting ", and", and by adding at the end the following new subparagraph:
"(Z) section 24(j)(2) (relating to excess advance payments).".
(B) Section 6211(b)(4)(A) of such Code, as amended by the preceding provisions of this subtitle, is amended —
(i) by striking "24(d)" and inserting "24 by reason of subsections (d) and (i)(1) thereof", and
(ii) by striking "and 6428B" and inserting "6428B, and 7527A".
(C) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended —
(i) by inserting "24," before "25A", and
(ii) by striking " or 6431" and inserting "6431, or 7527A".
(D) The table of sections for chapter 77 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 7527 the following new item:
"Sec. 7527A. Advance payment of child tax credit.".
(5) APPROPRIATIONS TO CARRY OUT ADVANCE PAYMENTS. — Immediately upon the enactment of this Act, in addition to amounts otherwise available, there are appropriated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated:
(A) $397,200,000 to remain available until September 30, 2022, for necessary expenses for the Internal Revenue Service to carry out this section (and the amendments made by this section), which shall supplement and not supplant any other appropriations that may be available for this purpose, and
(B) $16,200,000 to remain available until September 30, 2022, for necessary expenses for the Bureau of the Fiscal Service to carry out this section (and the amendments made by this section), which shall supplement and not supplant any other appropriations that may be available for this purpose.
(c) EFFECTIVE DATE. —
(1) IN GENERAL. — The amendments made by this section shall apply to taxable years beginning after December 31, 2020.
(2) ESTABLISHMENT OF ADVANCE PAYMENT PROGRAM. — The Secretary of the Treasury (or the Secretary's designee) shall establish the program described in section 7527A of the Internal Revenue Code of 1986 as soon as practicable after the date of the enactment of this Act, except that the Secretary shall ensure that the timing of the establishment of such program does not interfere with carrying out section 6428B(g) as rapidly as possible.
SEC. 9612. APPLICATION OF CHILD TAX CREDIT IN POSSESSIONS.
(a) IN GENERAL. — Section 24 of the Internal Revenue Code of 1986, as amended by the preceding provisions of this Act, is amended by adding at the end the following new subsection:
"(k) APPLICATION OF CREDIT IN POSSESSIONS. —
"(1) MIRROR CODE POSSESSIONS. —
"(A) IN GENERAL. — The Secretary shall pay to each possession of the United States with a mirror code tax system amounts equal to the loss (if any) to that possession by reason of the application of this section (determined without regard to this subsection) with respect to taxable years beginning after 2020. Such amounts shall be determined by the Secretary based on information provided by the government of the respective possession.
"(B) COORDINATION WITH CREDIT ALLOWED AGAINST UNITED STATES INCOME TAXES. — No credit shall be allowed under this section for any taxable year to any individual to whom a credit is allowable against taxes imposed by a possession of the United States with a mirror code tax system by reason of the application of this section in such possession for such taxable year.
"(C) MIRROR CODE TAX SYSTEM. — For purposes of this paragraph, the term 'mirror code tax system' means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States.
"(2) PUERTO RICO. —
"(A) APPLICATION TO TAXABLE YEARS IN 2021. —
"(i) For application of refundable credit to residents of Puerto Rico, see subsection (i)(1).
"(ii) For nonapplication of advance payment to residents of Puerto Rico, see section 7527A(e)(4)(A).
"(B) APPLICATION TO TAXABLE YEARS AFTER 2021. — In the case of any bona fide resident of Puerto Rico (within the meaning of section 937(a)) for any taxable year beginning after December 31, 2021 —
"(i) the credit determined under this section shall be allowable to such resident, and
"(ii) subsection (d)(1)(B)(ii) shall be applied without regard to the phrase 'in the case of a taxpayer with 3 or more qualifying children'.
"(3) AMERICAN SAMOA. —
"(A) IN GENERAL. — The Secretary shall pay to American Samoa amounts estimated by the Secretary as being equal to the aggregate benefits that would have been provided to residents of American Samoa by reason of the application of this section for taxable years beginning after 2020 if the provisions of this section had been in effect in American Samoa (applied as if American Samoa were the United States and without regard to the application of this section to bona fide residents of Puerto Rico under subsection (i)(1)).
"(B) DISTRIBUTION REQUIREMENT. — Subparagraph (A) shall not apply unless American Samoa has a plan, which has been approved by the Secretary, under which American Samoa will promptly distribute such payments to its residents.
"(C) COORDINATION WITH CREDIT ALLOWED AGAINST UNITED STATES INCOME TAXES. —
"(i) IN GENERAL. — In the case of a taxable year with respect to which a plan is approved under subparagraph (B), this section (other than this subsection) shall not apply to any individual eligible for a distribution under such plan.
"(ii) APPLICATION OF SECTION IN EVENT OF ABSENCE OF APPROVED PLAN. — In the case of a taxable year with respect to which a plan is not approved under subparagraph (B) —
"(I) if such taxable year begins in 2021, subsection (i)(1) shall be applied by substituting 'bona fide resident of Puerto Rico or American Samoa' for 'bona fide resident of Puerto Rico', and
"(II) if such taxable year begins after December 31, 2021, rules similar to the rules of paragraph (2)(B) shall apply with respect to bona fide residents of American Samoa (within the meaning of section 937(a)).
"(4) TREATMENT OF PAYMENTS. — For purposes of section 1324 of title 31, United States Code, the payments under this subsection shall be treated in the same manner as a refund due from a credit provision referred to in subsection (b)(2) of such section.".
(b) EFFECTIVE DATE. — The amendments made by this section shall apply to taxable years beginning after December 31, 2020.
PART 3 — EARNED INCOME TAX CREDIT
SEC. 9621. STRENGTHENING THE EARNED INCOME TAX CREDIT FOR INDIVIDUALS WITH NO QUALIFYING CHILDREN.
(a) SPECIAL RULES FOR 2021. — Section 32 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:
"(n) SPECIAL RULES FOR INDIVIDUALS WITHOUT QUALIFYING CHILDREN. — In the case of any taxable year beginning after December 31, 2020, and before January 1, 2022 —
"(1) DECREASE IN MINIMUM AGE FOR CREDIT. —
"(A) IN GENERAL. — Subsection (c)(1)(A)(ii)(II) shall be applied by substituting 'the applicable minimum age' for 'age 25'.
"(B) APPLICABLE MINIMUM AGE. — For purposes of this paragraph, the term 'applicable minimum age' means —
"(i) except as otherwise provided in this subparagraph, age 19,
"(ii) in the case of a specified student (other than a qualified former foster youth or a qualified homeless youth), age 24, and
"(iii) in the case of a qualified former foster youth or a qualified homeless youth, age 18.
"(C) SPECIFIED STUDENT. — For purposes of this paragraph, the term 'specified student' means, with respect to any taxable year, an individual who is an eligible student (as defined in section 25A(b)(3)) during at least 5 calendar months during the taxable year.
"(D) QUALIFIED FORMER FOSTER YOUTH. — For purposes of this paragraph, the term 'qualified former foster youth' means an individual who —
"(i) on or after the date that such individual attained age 14, was in foster care provided under the supervision or administration of an entity administering (or eligible to administer) a plan under part B or part E of title IV of the Social Security Act (without regard to whether Federal assistance was provided with respect to such child under such part E), and
"(ii) provides (in such manner as the Secretary may provide) consent for entities which administer a plan under part B or part E of title IV of the Social Security Act to disclose to the Secretary information related to the status of such individual as a qualified former foster youth.
"(E) QUALIFIED HOMELESS YOUTH. — For purposes of this paragraph, the term 'qualified homeless youth' means, with respect to any taxable year, an individual who certifies, in a manner as provided by the Secretary, that such individual is either an unaccompanied youth who is a homeless child or youth, or is unaccompanied, at risk of homelessness, and self-supporting.
"(2) ELIMINATION OF MAXIMUM AGE FOR CREDIT. — Subsection (c)(1)(A)(ii)(II) shall be applied without regard to the phrase 'but not attained age 65'.
"(3) INCREASE IN CREDIT AND PHASEOUT PERCENTAGES. — The table contained in subsection (b)(1) shall be applied by substituting '15.3' for '7.65' each place it appears therein.
"(4) INCREASE IN EARNED INCOME AND PHASEOUT AMOUNTS. —
"(A) IN GENERAL. — The table contained in subsection (b)(2)(A) shall be applied —
"(i) by substituting '$9,820' for '$4,220', and
"(ii) by substituting '$11,610' for '$5,280'.
"(B) COORDINATION WITH INFLATION ADJUSTMENT. — Subsection (j) shall not apply to any dollar amount specified in this paragraph.".
(b) INFORMATION RETURN MATCHING. — As soon as practicable, the Secretary of the Treasury (or the Secretary's delegate) shall develop and implement procedures to use information returns under section 6050S (relating to returns relating to higher education tuition and related expenses) to check the status of individuals as specified students for purposes of section 32(n)(1)(B)(ii) of the Internal Revenue Code of 1986 (as added by this section).
(c) EFFECTIVE DATE. — The amendment made by this section shall apply to taxable years beginning after December 31, 2020.
SEC. 9622. TAXPAYER ELIGIBLE FOR CHILDLESS EARNED INCOME CREDIT IN CASE OF QUALIFYING CHILDREN WHO FAIL TO MEET CERTAIN IDENTIFICATION REQUIREMENTS.
(a) IN GENERAL. — Section 32(c)(1) of the Internal Revenue Code of 1986 is amended by striking subparagraph (F).
(b) EFFECTIVE DATE. — The amendment made by this section shall apply to taxable years beginning after December 31, 2020.
SEC. 9623. CREDIT ALLOWED IN CASE OF CERTAIN SEPARATED SPOUSES.
(a) IN GENERAL. — Section 32(d) of the Internal Revenue Code of 1986 is amended —
(1) by striking "MARRIED INDIVIDUALS. — In the case of" and inserting the following: "MARRIED INDIVIDUALS. —
"(1) IN GENERAL. — In the case of", and
(2) by adding at the end the following new paragraph:
"(2) DETERMINATION OF MARITAL STATUS. — For purposes of this section —
"(A) IN GENERAL. — Except as provided in subparagraph (B), marital status shall be determined under section 7703(a).
"(B) SPECIAL RULE FOR SEPARATED SPOUSE. — An individual shall not be treated as married if such individual —
"(i) is married (as determined under section 7703(a)) and does not file a joint return for the taxable year,
"(ii) resides with a qualifying child of the individual for more than one-half of such taxable year, and
"(iii)(I) during the last 6 months of such taxable year, does not have the same principal place of abode as the individual's spouse, or
"(II) has a decree, instrument, or agreement (other than a decree of divorce) described in section 121(d)(3)(C) with respect to the individual's spouse and is not a member of the same household with the individual's spouse by the end of the taxable year.".
(b) CONFORMING AMENDMENTS. —
(1) Section 32(c)(1)(A) of such Code is amended by striking the last sentence.
(2) Section 32(c)(1)(E)(ii) of such Code is amended by striking "(within the meaning of section 7703)".
(3) Section 32(d)(1) of such Code, as amended by subsection (a), is amended by striking "(within the meaning of section 7703)".
(c) EFFECTIVE DATE. — The amendments made by this section shall apply to taxable years beginning after December 31, 2020.
SEC. 9624. MODIFICATION OF DISQUALIFIED INVESTMENT INCOME TEST.
(a) IN GENERAL. — Section 32(i) of the Internal Revenue Code of 1986 is amended by striking "$2,200" and inserting "$10,000".
(b) INFLATION ADJUSTMENT. — Section 32(j)(1) of such Code is amended —
(1) in the matter preceding subparagraph (A), by inserting "(2021 in the case of the dollar amount in subsection (i)(1))" after "2015",
(2) in subparagraph (B)(i) —
(A) by striking "subsections (b)(2)(A) and (i)(1)" and inserting "subsection (b)(2)(A)", and
(B) by striking "and" at the end,
(3) by inserting after subparagraph (B)(ii) the following new clause:
"(iii) in the case of the $10,000 amount in subsection (i)(1), 'calendar year 2020' for 'calendar year 2016'.".
(c) EFFECTIVE DATE. — The amendments made by this section shall apply to taxable years beginning after December 31, 2020.
SEC. 9625. APPLICATION OF EARNED INCOME TAX CREDIT IN POSSESSIONS OF THE UNITED STATES.
(a) IN GENERAL. — Chapter 77 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:
"SEC. 7530. APPLICATION OF EARNED INCOME TAX CREDIT TO POSSESSIONS OF THE UNITED STATES.
"(a) PUERTO RICO. —
"(1) IN GENERAL. — With respect to calendar year 2021 and each calendar year thereafter, the Secretary shall, except as otherwise provided in this subsection, make payments to Puerto Rico equal to —
"(A) the specified matching amount for such calendar year, plus
"(B) in the case of calendar years 2021 through 2025, the lesser of —
"(i) the expenditures made by Puerto Rico during such calendar year for education efforts with respect to individual taxpayers and tax return preparers relating to the earned income tax credit, or
"(ii) $1,000,000.
"(2) REQUIREMENT TO REFORM EARNED INCOME TAX CREDIT. — The Secretary shall not make any payments under paragraph (1) with respect to any calendar year unless Puerto Rico has in effect an earned income tax credit for taxable years beginning in or with such calendar year which (relative to the earned income tax credit which was in effect for taxable years beginning in or with calendar year 2019) increases the percentage of earned income which is allowed as a credit for each group of individuals with respect to which such percentage is separately stated or determined in a manner designed to substantially increase workforce participation.
"(3) SPECIFIED MATCHING AMOUNT. — For purposes of this subsection —
"(A) IN GENERAL. — The term 'specified matching amount' means, with respect to any calendar year, the lesser of —
"(i) the excess (if any) of —
"(I) the cost to Puerto Rico of the earned income tax credit for taxable years beginning in or with such calendar year, over
"(II) the base amount for such calendar year, or
"(ii) the product of 3, multiplied by the base amount for such calendar year.
"(B) BASE AMOUNT. —
"(i) BASE AMOUNT FOR 2021. — In the case of calendar year 2021, the term 'base amount' means the greater of —
"(I) the cost to Puerto Rico of the earned income tax credit for taxable years beginning in or with calendar year 2019 (rounded to the nearest multiple of $1,000,000), or
"(II) $200,000,000.
"(ii) INFLATION ADJUSTMENT. — In the case of any calendar year after 2021, the term 'base amount' means the dollar amount determined under clause (i) increased by an amount equal to —
"(I) such dollar amount, multiplied by —
"(II) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, determined by substituting 'calendar year 2020' for 'calendar year 2016' in subparagraph (A)(ii) thereof.
Any amount determined under this clause shall be rounded to the nearest multiple of $1,000,000.
"(4) RULES RELATED TO PAYMENTS. —
"(A) TIMING OF PAYMENTS. — The Secretary shall make payments under paragraph (1) for any calendar year —
"(i) after receipt of such information as the Secretary may require to determine such payments, and
"(ii) except as provided in clause (i), within a reasonable period of time before the due date for individual income tax returns (as determined under the laws of Puerto Rico) for taxable years which began on the first day of such calendar year.
"(B) INFORMATION. — The Secretary may require the reporting of such information as the Secretary may require to carry out this subsection.
"(C) DETERMINATION OF COST OF EARNED INCOME TAX CREDIT. — For purposes of this subsection, the cost to Puerto Rico of the earned income tax credit shall be determined by the Secretary on the basis of the laws of Puerto Rico and shall include reductions in revenues received by Puerto Rico by reason of such credit and refunds attributable to such credit, but shall not include any administrative costs with respect to such credit.
"(b) POSSESSIONS WITH MIRROR CODE TAX SYSTEMS. —
"(1) IN GENERAL. — With respect to calendar year 2021 and each calendar year thereafter, the Secretary shall, except as otherwise provided in this subsection, make payments to the Virgin Islands, Guam, and the Commonwealth of the Northern Mariana Islands equal to —
"(A) the cost to such possession of the earned income tax credit for taxable years beginning in or with such calendar year, plus
"(B) in the case of calendar years 2021 through 2025, the lesser of —
"(i) the expenditures made by such possession during such calendar year for education efforts with respect to individual taxpayers and tax return preparers relating to such earned income tax credit, or
"(ii) $50,000.
"(2) APPLICATION OF CERTAIN RULES. — Rules similar to the rules of subparagraphs (A), (B), and (C) of subsection (a)(4) shall apply for purposes of this subsection.
"(c) AMERICAN SAMOA. —
"(1) IN GENERAL. — With respect to calendar year 2021 and each calendar year thereafter, the Secretary shall, except as otherwise provided in this subsection, make payments to American Samoa equal to —
"(A) the lesser of —
"(i) the cost to American Samoa of the earned income tax credit for taxable years beginning in or with such calendar year, or
"(ii) $16,000,000, plus
"(B) in the case of calendar years 2021 through 2025, the lesser of —
"(i) the expenditures made by American Samoa during such calendar year for education efforts with respect to individual taxpayers and tax return preparers relating to such earned income tax credit, or
"(ii) $50,000.
"(2) REQUIREMENT TO ENACT AND MAINTAIN AN EARNED INCOME TAX CREDIT. — The Secretary shall not make any payments under paragraph (1) with respect to any calendar year unless American Samoa has in effect an earned income tax credit for taxable years beginning in or with such calendar year which allows a refundable tax credit to individuals on the basis of the taxpayer's earned income which is designed to substantially increase workforce participation.
"(3) INFLATION ADJUSTMENT. — In the case of any calendar year after 2021, the $16,000,000 amount in paragraph (1)(A)(ii) shall be increased by an amount equal to —
"(A) such dollar amount, multiplied by —
"(B) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, determined by substituting 'calendar year 2020' for 'calendar year 2016' in subparagraph (A)(ii) thereof.
Any increase determined under this clause shall be rounded to the nearest multiple of $100,000.
"(4) APPLICATION OF CERTAIN RULES. — Rules similar to the rules of subparagraphs (A), (B), and (C) of subsection (a)(4) shall apply for purposes of this subsection.
"(d) TREATMENT OF PAYMENTS. — For purposes of section 1324 of title 31, United States Code, the payments under this section shall be treated in the same manner as a refund due from a credit provision referred to in subsection (b)(2) of such section.".
(b) CLERICAL AMENDMENT. — The table of sections for chapter 77 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item:
"Sec. 7530. Application of earned income tax credit to possessions of the United States.".
SEC. 9626. TEMPORARY SPECIAL RULE FOR DETERMINING EARNED INCOME FOR PURPOSES OF EARNED INCOME TAX CREDIT.
(a) IN GENERAL. — If the earned income of the taxpayer for the taxpayer's first taxable year beginning in 2021 is less than the earned income of the taxpayer for the taxpayer's first taxable year beginning in 2019, the credit allowed under section 32 of the Internal Revenue Code of 1986 may, at the election of the taxpayer, be determined by substituting —
(1) such earned income for the taxpayer's first taxable year beginning in 2019, for
(2) such earned income for the taxpayer's first taxable year beginning in 2021.
(b) EARNED INCOME. —
(1) IN GENERAL. — For purposes of this section, the term "earned income" has the meaning given such term under section 32(c) of the Internal Revenue Code of 1986.
(2) APPLICATION TO JOINT RETURNS. — For purposes of subsection (a), in the case of a joint return, the earned income of the taxpayer for the first taxable year beginning in 2019 shall be the sum of the earned income of each spouse for such taxable year.
(c) SPECIAL RULES. —
(1) ERRORS TREATED AS MATHEMATICAL ERRORS. — For purposes of section 6213 of the Internal Revenue Code of 1986, an incorrect use on a return of earned income pursuant to subsection (a) shall be treated as a mathematical or clerical error.
(2) NO EFFECT ON DETERMINATION OF GROSS INCOME, ETC. — Except as otherwise provided in this subsection, the Internal Revenue Code of 1986 shall be applied without regard to any substitution under subsection (a).
(d) TREATMENT OF CERTAIN POSSESSIONS. —
(3) PAYMENTS TO POSSESSIONS WITH MIRROR CODE TAX SYSTEMS. — The Secretary of the Treasury shall pay to each possession of the United States which has a mirror code tax system amounts equal to the loss (if any) to that possession by reason of the application of the provisions of this section (other than this subsection) with respect to section 32 of the Internal Revenue Code of 1986. Such amounts shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession.
