[Congressional Record Volume 167, Number 21 (Thursday, February 4, 2021)]
[Senate]
[Pages S476-S486]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTION

      By Mr. THUNE (for himself and Mrs. Shaheen):
  S. 218. A bill to approve certain advanced biofuel registrations, to 
require the consideration of certain advanced biofuel pathways, and to 
reduce greenhouse gas emissions, and for other purposes; to the 
Committee on Environment and Public Works.
  Mr. THUNE. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 218

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. APPROVAL OF ADVANCED BIOFUEL REGISTRATIONS.

       (a) Definitions.--In this section:
       (1) Application.--The term ``application'' means an 
     application for registration under section 80.1450 of title 
     40, Code of Federal Regulations (as in effect on February 4, 
     2021)--
       (A) that was submitted for approval before February 4, 
     2021;
       (B) for which not less than 180 days have elapsed since the 
     date on which application was submitted for approval; and
       (C) that has not been denied by the Administrator of the 
     Environmental Protection Agency (referred to in this Act as 
     the ``Administrator'') before February 4, 2021.
       (2) Transportation fuel.--The term ``transportation fuel'' 
     has the meaning given the term in section 211(o)(1) of the 
     Clean Air Act (42 U.S.C. 7545(o)(1)).
       (b) Action on Applications.--
       (1) In general.--For the purposes of carrying out the 
     Renewable Fuel Program under section 211(o) of the Clean Air 
     Act (42 U.S.C. 7545(o)) (referred to in this Act as the 
     ``Renewable Fuel Program''), an application shall be 
     considered approved if not less than 1 State has approved the 
     sale of fuel produced using the processes described in the 
     application under a program designed to reduce the carbon 
     intensity of transportation fuel.
       (2) Final action on certain applications.--For the purposes 
     of carrying out the Renewable Fuel Program, in a case in 
     which no State has approved the sale of fuel produced using 
     the processes described in the application under a program 
     designed to reduce the carbon intensity of transportation 
     fuel, not later than 90 days after the date of enactment of 
     this Act, the Administrator shall take final action on the 
     application.

     SEC. 2. REQUIREMENT FOR ACTION ON PENDING ADVANCED BIOFUEL 
                   PATHWAYS.

       For purposes of carrying out the Renewable Fuel Program, 
     not later than 180 days after the date of enactment of this 
     Act, the Administrator shall take final action on a petition 
     for a renewable fuel pathway under section 80.1416 of title 
     40, Code of Federal Regulations (as in effect on February 4, 
     2021), if--
       (1) the petition was submitted for approval and deemed 
     complete in accordance with section 80.1416 of title 40, Code 
     of Federal Regulations (as in effect on February 4, 2021), 
     before February 4, 2021; and
       (2) not less than 180 days have elapsed since the date on 
     which the petition was submitted for approval and deemed 
     complete in accordance with section 80.1416 of title 40, Code 
     of Federal Regulations (as in effect on February 4, 2021).

[[Page S477]]

  


     SEC. 3. FUNDING.

       (a) In General.--Out of any funds in the Treasury not 
     otherwise appropriated, the Secretary of the Treasury shall 
     transfer to the Administrator to carry out this Act 
     $2,000,000, to remain available until expended.
       (b) Receipt and Acceptance.--The Administrator shall be 
     entitled to receive, shall accept, and shall use to carry out 
     this Act the funds transferred under subsection (a), without 
     further appropriation. 
                                 ______
                                 
      By Mr. REED:
  S. 242. A bill to provide for an extension of temporary financing of 
short-time compensation programs; to the Committee on Finance.
  Mr. REED. Mr. President, today I am introducing the Layoff Prevention 
Act. This bill would extend the financing and grant provisions for work 
sharing that I authored and worked to include in the Middle Class Tax 
Relief and Job Creation Act of 2012, and, most recently, the 
Coronavirus Aid, Relief, and Economic Security Act.
  The concept of work sharing is simple. It helps people who are 
currently employed--but in danger of being laid off--to keep their 
jobs. By giving struggling companies the flexibility to reduce hours 
instead of their workforce, work sharing programs prevent layoffs and 
help employers save money on rehiring costs. Employees who participate 
in work sharing keep their jobs and receive a portion of Unemployment 
Insurance benefits to make up for lost wages. This prevents layoffs, 
saves employers rehiring costs, and costs states only a fraction of 
what it would if workers went on unemployment full-time.
  Financing for work sharing programs was included in the CARES Act and 
extended through March 14, 2021 in the most recent COVID-19 relief 
legislation enacted in December. The legislation I am introducing today 
would build upon what is currently in law, by enacting a five-year 
extension of financing for permanent work sharing programs, and a two-
year extension for temporary programs. This revised Layoff Prevention 
Act will also double funding to support states that are implementing 
work sharing programs, from $100 million, as provided in the CARES Act, 
to $200 million.
  I urge my colleagues to join me in supporting passage of this bill--
which will continue to spur our recovery from the pandemic--by keeping 
American workers on the job, saving taxpayers money, and providing 
employers with a practical and cost-effective alternative to layoffs.
                                 ______
                                 
      By Mr. REED:
  S. 252. A bill to amend the VI of the Social Security Act to provide 
additional funding for States, Tribal governments, and local 
communities due to the Coronavirus Disease 2019 (COVID-19) public 
health emergency, and for other purposes; to the Committee on Finance
  Mr. REED. Mr. President, in order to build on a key provision I 
authored in the CARES Act, which provided states with $150 billion in 
Coronavirus Relief Funds, I am reintroducing the State and Local 
Emergency Stabilization Fund Act to help state and local governments 
shoulder the costs of the coronavirus and its devastating impact on 
lives, livelihoods, and the economy.
  The State and Local Emergency Stabilization Fund Act has three 
critical components: authorizing new funding, assuring flexibility in 
spending the funds, and extending the time period for which the funding 
can be spent.
  Specifically, the bill would provide State and local governments an 
additional $600 billion in funding, includes a protective $5 billion 
small state minimum, treats the District of Columbia and the 
Commonwealth of Puerto Rico as States, and reserves funds for 
territories and Tribes. In addition, $59 billion would be allocated to 
States based on their relative coronavirus infection rates, and $205 
billion would be reserved exclusively for local governments. The bill 
makes it crystal clear that Coronavirus Relief Funds are flexible and 
may be used to maintain state and local services. And it gives State 
and local governments until June 30, 2022 to spend the money in order 
to ensure funding can be equitably allocated and disbursed to help 
communities combat COVID-19 and recover.
  According to a November 29, 2020 Wall Street Journal article, ``State 
and local government spending on public services fell at a seasonally 
adjusted annual rate of 3.7% in the third quarter from the second, 
according to the Commerce Department. That followed a 6% decline in the 
second quarter, the sharpest since 1952. By October, the sector had 
roughly 1.2 million fewer jobs than a year earlier. It could take four 
to eight years for the national economy to recover from the pandemic, 
estimates Dan White, director of fiscal-policy research at Moody's 
Analytics. State and local governments could take up to 10 or 15 years, 
he said.''
  Mr. President, we should all let that sink in. ``State and local 
government could take up to 10 or 15 years'' to recover from the 
pandemic. The scale and pace of this public health emergency and its 
impact on our economy requires each of us to swiftly set aside ideology 
and work urgently to address these generational challenges head on with 
additional fiscal relief. We all have a common interest in ensuring 
that state and local governments can continue to provide health care, 
education, public safety, and other vital services, just when they are 
needed most. Any economic recovery needs reliable state and local 
governments that provide the business certainty that make our country 
attractive to businesses and investors throughout the world.
  Nobody is immune from this crisis. Congress should come together, do 
the right thing, and provide states the resources they need to save 
lives and livelihoods and get the economy working again. I urge each of 
my colleagues to join me in working to enact this legislation so that 
we can get more critical federal resources to our states and local 
governments who are on the front lines of battling this public health 
and economic emergency.
                                 ______
                                 
      By Mrs. FEINSTEIN (for herself, Mr. Grassley, Mr. Schatz, Mr. 
        Durbin, Ms. Klobuchar, Mr. Tillis, Mr. Kaine,, Ms. Ernst, Mr. 
        Tester, and Ms. Murkowski):
  S. 253. A bill to expand research on the cannabidiol and marihuana; 
to the Committee on the Judiciary
  Mrs. FEINSTEIN. Mr. President, I rise today to introduce the 
Cannabidiol and Marijuana Research Expansion Act with my colleagues. 
This bill is identical to our bill which was unanimously passed by the 
Senate during the last session of Congress.
  While anecdotal evidence suggests that marijuana and its derivatives, 
like cannabidiol, commonly known as CBD, may be helpful in treating 
serious medical conditions, anecdotes alone cannot be the basis for 
developing new medications. Rather, medication development must be 
based on science.
  That is why our bill seeks to streamline the process associated with 
researching marijuana that may have unintentionally stymied important 
research. It does so by requiring the Drug Enforcement Administration 
(DEA) to quickly approve or deny applications to research CBD or 
marijuana and by establishing a process through which applicants may 
submit supplemental information, if necessary. It also improves 
regulations related to changes to approved quantities of marijuana 
needed for research and approved research protocols.
  In addition, the CBD and Marijuana Research Expansion Act seeks to 
increase medical research and reduce reliance on a single source of 
marijuana or CBD for research purposes. It authorizes medical and 
osteopathic schools, research universities, practitioners and 
pharmaceutical companies to produce the marijuana they need for 
approved medical research that can then be used to develop proven, 
effective medicines. Upon FDA approval of these medications, 
pharmaceutical companies are permitted to manufacture and distribute 
them.
  Our bill also facilitates better communication between doctors and 
patients.
  It is my understanding that some doctors and patients are hesitant to 
have frank conversations regarding the use or marijuana, CBD, or other 
marijuana derivatives because of marijuana's status as a schedule I 
drug. This can adversely impact patient care, especially if patients 
are using marijuana or its derivatives without their doctor's 
knowledge. That is why our bill specifically authorizes doctors to

