IB 

Union Calendar No. 1 

117TH CONGRESS 

1ST SESSION H. R. 1319 

[Report No. 117–7] 

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

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 24, 2021 

Mr. YARMUTH, from the Committee on the Budget, reported the following bill; 

which was committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 


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A BILL 

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

Res. 5. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘American Rescue Plan 

5 Act of 2021’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—COMMITTEE ON AGRICULTURE 

Subtitle A—Agriculture 

Sec. 1001. Food Supply Chain and Agriculture Pandemic Response. 

Sec. 1002. Emergency grants for rural health care. 

Sec. 1003. Pandemic program administration funds. 

Sec. 1004. Funding for the USDA Office of Inspector General for oversight of 

COVID—19-related programs. 

Sec. 1005. Farm loan assistance for socially disadvantaged farmers and ranchers. 

Sec. 1006. Assistance and support for socially disadvantaged farmers, ranchers, 

forest land owners and operators, and groups. 

Sec. 1007. Funding for Food for Peace title II Grants. 

Subtitle B—Nutrition 

Sec. 1011. Supplemental nutrition assistance program. 

Sec. 1012. Additional assistance for SNAP online purchasing and technology 

improvements. 

Sec. 1013. Additional funding for nutrition assistance programs. 

Sec. 1014. Commodity supplemental food program. 

TITLE II—COMMITTEE ON EDUCATION AND LABOR 

Subtitle A—Education Matters 

PART 1—DEPARTMENT OF EDUCATION

Sec. 2001. Elementary and secondary school emergency relief fund. 

Sec. 2002. Higher education emergency relief fund. 

Sec. 2003. Maintenance of effort and maintenance of equity. 

Sec. 2004. Outlying areas. 

Sec. 2005. Bureau of Indian Education. 

Sec. 2006. Gallaudet University. 

Sec. 2007. Student aid administration. 

Sec. 2008. Howard University. 

Sec. 2009. National Technical Institute for the Deaf. 

Sec. 2010. Institute of Education Sciences. 


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Sec. 2011. Program administration. 

Sec. 2012. Office of inspector general. 

Sec. 2013. Modification of revenue requirements for proprietary institutions of 

higher education. 

PART 2—MISCELLANEOUS

Sec. 2021. National endowment for the arts. 

Sec. 2022. National endowment for the humanities. 

Sec. 2023. Institute of museum and library services. 

Sec. 2024. COVID-19 response resources for the preservation and maintenance of Native American languages. 

Subtitle B—Labor Matters 

Sec. 2101. Raising the Federal minimum wage. 

Sec. 2102. Funding for Department of Labor Worker Protection Activities. 

Sec. 2103. Eligibility for workers’ compensation benefits for Federal employees 

diagnosed with COVID–19. 

Sec. 2104. Compensation pursuant to the Longshore and Harbor Workers’ 

Compensation Act. 

Subtitle C—Human Services and Community Supports 

Sec. 2201. Additional funding for aging and disability services programs. 

Sec. 2202. Supporting older Americans and their families. 

Sec. 2203. Child Care and Development Block Grant Program. 

Sec. 2204. Child Care Stabilization. 

Sec. 2205. Head Start. 

Sec. 2206. Programs for survivors. 

Sec. 2207. Child abuse prevention and treatment. 

Sec. 2208. LIHEAP. 

Sec. 2209. Department of Health and Human Services. 

Sec. 2210. Corporation for National and Community Service and the National 

Service Trust. 

Subtitle D—Child Nutrition & Related Programs 

Sec. 2301. Improvements to WIC benefits. 

Sec. 2302. WIC program modernization. 

Sec. 2303. Meals and supplements reimbursements for individuals who have not 

attained the age of 25. 

Sec. 2304. Pandemic EBT program. 

Subtitle E—COBRA Continuation Coverage 

Sec. 2401. Preserving health benefits for workers. 

TITLE III—COMMITTEE ON ENERGY AND COMMERCE 

Subtitle A—Public Health 

CHAPTER 1—VACCINES AND THERAPEUTICS

Sec. 3001. Funding for COVID–19 vaccine activities at the centers for disease 

control and prevention. 