(4) PAYMENTS TO OTHER POSSESSIONS. — The Secretary of the Treasury shall pay to each possession of the United States which does not have a mirror code tax system amounts estimated by the Secretary of the Treasury as being equal to the aggregate benefits (if any) that would have been provided to residents of such possession by reason of the provisions of this section (other than this subsection) with respect to section 32 of the Internal Revenue Code of 1986 if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply unless the respective possession has a plan, which has been approved by the Secretary of the Treasury, under which such possession will promptly distribute such payments to its residents.
(5) MIRROR CODE TAX SYSTEM. — For purposes of this section, the term "mirror code tax system" means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States.
(6) TREATMENT OF PAYMENTS. — For purposes of section 1324 of title 31, United States Code, the payments under this section shall be treated in the same manner as a refund due from a credit provision referred to in subsection (b)(2) of such section.
PART 4 — DEPENDENT CARE ASSISTANCE
SEC. 9631. REFUNDABILITY AND ENHANCEMENT OF CHILD AND DEPENDENT CARE TAX CREDIT.
(a) IN GENERAL. — Section 21 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:
"(g) SPECIAL RULES FOR 2021. — In the case of any taxable year beginning after December 31, 2020, and before January 1, 2022 —
"(1) CREDIT MADE REFUNDABLE. — If the taxpayer (in the case of a joint return, either spouse) has a principal place of abode in the United States (determined as provided in section 32) for more than one-half of the taxable year, the credit allowed under subsection (a) shall be treated as a credit allowed under subpart C (and not allowed under this subpart).
"(2) INCREASE IN DOLLAR LIMIT ON AMOUNT CREDITABLE. — Subsection (c) shall be applied —
"(A) by substituting '$8,000' for '$3,000' in paragraph (1) thereof, and
"(B) by substituting '$16,000' for '$6,000' in paragraph (2) thereof.
"(3) INCREASE IN APPLICABLE PERCENTAGE. — Subsection (a)(2) shall be applied —
"(A) by substituting '50 percent' for '35 percent', and
"(B) by substituting '$125,000' for '$15,000'.
"(4) APPLICATION OF PHASEOUT TO HIGH INCOME INDIVIDUALS. —
"(A) IN GENERAL. — Subsection (a)(2) shall be applied by substituting 'the phaseout percentage' for '20 percent'.
"(B) PHASE OUT PERCENTAGE. — The term 'phaseout percentage' means 20 percent reduced (but not below zero) by 1 percentage point for each $2,000 (or fraction thereof) by which the taxpayer's adjusted gross income for the taxable year exceeds $400,000.".
(b) APPLICATION OF CREDIT IN POSSESSIONS. — Section 21 of such Code, as amended by subsection (a), is amended by adding at the end the following new subsection:
"(h) APPLICATION OF CREDIT IN POSSESSIONS. —
"(1) PAYMENT TO POSSESSIONS WITH MIRROR CODE TAX SYSTEMS. — The Secretary shall pay to each possession of the United States with a mirror code tax system amounts equal to the loss (if any) to that possession by reason of the application of this section (determined without regard to this subsection) with respect to taxable years beginning in or with 2021. Such amounts shall be determined by the Secretary based on information provided by the government of the respective possession.
"(2) PAYMENTS TO OTHER POSSESSIONS. — The Secretary shall pay to each possession of the United States which does not have a mirror code tax system amounts estimated by the Secretary as being equal to the aggregate benefits that would have been provided to residents of such possession by reason of this section with respect to taxable years beginning in or with 2021 if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply unless the respective possession has a plan, which has been approved by the Secretary, under which such possession will promptly distribute such payments to its residents.
"(3) COORDINATION WITH CREDIT ALLOWED AGAINST UNITED STATES INCOME TAXES. — In the case of any taxable year beginning in or with 2021, no credit shall be allowed under this section to any individual —
"(A) to whom a credit is allowable against taxes imposed by a possession with a mirror code tax system by reason of this section, or
"(B) who is eligible for a payment under a plan described in paragraph (2).
"(4) MIRROR CODE TAX SYSTEM. — For purposes of this subsection, the term 'mirror code tax system' means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States.
"(5) TREATMENT OF PAYMENTS. — For purposes of section 1324 of title 31, United States Code, the payments under this subsection shall be treated in the same manner as a refund due from a credit provision referred to in subsection (b)(2) of such section.".
(c) CONFORMING AMENDMENTS. —
(1) Section 6211(b)(4)(A) of such Code, as amended by the preceding provisions of this Act, is amended by inserting "21 by reason of subsection (g) thereof," before "24".
(2) Section 1324(b)(2) of title 31, United States Code (as amended by the preceding provisions of this title), is amended by inserting "21," before "24".
(d) EFFECTIVE DATE. — The amendments made by this section shall apply to taxable years beginning after December 31, 2020.
SEC. 9632. INCREASE IN EXCLUSION FOR EMPLOYER-PROVIDED DEPENDENT CARE ASSISTANCE.
(a) IN GENERAL. — Section 129(a)(2) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph:
"(D) SPECIAL RULE FOR 2021. — In the case of any taxable year beginning after December 31, 2020, and before January 1, 2022, subparagraph (A) shall be applied by substituting '$10,500 (half such dollar amount' for '$5,000 ($2,500'.".
(b) EFFECTIVE DATE. — The amendment made by this section shall apply to taxable years beginning after December 31, 2020.
(c) RETROACTIVE PLAN AMENDMENTS. — A plan that otherwise satisfies all applicable requirements of sections 125 and 129 of the Internal Revenue Code of 1986 (including any rules or regulations thereunder) shall not fail to be treated as a cafeteria plan or dependent care assistance program merely because such plan is amended pursuant to a provision under this section and such amendment is retroactive, if —
(1) such amendment is adopted no later than the last day of the plan year in which the amendment is effective, and
(2) the plan is operated consistent with the terms of such amendment during the period beginning on the effective date of the amendment and ending on the date the amendment is adopted.
PART 5 — CREDITS FOR PAID SICK AND FAMILY LEAVE
SEC. 9641. PAYROLL CREDITS.
(a) IN GENERAL. — Chapter 21 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subchapter:
"Subchapter D — Credits
"Sec. 3131. Credit for paid sick leave.
"Sec. 3132. Payroll credit for paid family leave.
"Sec. 3133. Special rule related to tax on employers.
"SEC. 3131. CREDIT FOR PAID SICK LEAVE.
"(a) IN GENERAL. — In the case of an employer, there shall be allowed as a credit against applicable employment taxes for each calendar quarter an amount equal to 100 percent of the qualified sick leave wages paid by such employer with respect to such calendar quarter.
"(b) LIMITATIONS AND REFUNDABILITY. —
"(1) WAGES TAKEN INTO ACCOUNT. — The amount of qualified sick leave wages taken into account under subsection (a), plus any increases under subsection (e), with respect to any individual shall not exceed $200 ($511 in the case of any day any portion of which is paid sick time described in paragraph (1), (2), or (3) of section 5102(a) of the Emergency Paid Sick Leave Act, applied with the modification described in subsection (c)(2)(A)(i)) for any day (or portion thereof) for which the individual is paid qualified sick leave wages.
"(2) OVERALL LIMITATION ON NUMBER OF DAYS TAKEN INTO ACCOUNT. — The aggregate number of days taken into account under paragraph (1) for any calendar quarter shall not exceed the excess (if any) of —
"(A) 10, over
"(B) the aggregate number of days so taken into account during preceding calendar quarters in such calendar year (other than the first quarter of calendar year 2021).
"(3) CREDIT LIMITED TO CERTAIN EMPLOYMENT TAXES. — The credit allowed by subsection (a) with respect to any calendar quarter shall not exceed the applicable employment taxes for such calendar quarter on the wages paid with respect to the employment of all employees of the employer.
"(4) REFUNDABILITY OF EXCESS CREDIT. —
"(A) CREDIT IS REFUNDABLE. — If the amount of the credit under subsection (a) exceeds the limitation of paragraph (3) for any calendar quarter, such excess shall be treated as an overpayment that shall be refunded under sections 6402(a) and 6413(b).
"(B) ADVANCING CREDIT. — In anticipation of the credit, including the refundable portion under subparagraph (A), the credit shall be advanced, according to forms and instructions provided by the Secretary, up to an amount calculated under subsection (a), subject to the limits under paragraph (1) and (2), all calculated through the end of the most recent payroll period in the quarter.
"(c) QUALIFIED SICK LEAVE WAGES. — For purposes of this section —
"(1) IN GENERAL. — The term 'qualified sick leave wages' means wages paid by an employer which would be required to be paid by reason of the Emergency Paid Sick Leave Act as if such Act applied after March 31, 2021.
"(2) RULES OF APPLICATION. — For purposes of determining whether wages are qualified sick leave wages under paragraph (1) —
"(A) IN GENERAL. — The Emergency Paid Sick Leave Act shall be applied —
"(i) by inserting ', the employee is seeking or awaiting the results of a diagnostic test for, or a medical diagnosis of, COVID-19 and such employee has been exposed to COVID-19 or the employee's employer has requested such test or diagnosis, or the employee is obtaining immunization related to COVID-19 or recovering from any injury, disability, illness, or condition related to such immunization' after 'medical diagnosis' in section 5102(a)(3) thereof, and
"(ii) by applying section 5102(b)(1) of such Act separately with respect to each calendar year after 2020 (and, in the case of calendar year 2021, without regard to the first quarter thereof).
"(B) LEAVE MUST MEET REQUIREMENTS. — If an employer fails to comply with any requirement of such Act (determined without regard to section 5109 thereof) with respect to paid sick time (as defined in section 5110 of such Act), amounts paid by such employer with respect to such paid sick time shall not be taken into account as qualified sick leave wages. For purposes of the preceding sentence, an employer which takes an action described in section 5104 of such Act shall be treated as failing to meet a requirement of such Act.
"(d) ALLOWANCE OF CREDIT FOR CERTAIN HEALTH PLAN EXPENSES. —
"(1) IN GENERAL. — The amount of the credit allowed under subsection (a) shall be increased by so much of the employer's qualified health plan expenses as are properly allocable to the qualified sick leave wages for which such credit is so allowed.
"(2) QUALIFIED HEALTH PLAN EXPENSES. — For purposes of this subsection, the term 'qualified health plan expenses' means amounts paid or incurred by the employer to provide and maintain a group health plan (as defined in section 5000(b)(1)), but only to the extent that such amounts are excluded from the gross income of employees by reason of section 106(a).
"(3) ALLOCATION RULES. — For purposes of this section, qualified health plan expenses shall be allocated to qualified sick leave wages in such manner as the Secretary may prescribe. Except as otherwise provided by the Secretary, such allocation shall be treated as properly made if made on the basis of being pro rata among covered employees and pro rata on the basis of periods of coverage (relative to the time periods of leave to which such wages relate).
"(e) ALLOWANCE OF CREDIT FOR AMOUNTS PAID UNDER CERTAIN COLLECTIVELY BARGAINED AGREEMENTS. —
"(1) IN GENERAL. — The amount of the credit allowed under subsection (a) shall be increased by the sum of —
"(A) so much of the employer's collectively bargained defined benefit pension plan contributions as are properly allocable to the qualified sick leave wages for which such credit is so allowed, plus
"(B) so much of the employer's collectively bargained apprenticeship program contributions as are properly allocable to the qualified sick leave wages for which such credit is so allowed.
"(2) COLLECTIVELY BARGAINED DEFINED BENEFIT PENSION PLAN CONTRIBUTIONS. — For purposes of this subsection —
"(A) IN GENERAL. — The term 'collectively bargained defined benefit pension plan contributions' means, with respect to any calendar quarter, contributions which —
"(i) are paid or incurred by an employer during the calendar quarter on behalf of its employees to a defined benefit plan (as defined in section 414(j)), which meets the requirements of section 401(a),
"(ii) are made based on a pension contribution rate, and
"(iii) are required to be made pursuant to the terms of a collective bargaining agreement in effect with respect to such calendar quarter.
"(B) PENSION CONTRIBUTION RATE. — The term 'pension contribution rate' means the contribution rate that the employer is obligated to pay on behalf of its employees under the terms of a collective bargaining agreement for benefits under a defined benefit plan under such agreement, as such rate is applied to contribution base units (as defined by section 4001(a)(11) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1301(a)(11)).
"(C) ALLOCATION RULES. — The amount of collectively bargained defined benefit pension plan contributions allocated to qualified sick leave wages for any calendar quarter shall be the product of —
"(i) the pension contribution rate (expressed as an hourly rate), and
"(ii) the number of hours for which qualified sick leave wages were provided to employees covered under the collective bargaining agreement described in subparagraph (A)(iii) during the calendar quarter.
"(3) COLLECTIVELY BARGAINED APPRENTICESHIP PROGRAM CONTRIBUTIONS. — For purposes of this section —
"(A) IN GENERAL. — The term 'collectively bargained apprenticeship program contributions' means, with respect to any calendar quarter, contributions which —
"(i) are paid or incurred by an employer on behalf of its employees with respect to the calendar quarter to a registered apprenticeship program,
"(ii) are made based on an apprenticeship program contribution rate, and
"(iii) are required to be made pursuant to the terms of a collective bargaining agreement that is in effect with respect to such calendar quarter.
"(B) REGISTERED APPRENTICESHIP PROGRAM. — The term 'registered apprenticeship program' means an apprenticeship registered under the Act of August 16, 1937 (commonly known as the 'National Apprenticeship Act'; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.) that meets the standards of subpart A of part 29 and part 30 of title 29, Code of Federal Regulations.
"(C) APPRENTICESHIP PROGRAM CONTRIBUTION RATE. — The term 'apprenticeship program contribution rate' means the contribution rate that the employer is obligated to pay on behalf of its employees under the terms of a collective bargaining agreement for benefits under a registered apprenticeship program under such agreement, as such rate is applied to contribution base units (as defined by section 4001(a)(11) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1301(a)(11)).
"(D) ALLOCATION RULES. — The amount of collectively bargained apprenticeship program contributions allocated to qualified sick leave wages for any calendar quarter shall be the product of —
"(i) the apprenticeship program contribution rate (expressed as an hourly rate), and
"(ii) the number of hours for which qualified sick leave wages were provided to employees covered under the collective bargaining agreement described in subparagraph (A)(iii) during the calendar quarter.
"(f) DEFINITIONS AND SPECIAL RULES. —
"(1) APPLICABLE EMPLOYMENT TAXES. — For purposes of this section, the term 'applicable employment taxes' means the following:
"(A) The taxes imposed under section 3111(b).
"(B) So much of the taxes imposed under section 3221(a) as are attributable to the rate in effect under section 3111(b).
"(2) WAGES. — For purposes of this section, the term 'wages' means wages (as defined in section 3121(a), determined without regard to paragraphs (1) through (22) of section 3121(b)) and compensation (as defined in section 3231(e), determined without regard to the sentence in paragraph (1) thereof which begins 'Such term does not include remuneration').
"(3) DENIAL OF DOUBLE BENEFIT. — For purposes of chapter 1, the gross income of the employer, for the taxable year which includes the last day of any calendar quarter with respect to which a credit is allowed under this section, shall be increased by the amount of such credit. Any wages taken into account in determining the credit allowed under this section shall not be taken into account for purposes of determining the credit allowed under sections 45A, 45P, 45S, 51, 3132, and 3134. In the case of any credit allowed under section 2301 of the CARES Act or section 41 with respect to wages taken into account under this section, the credit allowed under this section shall be reduced by the portion of the credit allowed under such section 2301 or section 41 which is attributable to such wages.
"(4) ELECTION TO NOT TAKE CERTAIN WAGES INTO ACCOUNT. — This section shall not apply to so much of the qualified sick leave wages paid by an eligible employer as such employer elects (at such time and in such manner as the Secretary may prescribe) to not take into account for purposes of this section.
"(5) CERTAIN GOVERNMENTAL EMPLOYERS. — No credit shall be allowed under this section to the Government of the United States or to any agency or instrumentality thereof. The preceding sentence shall not apply to any organization described in section 501(c)(1) and exempt from tax under section 501(a).
"(6) EXTENSION OF LIMITATION ON ASSESSMENT. — Notwithstanding section 6501, the limitation on the time period for the assessment of any amount attributable to a credit claimed under this section shall not expire before the date that is 5 years after the later of —
"(A) the date on which the original return which includes the calendar quarter with respect to which such credit is determined is filed, or
"(B) the date on which such return is treated as filed under section 6501(b)(2).
"(7) COORDINATION WITH CERTAIN PROGRAMS. —
"(A) IN GENERAL. — This section shall not apply to so much of the qualified sick leave wages paid by an eligible employer as are taken into account as payroll costs in connection with —
"(i) a covered loan under section 7(a)(37) or 7A of the Small Business Act,
"(ii) a grant under section 324 of the Economic Aid to Hard-Hit Small Businesses, Non-Profits, and Venues Act, or
"(iii) a restaurant revitalization grant under section 5003 of the American Rescue Plan Act of 2021.
"(B) APPLICATION WHERE PPP LOANS NOT FORGIVEN. — The Secretary shall issue guidance providing that payroll costs paid during the covered period shall not fail to be treated as qualified sick leave wages under this section by reason of subparagraph (A)(i) to the extent that —
"(i) a covered loan of the taxpayer under section 7(a)(37) of the Small Business Act is not forgiven by reason of a decision under section 7(a)(37)(J) of such Act, or
"(ii) a covered loan of the taxpayer under section 7A of the Small Business Act is not forgiven by reason of a decision under section 7A(g) of such Act.
Terms used in the preceding sentence which are also used in section 7A(g) or 7(a)(37)(J) of the Small Business Act shall, when applied in connection with either such section, have the same meaning as when used in such section, respectively.
"(g) REGULATIONS. — The Secretary shall prescribe such regulations or other guidance as may be necessary to carry out the purposes of this section, including —
"(1) regulations or other guidance to prevent the avoidance of the purposes of the limitations under this section,
"(2) regulations or other guidance to minimize compliance and recordkeeping burdens under this section,
"(3) regulations or other guidance providing for waiver of penalties for failure to deposit amounts in anticipation of the allowance of the credit allowed under this section,
"(4) regulations or other guidance for recapturing the benefit of credits determined under this section in cases where there is a subsequent adjustment to the credit determined under subsection (a),
"(5) regulations or other guidance to ensure that the wages taken into account under this section conform with the paid sick time required to be provided under the Emergency Paid Sick Leave Act,
"(6) regulations or other guidance to permit the advancement of the credit determined under subsection (a), and
"(7) regulations or other guidance with respect to the allocation, reporting, and substantiation of collectively bargained defined benefit pension plan contributions and collectively bargained apprenticeship program contributions.
"(h) APPLICATION OF SECTION. — This section shall apply only to wages paid with respect to the period beginning on April 1, 2021, and ending on September 30, 2021.
"(i) TREATMENT OF DEPOSITS. — The Secretary shall waive any penalty under section 6656 for any failure to make a deposit of applicable employment taxes if the Secretary determines that such failure was due to the anticipation of the credit allowed under this section.
"(j) NON-DISCRIMINATION REQUIREMENT. — No credit shall be allowed under this section to any employer for any calendar quarter if such employer, with respect to the availability of the provision of qualified sick leave wages to which this section otherwise applies for such calendar quarter, discriminates in favor of highly compensated employees (within the meaning of section 414(q)), full-time employees, or employees on the basis of employment tenure with such employer.
"SEC. 3132. PAYROLL CREDIT FOR PAID FAMILY LEAVE.
"(a) IN GENERAL. — In the case of an employer, there shall be allowed as a credit against applicable employment taxes for each calendar quarter an amount equal to 100 percent of the qualified family leave wages paid by such employer with respect to such calendar quarter.
"(b) LIMITATIONS AND REFUNDABILITY. —
"(1) WAGES TAKEN INTO ACCOUNT. — The amount of qualified family leave wages taken into account under subsection (a), plus any increases under subsection (e), with respect to any individual shall not exceed —
"(A) for any day (or portion thereof) for which the individual is paid qualified family leave wages, $200, and
"(B) in the aggregate with respect to all calendar quarters, $12,000.
"(2) CREDIT LIMITED TO CERTAIN EMPLOYMENT TAXES. — The credit allowed by subsection (a) with respect to any calendar quarter shall not exceed the applicable employment taxes for such calendar quarter (reduced by any credits allowed under section 3131) on the wages paid with respect to the employment of all employees of the employer.