[[Page S478]]

discuss the potential harms and benefits of using such products with 
their patients.
  Finally, to broaden our understanding of marijuana and CBD even 
further, our bill directs the Secretary of Health and Human Services to 
expand and coordinate research to determine the potential medical 
benefits of CBD or other marijuana-derived medications on serious 
medical conditions.
  I have heard from many parents and adults who have turned to CBD and 
marijuana as a last resort to treat medical conditions. In many cases, 
these individuals have seen positive results.
  Despite this, however, many are also concerned about the lack of 
science-based information related to proper delivery mechanisms, 
dosing, or potential interactions that CBD or marijuana may have with 
other medications. Some also worry because these products aren't well 
regulated or factory sealed, and often are labeled incorrectly.
  Additional research will increase our ability to adequately address 
these concerns. Not only are patients asking for additional research, 
but so too is the medical community. In fact, the need for additional 
research, along with the need to increase the supply of CBD and 
marijuana for research purposes was underscored in the National Academy 
of Sciences report, titled ``The Health Effects of Cannabis and 
Cannabinoids: The Current State of Evidence and Recommendations for 
Research.''
  If the science shows that marijuana and its derivatives, including 
CBD can effectively treat serious medical illnesses, we should enable 
products containing these substances to be brought to the market with 
FDA approval. But in order to make this determination, we must reduce 
the barriers that currently impede important research. I hope my fellow 
Senators will join me in supporting this important piece of legislation 
again, and I look forward to working with my House colleagues to ensure 
it is enacted.
  Thank you, Mr. President. I yield the floor.
                                 ______
                                 
      By Mr. REED (for himself, Mr. Brown, Mr. Leahy, Mr. Menendez, Ms. 
        Warren, Mr. Van Hollen, Ms. Cortez Masto, Ms. Sinema, Mrs. 
        Murray, Mr. Wyden, Mr. Durbin, Mr. Carper, Mr. Sanders, Mr. 
        Casey, Ms. Klobuchar, Mr. Whitehouse, Mr. Merkley, Mrs. 
        Gillibrand, Mr. Blumenthal, Ms. Baldwin, Mr. Kaine, Ms. 
        Duckworth, Mr. Cardin, Mr. Booker, Mr. Tester, Mr. Ossoff, Ms. 
        Smith, Mrs. Shaheen, Ms. Hirono, Mr. Schatz, and Mr. Warner):
  S. 254. A bill to establish a Homeowner Assistance Fund at the 
Department of the Treasury; to the Committee on Banking, Housing, and 
Urban Affairs.
  Mr. REED. Mr. President, along with Senators Brown, Leahy and many or 
my colleagues, I am reintroducing legislation that would create a $75 
biilion Homeowner Assistance Fund that builds on the success of the 
Hardest Hit Fund at the Treasury Department that I championed in 2010.
  The Hardest Hit Fund provided funds to 18 state-level Housing Finance 
Agencies, directing targeted foreclosure prevention assistance to 
households and neighborhoods in states like Rhode Island hit hard by 
the economic and housing market downturn.
  The Homeowner Assistance Fund expands this model to provide a 
flexible source of Federal aid to all State-level Housing Finance 
Agencies. This Federal funding could then be used to help struggling 
households remain in their homes while they search for new employment 
or wait to get back to work. Financial assistance could go towards 
preventing eviction, mortgage delinquency, default, foreclosures, or 
loss of utility services, such as water, gas, electricity, and the 
Internet as well as paying property taxes.
  One of the key lessons COVID-19 has taught us is that for many 
families, their homes may be the single most effective and accessible 
form of personal protective equipment. The last thing we should be 
doing is making housing less stable at the worst possible time. 
According to a January 2021 National Bureau of Economic Research 
working paper, ``policies that limit evictions are found to reduce 
COVID-19 infections by 3.8% and reduce deaths by 11%. Moratoria on 
utility disconnections reduce COVID-19 infections by 4.4% and mortality 
rates by 7.4%. Had such policies been in place across all counties 
(i.e., adopted as Federal policy) from early March 2020 through the end 
of November 2020, our estimated counterfactuals show that policies that 
limit evictions could have reduced COVID-19 infections by 14.2% and 
deaths by 40.7%. For moratoria on utility disconnections, COVID-19 
infections rates could have been reduced by 8.7% and deaths by 14.8%.'' 
In short, keeping families housed saves lives, which is precisely the 
goal of our Homeowner Assistance Fund legislation.
  I thank the Independent Community Bankers of America; Credit Union 
National Association; National Association of Realtors; National Low 
Income Housing Coalition; National Council of State Housing Agencies; 
Habitat for Humanity International; National Housing Conference; 
National Community Reinvestment Coalition; National Association of 
Affordable Housing Lenders; National Leased Housing Association; 
Americans for Financial Reform; National Consumer Law Center, on behalf 
of its low-income clients; Center for Responsible Lending; American 
Public Gas Association; National Rural Electric Cooperative 
Association; National Energy Assistance Directors' Association, Council 
of State Community Development Agencies, Rhode Island Housing; and the 
Rhode Island Association of Realtors.
  I urge all of my colleagues to join in pressing for inclusion of the 
Homeowner Assistance Fund in our continued response to the coronavirus 
pandemic.
                                 ______
                                 
      By Mr. DURBIN (for himself, Ms. Cortez Masto, Mrs. Shaheen, Mr. 
        Merkley, Mr. Bennet, Ms. Duckworth, Mr. Blumenthal, Mr. 
        Menendez, Mr. Reed, Mr. Brown, Ms. Rosen, Ms. Smith, and Ms. 
        Klobuchar):
  S. 263. A bill to preserve health benefits for workers; to the 
Committee on Finance.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 263

       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 ``Worker Health Coverage 
     Protection Act''.

     SEC. 2. PRESERVING HEALTH BENEFITS FOR WORKERS.

       (a) Premium Assistance for COBRA Continuation Coverage and 
     Furloughed Continuation Coverage for Individuals and Their 
     Families.--
       (1) Provision of premium assistance.--
       (A) Reduction of premiums payable.--
       (i) COBRA continuation coverage.--In the case of any 
     premium for a period of coverage during the period beginning 
     on March 1, 2020, and ending on September 30, 2021 for COBRA 
     continuation coverage with respect to any assistance eligible 
     individual described in paragraph (3)(A), such individual 
     shall be treated for purposes of any COBRA continuation 
     provision as having paid the amount of such premium if such 
     individual pays (and any person other than such individual's 
     employer pays on behalf of such individual) 0 percent of the 
     amount of such premium owed by such individual (as determined 
     without regard to this subsection).
       (ii) Furloughed continuation coverage.--In the case of any 
     premium for a period of coverage during the period beginning 
     on March 1, 2020, and ending on September 30, 2021, for 
     coverage under a group health plan with respect to any 
     assistance eligible individual described in paragraph (3)(B), 
     such individual shall be treated for purposes of coverage 
     under the plan offered by the plan sponsor in which the 
     individual is enrolled as having paid the amount of such 
     premium if such individual pays (and any person other than 
     such individual's employer pays on behalf of such individual) 
     0 percent of the amount of such premium owed by such 
     individual (as determined without regard to this subsection).
       (B) Plan enrollment option.--
       (i) In general.--Notwithstanding the COBRA continuation 
     provisions, any assistance eligible individual who is 
     enrolled in a group health plan offered by a plan sponsor, 
     not later than 90 days after the date of notice of the plan 
     enrollment option described in this subparagraph, may 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--

[[Page S479]]

       (I) in the case of any assistance eligible individual 
     described in paragraph (3)(A), the qualifying event specified 
     in section 603(2) of the Employee Retirement Income Security 
     Act of 1974 (29 U.S.C. 1163(2)), section 4980B(f)(3)(B) of 
     the Internal Revenue Code of 1986, section 2203(2) of the 
     Public Health Service Act (42 U.S.C. 300bb-3(2)), or section 
     8905a of title 5, United States Code (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; or
       (II) in the case of any assistance eligible individual 
     described in paragraph (3)(B), the furlough period began with 
     respect to such individual.