Sec. 3002. Funding for vaccine confidence activities. 


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Sec. 3003. Funding for supply chain for COVID–19 vaccines, therapeutics, and 

medical supplies. 

Sec. 3004. Funding for COVID–19 vaccine, therapeutic, and device activities at 

the Food and Drug Administration. 

CHAPTER 2—TESTING

Sec. 3011. Funding for COVID–19 testing, contact tracing, and mitigation activities. 

Sec. 3012. Funding for SARS–CoV–2 genomic sequencing and surveillance. 

Sec. 3013. Funding for global health. 

Sec. 3014. Funding for data modernization and forecasting center. 

CHAPTER 3—PUBLIC HEALTH WORKFORCE

Sec. 3021. Funding for public health workforce. 

Sec. 3022. Funding for Medical Reserve Corps. 

CHAPTER 4—PUBLIC HEALTH INVESTMENTS

Sec. 3031. Funding for community health centers and community care. 

Sec. 3032. Funding for National Health Service Corps. 

Sec. 3033. Funding for Nurse Corps. 

Sec. 3034. Funding for teaching health centers that operate graduate medical 

education. 

Sec. 3035. Funding for COVID–19 testing, contact tracing, and mitigation activities in congregate settings. 

Sec. 3036. Funding for family planning. 

Sec. 3037. Funding for children under the care of the Department of Health 

and Human Services. 

Sec. 3038. Funding for Office of Inspector General. 

CHAPTER 5—INDIAN HEALTH

Sec. 3041. Funding for Indian health. 

CHAPTER 6—MENTAL HEALTH AND SUBSTANCE USE DISORDER

Sec. 3051. Funding for block grants for community mental health services. 

Sec. 3052. Funding for block grants for prevention and treatment of substance 

abuse. 

Sec. 3053. Funding for mental and behavioral health training for health care 

professionals, paraprofessionals, and public safety officers. 

Sec. 3054. Funding for education and awareness campaign encouraging healthy 

work conditions and use of mental and behavioral health services by health care professionals. 

Sec. 3055. Funding for grants for health care providers to promote mental and 

behavioral health among their health professional workforce. 

Sec. 3056. Funding for community-based funding for local substance use disorder services. 

Sec. 3057. Funding for community-based funding for local behavioral health 

needs. 

Sec. 3058. Funding for the National Child Traumatic Stress Network. 

Sec. 3059. Funding for Project AWARE. 

Sec. 3059A. Funding for youth suicide prevention. 

Sec. 3059B. Funding for behavioral health workforce education and training. 

CHAPTER 7—EXCHANGE GRANT PROGRAM


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Sec. 3061. Establishing a grant program for Exchange modernization. 

Subtitle B—Medicaid 

Sec. 3101. Mandatory coverage of COVID–19 vaccines and administration and 

treatment under Medicaid. 

Sec. 3102. Modifications to certain coverage under Medicaid for pregnant and 

postpartum women. 

Sec. 3103. Allowing for medical assistance under Medicaid for inmates during 

30-day period preceding release. 

Sec. 3104. Enhanced Federal Medicaid support for community-based mobile 

crisis intervention services. 

Sec. 3105. Temporary increase in FMAP for medical assistance under State 

Medicaid plans which begin to expend amounts for certain 

mandatory individuals. 

Sec. 3106. Extension of 100 percent Federal medical assistance percentage to 

Urban Indian Health Organizations and Native Hawaiian 

Health Care Systems. 

Sec. 3107. Sunset of limit on maximum rebate amount for single source drugs 

and innovator multiple source drugs. 

Sec. 3108. Additional support for Medicaid home and community-based services 

during the COVID–19 emergency period. 

Sec. 3109. Funding for State strike teams for resident and employee safety in 

nursing facilities. 

Subtitle C—Children’s Health Insurance Program 

Sec. 3201. Mandatory coverage of COVID–19 vaccines and administration and 

treatment under CHIP. 

Sec. 3202. Modifications to certain coverage under CHIP for pregnant and 

postpartum women. 