"(3) REFUNDABILITY OF EXCESS CREDIT. —
"(A) CREDIT IS REFUNDABLE. — If the amount of the credit under subsection (a) exceeds the limitation of paragraph (2) for any calendar quarter, such excess shall be treated as an overpayment that shall be refunded under sections 6402(a) and 6413(b).
"(B) ADVANCING CREDIT. — In anticipation of the credit, including the refundable portion under subparagraph (A), the credit shall be advanced, according to forms and instructions provided by the Secretary, up to an amount calculated under subsection (a), subject to the limits under paragraph (1) and (2), all calculated through the end of the most recent payroll period in the quarter.
"(c) QUALIFIED FAMILY LEAVE WAGES. —
"(1) IN GENERAL. — For purposes of this section, the term 'qualified family leave wages' means wages paid by an employer which would be required to be paid by reason of the Emergency Family and Medical Leave Expansion Act (including the amendments made by such Act) as if such Act (and amendments made by such Act) applied after March 31, 2021.
"(2) RULES OF APPLICATION. —
"(A) IN GENERAL. — For purposes of determining whether wages are qualified family leave wages under paragraph (1) —
"(i) section 110(a)(2)(A) of the Family and Medical Leave Act of 1993 shall be applied by inserting 'or any reason for leave described in section 5102(a) of the Families First Coronavirus Response Act, or the employee is seeking or awaiting the results of a diagnostic test for, or a medical diagnosis of, COVID-19 and such employee has been exposed to COVID-19 or the employee's employer has requested such test or diagnosis, or the employee is obtaining immunization related to COVID-19 or recovering from any injury, disability, illness, or condition related to such immunization' after 'public health emergency', and
"(ii) section 110(b) of such Act shall be applied —
"(I) without regard to paragraph (1) thereof,
"(II) by striking 'after taking leave after such section for 10 days' in paragraph (2)(A) thereof, and
"(III) by substituting '$12,000' for '$10,000' in paragraph (2)(B)(ii) thereof.
"(B) LEAVE MUST MEET REQUIREMENTS. — For purposes of determining whether wages would be required to be paid under paragraph (1), if an employer fails to comply with any requirement of the Family and Medical Leave Act of 1993 or the Emergency Family and Medical Leave Expansion Act (determined without regard to any time limitation under section 102(a)(1)(F) of the Family and Medical Leave Act of 1994) with respect to any leave provided for a qualifying need related to a public health emergency (as defined in section 110 of such Act, applied as described in subparagraph (A)(i)), amounts paid by such employer with respect to such leave shall not be taken into account as qualified family leave wages. For purposes of the preceding sentence, an employer which takes an action described in section 105 of the Family and Medical Leave Act of 1993 shall be treated as failing to meet a requirement of such Act.
"(d) ALLOWANCE OF CREDIT FOR CERTAIN HEALTH PLAN EXPENSES. —
"(1) IN GENERAL. — The amount of the credit allowed under subsection (a) shall be increased by so much of the employer's qualified health plan expenses as are properly allocable to the qualified family leave wages for which such credit is so allowed.
"(2) QUALIFIED HEALTH PLAN EXPENSES. — For purposes of this subsection, the term 'qualified health plan expenses' means amounts paid or incurred by the employer to provide and maintain a group health plan (as defined in section 5000(b)(1)), but only to the extent that such amounts are excluded from the gross income of employees by reason of section 106(a).
"(3) ALLOCATION RULES. — For purposes of this section, qualified health plan expenses shall be allocated to qualified family leave wages in such manner as the Secretary may prescribe. Except as otherwise provided by the Secretary, such allocation shall be treated as properly made if made on the basis of being pro rata among covered employees and pro rata on the basis of periods of coverage (relative to the time periods of leave to which such wages relate).
"(e) ALLOWANCE OF CREDIT FOR AMOUNTS PAID UNDER CERTAIN COLLECTIVELY BARGAINED AGREEMENTS. —
"(1) IN GENERAL. — The amount of the credit allowed under subsection (a) shall be increased by so much of the sum of —
"(A) so much of the employer's collectively bargained defined benefit pension plan contributions as are properly allocable to the qualified family leave wages for which such credit is so allowed, plus
"(B) so much of the employer's collectively bargained apprenticeship program contributions as are properly allocable to the qualified family leave wages for which such credit is so allowed.
"(2) COLLECTIVELY BARGAINED DEFINED BENEFIT PENSION PLAN CONTRIBUTIONS. — For purposes of this subsection —
"(A) IN GENERAL. — The term 'collectively bargained defined benefit pension plan contributions' has the meaning given such term under section 3131(e)(2).
"(B) ALLOCATION RULES. — The amount of collectively bargained defined benefit pension plan contributions allocated to qualified family leave wages for any calendar quarter shall be the product of —
"(i) the pension contribution rate (as defined in section 3131(e)(2)), expressed as an hourly rate, and
"(ii) the number of hours for which qualified family leave wages were provided to employees covered under the collective bargaining agreement described in section 3131(e)(2)(A)(iii) during the calendar quarter.
"(3) COLLECTIVELY BARGAINED APPRENTICESHIP PROGRAM CONTRIBUTIONS. — For purposes of this section —
"(A) IN GENERAL. — The term 'collectively bargained apprenticeship program contributions' has the meaning given such term under section 3131(e)(3).
"(B) ALLOCATION RULES. — For purposes of this section, the amount of collectively bargained apprenticeship program contributions allocated to qualified family leave wages for any calendar quarter shall be the product of —
"(i) the apprenticeship contribution rate (as defined in section 3131(e)(3)), expressed as an hourly rate, and
"(ii) the number of hours for which qualified family leave wages were provided to employees covered under the collective bargaining agreement described in section 3131(e)(3)(A)(iii) during the calendar quarter.
"(f) DEFINITIONS AND SPECIAL RULES. —
"(1) APPLICABLE EMPLOYMENT TAXES. — For purposes of this section, the term 'applicable employment taxes' means the following:
"(A) The taxes imposed under section 3111(b).
"(B) So much of the taxes imposed under section 3221(a) as are attributable to the rate in effect under section 3111(b).
"(2) WAGES. — For purposes of this section, the term 'wages' means wages (as defined in section 3121(a), determined without regard to paragraphs (1) through (22) of section 3121(b)) and compensation (as defined in section 3231(e), determined without regard to the sentence in paragraph (1) thereof which begins 'Such term does not include remuneration').
"(3) DENIAL OF DOUBLE BENEFIT. — For purposes of chapter 1, the gross income of the employer, for the taxable year which includes the last day of any calendar quarter with respect to which a credit is allowed under this section, shall be increased by the amount of such credit. Any wages taken into account in determining the credit allowed under this section shall not be taken into account for purposes of determining the credit allowed under sections 45A, 45P, 45S, 51, 3131, and 3134. In the case of any credit allowed under section 2301 of the CARES Act or section 41 with respect to wages taken into account under this section, the credit allowed under this section shall be reduced by the portion of the credit allowed under such section 2301 or section 41 which is attributable to such wages.
"(4) ELECTION TO NOT TAKE CERTAIN WAGES INTO ACCOUNT. — This section shall not apply to so much of the qualified family leave wages paid by an eligible employer as such employer elects (at such time and in such manner as the Secretary may prescribe) to not take into account for purposes of this section.
"(5) CERTAIN GOVERNMENTAL EMPLOYERS. — No credit shall be allowed under this section to the Government of the United States or to any agency or instrumentality thereof. The preceding sentence shall not apply to any organization described in section 501(c)(1) and exempt from tax under section 501(a).
"(6) EXTENSION OF LIMITATION ON ASSESSMENT. — Notwithstanding section 6501, the limitation on the time period for the assessment of any amount attributable to a credit claimed under this section shall not expire before the date that is 5 years after the later of —
"(A) the date on which the original return which includes the calendar quarter with respect to which such credit is determined is filed, or
"(B) the date on which such return is treated as filed under section 6501(b)(2).
"(7) COORDINATION WITH CERTAIN PROGRAMS. —
"(A) IN GENERAL. — This section shall not apply to so much of the qualified family leave wages paid by an eligible employer as are taken into account as payroll costs in connection with —
"(i) a covered loan under section 7(a)(37) or 7A of the Small Business Act,
"(ii) a grant under section 324 of the Economic Aid to Hard-Hit Small Businesses, Non-Profits, and Venues Act, or
"(iii) a restaurant revitalization grant under section 5003 of the American Rescue Plan Act of 2021.
"(B) APPLICATION WHERE PPP LOANS NOT FORGIVEN. — The Secretary shall issue guidance providing that payroll costs paid during the covered period shall not fail to be treated as qualified family leave wages under this section by reason of subparagraph (A)(i) to the extent that —
"(i) a covered loan of the taxpayer under section 7(a)(37) of the Small Business Act is not forgiven by reason of a decision under section 7(a)(37)(J) of such Act, or
"(ii) a covered loan of the taxpayer under section 7A of the Small Business Act is not forgiven by reason of a decision under section 7A(g) of such Act.
Terms used in the preceding sentence which are also used in section 7A(g) or 7(a)(37)(J) of the Small Business Act shall, when applied in connection with either such section, have the same meaning as when used in such section, respectively.
"(g) REGULATIONS. — The Secretary shall prescribe such regulations or other guidance as may be necessary to carry out the purposes of this section, including —
"(1) regulations or other guidance to prevent the avoidance of the purposes of the limitations under this section,
"(2) regulations or other guidance to minimize compliance and recordkeeping burdens under this section,
"(3) regulations or other guidance providing for waiver of penalties for failure to deposit amounts in anticipation of the allowance of the credit allowed under this section,
"(4) regulations or other guidance for recapturing the benefit of credits determined under this section in cases where there is a subsequent adjustment to the credit determined under subsection (a),
"(5) regulations or other guidance to ensure that the wages taken into account under this section conform with the paid leave required to be provided under the Emergency Family and Medical Leave Expansion Act (including the amendments made by such Act),
"(6) regulations or other guidance to permit the advancement of the credit determined under subsection (a), and
"(7) regulations or other guidance with respect to the allocation, reporting, and substantiation of collectively bargained defined benefit pension plan contributions and collectively bargained apprenticeship program contributions.
"(h) APPLICATION OF SECTION. — This section shall apply only to wages paid with respect to the period beginning on April 1, 2021, and ending on September 30, 2021.
"(i) TREATMENT OF DEPOSITS. — The Secretary shall waive any penalty under section 6656 for any failure to make a deposit of applicable employment taxes if the Secretary determines that such failure was due to the anticipation of the credit allowed under this section.
"(j) NON-DISCRIMINATION REQUIREMENT. — No credit shall be allowed under this section to any employer for any calendar quarter if such employer, with respect to the availability of the provision of qualified family leave wages to which this section otherwise applies for such calendar quarter, discriminates in favor of highly compensated employees (within the meaning of section 414(q)), full-time employees, or employees on the basis of employment tenure with such employer.
"SEC. 3133. SPECIAL RULE RELATED TO TAX ON EMPLOYERS.
"(a) IN GENERAL. — The credit allowed by section 3131 and the credit allowed by section 3132 shall each be increased by the amount of the taxes imposed by subsections (a) and (b) of section 3111 and section 3221(a) on qualified sick leave wages, or qualified family leave wages, for which credit is allowed under such section 3131 or 3132 (respectively).
"(b) DENIAL OF DOUBLE BENEFIT. — For denial of double benefit with respect to the credit increase under subsection (a), see sections 3131(f)(3) and 3132(f)(3).".
(b) REFUNDS. — Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting "3131, 3132," before "6428".
(c) CLERICAL AMENDMENT. — The table of subchapters for chapter 21 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item:
"SUBCHAPTER D — CREDITS".
(d) EFFECTIVE DATE. — The amendments made by this section shall apply to amounts paid with respect to calendar quarters beginning after March 31, 2021.
SEC. 9642. CREDIT FOR SICK LEAVE FOR CERTAIN SELF-EMPLOYED INDIVIDUALS.
(a) IN GENERAL. — In the case of an eligible self-employed individual, there shall be allowed as a credit against the tax imposed by chapter 1 of the Internal Revenue Code of 1986 for any taxable year an amount equal to the qualified sick leave equivalent amount with respect to the individual.
(b) ELIGIBLE SELF-EMPLOYED INDIVIDUAL. — For purposes of this section —
(1) IN GENERAL. — The term "eligible self-employed individual" means an individual who —
(A) regularly carries on any trade or business within the meaning of section 1402 of the Internal Revenue Code of 1986, and
(B) would be entitled to receive paid leave during the taxable year pursuant to the Emergency Paid Sick Leave Act if —
(i) the individual were an employee of an employer (other than himself or herself), and
(ii) such Act applied after March 31, 2021.
(2) RULES OF APPLICATION. — For purposes of paragraph (1)(B), in determining whether an individual would be entitled to receive paid leave under the Emergency Paid Sick Leave Act, such Act shall be applied —
(A) by inserting ", the employee is seeking or awaiting the results of a diagnostic test for, or a medical diagnosis of, COVID-19 and such employee has been exposed to COVID-19 or is unable to work pending the results of such test or diagnosis, or the employee is obtaining immunization related to COVID-19 or recovering from any injury, disability, illness, or condition related to such immunization" after "medical diagnosis" in section 5102(a)(3) of such Act, and
(B) by applying section 5102(b)(1) of such Act separately with respect to each taxable year.
(c) QUALIFIED SICK LEAVE EQUIVALENT AMOUNT. — For purposes of this section —
(1) IN GENERAL. — The term "qualified sick leave equivalent amount" means, with respect to any eligible self-employed individual, an amount equal to —
(A) the number of days during the taxable year (but not more than 10) that the individual is unable to perform services in any trade or business referred to in section 1402 of the Internal Revenue Code of 1986 for a reason with respect to which such individual would be entitled to receive sick leave as described in subsection (b), multiplied by
(B) the lesser of —
(i) $200 ($511 in the case of any day of paid sick time described in paragraph (1), (2), or (3) of section 5102(a) of the Emergency Paid Sick Leave Act, applied with the modification described in subsection (b)(2)(A)) of this section, or
(ii) 67 percent (100 percent in the case of any day of paid sick time described in paragraph (1), (2), or (3) of section 5102(a) of the Emergency Paid Sick Leave Act) of the average daily self-employment income of the individual for the taxable year.
(2) AVERAGE DAILY SELF-EMPLOYMENT INCOME. — For purposes of this subsection, the term "average daily self-employment income" means an amount equal to —
(C) the net earnings from self-employment of the individual for the taxable year, divided by
(D) 260.
(3) ELECTION TO USE PRIOR YEAR NET EARNINGS FROM SELF-EMPLOYMENT INCOME. — In the case of an individual who elects (at such time and in such manner as the Secretary may provide) the application of this paragraph, paragraph (2)(A) shall be applied by substituting "the prior taxable year" for "the taxable year".
(4) ELECTION TO NOT TAKE DAYS INTO ACCOUNT. — Any day shall not be taken into account under paragraph (1)(A) if the eligible self-employed individual elects (at such time and in such manner as the Secretary may prescribe) to not take such day into account for purposes of such paragraph.
(d) CREDIT REFUNDABLE. —
(1) IN GENERAL. — The credit determined under this section shall be treated as a credit allowed to the taxpayer under subpart C of part IV of subchapter A of chapter 1 of such Code.
(2) TREATMENT OF PAYMENTS. — For purposes of section 1324 of title 31, United States Code, any refund due from the credit determined under this section shall be treated in the same manner as a refund due from a credit provision referred to in subsection (b)(2) of such section.
(e) SPECIAL RULES. —
(3) DOCUMENTATION. — No credit shall be allowed under this section unless the individual maintains such documentation as the Secretary may prescribe to establish such individual as an eligible self-employed individual.
(4) DENIAL OF DOUBLE BENEFIT. — In the case of an individual who receives wages (as defined in section 3121(a) of the Internal Revenue Code of 1986) or compensation (as defined in section 3231(e) of such Code) paid by an employer which are required to be paid by reason of the Emergency Paid Sick Leave Act, the qualified sick leave equivalent amount otherwise determined under subsection (c) of this section shall be reduced (but not below zero) to the extent that the sum of the amount described in such subsection and in section 3131(b)(1) of such Code exceeds $2,000 ($5,110 in the case of any day any portion of which is paid sick time described in paragraph (1), (2), or (3) of section 5102(a) of the Emergency Paid Sick Leave Act).
(f) APPLICATION OF SECTION. — Only days occurring during the period beginning on April 1, 2021, and ending on September 30, 2021, may be taken into account under subsection (c)(1)(A).
(g) APPLICATION OF CREDIT IN CERTAIN POSSESSIONS. —
(1) PAYMENTS TO POSSESSIONS WITH MIRROR CODE TAX SYSTEMS. — The Secretary shall pay to each possession of the United States which has a mirror code tax system amounts equal to the loss (if any) to that possession by reason of the application of the provisions of this section. Such amounts shall be determined by the Secretary based on information provided by the government of the respective possession.
(2) PAYMENTS TO OTHER POSSESSIONS. — The Secretary shall pay to each possession of the United States which does not have a mirror code tax system amounts estimated by the Secretary as being equal to the aggregate benefits (if any) that would have been provided to residents of such possession by reason of the provisions of this section if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply unless the respective possession has a plan, which has been approved by the Secretary, under which such possession will promptly distribute such payments to its residents.
(3) MIRROR CODE TAX SYSTEM. — For purposes of this section, the term "mirror code tax system" means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States.
(4) TREATMENT OF PAYMENTS. — For purposes of section 1324 of title 31, United States Code, the payments under this subsection shall be treated in the same manner as a refund due from a credit provision referred to in subsection (b)(2) of such section.
(h) REGULATIONS. — The Secretary shall prescribe such regulations or other guidance as may be necessary to carry out the purposes of this section, including —
(1) regulations or other guidance to effectuate the purposes of this section, and
(2) regulations or other guidance to minimize compliance and recordkeeping burdens under this section.
SEC. 9643. CREDIT FOR FAMILY LEAVE FOR CERTAIN SELF-EMPLOYED INDIVIDUALS.
(a) IN GENERAL. — In the case of an eligible self-employed individual, there shall be allowed as a credit against the tax imposed by chapter 1 of the Internal Revenue Code of 1986 for any taxable year an amount equal to 100 percent of the qualified family leave equivalent amount with respect to the individual.
(b) ELIGIBLE SELF-EMPLOYED INDIVIDUAL. — For purposes of this section —
(1) IN GENERAL. — The term "eligible self-employed individual" means an individual who —
(A) regularly carries on any trade or business within the meaning of section 1402 of the Internal Revenue Code of 1986, and
(B) would be entitled to receive paid leave during the taxable year pursuant to the Emergency Family and Medical Leave Expansion Act if —
(i) the individual were an employee of an employer (other than himself or herself),
(ii) section 102(a)(1)(F) of the Family and Medical Leave Act of 1993 applied after March 31, 2021.
(2) RULES OF APPLICATION. — For purposes of paragraph (1)(B), in determining whether an individual would be entitled to receive paid leave under the Emergency Family and Medical Leave Act —
(A) section 110(a)(2)(A) of the Family and Medical Leave Act of 1993 shall be applied by inserting "or any reason for leave described in section 5102(a) of the Families First Coronavirus Response Act, or the employee is seeking or awaiting the results of a diagnostic test for, or a medical diagnosis of, COVID-19 and such employee has been exposed to COVID-19 or is unable to work pending the results of such test or diagnosis, or the employee is obtaining immunization related to COVID-19 or recovering from any injury, disability, illness, or condition related to such immunization" after "public health emergency", and
(B) section 110(b) of such Act shall be applied —
(i) without regard to paragraph (1) thereof, and
(ii) by striking "after taking leave after such section for 10 days" in paragraph (2)(A) thereof.
(c) QUALIFIED FAMILY LEAVE EQUIVALENT AMOUNT. — For purposes of this section —
(1) IN GENERAL. — The term "qualified family leave equivalent amount" means, with respect to any eligible self-employed individual, an amount equal to the product of —
(A) the number of days (not to exceed 60) during the taxable year that the individual is unable to perform services in any trade or business referred to in section 1402 of the Internal Revenue Code of 1986 for a reason with respect to which such individual would be entitled to receive paid leave as described in subsection (b) of this section, multiplied by
(B) the lesser of —
(i) 67 percent of the average daily self-employment income of the individual for the taxable year, or
(ii) $200.