       (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 or 
     immediately before such furlough began;
       (III) the different coverage in which the individual elects 
     to enroll is coverage that is also offered to the active 
     employees of the employer, who are not in a furlough period, 
     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 dental, vision, 
     counseling, or referral services (or a combination of such 
     services);
       (bb) a qualified small employer health reimbursement 
     arrangement (as defined in section 9831(d)(2) of the Internal 
     Revenue Code of 1986);
       (cc) a flexible spending arrangement (as defined in section 
     106(c)(2) of the Internal Revenue Code of 1986); or
       (dd) benefits that provide coverage for services or 
     treatments furnished in an on-site medical facility 
     maintained by the employer and that consists primarily of 
     first-aid services, prevention and wellness care, or similar 
     care (or a combination of such care).
       (C) Premium reimbursement.--For provisions providing the 
     payment of such premium, see section 6432 of the Internal 
     Revenue Code of 1986, as added by paragraph (14).
       (2) Limitation of period of premium assistance.--
       (A) Eligibility for additional coverage.--Paragraph (1)(A) 
     shall not apply with respect to--
       (i) any assistance eligible individual described in 
     paragraph (3)(A) 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 dental, vision, counseling, or 
     referral services (or a combination thereof), coverage under 
     a flexible spending arrangement (as defined in section 
     106(c)(2) of the Internal Revenue Code of 1986), coverage of 
     treatment that is furnished in an on-site medical facility 
     maintained by the employer and that consists primarily of 
     first-aid services, prevention and wellness care, or similar 
     care (or a combination thereof)), or eligible for benefits 
     under the Medicare program under title XVIII of the Social 
     Security Act (42 U.S.C. 1395 et seq.); or
       (II) the earlier of--

       (aa) the date following the expiration of the maximum 
     period of continuation coverage required under the applicable 
     COBRA continuation coverage provision; or
       (bb) the date following the expiration of the period of 
     continuation coverage allowed under paragraph (4)(B)(ii); or
       (ii) any assistance eligible individual described in 
     paragraph (3)(B) 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 dental, vision, counseling, or 
     referral services (or a combination thereof), coverage under 
     a flexible spending arrangement (as defined in section 
     106(c)(2) of the Internal Revenue Code of 1986), coverage of 
     treatment that is furnished in an on-site medical facility 
     maintained by the employer and that consists primarily of 
     first-aid services, prevention and wellness care, or similar 
     care (or a combination thereof)), or eligible for benefits 
     under the Medicare program under title XVIII of the Social 
     Security Act (42 U.S.C. 1395 et seq.); or
       (II) the first date that such individual is no longer in 
     the furlough period.

       (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)(I) or (ii)(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.
       (C) Special enrollment period following expiration of 
     premium assistance.--Notwithstanding section 1311 of the 
     Patient Protection and Affordable Care Act (42 U.S.C. 18031), 
     the expiration of premium assistance pursuant to a limitation 
     specified under subparagraph (A) shall be treated as a 
     qualifying event for which any assistance eligible individual 
     is eligible to enroll in a qualified health plan offered 
     through an Exchange under title I of such Act (42 U.S.C. 
     18001 et seq.) during a special enrollment period.
       (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 March 1, 2020, and ending on September 30, 
     2021--
       (A) any individual that is a qualified beneficiary that--
       (i) 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 (29 U.S.C. 
     1163(2)), section 4980B(f)(3)(B) of the Internal Revenue Code 
     of 1986, section 2203(2) of the Public Health Service Act (42 
     U.S.C.300bb-3(2)), or section 8905a of title 5, United States 
     Code (except for the voluntary termination of such 
     individual's employment by such individual); and
       (ii) elects such coverage; or
       (B) any covered employee that is in a furlough period that 
     remains eligible for coverage under a group health plan 
     offered by the employer of such covered employee.
       (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 (29 
     U.S.C. 1165(a)), section 4980B(f)(5)(A) of the Internal 
     Revenue Code of 1986, section 2205(a) of the Public Health 
     Service Act (42 U.S.C. 300bb-5(a)), and section 8905a(c)(2) 
     of title 5, United States Code, in the case of--
       (i) an individual who does not have an election of COBRA 
     continuation coverage in effect on the date of the enactment 
     of this Act but who would be an assistance eligible 
     individual described in paragraph (3)(A) if such election 
     were so in effect; or
       (ii) an individual who elected COBRA continuation coverage 
     on or after March 1, 2020, and discontinued from such 
     coverage before 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 date of 
     the enactment of this Act and ending 60 days after the date 
     on which the notification required under paragraph (7)(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 apply as if such qualified beneficiary had been 
     covered as of the date of a qualifying event specified in 
     section 603(2) of the Employee Retirement Income Security Act 
     of 1974 (29 U.S.C. 1163(2)), section 4980B(f)(3)(B) of the 
     Internal Revenue Code of 1986, section 2203(2) of the Public 
     Health Service Act (42 U.S.C. 300bb-3(2)), or section 8905a 
     of title 5, United States Code, except for the voluntary 
     termination of such beneficiary's employment by such 
     beneficiary, that occurs no earlier than March 1, 2020 
     (including the treatment of premium payments under paragraph 
     (1)(A) and any cost-sharing requirements for items and 
     services under a group health plan); and
       (ii) shall not extend beyond the period of COBRA 
     continuation coverage that would have been required under the 
     applicable COBRA continuation coverage provision if the 
     coverage had been elected as required under such provision.
       (5) Expedited review of denials of premium assistance.--In 
     any case in which an individual requests treatment as an 
     assistance eligible individual described in subparagraph (A) 
     or (B) of paragraph (3) and is denied such treatment by the 
     group health plan, the Secretary of Labor (or the Secretary 
     of Health and Human Services in connection with COBRA 
     continuation coverage which is provided other than pursuant 
     to part 6 of subtitle B of title I of the Employee Retirement 
     Income Security Act of 1974 (29 U.S.C. 1161 et seq.)), in 
     consultation with the Secretary of the Treasury, shall 
     provide for expedited review of such denial. An individual 
     shall be entitled to such review upon application to such 
     Secretary in such form and manner as shall be provided by 
     such Secretary, in consultation with the Secretary of 
     Treasury. Such Secretary shall make a determination regarding 
     such individual's eligibility within 15 business days after 
     receipt of such individual's application for review under 
     this paragraph. Either Secretary's determination upon review 
     of the denial shall be de novo and shall be the final 
     determination of such Secretary. A reviewing court shall 
     grant deference to such Secretary's determination. The 
     provisions of this paragraph, paragraphs (1) through (4), and 
     paragraphs (7) through (9) shall be treated as provisions of 
     title I of the Employee Retirement Income Security Act of 
     1974 (29 U.S.C. 1001 et seq.) for purposes of part 5 of 
     subtitle B of such title.
       (6) Disregard of subsidies for purposes of federal and 
     state programs.--Notwithstanding any other provision of law, 
     any premium assistance with respect to an assistance eligible 
     individual under this subsection shall not be considered 
     income, in-kind support, or resources for purposes of 
     determining the eligibility of the recipient (or the 
     recipient's spouse or family) for benefits or assistance, or 
     the amount or extent of benefits or assistance, or any other 
     benefit

[[Page S480]]

     provided under any Federal program or any program of a State 
     or political subdivision thereof financed in whole or in part 
     with Federal funds.
       (7) COBRA-specific notice.--
       (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, section 2206(4) of the 
     Public Health Service Act (42 U.S.C. 300bb-6(4)), or section 
     8905a(f)(2)(A) of title 5, United States Code, 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 notification to 
     the recipient a written notice 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)(A) to elect enrollment in different coverage 
     (as described in paragraph (1)(B)).

       (ii) Alternative notice.--In the case of COBRA continuation 
     coverage to which the notice provision under such sections 
     does not apply, the Secretary of Labor, in consultation with 
     the Secretary of the Treasury and the Secretary of Health and 
     Human Services, shall, in consultation with administrators of 
     the group health plans (or other entities) that provide or 
     administer the COBRA continuation coverage involved, provide 
     rules requiring the provision of such notice.
       (iii) Form.--The requirement of the additional notification 
     under this subparagraph may be met by amendment of existing 
     notice forms or by inclusion of a separate document with the 
     notice otherwise required.
       (B) Specific requirements.--Each additional notification 
     under subparagraph (A) shall include--
       (i) the forms necessary for establishing eligibility for 
     premium assistance under this subsection;
       (ii) the name, address, and telephone number necessary to 
     contact the plan administrator and any other person 
     maintaining relevant information in connection with such 
     premium assistance;
       (iii) a description of the extended election period 
     provided for in paragraph (4)(A);
       (iv) a description of the obligation of the qualified 
     beneficiary under paragraph (2)(B) and the penalty provided 
     under section 6720C of the Internal Revenue Code of 1986 for 
     failure to carry out the obligation;
       (v) a description, displayed in a prominent manner, of the 
     qualified beneficiary's right to a reduced premium and any 
     conditions on entitlement to the reduced premium;
       (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); and
       (vii) information regarding any Exchange established under 
     title I of the Patient Protection and Affordable Care Act (42 
     U.S.C. 18001 et seq.) through which a qualified beneficiary 
     may be eligible to enroll in a qualified health plan, 
     including--

       (I) the publicly accessible internet website address for 
     such Exchange;
       (II) the publicly accessible internet website address for 
     the Find Local Help directory maintained by the Department of 
     Health and Human Services on the healthcare.gov internet 
     website (or a successor website);
       (III) a clear explanation that--