Subtitle D—Other Provisions 

CHAPTER 1—ENSURING ENVIRONMENTAL HEALTH AND RATEPAYER

PROTECTION DURING THE PANDEMIC

Sec. 3301. Funding for pollution and disparate impacts of the COVID–19 pandemic. 

Sec. 3302. Funding for LIHEAP. 

Sec. 3303. Funding for water assistance program. 

CHAPTER 2—DISTANCE LEARNING AND CONSUMER PROTECTION DURING

THE COVID–19 PANDEMIC

Sec. 3311. Funding for consumer product safety fund to protect consumers 

from potentially dangerous products related to COVID–19. 

Sec. 3312. Funding for E-Rate support for emergency educational connections 

and devices. 

CHAPTER 3—OVERSIGHT OF DEPARTMENT OF COMMERCE PREVENTION AND

RESPONSE TO COVID–19 

Sec. 3321. Funding for Department of Commerce Inspector General. 

TITLE IV—COMMITTEE ON FINANCIAL SERVICES 

Subtitle A—Defense Production Act of 1950 


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Sec. 4001. COVID–19 emergency medical supplies enhancement. 

Subtitle B—Housing Provisions 

Sec. 4101. Emergency rental assistance. 

Sec. 4102. Emergency housing vouchers. 

Sec. 4103. Emergency assistance for rural housing. 

Sec. 4104. Housing assistance and supportive services programs for Native 

Americans. 

Sec. 4105. Housing counseling. 

Sec. 4106. Homelessness assistance and supportive services program. 

Sec. 4107. Homeowner Assistance Fund. 

Sec. 4108. Relief measures for section 502 and 504 direct loan borrowers. 

Subtitle C—Small Business (SSBCI) 

Sec. 4201. Reauthorization of the State Small Business Credit Initiative Act of 

2010. 

Subtitle D—Airlines 

Sec. 4301. Air Transportation Payroll Support Program Extension. 

TITLE V—COMMITTEE ON OVERSIGHT AND REFORM 

Subtitle A—Coronavirus State and Local Fiscal Recovery Funds 

Sec. 5001. Coronavirus State and Local Fiscal Recovery Funds. 

Subtitle B—Other Matters 

Sec. 5111. Emergency Federal Employee Leave Fund. 

Sec. 5112. Funding for the Government Accountability Office. 

Sec. 5113. Pandemic Response Accountability Committee funding availability. 

TITLE VI—COMMITTEE ON SMALL BUSINESS 

Sec. 6001. Modifications to paycheck protection program. 

Sec. 6002. Targeted EIDL advance. 

Sec. 6003. Support for restaurants. 

Sec. 6004. Community navigator pilot program. 

Sec. 6005. Shuttered venue operators. 

Sec. 6006. Direct appropriations. 

TITLE VII—COMMITTEE ON TRANSPORTATION AND 

INFRASTRUCTURE 

Subtitle A—Transportation and Infrastructure 

Sec. 7001. Federal Emergency Management Agency appropriation. 

Sec. 7002. Funeral assistance. 

Sec. 7003. Economic adjustment assistance. 

Sec. 7004. Great Lakes St. Lawrence Seaway Development Corporation operations and maintenance. 

Sec. 7005. Grants to the National Railroad Passenger Corporation. 

Sec. 7006. Federal Transit Administration grants. 

Sec. 7007. Relief for airports. 

Subtitle B—Aviation Manufacturing Jobs Protection 


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Sec. 7101. Definitions. 

Sec. 7102. Payroll support program. 

Subtitle C—Continued Assistance to Rail Workers 

Sec. 7201. Additional enhanced benefits under the Railroad Unemployment Insurance Act. 

Sec. 7202. Extended unemployment benefits under the Railroad Unemployment 

Insurance Act. 

Sec. 7203. Extension of waiver of the 7-day waiting period for benefits under 

the Railroad Unemployment Insurance Act. 

Sec. 7204. Railroad Retirement Board and Office of the Inspector General 

funding. 

TITLE VIII—COMMITTEE ON VETERANS’ AFFAIRS 

Sec. 8001. Funding for claims and appeals processing. 

Sec. 8002. Funding availability for medical care and health needs. 