(2) AVERAGE DAILY SELF-EMPLOYMENT INCOME. — For purposes of this subsection, the term "average daily self-employment income" means an amount equal to —
(A) the net earnings from self-employment income of the individual for the taxable year, divided by
(B) 260.
(3) ELECTION TO USE PRIOR YEAR NET EARNINGS FROM SELF-EMPLOYMENT INCOME. — In the case of an individual who elects (at such time and in such manner as the Secretary may provide) the application of this paragraph, paragraph (2)(A) shall be applied by substituting "the prior taxable year" for "the taxable year".
(4) COORDINATION WITH CREDIT FOR SICK LEAVE. — Any day taken into account in determining the qualified sick leave equivalent amount with respect to any eligible-self employed individual under section 9642 shall not be take into account in determining the qualified family leave equivalent amount with respect to such individual under this section.
(d) CREDIT REFUNDABLE. —
(1) IN GENERAL. — The credit determined under this section shall be treated as a credit allowed to the taxpayer under subpart C of part IV of subchapter A of chapter 1 of such Code.
(2) TREATMENT OF PAYMENTS. — For purposes of section 1324 of title 31, United States Code, any refund due from the credit determined under this section shall be treated in the same manner as a refund due from a credit provision referred to in subsection (b)(2) of such section.
(e) SPECIAL RULES. —
(1) DOCUMENTATION. — No credit shall be allowed under this section unless the individual maintains such documentation as the Secretary may prescribe to establish such individual as an eligible self-employed individual.
(2) DENIAL OF DOUBLE BENEFIT. — In the case of an individual who receives wages (as defined in section 3121(a) of the Internal Revenue Code of 1986) or compensation (as defined in section 3231(e) of such Code) paid by an employer which are required to be paid by reason of the Emergency Family and Medical Leave Expansion Act, the qualified family leave equivalent amount otherwise described in subsection (c) of this section shall be reduced (but not below zero) to the extent that the sum of the amount described in such subsection and in section 3132(b)(1) of such Code exceeds $12,000.
(3) REFERENCES TO EMERGENCY FAMILY AND MEDICAL LEAVE EXPANSION ACT. — Any reference in this section to the Emergency Family and Medical Leave Expansion Act shall be treated as including a reference to the amendments made by such Act.
(f) APPLICATION OF SECTION. — Only days occurring during the period beginning on April 1, 2021 and ending on September 30, 2021, may be taken into account under subsection (c)(1)(A).
(g) APPLICATION OF CREDIT IN CERTAIN POSSESSIONS. —
(1) PAYMENTS TO POSSESSIONS WITH MIRROR CODE TAX SYSTEMS. — The Secretary shall pay to each possession of the United States which has a mirror code tax system amounts equal to the loss (if any) to that possession by reason of the application of the provisions of this section. Such amounts shall be determined by the Secretary based on information provided by the government of the respective possession.
(2) PAYMENTS TO OTHER POSSESSIONS. — The Secretary shall pay to each possession of the United States which does not have a mirror code tax system amounts estimated by the Secretary as being equal to the aggregate benefits (if any) that would have been provided to residents of such possession by reason of the provisions of this section if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply unless the respective possession has a plan, which has been approved by the Secretary, under which such possession will promptly distribute such payments to its residents.
(3) MIRROR CODE TAX SYSTEM. — For purposes of this section, the term "mirror code tax system" means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States.
(4) TREATMENT OF PAYMENTS. — For purposes of section 1324 of title 31, United States Code, the payments under this subsection shall be treated in the same manner as a refund due from a credit provision referred to in subsection (b)(2) of such section.
(h) REGULATIONS. — The Secretary shall prescribe such regulations or other guidance as may be necessary to carry out the purposes of this section, including —
(1) regulations or other guidance to prevent the avoidance of the purposes of this section, and
(2) regulations or other guidance to minimize compliance and recordkeeping burdens under this section.
PART 6 — EMPLOYEE RETENTION CREDIT
SEC. 9651. EXTENSION OF EMPLOYEE RETENTION CREDIT.
(a) IN GENERAL. — Subchapter D of chapter 21 of subtitle C of the Internal Revenue Code of 1986, as added by section 9641, is amended by adding at the end the following:
"SEC. 3134. EMPLOYEE RETENTION CREDIT FOR EMPLOYERS SUBJECT TO CLOSURE DUE TO COVID-19.
"(a) IN GENERAL. — In the case of an eligible employer, there shall be allowed as a credit against applicable employment taxes for each calendar quarter an amount equal to 70 percent of the qualified wages with respect to each employee of such employer for such calendar quarter.
"(b) LIMITATIONS AND REFUNDABILITY. —
"(1) IN GENERAL. —
"(A) WAGES TAKEN INTO ACCOUNT. — The amount of qualified wages with respect to any employee which may be taken into account under subsection (a) by the eligible employer for any calendar quarter shall not exceed $10,000.
"(B) RECOVERY STARTUP BUSINESSES. — In the case of an eligible employer which is a recovery startup business (as defined in subsection (c)(5)), the amount of the credit allowed under subsection (a) (after application of subparagraph (A)) for any calendar quarter shall not exceed $50,000.
"(2) CREDIT LIMITED TO EMPLOYMENT TAXES. — The credit allowed by subsection (a) with respect to any calendar quarter shall not exceed the applicable employment taxes (reduced by any credits allowed under sections 3131 and 3132) on the wages paid with respect to the employment of all the employees of the eligible employer for such calendar quarter.
"(3) REFUNDABILITY OF EXCESS CREDIT. — If the amount of the credit under subsection (a) exceeds the limitation of paragraph (2) for any calendar quarter, such excess shall be treated as an overpayment that shall be refunded under sections 6402(a) and 6413(b).
"(c) DEFINITIONS. — For purposes of this section —
"(1) APPLICABLE EMPLOYMENT TAXES. — The term 'applicable employment taxes' means the following:
"(A) The taxes imposed under section 3111(b).
"(B) So much of the taxes imposed under section 3221(a) as are attributable to the rate in effect under section 3111(b).
"(2) ELIGIBLE EMPLOYER. —
"(A) IN GENERAL. — The term 'eligible employer' means any employer —
"(i) which was carrying on a trade or business during the calendar quarter for which the credit is determined under subsection (a), and
"(ii) with respect to any calendar quarter, for which —
"(I) the operation of the trade or business described in clause (i) is fully or partially suspended during the calendar quarter due to orders from an appropriate governmental authority limiting commerce, travel, or group meetings (for commercial, social, religious, or other purposes) due to the coronavirus disease 2019 (COVID-19),
"(II) the gross receipts (within the meaning of section 448(c)) of such employer for such calendar quarter are less than 80 percent of the gross receipts of such employer for the same calendar quarter in calendar year 2019, or
"(III) the employer is a recovery startup business (as defined in paragraph (5)).
With respect to any employer for any calendar quarter, if such employer was not in existence as of the beginning of the same calendar quarter in calendar year 2019, clause (ii)(II) shall be applied by substituting '2020' for '2019'.
"(B) ELECTION TO USE ALTERNATIVE QUARTER. — At the election of the employer —
"(i) subparagraph (A)(ii)(II) shall be applied —
"(I) by substituting 'for the immediately preceding calendar quarter' for 'for such calendar quarter', and
"(II) by substituting 'the corresponding calendar quarter in calendar year 2019' for 'the same calendar quarter in calendar year 2019', and
"(ii) the last sentence of subparagraph (A) shall be applied by substituting 'the corresponding calendar quarter in calendar year 2019' for 'the same calendar quarter in calendar year 2019'.
An election under this subparagraph shall be made at such time and in such manner as the Secretary shall prescribe.
"(C) TAX-EXEMPT ORGANIZATIONS. — In the case of an organization which is described in section 501(c) and exempt from tax under section 501(a) —
"(i) clauses (i) and (ii)(I) of subparagraph (A) shall apply to all operations of such organization, and
"(ii) any reference in this section to gross receipts shall be treated as a reference to gross receipts within the meaning of section 6033.
"(3) QUALIFIED WAGES. —
"(A) IN GENERAL. — The term 'qualified wages' means —
"(i) in the case of an eligible employer for which the average number of full-time employees (within the meaning of section 4980H) employed by such eligible employer during 2019 was greater than 500, wages paid by such eligible employer with respect to which an employee is not providing services due to circumstances described in subclause (I) or (II) of paragraph (2)(A)(ii), or
"(ii) in the case of an eligible employer for which the average number of full-time employees (within the meaning of section 4980H) employed by such eligible employer during 2019 was not greater than 500 —
"(I) with respect to an eligible employer described in subclause (I) of paragraph (2)(A)(ii), wages paid by such eligible employer with respect to an employee during any period described in such clause, or
"(II) with respect to an eligible employer described in subclause (II) of such paragraph, wages paid by such eligible employer with respect to an employee during such quarter.
"(B) SPECIAL RULE FOR EMPLOYERS NOT IN EXISTENCE IN 2019. — In the case of any employer that was not in existence in 2019, subparagraph (A) shall be applied by substituting '2020' for '2019' each place it appears.
"(C) SEVERELY FINANCIALLY DISTRESSED EMPLOYERS. —
"(i) IN GENERAL. — Notwithstanding subparagraph (A)(i), in the case of a severely financially distressed employer, the term 'qualified wages' means wages paid by such employer with respect to an employee during any calendar quarter.
"(ii) DEFINITION. — The term 'severely financially distressed employer' means an eligible employer as defined in paragraph (2), determined by substituting 'less than 10 percent' for 'less than 80 percent' in subparagraph (A)(ii)(II) thereof.
"(D) EXCEPTION. — The term 'qualified wages' shall not include any wages taken into account under sections 41, 45A, 45P, 45S, 51, 1396, 3131, and 3132.
"(4) WAGES. —
"(A) IN GENERAL. — The term 'wages' means wages (as defined in section 3121(a)) and compensation (as defined in section 3231(e)). For purposes of the preceding sentence, in the case of any organization or entity described in subsection (f)(2), wages as defined in section 3121(a) shall be determined without regard to paragraphs (5), (6), (7), (10), and (13) of section 3121(b) (except with respect to services performed in a penal institution by an inmate thereof).
"(B) ALLOWANCE FOR CERTAIN HEALTH PLAN EXPENSES. —
"(i) IN GENERAL. — Such term shall include amounts paid by the eligible employer to provide and maintain a group health plan (as defined in section 5000(b)(1)),but only to the extent that such amounts are excluded from the gross income of employees by reason of section 106(a).
"(ii) ALLOCATION RULES. — For purposes of this section, amounts treated as wages under clause (i) shall be treated as paid with respect to any employee (and with respect to any period) to the extent that such amounts are properly allocable to such employee (and to such period) in such manner as the Secretary may prescribe. Except as otherwise provided by the Secretary, such allocation shall be treated as properly made if made on the basis of being pro rata among periods of coverage.
"(5) RECOVERY STARTUP BUSINESS. — The term 'recovery startup business' means any employer —
"(A) which began carrying on any trade or business after February 15, 2020,
"(B) for which the average annual gross receipts of such employer (as determined under rules similar to the rules under section 448(c)(3)) for the 3-taxable-year period ending with the taxable year which precedes the calendar quarter for which the credit is determined under subsection (a) does not exceed $1,000,000, and
"(C) which, with respect to such calendar quarter, is not described in subclause (I) or (II) of paragraph (2)(A)(ii).
"(6) OTHER TERMS. — Any term used in this section which is also used in this chapter or chapter 22 shall have the same meaning as when used in such chapter.
"(d) AGGREGATION RULE. — All persons treated as a single employer under subsection (a) or (b) of section 52, or subsection (m) or (o) of section 414, shall be treated as one employer for purposes of this section.
"(e) CERTAIN RULES TO APPLY. — For purposes of this section, rules similar to the rules of sections 51(i)(1) and 280C(a) shall apply.
"(f) CERTAIN GOVERNMENTAL EMPLOYERS. —
"(1) IN GENERAL. — This credit shall not apply to the Government of the United States, the government of any State or political subdivision thereof, or any agency or instrumentality of any of the foregoing.
"(2) EXCEPTION. — Paragraph (1) shall not apply to —
"(A) any organization described in section 501(c)(1) and exempt from tax under section 501(a), or
"(B) any entity described in paragraph (1) if —
"(i) such entity is a college or university, or
"(ii) the principal purpose or function of such entity is providing medical or hospital care.
In the case of any entity described in subparagraph (B), such entity shall be treated as satisfying the requirements of subsection (c)(2)(A)(i).
"(g) ELECTION TO NOT TAKE CERTAIN WAGES INTO ACCOUNT. — This section shall not apply to so much of the qualified wages paid by an eligible employer as such employer elects (at such time and in such manner as the Secretary may prescribe) to not take into account for purposes of this section.
"(h) COORDINATION WITH CERTAIN PROGRAMS. —
"(1) IN GENERAL. — This section shall not apply to so much of the qualified wages paid by an eligible employer as are taken into account as payroll costs in connection with —
"(A) a covered loan under section 7(a)(37) or 7A of the Small Business Act,
"(B) a grant under section 324 of the Economic Aid to Hard-Hit Small Businesses, Non-Profits, and Venues Act, or
"(C) a restaurant revitalization grant under section 5003 of the American Rescue Plan Act of 2021.
"(2) APPLICATION WHERE PPP LOANS NOT FORGIVEN. — The Secretary shall issue guidance providing that payroll costs paid during the covered period shall not fail to be treated as qualified wages under this section by reason of paragraph (1) to the extent that —
"(A) a covered loan of the taxpayer under section 7(a)(37) of the Small Business Act is not forgiven by reason of a decision under section 7(a)(37)(J) of such Act, or
"(B) a covered loan of the taxpayer under section 7A of the Small Business Act is not forgiven by reason of a decision under section 7A(g) of such Act.
Terms used in the preceding sentence which are also used in section 7A(g) or 7(a)(37)(J) of the Small Business Act shall, when applied in connection with either such section, have the same meaning as when used in such section, respectively.
"(i) THIRD PARTY PAYORS. — Any credit allowed under this section shall be treated as a credit described in section 3511(d)(2).
"(j) ADVANCE PAYMENTS. —
"(1) IN GENERAL. — Except as provided in paragraph (2), no advance payment of the credit under subsection (a) shall be allowed.
"(2) ADVANCE PAYMENTS TO SMALL EMPLOYERS. —
"(A) IN GENERAL. — Under rules provided by the Secretary, an eligible employer for which the average number of full-time employees (within the meaning of section 4980H) employed by such eligible employer during 2019 was not greater than 500 may elect for any calendar quarter to receive an advance payment of the credit under subsection (a) for such quarter in an amount not to exceed 70 percent of the average quarterly wages paid by the employer in calendar year 2019.
"(B) SPECIAL RULE FOR SEASONAL EMPLOYERS. — In the case of any employer who employs seasonal workers (as defined in section 45R(d)(5)(B)), the employer may elect to apply subparagraph (A) by substituting 'the wages for the calendar quarter in 2019 which corresponds to the calendar quarter to which the election relates' for 'the average quarterly wages paid by the employer in calendar year 2019'.
"(C) SPECIAL RULE FOR EMPLOYERS NOT IN EXISTENCE IN 2019. — In the case of any employer that was not in existence in 2019, subparagraphs (A) and (B) shall each be applied by substituting '2020' for '2019' each place it appears.
"(3) RECONCILIATION OF CREDIT WITH ADVANCE PAYMENTS. —
"(A) IN GENERAL. — The amount of credit which would (but for this subsection) be allowed under this section shall be reduced (but not below zero) by the aggregate payment allowed to the taxpayer under paragraph (2). Any failure to so reduce the credit shall be treated as arising out of a mathematical or clerical error and assessed according to section 6213(b)(1).
"(B) EXCESS ADVANCE PAYMENTS. — If the advance payments to a taxpayer under paragraph (2) for a calendar quarter exceed the credit allowed by this section (determined without regard to subparagraph (A)), the tax imposed under section 3111(b) or so much of the tax imposed under section 3221(a) as is attributable to the rate in effect under section 3111(b) (whichever is applicable) for the calendar quarter shall be increased by the amount of such excess.
"(k) TREATMENT OF DEPOSITS. — The Secretary shall waive any penalty under section 6656 for any failure to make a deposit of any applicable employment taxes if the Secretary determines that such failure was due to the reasonable anticipation of the credit allowed under this section.
"(l) EXTENSION OF LIMITATION ON ASSESSMENT. — Notwithstanding section 6501, the limitation on the time period for the assessment of any amount attributable to a credit claimed under this section shall not expire before the date that is 5 years after the later of —
"(1) the date on which the original return which includes the calendar quarter with respect to which such credit is determined is filed, or
"(2) the date on which such return is treated as filed under section 6501(b)(2).
"(m) REGULATIONS AND GUIDANCE. — The Secretary shall issue such forms, instructions, regulations, and other guidance as are necessary —
"(1) to allow the advance payment of the credit under subsection (a) as provided in subsection (j)(2), subject to the limitations provided in this section, based on such information as the Secretary shall require,
"(2) with respect to the application of the credit under subsection (a) to third party payors (including professional employer organizations, certified professional employer organizations, or agents under section 3504), including regulations or guidance allowing such payors to submit documentation necessary to substantiate the eligible employer status of employers that use such payors, and
"(3) to prevent the avoidance of the purposes of the limitations under this section, including through the leaseback of employees.
Any forms, instructions, regulations, or other guidance described in paragraph (2) shall require the customer to be responsible for the accounting of the credit and for any liability for improperly claimed credits and shall require the certified professional employer organization or other third party payor to accurately report such tax credits based on the information provided by the customer.
"(n) APPLICATION. — This section shall only apply to wages paid after June 30, 2021, and before January 1, 2022.".
(b) REFUNDS. — Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting "3134," before "6428".
(c) CLERICAL AMENDMENT. — The table of sections for subchapter D of chapter 21 of subtitle C of the Internal Revenue Code of 1986 is amended by adding at the end the following:
"Sec. 3134. Employee retention credit for employers subject to closure due to COVID-19.".
(d) EFFECTIVE DATE. — The amendments made by this section shall apply to calendar quarters beginning after June 30, 2021.
PART 7 — PREMIUM TAX CREDIT
SEC. 9661. IMPROVING AFFORDABILITY BY EXPANDING PREMIUM ASSISTANCE FOR CONSUMERS.
(a) IN GENERAL. — Section 36B(b)(3)(A) of the Internal Revenue Code of 1986 is amended by adding at the end the following new clause:
"(iii) TEMPORARY PERCENTAGES FOR 2021 AND 2022. — In the case of a taxable year beginning in 2021 or 2022 —
"(I) clause (ii) shall not apply for purposes of adjusting premium percentages under this subparagraph, and
"(II) the following table shall be applied in lieu of the table contained in clause (i):
"In the case of household income (expressed as a percent of poverty line) within the following income tier: | The initial premium percentage is — | The final premium percentage is — |
|---|---|---|
Up to 150.0 percent | 0.0 | 0.0 |
150.0 percent up to 200.0 percent | 0.0 | 2.0 |
200.0 percent up to 250.0 percent | 2.0 | 4.0 |
250.0 percent up to 300.0 percent | 4.0 | 6.0 |
300.0 percent up to 400.0 percent | 6.0 | 8.5 |
400.0 percent and higher | 8.5 | 8.5". |
(b) CONFORMING AMENDMENT. — Section 36B(c)(1) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph:
"(E) TEMPORARY RULE FOR 2021 AND 2022. — In the case of a taxable year beginning in 2021 or 2022, subparagraph (A) shall be applied without regard to 'but does not exceed 400 percent'.".
(c) EFFECTIVE DATE. — The amendments made by this section shall apply to taxable years beginning after December 31, 2020.
SEC. 9662. TEMPORARY MODIFICATION OF LIMITATIONS ON RECONCILIATION OF TAX CREDITS FOR COVERAGE UNDER A QUALIFIED HEALTH PLAN WITH ADVANCE PAYMENTS OF SUCH CREDIT.