       (aa) an individual who is eligible for continuation 
     coverage may also be eligible to enroll, with financial 
     assistance, in a qualified health plan offered through such 
     Exchange, but, in the case that such individual elects to 
     enroll in such continuation coverage and subsequently elects 
     to terminate such continuation coverage before the period of 
     such continuation coverage expires, such termination does not 
     initiate a special enrollment period (absent a qualifying 
     event specified in section 603(2) of the Employee Retirement 
     Income Security Act of 1974 (29 U.S.C. 1163(2)), section 
     4980B(f)(3)(B) of the Internal Revenue Code of 1986, section 
     2203(2) of the Public Health Service Act (42 U.S.C. 300bb-
     3(2)), or section 8905a of title 5, United States Code, with 
     respect to such individual); and
       (bb) an individual who elects to enroll in continuation 
     coverage will remain eligible to enroll in a qualified health 
     plan offered through such Exchange during an open enrollment 
     period and may be eligible for financial assistance with 
     respect to enrolling in such a qualified health plan;

       (IV) information on consumer protections with respect to 
     enrolling in a qualified health plan offered through such 
     Exchange, including the requirement for such a qualified 
     health plan to provide coverage for essential health benefits 
     (as defined in section 1302(b) of such Act (42 U.S.C. 
     18022(b))) and the requirements applicable to such a 
     qualified health plan under part A of title XXVII of the 
     Public Health Service Act (42 U.S.C. 300gg et seq.);
       (V) information on the availability of financial assistance 
     with respect to enrolling in a qualified health plan, 
     including the maximum income limit for eligibility for the 
     premium tax credit under section 36B of the Internal Revenue 
     Code of 1986; and
       (VI) information on any special enrollment periods during 
     which any assistance eligible individual described in 
     paragraph (3)(A)(i) may be eligible to enroll, with financial 
     assistance, in a qualified health plan offered through such 
     Exchange (including a special enrollment period for which an 
     individual may be eligible due to the expiration of premium 
     assistance pursuant to a limitation specified under paragraph 
     (2)(A)).

       (C) Notice in connection with extended election periods.--
     In the case of any assistance eligible individual described 
     in paragraph (3)(A) (or any individual described in paragraph 
     (4)(A)) who became entitled to elect COBRA continuation 
     coverage before 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 the date of 
     enactment of this Act) 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)(A)--
       (i) 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 (other than the 
     additional notification described in clause (ii)); and
       (ii) in the case of any additional notification provided 
     pursuant to subparagraph (A) under section 8905a(f)(2)(A) of 
     title 5, United States Code, the Office of Personnel 
     Management shall prescribe a model for such additional 
     notification.
       (8) Furlough-specific notice.--
       (A) In general.--With respect to any assistance eligible 
     individual described in paragraph (3)(B) who, during the 
     period described in such paragraph, becomes eligible for 
     assistance pursuant to paragraph (1)(A)(ii), 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, section 
     2206(4) of the Public Health Service Act (42 U.S.C. 300bb-
     6(4)), or section 8905a(f)(2)(A) of title 5, United States 
     Code, shall not be treated as met unless the group health 
     plan administrator, in accordance with the timing requirement 
     specified under subparagraph (B), provides to the individual 
     a written notice in clear and understandable language of--
       (i) the availability of premium assistance with respect to 
     such coverage under this subsection;
       (ii) 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); and
       (iii) the information specified under paragraph (7)(B) (as 
     applicable).
       (B) Timing specified.--For purposes of subparagraph (A), 
     the timing requirement specified in this subparagraph is--
       (i) with respect to such an individual who is within a 
     furlough period during the period beginning on March 1, 2020, 
     and ending on the date of the enactment of this Act, 30 days 
     after the date of such enactment; and
       (ii) with respect to such an individual who is within a 
     furlough period during the period beginning on the first day 
     after the date of the enactment of this Act and ending on 
     September 30, 2021, 30 days after the date of the beginning 
     of such furlough period.
       (C) 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)(B)--
       (i) 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 (other than the notification 
     described in clause (ii)); and
       (ii) in the case of any notification provided pursuant to 
     subparagraph (A) under section 8905a(f)(2)(A) of title 5, 
     United States Code, the Office of Personnel Management shall 
     prescribe a model for such notification.
       (9) 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, section 2206(4) of the 
     Public Health Service Act (42 U.S.C. 300bb-6(4)), or section 
     8905a(f)(2)(A) of title 5, United States Code, shall not be 
     treated as met unless the employer 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;
       (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;

       (iii) that the expiration of premium assistance is treated 
     as a qualifying event for which any assistance eligible 
     individual is eligible to enroll in a qualified health plan 
     offered through an Exchange under title I of

[[Page S481]]

     such Act (42 U.S.C. 18001 et seq.) during a special 
     enrollment period; and
       (iv) the information specified in paragraph (7)(B)(vii).
       (B) Exception.--The requirement for the group health plan 
     administrator to provide the written notice under 
     subparagraph (A) shall be waived in the case the premium 
     assistance for such individual expires pursuant to clause 
     (i)(I) or (ii)(I) of paragraph (2)(A).
       (C) Period specified.--For purposes of subparagraph (A), 
     the period specified in this subparagraph is, with respect to 
     the date of expiration of premium assistance for any 
     assistance eligible individual pursuant to a limitation 
     requiring a notice under this paragraph, the period beginning 
     on the day that is 45 days before the date of such expiration 
     and ending on the day that is 15 days before the date of such 
     expiration.
       (D) Model notices.--Not later than 30 days after the date 
     of enactment of this Act, with respect to any assistance 
     eligible individual--
       (i) 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 (other than the notification 
     described in clause (ii)); and
       (ii) in the case of any notification provided pursuant to 
     subparagraph (A) under section 8905a(f)(2)(A) of title 5, 
     United States Code, the Office of Personnel Management shall 
     prescribe a model for such notification.
       (10) 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), (7), (8), (9), and (11).
       (11) 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 (7)(C). Information on such premium 
     assistance, including enrollment, shall also be made 
     available on websites of the Departments of Labor, Treasury, 
     and Health and Human Services.
       (B) Enrollment under medicare.--The Secretary of Health and 
     Human Services shall provide outreach consisting of public 
     education. Such outreach shall target individuals who lose 
     health insurance coverage. Such outreach shall include 
     information regarding enrollment for benefits under title 
     XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) for 
     purposes of preventing mistaken delays of such enrollment by 
     such individuals, including lifetime penalties for failure of 
     timely enrollment.
       (12) Definitions.--For purposes of this section:
       (A) Administrator.--The term ``administrator'' has the 
     meaning given such term in section 3(16)(A) of the Employee 
     Retirement Income Security Act of 1974.
       (B) COBRA continuation coverage.--The term ``COBRA 
     continuation coverage'' means continuation coverage provided 
     pursuant to part 6 of subtitle B of title I of the Employee 
     Retirement Income Security Act of 1974 (other than under 
     section 609), title XXII of the Public Health Service Act, 
     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 section 8905a of title 5, United 
     States Code, 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) Furlough period.--
       (i) In general.--The term ``furlough period'' means, with 
     respect to an individual and an employer of such individual, 
     a period--

       (I) beginning with the first month beginning on or after 
     March 1, 2020 and before September 30, 2021, during which 
     such individual's employer reduces such individual's work 
     hours (due to a lack of work, funds, or other nondisciplinary 
     reason) to an amount that is less than 70 percent of the base 
     month amount; and
       (II) ending with the earlier of--

       (aa) the first month beginning after September 30, 2021; or
       (bb) the month following the first month during which work 
     hours of such employee are greater than 80 percent of work 
     hours of the base month amount.
       (ii) Base month amount.--For purposes of clause (i), the 
     term ``base month amount'' means, with respect to an 
     individual and an employer of such individual, the greater 
     of--

       (I) such individual's work hours in the month prior (or in 
     the case such individual had no work hours in the month prior 
     and had work hours in the 3 months prior, the last month with 
     work hours within the prior 3 months); and
       (II) such individual's work hours during the period 
     beginning January 1, 2020 and ending January 31, 2020.

       (13) Reports.--
       (A) Interim report.--The Secretary of the Treasury and the 
     Secretary of Labor shall jointly submit an interim report to 
     the Committee on Education and Labor, the Committee on Ways 
     and Means, and the Committee on Energy and Commerce of the 
     House of Representatives and the Committee on Health, 
     Education, Labor, and Pensions and the Committee on Finance 
     of the Senate regarding the premium assistance provided under 
     this subsection that includes--
       (i) the number of individuals provided such assistance as 
     of the date of the report; and
       (ii) the total amount of expenditures incurred (with 
     administrative expenditures noted separately) in connection 
     with such assistance as of the date of the report.
       (B) Final report.--As soon as practicable after the last 
     period of COBRA continuation coverage for which premium 
     assistance is provided under this section, the Secretary of 
     the Treasury and the Secretary of Labor shall jointly submit 
     a final report to each Committee referred to in subparagraph 
     (A) that includes--
       (i) the number of individuals provided premium assistance 
     under this section;
       (ii) the average dollar amount (monthly and annually) of 
     premium assistance provided to such individuals; and
       (iii) the total amount of expenditures incurred (with 
     administrative expenditures noted separately) in connection 
     with premium assistance under this section.
       (14) COBRA premium assistance.--
       (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 2(a)(1) of the Worker 
     Health Coverage Protection Act shall be allowed as a credit 
     against the tax imposed by section 3111(a), or so much of the 
     taxes imposed under section 3221(a) as are attributable to 
     the rate in effect under section 3111(a), for each calendar 
     quarter an amount equal to the premiums not paid by 
     assistance eligible individuals for such coverage by reason 
     of such section 2(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 provides furlough continuation coverage 
     described in section 2(a)(1)(A)(ii) of the Worker Health 
     Coverage Protection Act or subject to the COBRA continuation 
     provisions contained in--
       ``(i) this title,
       ``(ii) the Employee Retirement Income Security Act of 1974,
       ``(iii) the Public Health Service Act, or
       ``(iv) title 5, United States Code, 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(a), 
     or so much of the taxes imposed under section 3221(a) as are 
     attributable to the rate in effect under section 3111(a), for 
     such calendar quarter (reduced by any credits allowed under 
     subsections (e) and

[[Page S482]]

     (f) of section 3111, sections 7001 and 7003 of the Families 
     First Coronavirus Response Act, section 2301 of the CARES 
     Act, and sections 20204 and 20212 of the COVID-19 Tax Relief 
     Act of 2020 for such quarter) 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(a), or so much of the 
     taxes imposed under section 3221(a) as are attributable to 
     the rate in effect under section 3111(a), 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) Limitation on reimbursement for furloughed 
     employees.--In the case of an individual who for any month is 
     an assistance eligible individual described in section 
     2(a)(3)(B) of the Worker Health Coverage Protection Act with 
     respect to any coverage, the credit determined with respect 
     to such individual under subsection (a) for any such month 
     ending during a calendar quarter shall not exceed the amount 
     of premium the individual would have paid for a full month of 
     such coverage for the month preceding the first month for 
     which an individual is such an assistance eligible 
     individual.
       ``(d) Governmental Entities.--For purposes of this section, 
     the term `person' includes any governmental entity or Indian 
     tribal government (as defined in section 139E(c)(1)).
       ``(e) Denial of Double Benefit.--For purposes of chapter 1, 
     the gross income of any person allowed a credit under this 
     section shall be increased for the taxable year which 
     includes the last day of any calendar quarter with respect to 
     which such credit is allowed by the amount of such credit. No 
     amount for which a credit is allowed under this section shall 
     be taken into account as qualified wages under section 2301 
     of the CARES Act or as qualified health plan expenses under 
     section 7001(d) or 7003(d) of the Families First Coronavirus 
     Response Act.
       ``(f) Reporting.--Each person entitled to reimbursement 
     under subsection (a) for any period shall submit such reports 
     (at such time and in such manner) as the Secretary may 
     require, including--
       ``(1) an attestation of involuntary termination of 
     employment, reduction of hours, or furloughing, for each 
     assistance eligible individual on the basis of whose 
     termination, reduction of hours, or furloughing entitlement 
     to reimbursement is claimed under subsection (a),
       ``(2) a report of the amount of payroll taxes offset under 
     subsection (a) for the reporting period, and
       ``(3) a report containing the TINs of all covered 
     employees, the amount of subsidy reimbursed with respect to 
     each employee, and a designation with respect to each 
     employee as to whether the subsidy reimbursement is for 
     coverage of 1 individual or 2 or more individuals.
       ``(g) Regulations.--The Secretary shall issue such 
     regulations or other guidance 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) with respect to the application of the credit to 
     third party payors (including professional employer 
     organizations, certified professional employer organizations, 
     or agents under section 3504).''.
       (B) Social security trust funds held harmless.--There are 
     hereby appropriated to the Federal Old-Age and Survivors 
     Insurance Trust Fund and the Federal Disability Insurance 
     Trust Fund established under section 201 of the Social 
     Security Act (42 U.S.C. 401) and the Social Security 
     Equivalent Benefit Account established under section 15A(a) 
     of the Railroad Retirement Act of 1974 (45 U.S.C. 231n-1(a)) 
     amounts equal to the reduction in revenues to the Treasury by 
     reason of this section (without regard to this subparagraph). 
     Amounts appropriated by the preceding sentence shall be 
     transferred from the general fund at such times and in such 
     manner as to replicate to the extent possible the transfers 
     which would have occurred to such Trust Fund or Account had 
     this section not been enacted.
       (C) 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.''.
       (D) Effective date.--The amendments made by this paragraph 
     shall apply to premiums to which paragraph (1)(A) applies.
       (E) 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 paragraph (1)(A) applies, the amount of the premium for 
     such coverage that the individual would have (but for this 
     Act) been required to pay, the person to whom such payment is 
     payable shall reimburse such individual for the amount of 
     such premium paid.
       (ii) Credit of reimbursement.--A person to which clause (i) 
     applies shall be allowed a credit in the manner provided 
     under section 6432 of the Internal Revenue Code of 1986 for 
     any payment made to the employee under such clause.
       (iii) Payment of credits.--Any person to which clause (i) 
     applies shall make the payment required under such clause to 
     the individual not later than 60 days after the date on which 
     such individual elects continuation coverage under paragraph 
     (1).
       (15) 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 failure described 
     in subsection (b) or (c), any person required to notify a 
     group health plan under section 2(a)(2)(B) of the Worker 
     Health Coverage Protection Act 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.
       ``(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 2(a)(1)(A) of such Act 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.''.
       (16) 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 
     2(a)(1) of the Worker Health Coverage Protection Act 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.
       (17) 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 2 of the Worker 
     Health Coverage Protection Act), 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.
       (18) Deadlines with respect to notices.--Notwithstanding 
     section 518 of the Employee Retirement Income Security Act of 
     1974 (29 U.S.C. 1148) and section 7508A of the Internal 
     Revenue Code of 1986, the Secretary of Labor and the 
     Secretary of the Treasury, respectively, may not waive or 
     extend any deadline

[[Page S483]]

     with respect to the provision of notices described in 
     paragraphs (7), (8), and (9).
       (b) Rule of Construction.--In all matters of 
     interpretation, rules, and operational procedures, the 
     language of this section shall be interpreted broadly for the 
     benefit of workers and their families.
                                 ______
                                 
      By Mr. DURBIN (for himself and Mr. Graham):
  S. 264. A bill to authorize the cancellation of removal and 
adjustment of status of certain individuals who are long-term United 
States residents and who entered the United States as children, and for 
other purposes; to the Committee on the Judiciary.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 264

       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 ``Dream Act of 2021''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) In general.--Except as otherwise specifically provided, 
     any term used in this Act that is used in the immigration 
     laws shall have the meaning given such term in the 
     immigration laws.
       (2) DACA.--The term ``DACA'' means deferred action granted 
     to an alien pursuant to the Deferred Action for Childhood 
     Arrivals program announced by President Obama on June 15, 
     2012.
       (3) Disability.--The term ``disability'' has the meaning 
     given such term in section 3(1) of the Americans with 
     Disabilities Act of 1990 (42 U.S.C. 12102(1)).
       (4) Early childhood education program.--The term ``early 
     childhood education program'' has the meaning given such term 
     in section 103 of the Higher Education Act of 1965 (20 U.S.C. 
     1003).
       (5) Elementary school; high school; secondary school.--The 
     terms ``elementary school'', ``high school'', and ``secondary 
     school'' have the meanings given such terms in section 8101 
     of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 7801).
       (6) Immigration laws.--The term ``immigration laws'' has 
     the meaning given such term in section 101(a)(17) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
       (7) Institution of higher education.--The term 
     ``institution of higher education''--
       (A) except as provided in subparagraph (B), has the meaning 
     given such term in section 102 of the Higher Education Act of 
     1965 (20 U.S.C. 1002); and
       (B) does not include an institution of higher education 
     outside of the United States.
       (8) Permanent resident status on a conditional basis.--The 
     term ``permanent resident status on a conditional basis'' 
     means status as an alien lawfully admitted for permanent 
     residence on a conditional basis under this Act.
       (9) Poverty line.--The term ``poverty line'' has the 
     meaning given such term in section 673 of the Community 
     Services Block Grant Act (42 U.S.C. 9902).
       (10) Secretary.--Except as otherwise specifically provided, 
     the term ``Secretary'' means the Secretary of Homeland 
     Security.
       (11) Uniformed services.--The term ``Uniformed Services'' 
     has the meaning given the term ``uniformed services'' in 
     section 101(a) of title 10, United States Code.

     SEC. 3. PERMANENT RESIDENT STATUS ON A CONDITIONAL BASIS FOR 
                   CERTAIN LONG-TERM RESIDENTS WHO ENTERED THE 
                   UNITED STATES AS CHILDREN.