(a) IN GENERAL. — Section 36B(f)(2)(B) of the Internal Revenue Code of 1986 is amended by adding at the end the following new clause:
"(iii) TEMPORARY MODIFICATION OF LIMITATION ON INCREASE. — In the case of any taxable year beginning in 2020, for any taxpayer who files for such taxable year an income tax return reconciling any advance payment of the credit under this section, the Secretary shall treat subparagraph (A) as not applying.".
(b) EFFECTIVE DATE. — The amendment made by this section shall apply to taxable years beginning after December 31, 2019.
SEC. 9663. APPLICATION OF PREMIUM TAX CREDIT IN CASE OF INDIVIDUALS RECEIVING UNEMPLOYMENT COMPENSATION DURING 2021.
(a) IN GENERAL. — Section 36B of the Internal Revenue Code of 1986 is amended by redesignating subsection (g) as subsection(h) and by inserting after subsection (f) the following new subsection:
"(g) SPECIAL RULE FOR INDIVIDUALS WHO RECEIVE UNEMPLOYMENT COMPENSATION DURING 2021. —
"(1) IN GENERAL. — For purposes of this section, in the case of a taxpayer who has received, or has been approved to receive, unemployment compensation for any week beginning during 2021, for the taxable year in which such week begins —
"(A) such taxpayer shall be treated as an applicable taxpayer, and
"(B) there shall not be taken into account any household income of the taxpayer in excess of 133 percent of the poverty line for a family of the size involved.
"(2) UNEMPLOYMENT COMPENSATION. — For purposes of this subsection, the term 'unemployment compensation' has the meaning given such term in section 85(b).
"(3) EVIDENCE OF UNEMPLOYMENT COMPENSATION. — For purposes of this subsection, a taxpayer shall not be treated as having received (or been approved to receive) unemployment compensation for any week unless such taxpayer provides self-attestation of, and such documentation as the Secretary shall prescribe which demonstrates, such receipt or approval.
"(4) CLARIFICATION OF RULES REMAINING APPLICABLE. —
"(A) JOINT RETURN REQUIREMENT. — Paragraph (1)(A) shall not affect the application of subsection (c)(1)(C).
"(B) HOUSEHOLD INCOME AND AFFORDABILLITY. — Paragraph (1)(B) shall not apply to any determination of household income for purposes of paragraph (2)(C)(i)(II) or (4)(C)(ii) of subsection (c)".
(b) EFFECTIVE DATE. — The amendments made by this section shall apply to taxable years beginning after December 31, 2020.
PART 8 — MISCELLANEOUS PROVISIONS
SEC. 9671. REPEAL OF ELECTION TO ALLOCATE INTEREST, ETC. ON WORLDWIDE BASIS.
(a) IN GENERAL. — Section 864 of the Internal Revenue Code of 1986 is amended by striking subsection (f).
(b) EFFECTIVE DATE. — The amendment made by this section shall apply to taxable years beginning after December 31, 2020.
SEC. 9672. TAX TREATMENT OF TARGETED EIDL ADVANCES.
For purposes of the Internal Revenue Code of 1986 —
(1) amounts received from the Administrator of the Small Business Administration in the form of a targeted EIDL advance under section 331 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (title III of division N of Public Law 116-260) shall not be included in the gross income of the person that receives such amounts,
(2) no deduction shall be denied, no tax attribute shall be reduced, and no basis increase shall be denied, by reason of the exclusion from gross income provided by paragraph (1), and
(3) in the case of a partnership or S corporation that receives such amounts —
(A) any amount excluded from income by reason of paragraph (1) shall be treated as tax exempt income for purposes of sections 705 and 1366 of the Internal Revenue Code of 1986, and
(B) the Secretary of the Treasury (or the Secretary's delegate) shall prescribe rules for determining a partner's distributive share of any amount described in subparagraph (A) for purposes of section 705 of the Internal Revenue Code of 1986.
SEC. 9673. TAX TREATMENT OF RESTAURANT REVITALIZATION GRANTS.
For purposes of the Internal Revenue Code of 1986 —
(1) amounts received from the Administrator of the Small Business Administration in the form of a restaurant revitalization grant under section 5003 shall not be included in the gross income of the person that receives such amounts,
(2) no deduction shall be denied, no tax attribute shall be reduced, and no basis increase shall be denied, by reason of the exclusion from gross income provided by paragraph (1), and
(3) in the case of a partnership or S corporation that receives such amounts —
(A) except as otherwise provided by the Secretary of the Treasury (or the Secretary's delegate), any amount excluded from income by reason of paragraph (1) shall be treated as tax exempt income for purposes of sections 705 and 1366 of the Internal Revenue Code of 1986, and
(B) the Secretary of the Treasury (or the Secretary's delegate) shall prescribe rules for determining a partner's distributive share of any amount described in subparagraph (A) for purposes of section 705 of the Internal Revenue Code of 1986.
SEC. 9674. MODIFICATION OF EXCEPTIONS FOR REPORTING OF THIRD PARTY NETWORK TRANSACTIONS.
(a) IN GENERAL. — Section 6050W(e) of the Internal Revenue Code of 1986 is amended to read as follows:
"(e) DE MINIMIS EXCEPTION FOR THIRD PARTY SETTLEMENT ORGANIZATIONS. — A third party settlement organization shall not be required to report any information under subsection (a) with respect to third party network transactions of any participating payee if the amount which would otherwise be reported under subsection (a)(2) with respect to such transactions does not exceed $600.".
(b) CLARIFICATION THAT REPORTING IS NOT REQUIRED ON TRANSACTIONS WHICH ARE NOT FOR GOODS OR SERVICES. — Section 6050W(c)(3) of such Code is amended by inserting "described in subsection (d)(3)(A)(iii)" after "any transaction".
(c) EFFECTIVE DATE. —
(1) IN GENERAL. — The amendment made by subsection (a) shall apply to returns for calendar years beginning after December 31, 2021.
(2) CLARIFICATION. — The amendment made by subsection (b) shall apply to transactions after the date of the enactment of this Act.
SEC. 9675. MODIFICATION OF TREATMENT OF STUDENT LOAN FORGIVENESS.
(a) IN GENERAL. — Section 108(f) of the Internal Revenue Code of 1986 is amended by striking paragraph (5) and inserting the following:
"(5) SPECIAL RULE FOR DISCHARGES IN 2021 THROUGH 2025. — Gross income does not include any amount which (but for this subsection) would be includible in gross income by reason of the discharge (in whole or in part) after December 31, 2020, and before January 1, 2026, of —
"(A) any loan provided expressly for postsecondary educational expenses, regardless of whether provided through the educational institution or directly to the borrower, if such loan was made, insured, or guaranteed by —
"(i) the United States, or an instrumentality or agency thereof,
"(ii) a State, territory, or possession of the United States, or the District of Columbia, or any political subdivision thereof, or
"(iii) an eligible educational institution (as defined in section 25A),
"(B) any private education loan (as defined in section 140(a)(7) of the Truth in Lending Act),
"(C) any loan made by any educational organization described in section 170(b)(1)(A)(ii) if such loan is made —
"(i) pursuant to an agreement with any entity described in subparagraph (A) or any private education lender (as defined in section 140(a) of the Truth in Lending Act) under which the funds from which the loan was made were provided to such educational organization, or
"(ii) pursuant to a program of such educational organization which is designed to encourage its students to serve in occupations with unmet needs or in areas with unmet needs and under which the services provided by the students (or former students) are for or under the direction of a governmental unit or an organization described in section 501(c)(3) and exempt from tax under section 501(a), or
"(D) any loan made by an educational organization described in section 170(b)(1)(A)(ii) or by an organization exempt from tax under section 501(a) to refinance a loan to an individual to assist the individual in attending any such educational organization but only if the refinancing loan is pursuant to a program of the refinancing organization which is designed as described in subparagraph (C)(ii). The preceding sentence shall not apply to the discharge of a loan made by an organization described in subparagraph (C) or made by a private education lender (as defined in section 140(a)(7) of the Truth in Lending Act) if the discharge is on account of services performed for either such organization or for such private education lender.".
(b) EFFECTIVE DATE. — The amendment made by this section shall apply to discharges of loans after December 31, 2020.
Subtitle H — Pensions
SEC. 9701. TEMPORARY DELAY OF DESIGNATION OF MULTIEMPLOYER PLANS AS IN ENDANGERED, CRITICAL, OR CRITICAL AND DECLINING STATUS.
(a) IN GENERAL. — Notwithstanding the actuarial certification under section 305(b)(3) of the Employee Retirement Income Security Act of 1974 and section 432(b)(3) of the Internal Revenue Code of 1986, if a plan sponsor of a multiemployer plan elects the application of this section, then, for purposes of section 305 of such Act and section 432 of such Code —
(1) the status of the plan for its first plan year beginning during the period beginning on March 1, 2020, and ending on February 28, 2021, or the next succeeding plan year (as designated by the plan sponsor in such election), shall be the same as the status of such plan under such sections for the plan year preceding such designated plan year, and
(2) in the case of a plan which was in endangered or critical status for the plan year preceding the designated plan year described in paragraph (1), the plan shall not be required to update its plan or schedules under section 305(c)(6) of such Act and section 432(c)(6) of such Code, or section 305(e)(3)(B) of such Act and section 432(e)(3)(B) of such Code, whichever is applicable, until the plan year following the designated plan year described in paragraph (1).
(b) EXCEPTION FOR PLANS BECOMING CRITICAL DURING ELECTION. — If —
(1) an election was made under subsection (a) with respect to a multiemployer plan, and
(2) such plan has, without regard to such election, been certified by the plan actuary under section 305(b)(3) of the Employee Retirement Income Security Act of 1974 and section 432(b)(3) of the Internal Revenue Code of 1986 to be in critical status for the designated plan year described in subsection (a)(1), then such plan shall be treated as a plan in critical status for such plan year for purposes of applying section 4971(g)(1)(A) of such Code, section 302(b)(3) of such Act (without regard to the second sentence thereof), and section 412(b)(3) of such Code (without regard to the second sentence thereof).
(c) ELECTION AND NOTICE. —
(3) ELECTION. — An election under subsection (a) —
(A) shall be made at such time and in such manner as the Secretary of the Treasury or the Secretary's delegate may prescribe and, once made, may be revoked only with the consent of the Secretary, and
(B) if made —
(i) before the date the annual certification is submitted to the Secretary or the Secretary's delegate under section 305(b)(3) of such Act and section 432(b)(3) of such Code, shall be included with such annual certification, and
(ii) after such date, shall be submitted to the Secretary or the Secretary's delegate not later than 30 days after the date of the election.
(4) NOTICE TO PARTICIPANTS. —
(C) IN GENERAL. — Notwithstanding section 305(b)(3)(D) of the Employee Retirement Income Security Act of 1974 and section 432(b)(3)(D) of the Internal Revenue Code of 1986, if, by reason of an election made under subsection (a), the plan is in neither endangered nor critical status —
(i) the plan sponsor of a multiemployer plan shall not be required to provide notice under such sections, and
(ii) the plan sponsor shall provide to the participants and beneficiaries, the bargaining parties, the Pension Benefit Guaranty Corporation, and the Secretary of Labor a notice of the election under subsection (a) and such other information as the Secretary of the Treasury (in consultation with the Secretary of Labor) may require —
(I) if the election is made before the date the annual certification is submitted to the Secretary or the Secretary's delegate under section 305(b)(3) of such Act and section 432(b)(3) of such Code, not later than 30 days after the date of the certification, and
(II) if the election is made after such date, not later than 30 days after the date of the election.
(B) NOTICE OF ENDANGERED STATUS. — Notwithstanding section 305(b)(3)(D) of such Act and section 432(b)(3)(D) of such Code, if the plan is certified to be in critical status for any plan year but is in endangered status by reason of an election made under subsection (a), the notice provided under such sections shall be the notice which would have been provided if the plan had been certified to be in endangered status.
SEC. 9702. TEMPORARY EXTENSION OF THE FUNDING IMPROVEMENT AND REHABILITATION PERIODS FOR MULTIEMPLOYER PENSION PLANS IN CRITICAL AND ENDANGERED STATUS FOR 2020 OR 2021.
(a) IN GENERAL. — If the plan sponsor of a multiemployer plan which is in endangered or critical status for a plan year beginning in 2020 or 2021 (determined after application of section 9701) elects the application of this section, then, for purposes of section 305 of the Employee Retirement Income Security Act of 1974 and section 432 of the Internal Revenue Code of 1986, the plan's funding improvement period or rehabilitation period, whichever is applicable, shall be extended by 5 years.
(b) DEFINITIONS AND SPECIAL RULES. — For purposes of this section —
(1) ELECTION. — An election under this section shall be made at such time, and in such manner and form, as (in consultation with the Secretary of Labor) the Secretary of the Treasury or the Secretary's delegate may prescribe.
(2) DEFINITIONS. — Any term which is used in this section which is also used in section 305 of the Employee Retirement Income Security Act of 1974 and section 432 of the Internal Revenue Code of 1986 shall have the same meaning as when used in such sections.
(c) EFFECTIVE DATE. — This section shall apply to plan years beginning after December 31, 2019.
SEC. 9703. ADJUSTMENTS TO FUNDING STANDARD ACCOUNT RULES.
(a) ADJUSTMENTS. —
(1) AMENDMENT TO EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974. — Section 304(b)(8) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1084(b)) is amended by adding at the end the following new subparagraph:
"(F) RELIEF FOR 2020 AND 2021. — A multiemployer plan with respect to which the solvency test under subparagraph (C) is met as of February 29, 2020, may elect to apply this paragraph (without regard to whether such plan previously elected the application of this paragraph) —
"(i) by substituting 'February 29, 2020' for 'August 31, 2008' each place it appears in subparagraphs (A)(i), (B)(i)(I), and (B)(i)(II),
"(ii) by inserting 'and other losses related to the virus SARS-CoV-2 or coronavirus disease 2019 (COVID-19) (including experience losses related to reductions in contributions, reductions in employment, and deviations from anticipated retirement rates, as determined by the plan sponsor)' after 'net investment losses' in subparagraph (A)(i), and
"(iii) by substituting 'this subparagraph or subparagraph (A)' for 'this subparagraph and subparagraph (A) both' in subparagraph (B)(iii).
The preceding sentence shall not apply to a plan to which special financial assistance is granted under section 4262. For purposes of the application of this subparagraph, the Secretary of the Treasury shall rely on the plan sponsor's calculations of plan losses unless such calculations are clearly erroneous.".
(2) AMENDMENT TO INTERNAL REVENUE CODE OF 1986. — Section 431(b)(8) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph:
"(F) RELIEF FOR 2020 AND 2021. — A multiemployer plan with respect to which the solvency test under subparagraph (C) is met as of February 29, 2020, may elect to apply this paragraph (without regard to whether such plan previously elected the application of this paragraph) —
"(i) by substituting 'February 29, 2020' for 'August 31, 2008' each place it appears in subparagraphs (A)(i), (B)(i)(I), and (B)(i)(II),
"(ii) by inserting 'and other losses related to the virus SARS-CoV-2 or coronavirus disease 2019 (COVID-19) (including experience losses related to reductions in contributions, reductions in employment, and deviations from anticipated retirement rates, as determined by the plan sponsor)' after 'net investment losses' in subparagraph (A)(i), and
"(iii) by substituting 'this subparagraph or subparagraph (A)' for 'this subparagraph and subparagraph (A) both' in subparagraph (B)(iii).
The preceding sentence shall not apply to a plan to which special financial assistance is granted under section 4262 of the Employee Retirement Income Security Act of 1974. For purposes of the application of this subparagraph, the Secretary shall rely on the plan sponsor's calculations of plan losses unless such calculations are clearly erroneous.".
(b) EFFECTIVE DATES. —
(1) IN GENERAL. — The amendments made by this section shall take effect as of the first day of the first plan year ending on or after February 29, 2020, except that any election a plan makes pursuant to this section that affects the plan's funding standard account for the first plan year beginning after February 29, 2020, shall be disregarded for purposes of applying the provisions of section 305 of the Employee Retirement Income Security Act of 1974 and section 432 of the Internal Revenue Code of 1986 to such plan year.
(2) RESTRICTIONS ON BENEFIT INCREASES. — Notwithstanding paragraph (1), the restrictions on plan amendments increasing benefits in sections 304(b)(8)(D) of such Act and 431(b)(8)(D) of such Code, as applied by the amendments made by this section, shall take effect on the date of enactment of this Act.
SEC. 9704. SPECIAL FINANCIAL ASSISTANCE PROGRAM FOR FINANCIALLY TROUBLED MULTIEMPLOYER PLANS.
(a) APPROPRIATION. — Section 4005 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1305) is amended by adding at the end the following:
"(i)(1) An eighth fund shall be established for special financial assistance to multiemployer pension plans, as provided under section 4262, and to pay for necessary administrative and operating expenses of the corporation relating to such assistance.
"(2) There is appropriated from the general fund such amounts as are necessary for the costs of providing financial assistance under section 4262 and necessary administrative and operating expenses of the corporation. The eighth fund established under this subsection shall be credited with amounts from time to time as the Secretary of the Treasury, in conjunction with the Director of the Pension Benefit Guaranty Corporation, determines appropriate, from the general fund of the Treasury, but in no case shall such transfers occur after September 30, 2030.".
(b) FINANCIAL ASSISTANCE AUTHORITY. — The Employee Retirement Income Security Act of 1974 is amended by inserting after section 4261 of such Act (29 U.S.C. 1431) the following:
"SEC. 4262. SPECIAL FINANCIAL ASSISTANCE BY THE CORPORATION.
"(a) SPECIAL FINANCIAL ASSISTANCE. —
"(1) IN GENERAL. — The corporation shall provide special financial assistance to an eligible multiemployer plan under this section, upon the application of a plan sponsor of such a plan for such assistance.
"(2) INAPPLICABILITY OF CERTAIN REPAYMENT OBLIGATION. — A plan receiving special financial assistance pursuant to this section shall not be subject to repayment obligations with respect to such special financial assistance.
"(b) ELIGIBLE MULTIEMPLOYER PLANS. —
"(1) IN GENERAL. — For purposes of this section, a multiemployer plan is an eligible multiemployer plan if —
"(A) the plan is in critical and declining status (within the meaning of section 305(b)(6)) in any plan year beginning in 2020 through 2022;
"(B) a suspension of benefits has been approved with respect to the plan under section 305(e)(9) as of the date of the enactment of this section;
"(C) in any plan year beginning in 2020 through 2022, the plan is certified by the plan actuary to be in critical status (within the meaning of section 305(b)(2)), has a modified funded percentage of less than 40 percent, and has a ratio of active to inactive participants which is less than 2 to 3; or
"(D) the plan became insolvent for purposes of section 418E of the Internal Revenue Code of 1986 after December 16, 2014, and has remained so insolvent and has not been terminated as of the date of enactment of this section.
"(2) MODIFIED FUNDED PERCENTAGE. — For purposes of paragraph (1)(C), the term 'modified funded percentage' means the percentage equal to a fraction the numerator of which is current value of plan assets (as defined in section 3(26) of such Act) and the denominator of which is current liabilities (as defined in section 431(c)(6)(D) of such Code and section 304(c)(6)(D) of such Act).
"(c) APPLICATIONS FOR SPECIAL FINANCIAL ASSISTANCE. — Within 120 days of the date of enactment of this section, the corporation shall issue regulations or guidance setting forth requirements for special financial assistance applications under this section. In such regulations or guidance, the corporation shall —
"(1) limit the materials required for a special financial assistance application to the minimum necessary to make a determination on the application;
"(2) specify effective dates for transfers of special financial assistance following approval of an application, based on the effective date of the supporting actuarial analysis and the date on which the application is submitted; and
"(3) provide for an alternate application for special financial assistance under this section, which may be used by a plan that has been approved for a partition under section 4233 before the date of enactment of this section.
"(d) TEMPORARY PRIORITY CONSIDERATION OF APPLICATIONS. —
"(1) IN GENERAL. — The corporation may specify in regulations or guidance under subsection (c) that, during a period no longer than the first 2 years following the date of enactment of this section, applications may not be filed by an eligible multiemployer plan unless —
"(A) the eligible multiemployer plan is insolvent or is likely to become insolvent within 5 years of the date of enactment of this section;
"(B) the corporation projects the eligible multiemployer plan to have a present value of financial assistance payments under section 4261 that exceeds $1,000,000,000 if the special financial assistance is not ordered;
"(C) the eligible multiemployer plan has implemented benefit suspensions under section 305(e)(9) as of the date of the enactment of this section; or
"(D) the corporation determines it appropriate based on other similar circumstances.