       (a) Conditional Basis for Status.--Notwithstanding any 
     other provision of law, an alien shall be considered, at the 
     time of obtaining the status of an alien lawfully admitted 
     for permanent residence under this section, to have obtained 
     such status on a conditional basis subject to the provisions 
     under this Act.
       (b) Requirements.--
       (1) In general.--Notwithstanding any other provision of 
     law, the Secretary shall cancel the removal of, and adjust to 
     the status of an alien lawfully admitted for permanent 
     residence on a conditional basis, an alien who is 
     inadmissible or deportable from the United States or is in 
     temporary protected status under section 244 of the 
     Immigration and Nationality Act (8 U.S.C. 1254a), if--
       (A) the alien has been continuously physically present in 
     the United States since the date that is 4 years before the 
     date of the enactment of this Act;
       (B) the alien was younger than 18 years of age on the date 
     on which the alien initially entered the United States;
       (C) subject to paragraphs (2) and (3), the alien--
       (i) is not inadmissible under paragraph (2), (3), (6)(E), 
     (6)(G), (8), (10)(A), (10)(C), or (10)(D) of section 212(a) 
     of the Immigration and Nationality Act (8 U.S.C. 1182(a));
       (ii) has not ordered, incited, assisted, or otherwise 
     participated in the persecution of any person on account of 
     race, religion, nationality, membership in a particular 
     social group, or political opinion; and
       (iii) has not been convicted of--

       (I) any offense under Federal or State law, other than a 
     State offense for which an essential element is the alien's 
     immigration status, that is punishable by a maximum term of 
     imprisonment of more than 1 year; or
       (II) 3 or more offenses under Federal or State law, other 
     than State offenses for which an essential element is the 
     alien's immigration status, for which the alien was convicted 
     on different dates for each of the 3 offenses and imprisoned 
     for an aggregate of 90 days or more; and

       (D) the alien--
       (i) has been admitted to an institution of higher 
     education;
       (ii) has earned a high school diploma or a commensurate 
     alternative award from a public or private high school, or 
     has obtained a general education development certificate 
     recognized under State law or a high school equivalency 
     diploma in the United States; or
       (iii) is enrolled in secondary school or in an education 
     program assisting students in--

       (I) obtaining a regular high school diploma or its 
     recognized equivalent under State law; or
       (II) in passing a general educational development exam, a 
     high school equivalence diploma examination, or other similar 
     State-authorized exam.

       (2) Waiver.--With respect to any benefit under this Act, 
     the Secretary may waive the grounds of inadmissibility under 
     paragraph (2), (6)(E), (6)(G), or (10)(D) of section 212(a) 
     of the Immigration and Nationality Act (8 U.S.C. 1182(a)) for 
     humanitarian purposes or family unity or if the waiver is 
     otherwise in the public interest.
       (3) Treatment of expunged convictions.--An expunged 
     conviction shall not automatically be treated as an offense 
     under paragraph (1). The Secretary shall evaluate expunged 
     convictions on a case-by-case basis according to the nature 
     and severity of the offense to determine whether, under the 
     particular circumstances, the Secretary determines that the 
     alien should be eligible for cancellation of removal, 
     adjustment to permanent resident status on a conditional 
     basis, or other adjustment of status.
       (4) DACA recipients.--The Secretary shall cancel the 
     removal of, and adjust to the status of an alien lawfully 
     admitted for permanent residence on a conditional basis, an 
     alien who was granted DACA unless the alien has engaged in 
     conduct since the alien was granted DACA that would make the 
     alien ineligible for DACA.
       (5) Application fee.--
       (A) In general.--The Secretary may require an alien 
     applying for permanent resident status on a conditional basis 
     under this section to pay a reasonable fee that is 
     commensurate with the cost of processing the application.
       (B) Exemption.--An applicant may be exempted from paying 
     the fee required under subparagraph (A) if the alien--
       (i)(I) is younger than 18 years of age;
       (II) received total income, during the 12-month period 
     immediately preceding the date on which the alien files an 
     application under this section, that is less than 150 percent 
     of the poverty line; and
       (III) is in foster care or otherwise lacking any parental 
     or other familial support;
       (ii) is younger than 18 years of age and is homeless;
       (iii)(I) cannot care for himself or herself because of a 
     serious, chronic disability; and
       (II) received total income, during the 12-month period 
     immediately preceding the date on which the alien files an 
     application under this section, that is less than 150 percent 
     of the poverty line; or
       (iv)(I) during the 12-month period immediately preceding 
     the date on which the alien files an application under this 
     section, accumulated $10,000 or more in debt as a result of 
     unreimbursed medical expenses incurred by the alien or an 
     immediate family member of the alien; and
       (II) received total income, during the 12-month period 
     immediately preceding the date on which the alien files an 
     application under this section, that is less than 150 percent 
     of the poverty line.
       (6) Submission of biometric and biographic data.--The 
     Secretary may not grant an alien permanent resident status on 
     a conditional basis under this section unless the alien 
     submits biometric and biographic data, in accordance with 
     procedures established by the Secretary. The Secretary shall 
     provide an alternative procedure for aliens who are unable to 
     provide such biometric or biographic data because of a 
     physical impairment.
       (7) Background checks.--
       (A) Requirement for background checks.--The Secretary shall 
     utilize biometric, biographic, and other data that the 
     Secretary determines appropriate--
       (i) to conduct security and law enforcement background 
     checks of an alien seeking permanent resident status on a 
     conditional basis under this section; and
       (ii) to determine whether there is any criminal, national 
     security, or other factor that would render the alien 
     ineligible for such status.
       (B) Completion of background checks.--The security and law 
     enforcement background checks of an alien required under 
     subparagraph (A) shall be completed, to the satisfaction of 
     the Secretary, before the date on which the Secretary grants 
     such alien permanent resident status on a conditional basis 
     under this section.
       (8) Medical examination.--
       (A) Requirement.--An alien applying for permanent resident 
     status on a conditional

[[Page S484]]

     basis under this section shall undergo a medical examination.
       (B) Policies and procedures.--The Secretary, with the 
     concurrence of the Secretary of Health and Human Services, 
     shall prescribe policies and procedures for the nature and 
     timing of the examination required under subparagraph (A).
       (9) Military selective service.--An alien applying for 
     permanent resident status on a conditional basis under this 
     section shall establish that the alien has registered under 
     the Military Selective Service Act (50 U.S.C. 3801 et seq.), 
     if the alien is subject to registration under such Act.
       (c) Determination of Continuous Presence.--
       (1) Termination of continuous period.--Any period of 
     continuous physical presence in the United States of an alien 
     who applies for permanent resident status on a conditional 
     basis under this section shall not terminate when the alien 
     is served a notice to appear under section 239(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1229(a)).
       (2) Treatment of certain breaks in presence.--
       (A) In general.--Except as provided in subparagraphs (B) 
     and (C), an alien shall be considered to have failed to 
     maintain continuous physical presence in the United States 
     under subsection (b)(1)(A) if the alien has departed from the 
     United States for any period exceeding 90 days or for any 
     periods, in the aggregate, exceeding 180 days.
       (B) Extensions for extenuating circumstances.--The 
     Secretary may extend the time periods described in 
     subparagraph (A) for an alien who demonstrates that the 
     failure to timely return to the United States was due to 
     extenuating circumstances beyond the alien's control, 
     including the serious illness of the alien, or death or 
     serious illness of a parent, grandparent, sibling, or child 
     of the alien.
       (C) Travel authorized by the secretary.--Any period of 
     travel outside of the United States by an alien that was 
     authorized by the Secretary may not be counted toward any 
     period of departure from the United States under subparagraph 
     (A).
       (d) Limitation on Removal of Certain Aliens.--
       (1) In general.--The Secretary or the Attorney General may 
     not remove an alien who appears prima facie eligible for 
     relief under this section.
       (2) Aliens subject to removal.--The Secretary shall provide 
     a reasonable opportunity to apply for relief under this 
     section to any alien who requests such an opportunity or who 
     appears prima facie eligible for relief under this section if 
     the alien is in removal proceedings, is the subject of a 
     final removal order, or is the subject of a voluntary 
     departure order.
       (3) Certain aliens enrolled in elementary or secondary 
     school.--
       (A) Stay of removal.--The Attorney General shall stay the 
     removal proceedings of an alien who--
       (i) meets all the requirements under subparagraphs (A), 
     (B), and (C) of subsection (b)(1), subject to paragraphs (2) 
     and (3) of such subsection;
       (ii) is at least 5 years of age; and
       (iii) is enrolled in an elementary school, a secondary 
     school, or an early childhood education program.
       (B) Commencement of removal proceedings.--The Secretary may 
     not commence removal proceedings for an alien described in 
     subparagraph (A).
       (C) Employment.--An alien whose removal is stayed pursuant 
     to subparagraph (A) or who may not be placed in removal 
     proceedings pursuant to subparagraph (B) shall, upon 
     application to the Secretary, be granted an employment 
     authorization document.
       (D) Lift of stay.--The Secretary or Attorney General may 
     not lift the stay granted to an alien under subparagraph (A) 
     unless the alien ceases to meet the requirements under such 
     subparagraph.
       (e) Exemption From Numerical Limitations.--Nothing in this 
     section or in any other law may be construed to apply a 
     numerical limitation on the number of aliens who may be 
     granted permanent resident status on a conditional basis 
     under this Act.

     SEC. 4. TERMS OF PERMANENT RESIDENT STATUS ON A CONDITIONAL 
                   BASIS.