"(e) ACTUARIAL ASSUMPTIONS. —
"(1) ELIGIBILITY. — For purposes of determining eligibility for special financial assistance, the corporation shall accept assumptions incorporated in a multiemployer plan's determination that it is in critical status or critical and declining status (within the meaning of section 305(b)) for certifications of plan status completed before January 1, 2021, unless such assumptions are clearly erroneous. For certifications of plan status completed after December 31, 2020, a plan shall determine whether it is in critical or critical and declining status for purposes of eligibility for special financial assistance by using the assumptions that the plan used in its most recently completed certification of plan status before January 1, 2021, unless such assumptions (excluding the plan's interest rate) are unreasonable.
"(2) AMOUNT OF FINANCIAL ASSISTANCE. — In determining the amount of special financial assistance in its application, an eligible multiemployer plan shall —
"(A) use the interest rate used by the plan in its most recently completed certification of plan status before January 1, 2021, provided that such interest rate may not exceed the interest rate limit; and
"(B) for other assumptions, use the assumptions that the plan used in its most recently completed certification of plan status before January 1, 2021, unless such assumptions are unreasonable.
"(3) INTEREST RATE LIMIT. — The interest rate limit for purposes of this subsection is the rate specified in section 303(h)(2)(C)(iii) (disregarding modifications made under clause (iv) of such section) for the month in which the application for special financial assistance is filed by the eligible multiemployer plan or the 3 preceding months, with such specified rate increased by 200 basis points.
"(4) CHANGES IN ASSUMPTIONS. — If a plan determines that use of one or more prior assumptions is unreasonable, the plan may propose in its application to change such assumptions, provided that the plan discloses such changes in its application and describes why such assumptions are no longer reasonable. The corporation shall accept such changed assumptions unless it determines the changes are unreasonable, individually or in the aggregate. The plan may not propose a change to the interest rate otherwise required under this subsection for eligibility or financial assistance amount.
"(f) APPLICATION DEADLINE. — Any application by a plan for special financial assistance under this section shall be submitted to the corporation (and, in the case of a plan to which section 432(k)(1)(D) of the Internal Revenue Code of 1986 applies, to the Secretary of the Treasury) no later than December 31, 2025, and any revised application for special financial assistance shall be submitted no later than December 31, 2026.
"(g) DETERMINATIONS ON APPLICATIONS. — A plan's application for special financial assistance under this section that is timely filed in accordance with the regulations or guidance issued under subsection (c) shall be deemed approved unless the corporation notifies the plan within 120 days of the filing of the application that the application is incomplete, any proposed change or assumption is unreasonable, or the plan is not eligible under this section. Such notice shall specify the reasons the plan is ineligible for special financial assistance, any proposed change or assumption is unreasonable, or information is needed to complete the application. If a plan is denied assistance under this subsection, the plan may submit a revised application under this section. Any revised application for special financial assistance submitted by a plan shall be deemed approved unless the corporation notifies the plan within 120 days of the filing of the revised application that the application is incomplete, any proposed change or assumption is unreasonable, or the plan is not eligible under this section. Special financial assistance issued by the corporation shall be effective on a date determined by the corporation, but no later than 1 year after a plan's special financial assistance application is approved by the corporation or deemed approved. The corporation shall not pay any special financial assistance after September 30, 2030.
"(h) MANNER OF PAYMENT. — The payment made by the corporation to an eligible multiemployer plan under this section shall be made as a single, lump sum payment.
"(i) AMOUNT AND MANNER OF SPECIAL FINANCIAL ASSISTANCE. —
"(1) IN GENERAL. — Special financial assistance under this section shall be a transfer of funds in the amount necessary as demonstrated by the plan sponsor on the application for such special financial assistance, in accordance with the requirements described in subsection (j). Special financial assistance shall be paid to such plan as soon as practicable upon approval of the application by the corporation.
"(2) NO CAP. — Special financial assistance granted by the corporation under this section shall not be capped by the guarantee under 4022A.
"(j) DETERMINATION OF AMOUNT OF SPECIAL FINANCIAL ASSISTANCE. —
"(1) IN GENERAL. — The amount of financial assistance provided to a multiemployer plan eligible for financial assistance under this section shall be such amount required for the plan to pay all benefits due during the period beginning on the date of payment of the special financial assistance payment under this section and ending on the last day of the plan year ending in 2051, with no reduction in a participant's or beneficiary's accrued benefit as of the date of enactment of this section, except to the extent of a reduction in accordance with section 305(e)(8) adopted prior to the plan's application for special financial assistance under this section, and taking into account the reinstatement of benefits required under subsection (k).
"(2) PROJECTIONS. — The funding projections for purposes of this section shall be performed on a deterministic basis.
"(k) REINSTATEMENT OF SUSPENDED BENEFITS. — The Secretary, in coordination with the Secretary of the Treasury, shall ensure that an eligible multiemployer plan that receives special financial assistance under this section —
"(1) reinstates any benefits that were suspended under section 305(e)(9) or section 4245(a) in accordance with guidance issued by the Secretary of the Treasury pursuant to section 432(k)(1)(B) of the Internal Revenue Code of 1986, effective as of the first month in which the effective date for the special financial assistance occurs, for participants and beneficiaries as of such month; and
"(2) provides payments equal to the amount of benefits previously suspended under section 305(e)(9) or 4245(a) to any participants or beneficiaries in pay status as of the effective date of the special financial assistance, payable, as determined by the eligible multiemployer plan —
"(A) as a lump sum within 3 months of such effective date; or
"(B) in equal monthly installments over a period of 5 years, commencing within 3 months of such effective date, with no adjustment for interest.
"(l) RESTRICTIONS ON THE USE OF SPECIAL FINANCIAL ASSISTANCE. — Special financial assistance received under this section and any earnings thereon may be used by an eligible multiemployer plan to make benefit payments and pay plan expenses. Special financial assistance and any earnings on such assistance shall be segregated from other plan assets. Special financial assistance shall be invested by plans in investment grade bonds or other investments as permitted by the corporation.
"(m) CONDITIONS ON PLANS RECEIVING SPECIAL FINANCIAL ASSISTANCE. —
"(1) IN GENERAL. — The corporation, in consultation with the Secretary of the Treasury, may impose, by regulation or other guidance, reasonable conditions on an eligible multiemployer plan that receives special financial assistance relating to increases in future accrual rates and any retroactive benefit improvements, allocation of plan assets, reductions in employer contribution rates, diversion of contributions to, and allocation of expenses to, other benefit plans, and withdrawal liability.
"(2) LIMITATION. — The corporation shall not impose conditions on an eligible multiemployer plan as a condition of, or following receipt of, special financial assistance under this section relating to —
"(A) any prospective reduction in plan benefits (including benefits that may be adjusted pursuant to section 305(e)(8));
"(B) plan governance, including selection of, removal of, and terms of contracts with, trustees, actuaries, investment managers, and other service providers; or
"(C) any funding rules relating to the plan receiving special financial assistance under this section.
"(3) PAYMENT OF PREMIUMS. — An eligible multiemployer plan receiving special financial assistance under this section shall continue to pay all premiums due under section 4007 for participants and beneficiaries in the plan.
"(4) ASSISTANCE NOT CONSIDERED FOR CERTAIN PURPOSES. — An eligible multiemployer plan that receives special financial assistance shall be deemed to be in critical status within the meaning of section 305(b)(2) until the last plan year ending in 2051.
"(5) INSOLVENT PLANS. — An eligible multiemployer plan receiving special financial assistance under this section that subsequently becomes insolvent will be subject to the current rules and guarantee for insolvent plans.
"(6) INELIGIBILITY FOR OTHER ASSISTANCE. — An eligible multiemployer plan that receives special financial assistance under this section is not eligible to apply for a new suspension of benefits under section 305(e)(9)(G).
"(n) COORDINATION WITH SECRETARY OF THE TREASURY. — In prescribing the application process for eligible multiemployer plans to receive special financial assistance under this section and reviewing applications of such plans, the corporation shall coordinate with the Secretary of the Treasury in the following manner:
"(1) In the case of a plan which has suspended benefits under section 305(e)(9) —
"(A) in determining whether to approve the application, the corporation shall consult with the Secretary of the Treasury regarding the plan's proposed method of reinstating benefits, as described in the plan's application and in accordance with guidance issued by the Secretary of the Treasury, and
"(B) the corporation shall consult with the Secretary of the Treasury regarding the amount of special financial assistance needed based on the projected funded status of the plan as of the last day of the plan year ending in 2051, whether the plan proposes to repay benefits over 5 years or as a lump sum, as required by subsection (k)(2), and any other relevant factors, as determined by the corporation in consultation with the Secretary of the Treasury, to ensure the amount of assistance is sufficient to meet such requirement and is sufficient to pay benefits as required in subsection (j)(1).
"(2) In the case of any plan which proposes in its application to change the assumptions used, as provided in subsection (e)(4), the corporation shall consult with the Secretary of the Treasury regarding such proposed change in assumptions.
"(3) If the corporation specifies in regulations or guidance that temporary priority consideration is available for plans which are insolvent within the meaning of section 418E of the Internal Revenue Code of 1986 or likely to become so insolvent or for plans which have suspended benefits under section 305(e)(9), or that availability is otherwise based on the funded status of the plan under section 305, as permitted by subsection (d), the corporation shall consult with the Secretary of the Treasury regarding any granting of priority consideration to such plans.".
(c) PREMIUM RATE INCREASE. — Section 4006(a)(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1306(a)(3)) is amended —
(1) in subparagraph (A) —
(A) in clause (vi) —
(i) by inserting ", and before January 1, 2031" after "December 31, 2014,"; and
(ii) by striking "or" at the end;
(B) by adding at the end the following:
"(viii) in the case of a multiemployer plan, for plan years beginning after December 31, 2030, $52 for each individual who is a participant in such plan during the applicable plan year."; and
(2) by adding at the end the following:
"(N) For each plan year beginning in a calendar year after 2031, there shall be substituted for the dollar amount specified in clause (viii) of subparagraph (A) an amount equal to the greater of —
"(i) the product derived by multiplying such dollar amount by the ratio of —
"(I) the national average wage index (as defined in section 209(k)(1) of the Social Security Act) for the first of the 2 calendar years preceding the calendar year in which such plan year begins, to
"(II) the national average wage index (as so defined) for 2029; and
"(ii) such dollar amount for plan years beginning in the preceding calendar year.
If the amount determined under this subparagraph is not a multiple of $1, such product shall be rounded to the nearest multiple of $1.".
(d) AMENDMENTS TO INTERNAL REVENUE CODE OF 1986. —
(1) IN GENERAL. — Section 432(a) of the Internal Revenue Code of 1986 is amended —
(A) by striking "and" at the end of paragraph (2)(B),
(B) by striking the period at the end of paragraph (3)(B) and inserting ", and", and
(C) by adding at the end the following new paragraph:
"(4) if the plan is an eligible multiemployer plan which is applying for or receiving special financial assistance under section 4262 of the Employee Retirement Income Security Act of 1974, the requirements of subsection (k) shall apply to the plan.".
(2) PLANS RECEIVING SPECIAL FINANCIAL ASSISTANCE TO BE IN CRITICAL STATUS. — Section 432(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:
"(7) PLANS RECEIVING SPECIAL FINANCIAL ASSISTANCE. — If an eligible multiemployer plan receiving special financial assistance under section 4262 of the Employee Retirement Income Security Act of 1974 meets the requirements of subsection (k)(2), notwithstanding the preceding paragraphs of this subsection, the plan shall be deemed to be in critical status for plan years beginning with the plan year in which the effective date for such assistance occurs and ending with the last plan year ending in 2051.".
(3) RULES RELATING TO ELIGIBLE MULTIEMPLOYER PLANS. — Section 432 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:
"(k) RULES RELATING TO ELIGIBLE MULTIEMPLOYER PLANS. —
"(1) PLANS APPLYING FOR SPECIAL FINANCIAL ASSISTANCE. — In the case of an eligible multiemployer plan which applies for special financial assistance under section 4262 of such Act —
"(A) IN GENERAL. — Such application shall be submitted in accordance with the requirements of such section, including any guidance issued thereunder by the Pension Benefit Guaranty Corporation.
"(B) REINSTATEMENT OF SUSPENDED BENEFITS. — In the case of a plan for which a suspension of benefits has been approved under subsection (e)(9), the application shall describe the manner in which suspended benefits will be reinstated in accordance with paragraph (2)(A) and guidance issued by the Secretary if the plan receives special financial assistance.
"(C) AMOUNT OF FINANCIAL ASSISTANCE. —
"(i) IN GENERAL. — In determining the amount of special financial assistance to be specified in its application, an eligible multiemployer plan shall —
"(I) use the interest rate used by the plan in its most recently completed certification of plan status before January 1, 2021, provided that such interest rate does not exceed the interest rate limit, and
"(II) for other assumptions, use the assumptions that the plan used in its most recently completed certification of plan status before January 1, 2021, unless such assumptions are unreasonable.
"(ii) INTEREST RATE LIMIT. — For purposes of clause (i), the interest rate limit is the rate specified in section 430(h)(2)(C)(iii) (disregarding modifications made under clause (iv) of such section) for the month in which the application for special financial assistance is filed by the eligible multiemployer plan or the 3 preceding months, with such specified rate increased by 200 basis points.
"(iii) CHANGES IN ASSUMPTIONS. — If a plan determines that use of one or more prior assumptions is unreasonable, the plan may propose in its application to change such assumptions, provided that the plan discloses such changes in its application and describes why such assumptions are no longer reasonable. The plan may not propose a change to the interest rate otherwise required under this subsection for eligibility or financial assistance amount.
"(D) PLANS APPLYING FOR PRIORITY CONSIDERATION. — In the case of a plan applying for special financial assistance under rules providing for temporary priority consideration, as provided in paragraph (4)(C), such plan's application shall be submitted to the Secretary in addition to the Pension Benefit Guaranty Corporation.
"(2) PLANS RECEIVING SPECIAL FINANCIAL ASSISTANCE. — In the case of an eligible multiemployer plan receiving special financial assistance under section 4262 of the Employee Retirement Income Security Act of 1974 —
"(A) REINSTATEMENT OF SUSPENDED BENEFITS. — The plan shall —
"(i) reinstate any benefits that were suspended under subsection (e)(9) or section 4245(a) of the Employee Retirement Income Security Act of 1974, effective as of the first month in which the effective date for the special financial assistance occurs, for participants and beneficiaries as of such month, and
"(ii) provide payments equal to the amount of benefits previously suspended to any participants or beneficiaries in pay status as of the effective date of the special financial assistance, payable, as determined by the plan —
"(I) as a lump sum within 3 months of such effective date; or
"(II) in equal monthly installments over a period of 5 years, commencing within 3 months of such effective date, with no adjustment for interest.
"(B) RESTRICTIONS ON THE USE OF SPECIAL FINANCIAL ASSISTANCE. — Special financial assistance received by the plan may be used to make benefit payments and pay plan expenses. Such assistance shall be segregated from other plan assets, and shall be invested by the plan in investment-grade bonds or other investments as permitted by regulations or other guidance issued by the Pension Benefit Guaranty Corporation.
"(C) CONDITIONS ON PLANS RECEIVING SPECIAL FINANCIAL ASSISTANCE. —
"(i) IN GENERAL. — The Pension Benefit Guaranty Corporation, in consultation with the Secretary, may impose, by regulation or other guidance, reasonable conditions on an eligible multiemployer plan receiving special financial assistance relating to increases in future accrual rates and any retroactive benefit improvements, allocation of plan assets, reductions in employer contribution rates, diversion of contributions and allocation of expenses to other benefit plans, and withdrawal liability.
"(ii) LIMITATION. — The Pension Benefit Guaranty Corporation shall not impose conditions on an eligible multiemployer plan as a condition of, or following receipt of, special financial assistance relating to —
"(I) any prospective reduction in plan benefits (including benefits that may be adjusted pursuant to subsection (e)(8)),
"(II) plan governance, including selection of, removal of, and terms of contracts with, trustees, actuaries, investment managers, and other service providers, or
"(III) any funding rules relating to the plan.
"(D) ASSISTANCE DISREGARDED FOR CERTAIN PURPOSES. —
"(i) FUNDING STANDARDS. — Special financial assistance received by the plan shall not be taken into account for determining contributions required under section 431.
"(ii) INSOLVENT PLANS. — If the plan becomes insolvent within the meaning of section 418E after receiving special financial assistance, the plan shall be subject to all rules applicable to insolvent plans.
"(E) INELIGIBILITY FOR SUSPENSION OF BENEFITS. — The plan shall not be eligible to apply for a new suspension of benefits under subsection (e)(9)(G).
"(3) ELIGIBLE MULTIEMPLOYER PLAN. —
"(A) IN GENERAL. — For purposes of this section, a multiemployer plan is an eligible multiemployer plan if —
"(i) the plan is in critical and declining status in any plan year beginning in 2020 through 2022,
"(ii) a suspension of benefits has been approved with respect to the plan under subsection (e)(9) as of the date of the enactment of this subsection;
"(iii) in any plan year beginning in 2020 through 2022, the plan is certified by the plan actuary to be in critical status, has a modified funded percentage of less than 40 percent, and has a ratio of active to inactive participants which is less than 2 to 3, or
"(iv) the plan became insolvent within the meaning of section 418E after December 16, 2014, and has remained so insolvent and has not been terminated as of the date of enactment of this subsection.
"(B) MODIFIED FUNDED PERCENTAGE. — For purposes of subparagraph (A)(iii), the term 'modified funded percentage' means the percentage equal to a fraction the numerator of which is current value of plan assets (as defined in section 3(26) of the Employee Retirement Income Security Act of 1974) and the denominator of which is current liabilities (as defined in section 431(c)(6)(D)).
"(4) COORDINATION WITH PENSION BENEFIT GUARANTY CORPORATION. — In prescribing the application process for eligible multiemployer plans to receive special financial assistance under section 4262 of the Employee Retirement Income Security Act of 1974 and reviewing applications of such plans, the Pension Benefit Guaranty Corporation shall coordinate with the Secretary in the following manner:
"(A) In the case of a plan which has suspended benefits under subsection (e)(9) —
"(i) in determining whether to approve the application, such corporation shall consult with the Secretary regarding the plan's proposed method of reinstating benefits, as described in the plan's application and in accordance with guidance issued by the Secretary, and
"(ii) such corporation shall consult with the Secretary regarding the amount of special financial assistance needed based on the projected funded status of the plan as of the last day of the plan year ending in 2051, whether the plan proposes to repay benefits over 5 years or as a lump sum, as required by paragraph (2)(A)(ii), and any other relevant factors, as determined by such corporation in consultation with the Secretary, to ensure the amount of assistance is sufficient to meet such requirement and is sufficient to pay benefits as required in section 4262(j)(1) of such Act.
"(B) In the case of any plan which proposes in its application to change the assumptions used, as provided in paragraph (1)(C)(iii), such corporation shall consult with the Secretary regarding such proposed change in assumptions.
"(C) If such corporation specifies in regulations or guidance that temporary priority consideration is available for plans which are insolvent within the meaning of section 418E or likely to become so insolvent or for plans which have suspended benefits under subsection (e)(9), or that availability is otherwise based on the funded status of the plan under this section, as permitted by section 4262(d) of such Act, such corporation shall consult with the Secretary regarding any granting of priority consideration to such plans.".
SEC. 9705. EXTENDED AMORTIZATION FOR SINGLE EMPLOYER PLANS.
(a) 15-YEAR AMORTIZATION UNDER THE INTERNAL REVENUE CODE OF 1986. — Section 430(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:
"(8) 15-YEAR AMORTIZATION. — With respect to plan years beginning after December 31, 2021 (or, at the election of the plan sponsor, plan years beginning after December 31, 2018, December 31, 2019, or December 31, 2020) —
"(A) the shortfall amortization bases for all plan years preceding the first plan year beginning after December 31, 2021 (or after whichever earlier date is elected pursuant to this paragraph), and all shortfall amortization installments determined with respect to such bases, shall be reduced to zero, and
"(B) subparagraphs (A) and (B) of paragraph (2) shall each be applied by substituting '15-plan-year period' for '7-plan-year period'.".
(b) 15-YEAR AMORTIZATION UNDER THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974. — Section 303(c) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1083(c)) is amended by adding at the end the following new paragraph:
"(8) 15-YEAR AMORTIZATION. — With respect to plan years beginning after December 31, 2021 (or, at the election of the plan sponsor, plan years beginning after December 31, 2018, December 31, 2019, or December 31, 2020) —
"(A) the shortfall amortization bases for all plan years preceding the first plan year beginning after December 31, 2021 (or after whichever earlier date is elected pursuant to this paragraph), and all shortfall amortization installments determined with respect to such bases, shall be reduced to zero, and
"(B) subparagraphs (A) and (B) of paragraph (2) shall each be applied by substituting '15-plan-year period' for '7-plan-year period'.".
(c) EFFECTIVE DATE. — The amendments made by this section shall apply to plan years beginning after December 31, 2018.
SEC. 9706. EXTENSION OF PENSION FUNDING STABILIZATION PERCENTAGES FOR SINGLE EMPLOYER PLANS.
(a) AMENDMENT TO INTERNAL REVENUE CODE OF 1986. —
(1) IN GENERAL. — The table contained in subclause (II) of section 430(h)(2)(C)(iv) of the Internal Revenue Code of 1986 is amended to read as follows:
"If the calendar year is: | The applicable minimum percentage is: | The applicable maximum percentage is: |
|---|---|---|
Any year in the period starting in 2012 and ending in 2019 | 90% | 110% |
Any year in the period starting in 2020 and ending in 2025 | 95% | 105% |
2026 | 90% | 110% |
2027 | 85% | 115% |
2028 | 80% | 120% |
2029 | 75% | 125% |
After 2029 | 70% | 130%.". |
(2) FLOOR ON 25-YEAR AVERAGES. — Subclause (I) of section 430(h)(2)(C)(iv) of such Code is amended by adding at the end the following: "Notwithstanding anything in this subclause, if the average of the first, second, or third segment rate for any 25-year period is less than 5 percent, such average shall be deemed to be 5 percent.".
(b) AMENDMENTS TO EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974. —
(1) IN GENERAL. — The table contained in subclause (II) of section 303(h)(2)(C)(iv) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1083(h)(2)(C)(iv)(II)) is amended to read as follows:
"If the calendar year is: | The applicable minimum percentage is: | The applicable maximum percentage is: |
|---|---|---|
Any year in the period starting in 2012 and ending in 2019 | 90% | 110% |
Any year in the period starting in 2020 and ending in 2025 | 95% | 105% |
2026 | 90% | 110% |
2027 | 85% | 115% |
2028 | 80% | 120% |
2029 | 75% | 125% |
After 2029 | 70% | 130%.". |
(2) FLOOR ON 25-YEAR AVERAGES. — Subclause (I) of section 303(h)(2)(C)(iv) of such Act (29 U.S.C. 1083(h)(2)(C)(iv)(I)) is amended by adding at the end the following: "Notwithstanding anything in this subclause, if the average of the first, second, or third segment rate for any 25-year period is less than 5 percent, such average shall be deemed to be 5 percent.".
(3) CONFORMING AMENDMENTS. —
(A) IN GENERAL. — Section 101(f)(2)(D) of such Act (29 U.S.C. 1021(f)(2)(D)) is amended —
(i) in clause (i) by striking "and the Bipartisan Budget Act of 2015" both places it appears and inserting ", the Bipartisan Budget Act of 2015, and the American Rescue Plan Act of 2021", and
(ii) in clause (ii) by striking "2023" and inserting "2029".
(B) STATEMENTS. — The Secretary of Labor shall modify the statements required under subclauses (I) and (II) of section 101(f)(2)(D)(i) of such Act to conform to the amendments made by this section.
(c) EFFECTIVE DATE. —
(1) IN GENERAL. — The amendments made by this section shall apply with respect to plan years beginning after December 31, 2019.
(2) ELECTION NOT TO APPLY. — A plan sponsor may elect not to have the amendments made by this section apply to any plan year beginning before January 1, 2022, either (as specified in the election) —
(A) for all purposes for which such amendments apply, or
(B) solely for purposes of determining the adjusted funding target attainment percentage under sections 436 of the Internal Revenue Code of 1986 and 206(g) of the Employee Retirement Income Security Act of 1974 for such plan year.
A plan shall not be treated as failing to meet the requirements of sections 204(g) of such Act and 411(d)(6) of such Code solely by reason of an election under this paragraph.
SEC. 9707. MODIFICATION OF SPECIAL RULES FOR MINIMUM FUNDING STANDARDS FOR COMMUNITY NEWSPAPER PLANS.
(a) AMENDMENT TO INTERNAL REVENUE CODE OF 1986. — Subsection (m) of section 430 of the Internal Revenue Code of 1986 is amended to read as follows:
"(m) SPECIAL RULES FOR COMMUNITY NEWSPAPER PLANS. —
"(1) IN GENERAL. — An eligible newspaper plan sponsor of a plan under which no participant has had the participant's accrued benefit increased (whether because of service or compensation) after April 2, 2019, may elect to have the alternative standards described in paragraph (4) apply to such plan.
"(2) ELIGIBLE NEWSPAPER PLAN SPONSOR. — The term 'eligible newspaper plan sponsor' means the plan sponsor of —
"(A) any community newspaper plan, or
"(B) any other plan sponsored, as of April 2, 2019, by a member of the same controlled group of a plan sponsor of a community newspaper plan if such member is in the trade or business of publishing 1 or more newspapers.
"(3) ELECTION. — An election under paragraph (1) shall be made at such time and in such manner as prescribed by the Secretary. Such election, once made with respect to a plan year, shall apply to all subsequent plan years unless revoked with the consent of the Secretary.
"(4) ALTERNATIVE MINIMUM FUNDING STANDARDS. — The alternative standards described in this paragraph are the following:
"(A) INTEREST RATES. —
"(i) IN GENERAL. — Notwithstanding subsection (h)(2)(C) and except as provided in clause (ii), the first, second, and third segment rates in effect for any month for purposes of this section shall be 8 percent.
"(ii) NEW BENEFIT ACCRUALS. — Notwithstanding subsection (h)(2), for purposes of determining the funding target and normal cost of a plan for any plan year, the present value of any benefits accrued or earned under the plan for a plan year with respect to which an election under paragraph (1) is in effect shall be determined on the basis of the United States Treasury obligation yield curve for the day that is the valuation date of such plan for such plan year.
"(iii) UNITED STATES TREASURY OBLIGATION YIELD CURVE. — For purposes of this subsection, the term 'United States Treasury obligation yield curve' means, with respect to any day, a yield curve which shall be prescribed by the Secretary for such day on interest-bearing obligations of the United States.
"(B) SHORTFALL AMORTIZATION BASE. —
"(i) PREVIOUS SHORTFALL AMORTIZATION BASES. — The shortfall amortization bases determined under subsection (c)(3) for all plan years preceding the first plan year to which the election under paragraph (1) applies (and all shortfall amortization installments determined with respect to such bases) shall be reduced to zero under rules similar to the rules of subsection (c)(6).
"(ii) NEW SHORTFALL AMORTIZATION BASE. — Notwithstanding subsection (c)(3), the shortfall amortization base for the first plan year to which the election under paragraph (1) applies shall be the funding shortfall of such plan for such plan year (determined using the interest rates as modified under subparagraph (A)).
"(C) DETERMINATION OF SHORTFALL AMORTIZATION INSTALLMENTS. —
"(i) 30-YEAR PERIOD. — Subparagraphs (A) and (B) of subsection (c)(2) shall be applied by substituting '30-plan-year' for '7-plan-year' each place it appears.
"(ii) NO SPECIAL ELECTION. — The election under subparagraph (D) of subsection (c)(2) shall not apply to any plan year to which the election under paragraph (1) applies.
"(D) EXEMPTION FROM AT-RISK TREATMENT. — Subsection (i) shall not apply.
"(5) COMMUNITY NEWSPAPER PLAN. — For purposes of this subsection —
"(A) IN GENERAL. — The term 'community newspaper plan' means any plan to which this section applies maintained as of December 31, 2018, by an employer which —
"(i) maintains the plan on behalf of participants and beneficiaries with respect to employment in the trade or business of publishing 1 or more newspapers which were published by the employer at any time during the 11-year period ending on December 20, 2019,
"(ii)(I) is not a company the stock of which is publicly traded (on a stock exchange or in an over-the-counter market), and is not controlled, directly or indirectly, by such a company, or
"(II) is controlled, directly or indirectly, during the entire 30-year period ending on December 20, 2019, by individuals who are members of the same family, and does not publish or distribute a daily newspaper that is carrier-distributed in printed form in more than 5 States, and
"(iii) is controlled, directly or indirectly —
"(I) by 1 or more persons residing primarily in a State in which the community newspaper has been published on newsprint or carrier-distributed,
"(II) during the entire 30-year period ending on December 20, 2019, by individuals who are members of the same family,
"(III) by 1 or more trusts, the sole trustees of which are persons described in subclause (I) or (II), or
"(IV) by a combination of persons described in subclause (I), (II), or (III).
"(B) NEWSPAPER. — The term 'newspaper' does not include any newspaper (determined without regard to this subparagraph) to which any of the following apply:
"(i) Is not in general circulation.
"(ii) Is published (on newsprint or electronically) less frequently than 3 times per week.
"(iii) Has not ever been regularly published on newsprint.
"(iv) Does not have a bona fide list of paid subscribers.
"(C) CONTROL. — A person shall be treated as controlled by another person if such other person possesses, directly or indirectly, the power to direct or cause the direction and management of such person (including the power to elect a majority of the members of the board of directors of such person) through the ownership of voting securities.
"(6) CONTROLLED GROUP. — For purposes of this subsection, the term 'controlled group' means all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 as of December 20, 2019.".
(b) AMENDMENT TO EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974. — Subsection (m) of section 303 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1083(m)) is amended to read as follows:
"(m) SPECIAL RULES FOR COMMUNITY NEWSPAPER PLANS. —
"(1) IN GENERAL. — An eligible newspaper plan sponsor of a plan under which no participant has had the participant's accrued benefit increased (whether because of service or compensation) after April 2, 2019, may elect to have the alternative standards described in paragraph (4) apply to such plan.
"(2) ELIGIBLE NEWSPAPER PLAN SPONSOR. — The term 'eligible newspaper plan sponsor' means the plan sponsor of —
"(A) any community newspaper plan, or
"(B) any other plan sponsored, as of April 2, 2019, by a member of the same controlled group of a plan sponsor of a community newspaper plan if such member is in the trade or business of publishing 1 or more newspapers.
"(3) ELECTION. — An election under paragraph (1) shall be made at such time and in such manner as prescribed by the Secretary of the Treasury. Such election, once made with respect to a plan year, shall apply to all subsequent plan years unless revoked with the consent of the Secretary of the Treasury.
"(4) ALTERNATIVE MINIMUM FUNDING STANDARDS. — The alternative standards described in this paragraph are the following:
"(A) INTEREST RATES. —
"(i) IN GENERAL. — Notwithstanding subsection (h)(2)(C) and except as provided in clause (ii), the first, second, and third segment rates in effect for any month for purposes of this section shall be 8 percent.
"(ii) NEW BENEFIT ACCRUALS. — Notwithstanding subsection (h)(2), for purposes of determining the funding target and normal cost of a plan for any plan year, the present value of any benefits accrued or earned under the plan for a plan year with respect to which an election under paragraph (1) is in effect shall be determined on the basis of the United States Treasury obligation yield curve for the day that is the valuation date of such plan for such plan year.
"(iii) UNITED STATES TREASURY OBLIGATION YIELD CURVE. — For purposes of this subsection, the term 'United States Treasury obligation yield curve' means, with respect to any day, a yield curve which shall be prescribed by the Secretary of the Treasury for such day on interest-bearing obligations of the United States.
"(B) SHORTFALL AMORTIZATION BASE. —
"(i) PREVIOUS SHORTFALL AMORTIZATION BASES. — The shortfall amortization bases determined under subsection (c)(3) for all plan years preceding the first plan year to which the election under paragraph (1) applies (and all shortfall amortization installments determined with respect to such bases) shall be reduced to zero under rules similar to the rules of subsection (c)(6).
"(ii) NEW SHORTFALL AMORTIZATION BASE. — Notwithstanding subsection (c)(3), the shortfall amortization base for the first plan year to which the election under paragraph (1) applies shall be the funding shortfall of such plan for such plan year (determined using the interest rates as modified under subparagraph (A)).
"(C) DETERMINATION OF SHORTFALL AMORTIZATION INSTALLMENTS. —
"(i) 30-YEAR PERIOD. — Subparagraphs (A) and (B) of subsection (c)(2) shall be applied by substituting '30-plan-year' for '7-plan-year' each place it appears.
"(ii) NO SPECIAL ELECTION. — The election under subparagraph (D) of subsection (c)(2) shall not apply to any plan year to which the election under paragraph (1) applies.
"(D) EXEMPTION FROM AT-RISK TREATMENT. — Subsection (i) shall not apply.
"(5) COMMUNITY NEWSPAPER PLAN. — For purposes of this subsection —
"(A) IN GENERAL. — The term 'community newspaper plan' means a plan to which this section applies maintained as of December 31, 2018, by an employer which —
"(i) maintains the plan on behalf of participants and beneficiaries with respect to employment in the trade or business of publishing 1 or more newspapers which were published by the employer at any time during the 11-year period ending on December 20, 2019,
"(ii)(I) is not a company the stock of which is publicly traded (on a stock exchange or in an over-the-counter market), and is not controlled, directly or indirectly, by such a company, or
"(II) is controlled, directly, or indirectly, during the entire 30-year period ending on December 20, 2019, by individuals who are members of the same family, and does not publish or distribute a daily newspaper that is carrier-distributed in printed form in more than 5 States, and
"(iii) is controlled, directly, or indirectly —
"(I) by 1 or more persons residing primarily in a State in which the community newspaper has been published on newsprint or carrier-distributed,
"(II) during the entire 30-year period ending on December 20, 2019, by individuals who are members of the same family,
"(III) by 1 or more trusts, the sole trustees of which are persons described in subclause (I) or (II), or
"(IV) by a combination of persons described in subclause (I), (II), or (III).
"(B) NEWSPAPER. — The term 'newspaper' does not include any newspaper (determined without regard to this subparagraph) to which any of the following apply:
"(i) Is not in general circulation.
"(ii) Is published (on newsprint or electronically) less frequently than 3 times per week.
"(iii) Has not ever been regularly published on newsprint.
"(iv) Does not have a bona fide list of paid subscribers.
"(C) CONTROL. — A person shall be treated as controlled by another person if such other person possesses, directly or indirectly, the power to direct or cause the direction and management of such person (including the power to elect a majority of the members of the board of directors of such person) through the ownership of voting securities.
"(6) CONTROLLED GROUP. — For purposes of this subsection, the term 'controlled group' means all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 of the Internal Revenue Code of 1986 as of December 20, 2019.
"(7) EFFECT ON PREMIUM RATE CALCULATION. — In the case of a plan for which an election is made to apply the alternative standards described in paragraph (3), the additional premium under section 4006(a)(3)(E) shall be determined as if such election had not been made.".
(c) EFFECTIVE DATE. — The amendments made by this section shall apply to plan years ending after December 31, 2017.
SEC. 9708. EXPANSION OF LIMITATION ON EXCESSIVE EMPLOYEE REMUNERATION.
Paragraph (3) of section 162(m) of the Internal Revenue Code of 1986 is amended —
(1) by redesignating subparagraph (C) as subparagraph (D),
(2) by striking "or" at the end of subparagraph (B),
(3) by inserting after subparagraph (B) the following new subparagraph:
"(C) in the case of taxable years beginning after December 31, 2026, such employee is among the 5 highest compensated employees for the taxable year other than any individual described in subparagraph (A) or (B), or", and
(4) by striking "employee" in subparagraph (D), as so redesignated, and inserting "employee described in subparagraph (A) or (B)".
* * *
Subtitle M — Coronavirus State and Local Fiscal Recovery Funds
SEC. 9901. CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS.
(a) IN GENERAL. — Title VI of the Social Security Act (42 U.S.C. 801 et seq.) is amended by adding at the end the following:
"SEC. 602. CORONAVIRUS STATE FISCAL RECOVERY FUND.
"(a) APPROPRIATION. — In addition to amounts otherwise available, there is appropriated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated —
"(1) $219,800,000,000, to remain available through December 31, 2024, for making payments under this section to States, territories, and Tribal governments to mitigate the fiscal effects stemming from the public health emergency with respect to the Coronavirus Disease (COVID-19); and
"(2) $50,000,000, to remain available until expended, for the costs of the Secretary for administration of the funds established under this title.
"(b) AUTHORITY TO MAKE PAYMENTS. —
"(1) PAYMENTS TO TERRITORIES. —
"(A) IN GENERAL. — The Secretary shall reserve $4,500,000,000 of the amount appropriated under subsection (a)(1) to make payments to the territories.
"(B) ALLOCATION. — Of the amount reserved under subparagraph (A) —
"(i) 50 percent of such amount shall be allocated by the Secretary equally to each territory; and
"(ii) 50 percent of such amount shall be allocated by the Secretary as an additional amount to each territory in an amount which bears the same proportion to 1⁄2 of the total amount reserved under subparagraph (A) as the population of the territory bears to the total population of all such territories.
"(C) PAYMENT. — The Secretary shall pay each territory the total of the amounts allocated for the territory under subparagraph (B) in accordance with paragraph (6).
"(2) PAYMENTS TO TRIBAL GOVERNMENTS. —
"(A) IN GENERAL. — The Secretary shall reserve $20,000,000,000 of the amount appropriated under subsection (a)(1) to make payments to Tribal governments.
"(B) ALLOCATION. — Of the amount reserved under subparagraph (A) —
"(i) $1,000,000,000 shall be allocated by the Secretary equally among each of the Tribal governments; and
"(ii) $19,000,000,000 shall be allocated by the Secretary to the Tribal governments in a manner 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) in accordance with paragraph (6).
"(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)(1) to make payments to each of the 50 States and the District of Columbia.
"(B) ALLOCATIONS. — Of the amount reserved under subparagraph (A) —
"(i) $25,500,000,000 of such amount shall be 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 be allocated by the Secretary as an additional amount to the District of Columbia; and
"(iii) an amount equal to the remainder of the amount reserved under subparagraph (A) after the application of clauses (i) and (ii) of this subparagraph shall be allocated by the Secretary as an additional amount to each of the 50 States and the District of Columbia in an amount which bears the same 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 with December 2020 bears to the average estimated number of seasonally-adjusted unemployed individuals in all of the 50 States and the District of Columbia over the same period.
"(C) PAYMENT. —
"(i) IN GENERAL. — Subject to clause (ii), the Secretary shall pay each of the 50 States and the District of Columbia, from the amount reserved under subparagraph (A), the total of the amounts allocated for the State and District of Columbia under subparagraph (B) in accordance with paragraph (6).
"(ii) MINIMUM PAYMENT REQUIREMENT. —
"(I) IN GENERAL. — The sum of —
"(aa) the total amounts allocated for 1 of the 50 States or the District of Columbia under subparagraph (B) (as determined without regard to this clause); and
"(bb) the amounts allocated under section 603 to the State (for distribution by the State to nonentitlement units of local government in the State) and to metropolitan cities and counties in the State;
shall not be less than the amount allocated to the State or District of Columbia for fiscal year 2020 under section 601, including any amount paid directly to a unit of local government in the State under such section.
"(II) PRO RATA ADJUSTMENT. — The Secretary shall adjust on a pro rata basis the amount of the allocations for each of the 50 States and the District of Columbia determined under subparagraph (B)(iii) (without regard to this clause) to the extent necessary to comply with the requirement of subclause (I).
"(4) 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 allocated to States, territories, and Tribal governments in accordance with the requirements specified in each such paragraph (as applicable).
"(5) POPULATION DATA. — For purposes of determining allocations for a territory under this section, the population of the territory shall be determined based on the most recent data available from the Bureau of the Census.
"(6) TIMING. —
"(A) STATES AND TERRITORIES. —
"(i) IN GENERAL. — To the extent practicable, subject to clause (ii), with respect to each State and territory allocated a payment under this subsection, the Secretary shall make the payment required for the State or territory not later than 60 days after the date on which the certification required under subsection (d)(1) is provided to the Secretary.