       (a) Period of Status.--Permanent resident status on a 
     conditional basis is--
       (1) valid for a period of 8 years, unless such period is 
     extended by the Secretary; and
       (2) subject to termination under subsection (c).
       (b) Notice of Requirements.--At the time an alien obtains 
     permanent resident status on a conditional basis, the 
     Secretary shall provide notice to the alien regarding the 
     provisions of this Act and the requirements to have the 
     conditional basis of such status removed.
       (c) Termination of Status.--The Secretary may terminate the 
     permanent resident status on a conditional basis of an alien 
     only if the Secretary--
       (1) determines that the alien ceases to meet the 
     requirements under paragraph (1)(C) of section 3(b), subject 
     to paragraphs (2) and (3) of that section; and
       (2) prior to the termination, provides the alien--
       (A) notice of the proposed termination; and
       (B) the opportunity for a hearing to provide evidence that 
     the alien meets such requirements or otherwise contest the 
     termination.
       (d) Return to Previous Immigration Status.--
       (1) In general.--Except as provided in paragraph (2), an 
     alien whose permanent resident status on a conditional basis 
     expires under subsection (a)(1) or is terminated under 
     subsection (c) or whose application for such status is denied 
     shall return to the immigration status that the alien had 
     immediately before receiving permanent resident status on a 
     conditional basis or applying for such status, as 
     appropriate.
       (2) Special rule for temporary protected status.--An alien 
     whose permanent resident status on a conditional basis 
     expires under subsection (a)(1) or is terminated under 
     subsection (c) or whose application for such status is denied 
     and who had temporary protected status under section 244 of 
     the Immigration and Nationality Act (8 U.S.C. 1254a) 
     immediately before receiving or applying for such permanent 
     resident status on a conditional basis, as appropriate, may 
     not return to such temporary protected status if--
       (A) the relevant designation under section 244(b) of the 
     Immigration and Nationality Act (8 U.S.C. 1254a(b)) has been 
     terminated; or
       (B) the Secretary determines that the reason for 
     terminating the permanent resident status on a conditional 
     basis renders the alien ineligible for such temporary 
     protected status.

     SEC. 5. REMOVAL OF CONDITIONAL BASIS OF PERMANENT RESIDENT 
                   STATUS.

       (a) Eligibility for Removal of Conditional Basis.--
       (1) In general.--Subject to paragraph (2), the Secretary 
     shall remove the conditional basis of an alien's permanent 
     resident status granted under this Act and grant the alien 
     status as an alien lawfully admitted for permanent residence 
     if the alien--
       (A) is described in paragraph (1)(C) of section 3(b), 
     subject to paragraphs (2) and (3) of that section;
       (B) has not abandoned the alien's residence in the United 
     States; and
       (C)(i) has acquired a degree from an institution of higher 
     education or has completed at least 2 years, in good 
     standing, in a program for a bachelor's degree or higher 
     degree in the United States;
       (ii) has served in the Uniformed Services for at least 2 
     years and, if discharged, received an honorable discharge; or
       (iii) has been employed for periods totaling at least 3 
     years and at least 75 percent of the time that the alien has 
     had a valid employment authorization, except that any period 
     during which the alien is not employed while having a valid 
     employment authorization and is enrolled in an institution of 
     higher education, a secondary school, or an education program 
     described in section 3(b)(1)(D)(iii), shall not count toward 
     the time requirements under this clause.
       (2) Hardship exception.--The Secretary shall remove the 
     conditional basis of an alien's permanent resident status and 
     grant the alien status as an alien lawfully admitted for 
     permanent residence if the alien--
       (A) satisfies the requirements under subparagraphs (A) and 
     (B) of paragraph (1);
       (B) demonstrates compelling circumstances for the inability 
     to satisfy the requirements under subparagraph (C) of such 
     paragraph; and
       (C) demonstrates that--
       (i) the alien has a disability;
       (ii) the alien is a full-time caregiver of a minor child; 
     or
       (iii) the removal of the alien from the United States would 
     result in extreme hardship to the alien or the alien's 
     spouse, parent, or child who is a national of the United 
     States or is lawfully admitted for permanent residence.
       (3) Citizenship requirement.--
       (A) In general.--Except as provided in subparagraph (B), 
     the conditional basis of an alien's permanent resident status 
     granted under this Act may not be removed unless the alien 
     demonstrates that the alien satisfies the requirements under 
     section 312(a) of the Immigration and Nationality Act (8 
     U.S.C. 1423(a)).
       (B) Exception.--Subparagraph (A) shall not apply to an 
     alien who is unable to meet the requirements under such 
     section 312(a) due to disability.
       (4) Application fee.--
       (A) In general.--The Secretary may require aliens applying 
     for lawful permanent resident status under this section to 
     pay a reasonable fee that is commensurate with the cost of 
     processing the application.
       (B) Exemption.--An applicant may be exempted from paying 
     the fee required under subparagraph (A) if the alien--
       (i)(I) is younger than 18 years of age;
       (II) received total income, during the 12-month period 
     immediately preceding the date on which the alien files an 
     application under this section, that is less than 150 percent 
     of the poverty line; and
       (III) is in foster care or otherwise lacking any parental 
     or other familial support;
       (ii) is younger than 18 years of age and is homeless;
       (iii)(I) cannot care for himself or herself because of a 
     serious, chronic disability; and
       (II) received total income, during the 12-month period 
     immediately preceding the date on which the alien files an 
     application under this section, that is less than 150 percent 
     of the poverty line; or
       (iv)(I) during the 12-month period immediately preceding 
     the date on which the alien files an application under this 
     section, the alien accumulated $10,000 or more in debt as

[[Page S485]]

     a result of unreimbursed medical expenses incurred by the 
     alien or an immediate family member of the alien; and
       (II) received total income, during the 12-month period 
     immediately preceding the date on which the alien files an 
     application under this section, that is less than 150 percent 
     of the poverty line.
       (5) Submission of biometric and biographic data.--The 
     Secretary may not remove the conditional basis of an alien's 
     permanent resident status unless the alien submits biometric 
     and biographic data, in accordance with procedures 
     established by the Secretary. The Secretary shall provide an 
     alternative procedure for applicants who are unable to 
     provide such biometric data because of a physical impairment.
       (6) Background checks.--
       (A) Requirement for background checks.--The Secretary shall 
     utilize biometric, biographic, and other data that the 
     Secretary determines appropriate--
       (i) to conduct security and law enforcement background 
     checks of an alien applying for removal of the conditional 
     basis of the alien's permanent resident status; and
       (ii) to determine whether there is any criminal, national 
     security, or other factor that would render the alien 
     ineligible for removal of such conditional basis.
       (B) Completion of background checks.--The security and law 
     enforcement background checks of an alien required under 
     subparagraph (A) shall be completed, to the satisfaction of 
     the Secretary, before the date on which the Secretary removes 
     the conditional basis of the alien's permanent resident 
     status.
       (b) Treatment for Purposes of Naturalization.--
       (1) In general.--For purposes of title III of the 
     Immigration and Nationality Act (8 U.S.C. 1401 et seq.), an 
     alien granted permanent resident status on a conditional 
     basis shall be considered to have been admitted to the United 
     States, and be present in the United States, as an alien 
     lawfully admitted for permanent residence.
       (2) Limitation on application for naturalization.--An alien 
     may not apply for naturalization while the alien is in 
     permanent resident status on a conditional basis.

     SEC. 6. DOCUMENTATION REQUIREMENTS.

       (a) Documents Establishing Identity.--An alien's 
     application for permanent resident status on a conditional 
     basis may include, as proof of identity--
       (1) a passport or national identity document from the 
     alien's country of origin that includes the alien's name and 
     the alien's photograph or fingerprint;
       (2) the alien's birth certificate and an identity card that 
     includes the alien's name and photograph;
       (3) a school identification card that includes the alien's 
     name and photograph, and school records showing the alien's 
     name and that the alien is or was enrolled at the school;
       (4) a Uniformed Services identification card issued by the 
     Department of Defense;
       (5) any immigration or other document issued by the United 
     States Government bearing the alien's name and photograph; or
       (6) a State-issued identification card bearing the alien's 
     name and photograph.
       (b) Documents Establishing Continuous Physical Presence in 
     the United States.--To establish that an alien has been 
     continuously physically present in the United States, as 
     required under section 3(b)(1)(A), or to establish that an 
     alien has not abandoned residence in the United States, as 
     required under section 5(a)(1)(B), the alien may submit 
     documents to the Secretary, including--
       (1) employment records that include the employer's name and 
     contact information;
       (2) records from any educational institution the alien has 
     attended in the United States;
       (3) records of service from the Uniformed Services;
       (4) official records from a religious entity confirming the 
     alien's participation in a religious ceremony;
       (5) passport entries;
       (6) a birth certificate for a child who was born in the 
     United States;
       (7) automobile license receipts or registration;
       (8) deeds, mortgages, or rental agreement contracts;
       (9) tax receipts;
       (10) insurance policies;
       (11) remittance records;
       (12) rent receipts or utility bills bearing the alien's 
     name or the name of an immediate family member of the alien, 
     and the alien's address;
       (13) copies of money order receipts for money sent in or 
     out of the United States;
       (14) dated bank transactions; or
       (15) 2 or more sworn affidavits from individuals who are 
     not related to the alien who have direct knowledge of the 
     alien's continuous physical presence in the United States, 
     that contain--
       (A) the name, address, and telephone number of the affiant; 
     and
       (B) the nature and duration of the relationship between the 
     affiant and the alien.
       (c) Documents Establishing Initial Entry Into the United 
     States.--To establish under section 3(b)(1)(B) that an alien 
     was younger than 18 years of age on the date on which the 
     alien initially entered the United States, an alien may 
     submit documents to the Secretary, including--
       (1) an admission stamp on the alien's passport;
       (2) records from any educational institution the alien has 
     attended in the United States;
       (3) any document from the Department of Justice or the 
     Department of Homeland Security stating the alien's date of 
     entry into the United States;
       (4) hospital or medical records showing medical treatment 
     or hospitalization, the name of the medical facility or 
     physician, and the date of the treatment or hospitalization;
       (5) rent receipts or utility bills bearing the alien's name 
     or the name of an immediate family member of the alien, and 
     the alien's address;
       (6) employment records that include the employer's name and 
     contact information;
       (7) official records from a religious entity confirming the 
     alien's participation in a religious ceremony;
       (8) a birth certificate for a child who was born in the 
     United States;
       (9) automobile license receipts or registration;
       (10) deeds, mortgages, or rental agreement contracts;
       (11) tax receipts;
       (12) travel records;
       (13) copies of money order receipts sent in or out of the 
     country;
       (14) dated bank transactions;
       (15) remittance records; or
       (16) insurance policies.
       (d) Documents Establishing Admission to an Institution of 
     Higher Education.--To establish that an alien has been 
     admitted to an institution of higher education, the alien 
     shall submit to the Secretary a document from the institution 
     of higher education certifying that the alien--
       (1) has been admitted to the institution; or
       (2) is currently enrolled in the institution as a student.
       (e) Documents Establishing Receipt of a Degree From an 
     Institution of Higher Education.--To establish that an alien 
     has acquired a degree from an institution of higher education 
     in the United States, the alien shall submit to the Secretary 
     a diploma or other document from the institution stating that 
     the alien has received such a degree.
       (f) Documents Establishing Receipt of High School Diploma, 
     General Educational Development Certificate, or a Recognized 
     Equivalent.--To establish that an alien has earned a high 
     school diploma or a commensurate alternative award from a 
     public or private high school, or has obtained a general 
     educational development certificate recognized under State 
     law or a high school equivalency diploma in the United 
     States, the alien shall submit to the Secretary--
       (1) a high school diploma, certificate of completion, or 
     other alternate award;
       (2) a high school equivalency diploma or certificate 
     recognized under State law; or
       (3) evidence that the alien passed a State-authorized exam, 
     including the general educational development exam, in the 
     United States.
       (g) Documents Establishing Enrollment in an Educational 
     Program.--To establish that an alien is enrolled in any 
     school or education program described in section 
     3(b)(1)(D)(iii), 3(d)(3)(A)(iii), or 5(a)(1)(C), the alien 
     shall submit school records from the United States school 
     that the alien is currently attending that include--
       (1) the name of the school; and
       (2) the alien's name, periods of attendance, and current 
     grade or educational level.
       (h) Documents Establishing Exemption From Application 
     Fees.--To establish that an alien is exempt from an 
     application fee under section 3(b)(5)(B) or 5(a)(4)(B), the 
     alien shall submit to the Secretary the following relevant 
     documents:
       (1) Documents to establish age.--To establish that an alien 
     meets an age requirement, the alien shall provide proof of 
     identity, as described in subsection (a), that establishes 
     that the alien is younger than 18 years of age.
       (2) Documents to establish income.--To establish the 
     alien's income, the alien shall provide--
       (A) employment records that have been maintained by the 
     Social Security Administration, the Internal Revenue Service, 
     or any other Federal, State, or local government agency;
       (B) bank records; or
       (C) at least 2 sworn affidavits from individuals who are 
     not related to the alien and who have direct knowledge of the 
     alien's work and income that contain--
       (i) the name, address, and telephone number of the affiant; 
     and
       (ii) the nature and duration of the relationship between 
     the affiant and the alien.
       (3) Documents to establish foster care, lack of familial 
     support, homelessness, or serious, chronic disability.--To 
     establish that the alien was in foster care, lacks parental 
     or familial support, is homeless, or has a serious, chronic 
     disability, the alien shall provide at least 2 sworn 
     affidavits from individuals who are not related to the alien 
     and who have direct knowledge of the circumstances that 
     contain--
       (A) a statement that the alien is in foster care, otherwise 
     lacks any parental or other familiar support, is homeless, or 
     has a serious, chronic disability, as appropriate;
       (B) the name, address, and telephone number of the affiant; 
     and
       (C) the nature and duration of the relationship between the 
     affiant and the alien.

[[Page S486]]

       (4) Documents to establish unpaid medical expense.--To 
     establish that the alien has debt as a result of unreimbursed 
     medical expenses, the alien shall provide receipts or other 
     documentation from a medical provider that--
       (A) bear the provider's name and address;
       (B) bear the name of the individual receiving treatment; 
     and
       (C) document that the alien has accumulated $10,000 or more 
     in debt in the past 12 months as a result of unreimbursed 
     medical expenses incurred by the alien or an immediate family 
     member of the alien.
       (i) Documents Establishing Qualification for Hardship 
     Exemption.--To establish that an alien satisfies one of the 
     criteria for the hardship exemption set forth in section 
     5(a)(2)(C), the alien shall submit to the Secretary at least 
     2 sworn affidavits from individuals who are not related to 
     the alien and who have direct knowledge of the circumstances 
     that warrant the exemption, that contain--
       (1) the name, address, and telephone number of the affiant; 
     and
       (2) the nature and duration of the relationship between the 
     affiant and the alien.
       (j) Documents Establishing Service in the Uniformed 
     Services.--To establish that an alien has served in the 
     Uniformed Services for at least 2 years and, if discharged, 
     received an honorable discharge, the alien shall submit to 
     the Secretary--
       (1) a Department of Defense form DD-214;
       (2) a National Guard Report of Separation and Record of 
     Service form 22;
       (3) personnel records for such service from the appropriate 
     Uniformed Service; or
       (4) health records from the appropriate Uniformed Service.
       (k) Documents Establishing Employment.--
       (1) In general.--An alien may satisfy the employment 
     requirement under section 5(a)(1)(C)(iii) by submitting 
     records that--
       (A) establish compliance with such employment requirement; 
     and
       (B) have been maintained by the Social Security 
     Administration, the Internal Revenue Service, or any other 
     Federal, State, or local government agency.
       (2) Other documents.--An alien who is unable to submit the 
     records described in paragraph (1) may satisfy the employment 
     requirement by submitting at least 2 types of reliable 
     documents that provide evidence of employment, including--
       (A) bank records;
       (B) business records;
       (C) employer records;
       (D) records of a labor union, day labor center, or 
     organization that assists workers in employment;
       (E) sworn affidavits from individuals who are not related 
     to the alien and who have direct knowledge of the alien's 
     work, that contain--
       (i) the name, address, and telephone number of the affiant; 
     and
       (ii) the nature and duration of the relationship between 
     the affiant and the alien; and
       (F) remittance records.
       (l) Authority To Prohibit Use of Certain Documents.--If the 
     Secretary determines, after publication in the Federal 
     Register and an opportunity for public comment, that any 
     document or class of documents does not reliably establish 
     identity or that permanent resident status on a conditional 
     basis is being obtained fraudulently to an unacceptable 
     degree, the Secretary may prohibit or restrict the use of 
     such document or class of documents.

     SEC. 7. RULEMAKING.

       (a) Initial Publication.--Not later than 90 days after the 
     date of the enactment of this Act, the Secretary shall 
     publish regulations implementing this Act in the Federal 
     Register. Such regulations shall allow eligible individuals 
     to immediately apply affirmatively for the relief available 
     under section 3 without being placed in removal proceedings.
       (b) Interim Regulations.--Notwithstanding section 553 of 
     title 5, United States Code, the regulations published 
     pursuant to subsection (a) shall be effective, on an interim 
     basis, immediately upon publication in the Federal Register, 
     but may be subject to change and revision after public notice 
     and opportunity for a period of public comment.
       (c) Final Regulations.--Not later than 180 days after the 
     date on which interim regulations are published under this 
     section, the Secretary shall publish final regulations 
     implementing this Act.
       (d) Paperwork Reduction Act.--The requirements under 
     chapter 35 of title 44, United States Code (commonly known as 
     the ``Paperwork Reduction Act''), shall not apply to any 
     action to implement this Act.

     SEC. 8. CONFIDENTIALITY OF INFORMATION.

       (a) In General.--The Secretary may not disclose or use 
     information provided in applications filed under this Act or 
     in requests for DACA for the purpose of immigration 
     enforcement.
       (b) Referrals Prohibited.--The Secretary may not refer any 
     individual who has been granted permanent resident status on 
     a conditional basis or who was granted DACA to U.S. 
     Immigration and Customs Enforcement, U.S. Customs and Border 
     Protection, or any designee of either such entity.
       (c) Limited Exception.--Notwithstanding subsections (a) and 
     (b), information provided in an application for permanent 
     resident status on a conditional basis or a request for DACA 
     may be shared with Federal security and law enforcement 
     agencies--
       (1) for assistance in the consideration of an application 
     for permanent resident status on a conditional basis;
       (2) to identify or prevent fraudulent claims;
       (3) for national security purposes; or
       (4) for the investigation or prosecution of any felony not 
     related to immigration status.
       (d) Penalty.--Any person who knowingly uses, publishes, or 
     permits information to be examined in violation of this 
     section shall be fined not more than $10,000.

     SEC. 9. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY 
                   FOR PURPOSES OF HIGHER EDUCATION BENEFITS.

       (a) In General.--Section 505 of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
     1623) is repealed.
       (b) Effective Date.--The repeal under subsection (a) shall 
     take effect as if included in the original enactment of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996 (division C of Public Law 104-208; 110 Stat. 3009-
     546).

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