"(ii) AUTHORITY TO SPLIT PAYMENT. —
"(I) IN GENERAL. — The Secretary shall have the authority to withhold payment of up to 50 percent of the amount allocated to each State and territory (other than payment of the amount allocated under paragraph (3)(B)(ii) to the District of Columbia) for a period of up to 12 months from the date on which the State or territory provides the certification required under subsection (d)(1). The Secretary shall exercise such authority with respect to a State or territory based on the unemployment rate in the State or territory as of such date.
"(II) PAYMENT OF WITHHELD AMOUNT. — Before paying to a State or territory the remainder of an amount allocated to the State or territory (subject to subclause (III)) that has been withheld by the Secretary under subclause (I), the Secretary shall require the State or territory to submit a second certification under subsection (d)(1), in addition to such other information as the Secretary may require.
"(III) RECOVERY OF AMOUNTS SUBJECT TO RECOUPMENT. — If a State or territory is required under subsection (e) to repay funds for failing to comply with subsection (c), the Secretary may reduce the amount otherwise payable to the State or territory under subclause (II) by the amount that the State or territory would otherwise be required to repay under such subsection (e).
"(B) TRIBAL GOVERNMENTS. — To the extent practicable, with respect to each Tribal government for which an amount is allocated under this subsection, the Secretary shall make the payment required for the Tribal government not later than 60 days after the date of enactment of this section.
"(C) INITIAL PAYMENT TO DISTRICT OF COLUMBIA. — The Secretary shall pay the amount allocated under paragraph (3)(B)(ii) to the District of Columbia not later than 15 days after the date of enactment of this section.
"(c) REQUIREMENTS. —
"(1) USE OF FUNDS. — Subject to paragraph (2), and except as provided in paragraph (3), a State, territory, or Tribal government shall only use the funds provided under a payment made under this section, or transferred pursuant to section 603(c)(4), to cover costs incurred by the State, territory, or Tribal government, by December 31, 2024 —
"(A) to respond to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19) or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and hospitality;
"(B) to respond to workers performing essential work during the COVID-19 public health emergency by providing premium pay to eligible workers of the State, territory, or Tribal government that are performing such essential work, or by providing grants to eligible employers that have eligible workers who perform essential work;
"(C) for the provision of government services to the extent of the reduction in revenue of such State, territory, or Tribal government due to the COVID-19 public health emergency relative to revenues collected in the most recent full fiscal year of the State, territory, or Tribal government prior to the emergency; or
"(D) to make necessary investments in water, sewer, or broadband infrastructure.
"(2) FURTHER RESTRICTION ON USE OF FUNDS. —
"(A) IN GENERAL. — A State or territory shall not use the funds provided under this section or transferred pursuant to section 603(c)(4) to either directly or indirectly offset a reduction in the net tax revenue of such State or territory resulting from a change in law, regulation, or administrative interpretation during the covered period that reduces any tax (by providing for a reduction in a rate, a rebate, a deduction, a credit, or otherwise) or delays the imposition of any tax or tax increase.
"(B) PENSION FUNDS. — No State or territory may use funds made available under this section for deposit into any pension fund.
"(3) TRANSFER AUTHORITY. — A State, territory, or Tribal government receiving a payment from funds made available under this section may transfer funds to a private nonprofit organization (as that term is defined in paragraph (17) of section 401 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360(17)), a Tribal organization (as that term is defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)), a public benefit corporation involved in the transportation of passengers or cargo, or a special-purpose unit of State or local government.
"(d) CERTIFICATIONS AND REPORTS. —
"(1) IN GENERAL. — In order for a State or territory to receive a payment under this section, or a transfer of funds under section 603(c)(4), the State or territory shall provide the Secretary with a certification, signed by an authorized officer of such State or territory, that such State or territory requires the payment or transfer to carry out the activities specified in subsection (c) of this section and will use any payment under this section, or transfer of funds under section 603(c)(4), in compliance with subsection (c) of this section.
"(2) REPORTING. — Any State, territory, or Tribal government receiving a payment under this section shall provide to the Secretary periodic reports providing a detailed accounting of —
"(A) the uses of funds by such State, territory, or Tribal government, including, in the case of a State or a territory, all modifications to the State's or territory's tax revenue sources during the covered period; and
"(B) such other information as the Secretary may require for the administration of this section.
"(e) RECOUPMENT. — Any State, territory, or Tribal government that has failed to comply with subsection (c) shall be required to repay to the Secretary an amount equal to the amount of funds used in violation of such subsection, provided that, in the case of a violation of subsection (c)(2)(A), the amount the State or territory shall be required to repay shall be lesser of —
"(1) the amount of the applicable reduction to net tax revenue attributable to such violation; and
"(2) the amount of funds received by such State or territory pursuant to a payment made under this section or a transfer made under section 603(c)(4).
"(f) REGULATIONS. — The Secretary shall have the authority to issue such regulations as may be necessary or appropriate to carry out this section.
"(g) DEFINITIONS. — In this section:
"(1) COVERED PERIOD. — The term 'covered period' means, with respect to a State, territory, or Tribal government, the period that —
"(A) begins on March 3, 2021; and
"(B) ends on the last day of the fiscal year of such State, territory, or Tribal government in which all funds received by the State, territory, or Tribal government from a payment made under this section or a transfer made under section 603(c)(4) have been expended or returned to, or recovered by, the Secretary.
"(2) ELIGIBLE WORKERS. — The term 'eligible workers' means those workers needed to maintain continuity of operations of essential critical infrastructure sectors and additional sectors as each Governor of a State or territory, or each Tribal government, may designate as critical to protect the health and wellbeing of the residents of their State, territory, or Tribal government.
"(3) PREMIUM PAY. — The term 'premium pay' means an amount of up to $13 per hour that is paid to an eligible worker, in addition to wages or remuneration the eligible worker otherwise receives, for all work performed by the eligible worker during the COVID-19 public health emergency. Such amount may not exceed $25,000 with respect to any single eligible worker.
"(4) SECRETARY. — The term 'Secretary' means the Secretary of the Treasury.
"(5) STATE. — The term 'State' means each of the 50 States and the District of Columbia.
"(6) TERRITORY. — The term 'territory' means the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa.
"(7) TRIBAL GOVERNMENT. — The term 'Tribal Government' means the recognized governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, 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).
"SEC. 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 through December 31, 2024, for making payments under this section to metropolitan cities, nonentitlement units of local government, and counties to mitigate the fiscal effects 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, in accordance with paragraph (7), pay to each metropolitan city an amount determined for the metropolitan city consistent with the formula under section 106(b) of the Housing and Community Development Act of 1974 (42 U.S.C. 5306(b)), except that, in applying such formula, the Secretary shall substitute 'all metropolitan cities' for 'all metropolitan areas' each place it appears.
"(2) NONENTITLEMENT UNITS OF LOCAL GOVERNMENT. —
"(A) IN GENERAL. — Of the amount appropriated under subsection (a), the Secretary shall reserve $19,530,000,000 to make payments to States for distribution by the State to nonentitlement units of local government in the State.
"(B) ALLOCATION AND PAYMENT. — From the amount reserved under subparagraph (A), the Secretary shall allocate and, in accordance with paragraph (7), pay to each State an amount which bears the same proportion to such reserved amount as the total population of all areas that are non-metropolitan cities in the State bears to the total population of all areas that are non-metropolitan cities in all such States.
"(C) DISTRIBUTION TO NONENTITLEMENT UNITS OF LOCAL GOVERNMENT. —
"(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, an authorized officer of the State may request an additional extension of the distribution period of not more than 30 days. The Secretary may grant a request for an additional 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 determines that such plan is reasonably designed to distribute all such funds to nonentitlement units of local government by the end of the distribution period (as so extended).
"(bb) FURTHER ADDITIONAL EXTENSIONS. — If a State granted an additional extension of the distribution period under item (aa) requires any further additional extensions of such period, the request only may be made and granted subject to the requirements 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) RETURN 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 returned to the Secretary.
"(D) PENALTY FOR NONCOMPLIANCE. — If, by the end of the 120-day period that begins on the date a State receives a payment from the amount allocated under subparagraph (B) or, if later, the last day of the distribution period for the State (as extended with respect to the State under subparagraph (C)(ii)), such State has failed to make all the distributions from such payment in accordance with the terms of subparagraph (C) (including any extensions of the distribution period granted in accordance with such subparagraph), an amount equal to the amount of such payment that remains undistributed as of such date shall be booked as a debt of such State owed to the Federal Government, shall be paid back from the State's allocation provided under section 602(b)(3)(B)(iii), and shall be deposited into the general fund of the Treasury.
"(3) COUNTIES. —
"(A) AMOUNT. — From the amount appropriated under subsection (a), the Secretary shall reserve and allocate $65,100,000,000 of such amount to make payments directly to counties in an amount which bears the same proportion to the total amount reserved under this paragraph as the population of each such county bears to the total population of all such entities and shall pay such allocated amounts to such counties in accordance with paragraph (7).
"(B) SPECIAL RULES. —
"(i) URBAN COUNTIES. — No county that is an 'urban county' (as defined in section 102 of the Housing and Community Development Act of 1974 (42 U.S.C. 5302)) shall receive less than the amount the county would otherwise receive if the amount paid under this 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 each unit of general local government within such county in an amount that bears the same proportion to the amount to be paid to such county as the population of such units of general local government bears to the total population of such county.
"(iii) DISTRICT OF COLUMBIA. — For purposes of this paragraph, the District of Columbia shall be considered to consist of a single county that is a unit of general local government.
"(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. —
"(A) FIRST TRANCHE AMOUNT. — To the extent practicable, with respect to each metropolitan city for which an amount is allocated under paragraph (1), each State for which an amount is allocated under paragraph (2) for distribution to nonentitlement units of local government, and each county for which an amount is allocated under paragraph (3), the Secretary shall pay from such allocation the First Tranche Amount for such city, State, or county not later than 60 days after the date of enactment of this section.
"(B) SECOND TRANCHE AMOUNT. — The Secretary shall pay to each metropolitan city for which an amount is allocated under paragraph (1), each State for which an amount is allocated under paragraph (2) for distribution to nonentitlement units of local government, and each county for which an amount is allocated under paragraph (3), the Second Tranche Amount for such city, State, or county not earlier than 12 months after the date on which the First Tranche Amount is paid to the city, State, or county.
"(c) REQUIREMENTS. —
"(1) USE OF FUNDS. — Subject to paragraph (2), and except as provided in paragraphs (3) and (4), a metropolitan city, nonentitlement unit of local government, or county shall only use the funds provided under a payment made under this section to cover costs incurred by the metropolitan city, nonentitlement unit of local government, or county, by December 31, 2024 —
"(A) to respond to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19) or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and hospitality;
"(B) to respond to workers performing essential work during the COVID-19 public health emergency by providing premium pay to eligible workers of the metropolitan city, nonentitlement unit of local government, or county that are performing such essential work, or by providing grants to eligible employers that have eligible workers who perform essential work;
"(C) for the provision of government services to the extent of the reduction in revenue of such metropolitan city, nonentitlement unit of local government, or county due to the COVID-19 public health emergency relative to revenues collected in the most recent full fiscal year of the metropolitan city, nonentitlement unit of local government, or county prior to the emergency; or
"(D) to make necessary investments in water, sewer, or broadband infrastructure.
"(2) PENSION FUNDS. — No metropolitan city, nonentitlement unit of local government, or county may use funds made available under this section for deposit into any pension fund.
"(3) 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, or a special-purpose unit of State or local government.
"(4) TRANSFERS TO STATES. — Notwithstanding paragraph (1), a metropolitan city, nonentitlement unit of local government, or county receiving a payment from funds made available under this section may transfer such funds to the State in which such entity is located.
"(d) REPORTING. — Any metropolitan city, nonentitlement unit of local government, or county receiving funds provided under a payment made under this section shall provide to the Secretary periodic reports providing a detailed accounting of the uses of such funds by such metropolitan city, nonentitlement unit of local government, or county and including such other information as the Secretary may require for the administration of this section.
"(e) RECOUPMENT. — Any metropolitan city, nonentitlement unit of local government, or county that has failed to comply with subsection (c) shall be required to repay to the Secretary an amount equal to the amount of funds used in violation of such subsection.
"(f) REGULATIONS. — The Secretary shall have the authority to issue such regulations as may be necessary or appropriate to carry out this section.
"(g) DEFINITIONS. — In this section:
"(1) COUNTY. — The term 'county' means a county, parish, or other equivalent county division (as defined by the Bureau of the Census).
"(2) ELIGIBLE WORKERS. — The term 'eligible workers' means those workers needed to maintain continuity of operations of essential critical infrastructure sectors and additional sectors as each chief executive officer of a metropolitan city, nonentitlement unit of local government, or county may designate as critical to protect the health and well-being of the residents of their metropolitan city, nonentitlement unit of local government, or county.
"(3) FIRST TRANCHE AMOUNT. — The term 'First Tranche Amount' means, with respect to each metropolitan city for which an amount is allocated under subsection (b)(1), each State for which an amount is allocated under subsection (b)(2) for distribution to nonentitlement units of local government, and each county for which an amount is allocated under subsection (b)(3), 50 percent of the amount so allocated to such metropolitan city, State, or county (as applicable).
"(4) METROPOLITAN CITY. — The term 'metropolitan city' has the meaning given that term in section 102(a)(4) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302(a)(4)) and includes cities that relinquish or defer their status as a metropolitan city for purposes of receiving allocations under section 106 of such Act (42 U.S.C. 5306) for fiscal year 2021.
"(5) NONENTITLEMENT UNIT OF LOCAL GOVERNMENT. — The term 'nonentitlement unit of local government' means a 'city', as that term is defined in section 102(a)(5) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302(a)(5))), that is not a metropolitan city.
"(6) PREMIUM PAY. — The term 'premium pay' has the meaning given such term in section 602(g).
"(7) SECOND TRANCHE AMOUNT. — The term 'Second Tranche Amount' means, with respect to each metropolitan city for which an amount is allocated under subsection (b)(1), each State for which an amount is allocated under subsection (b)(2) for distribution to nonentitlement units of local government, and each county for which an amount is allocated under subsection (b)(3), an amount not to exceed 50 percent of the amount so allocated to such metropolitan city, State, or county (as applicable).
"(8) SECRETARY. — The term 'Secretary' means the Secretary of the Treasury.
"(9) STATE. — The term 'State' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa.
"(10) UNIT OF GENERAL LOCAL GOVERNMENT. — The term 'unit of general local government' has the meaning given that term in section 102(a)(1) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302(a)(1)).
"SEC. 604. CORONAVIRUS CAPITAL PROJECTS FUND.
"(a) APPROPRIATION. — In addition to amounts otherwise 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 expended, for making payments to States, territories, and Tribal governments to carry out critical capital projects directly enabling work, education, and health monitoring, including remote options, in response to the public health emergency with respect to the Coronavirus Disease (COVID-19).
"(b) PAYMENTS. —
"(1) MINIMUM AMOUNTS. — From the amount appropriated under subsection (a) —
"(A) the Secretary shall pay $100,000,000 to each State;
"(B) the Secretary shall pay $100,000,000 of such amount in equal shares to the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau; and
"(C) the Secretary shall pay $100,000,000 of such amount in equal shares to Tribal governments and the State of Hawaii (in addition to the amount paid to the State of Hawaii under subparagraph (A)), of which —
"(i) not less than $50,000 shall be paid to each Tribal government; and
"(ii) not less than $50,000, and not more than $200,000, shall be paid to the State of Hawaii for the exclusive use of the Department of Hawaiian Home Lands and the Native Hawaiian Education Programs to assist Native Hawaiians in accordance with this section.
"(2) REMAINING AMOUNTS. —
"(A) IN GENERAL. — From the amount of the appropriation under subsection (a) that remains after the application of paragraph (1), the Secretary shall make payments to States based on population such that —
"(i) 50 percent of such amount shall be allocated among the States based on the proportion that the population of each State bears to the population of all States;
"(ii) 25 percent of such amount shall be allocated among the States based on the proportion that the number of individuals living in rural areas in each State bears to the number of individuals living in rural areas in all States; and
"(iii) 25 percent of such amount shall be allocated among the States based on the proportion that the number of individuals with a household income that is below 150 percent of the poverty line applicable to a family of the size involved in each State bears to the number of such individuals in all States.
"(B) DATA. — In determining the allocations to be made to each State under subparagraph (A), the Secretary of the Treasury shall use the most recent data available from the Bureau of the Census.
"(c) TIMING. — The Secretary shall establish a process of applying for grants to access funding made available under section (b) not later than 60 days after enactment of this section.
"(d) DEFINITIONS. — In this section:
"(1) SECRETARY. — The term 'Secretary' means the Secretary of the Treasury.
"(2) STATE. — The term 'State' means each of the 50 States, the District of Columbia, and Puerto Rico.
"(3) TRIBAL GOVERNMENT. — The term 'Tribal government' has the meaning given such term in section 602(g).
"SEC. 605. LOCAL ASSISTANCE AND TRIBAL CONSISTENCY FUND.
"(a) APPROPRIATION. — In addition to amounts otherwise available, there is appropriated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $2,000,000,000 to remain available until September 30, 2023, with amounts to be obligated for each of fiscal years 2022 and 2023 in accordance with subsection (b), for making payments under this section to eligible revenue sharing counties and eligible Tribal governments.
"(b) AUTHORITY TO MAKE PAYMENTS. —
"(1) PAYMENTS TO ELIGIBLE REVENUE SHARING COUNTIES. — For each of fiscal years 2022 and 2023, the Secretary shall reserve $750,000,000 of the total amount appropriated under subsection (a) to allocate and pay to each eligible revenue sharing county in amounts that are determined by the Secretary taking into account economic conditions of each eligible revenue sharing county, using measurements of poverty rates, household income, land values, and unemployment rates as well as other economic indicators, over the 20-year period ending with September 30, 2021.
"(2) PAYMENTS TO ELIGIBLE TRIBAL GOVERNMENTS. — For each of fiscal years 2022 and 2023, the Secretary shall reserve $250,000,000 of the total amount appropriated under subsection (a) to allocate and pay to eligible Tribal governments in amounts that are determined by the Secretary taking into account economic conditions of each eligible Tribe.
"(c) USE OF PAYMENTS. — An eligible revenue sharing county or an eligible Tribal government may use funds provided under a payment made under this section for any governmental purpose other than a lobbying activity.
"(d) REPORTING REQUIREMENT. — Any eligible revenue sharing county receiving a payment under this section shall provide to the Secretary periodic reports providing a detailed accounting of the uses of fund by such eligible revenue sharing county and such other information as the Secretary may require for the administration of this section.
"(e) RECOUPMENT. — Any eligible revenue sharing county that has failed to submit a report required under subsection (d) or failed to comply with subsection (c), shall be required to repay to the Secretary an amount equal to —
"(1) in the case of a failure to comply with subsection (c), the amount of funds used in violation of such subsection; and
"(2) in the case of a failure to submit a report required under subsection (d), such amount as the Secretary determines appropriate, but not to exceed 5 percent of the amount paid to the eligible revenue sharing county under this section for all fiscal years.
"(f) DEFINITIONS. — In this section:
"(1) ELIGIBLE REVENUE SHARING COUNTY. — The term 'eligible revenue sharing county' means —
"(A) a county, parish, or borough —
"(i) that is independent of any other unit of local government; and
"(ii) that, as determined by the Secretary, is the principal provider of government services for the area within its jurisdiction; and
"(iii) for which, as determined by the Secretary, there is a negative revenue impact due to implementation of a Federal program or changes to such program; and
"(B) the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the United States Virgin Islands.
"(2) ELIGIBLE TRIBAL GOVERNMENT. — The term 'eligible Tribal government' means the recognized governing body of an eligible Tribe.
"(3) ELIGIBLE TRIBE. — The term 'eligible Tribe' means any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of the date of enactment of this section pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).
"(4) SECRETARY. — The term 'Secretary' means the Secretary of the Treasury.".
(b) CONFORMING AMENDMENT. — The heading for title VI of the Social Security Act (42 U.S.C. 801 et seq.) is amneded by striking "FUND" and inserting ", FISCAL RECOVERY, AND CRITICAL CAPITAL PROJECTS FUNDS".
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