Sec. 8003. Funding for supply chain modernization. 

Sec. 8004. Funding for state homes. 

Sec. 8005. Funding for the Department of Veterans Affairs office of inspector 

general. 

Sec. 8006. Covid–19 veteran rapid retraining assistance program. 

Sec. 8007. Prohibition on copayments and cost sharing for veterans during 

emergency relating to COVID–19. 

TITLE IX—COMMITTEE ON WAYS AND MEANS 

Subtitle A—Crisis Support for Unemployed Workers 

Sec. 9001. Short title. 

PART 1—EXTENSION OF CARES ACT UNEMPLOYMENT PROVISIONS

Sec. 9011. Extension of pandemic unemployment assistance. 

Sec. 9012. Extension of emergency unemployment relief for governmental entities and nonprofit organizations. 

Sec. 9013. Extension of Federal Pandemic Unemployment Compensation. 

Sec. 9014. Extension of full Federal funding of the first week of compensable 

regular unemployment for States with no waiting week. 

Sec. 9015. Extension of emergency State staffing flexibility. 

Sec. 9016. Extension of Pandemic Emergency Unemployment Compensation. 

Sec. 9017. Extension of temporary financing of short-time compensation payments in States with programs in law. 

Sec. 9018. Extension of temporary financing of short-time compensation agreements for States without programs in law. 

PART 2—EXTENSION OF FFCRA UNEMPLOYMENT PROVISIONS

Sec. 9021. Extension of temporary assistance for States with advances. 

Sec. 9022. Extension of full Federal funding of extended unemployment compensation. 

PART 3—DEPARTMENT OF LABOR FUNDING FOR TIMELY, ACCURATE, AND

EQUITABLE PAYMENT

Sec. 9031. Funding for administration. 


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Sec. 9032. Funding for fraud prevention, equitable access, and timely payment 

to eligible workers. 

Subtitle B—Emergency Assistance to Families Through Home Visiting 

Programs 

Sec. 9101. Emergency assistance to families through home visiting programs. 

Subtitle C—Emergency Assistance to Children and Families 

Sec. 9201. Pandemic Emergency Assistance Fund. 

Subtitle D—Elder Justice and Support Guarantee 

Sec. 9301. Additional funding for aging and disability services programs. 

Subtitle E—Support to Skilled Nursing Facilities in Response to COVID–19 

Sec. 9401. Providing for infection control support to skilled nursing facilities 

through contracts with quality improvement organizations. 

Sec. 9402. Funding for strike teams for resident and employee safety in skilled 

nursing facilities. 

Subtitle F—Preserving Health Benefits for Workers 

Sec. 9500. Short title. 

Sec. 9501. Preserving health benefits for workers. 

Subtitle G—Promoting Economic Security 

PART 1—2021 RECOVERY REBATES TO INDIVIDUALS

Sec. 9601. 2021 recovery rebates to individuals. 

PART 2—CHILD TAX CREDIT

Sec. 9611. Child tax credit improvements for 2021. 

Sec. 9612. Application of child tax credit in possessions. 

PART 3—EARNED INCOME TAX CREDIT

Sec. 9621. Strengthening the earned income tax credit for individuals with no 

qualifying children. 

Sec. 9622. Taxpayer eligible for childless earned income credit in case of qualifying children who fail to meet certain identification requirements. 

Sec. 9623. Credit allowed in case of certain separated spouses. 

Sec. 9624. Modification of disqualified investment income test. 

Sec. 9625. Application of earned income tax credit in possessions of the United 

States. 

Sec. 9626. Temporary special rule for determining earned income for purposes 

of earned income tax credit. 

PART 4—DEPENDENT CARE ASSISTANCE

Sec. 9631. Refundability and enhancement of child and dependent care tax 

credit. 

Sec. 9632. Increase in exclusion for employer-provided dependent care assistance. 


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PART 5—CREDITS FOR PAID SICK AND FAMILY LEAVE

Sec. 9641. Extension of credits. 

Sec. 9642. Increase in limitations on credits for paid family leave. 

Sec. 9643. Expansion of leave to which paid family leave credits applies. 

Sec. 9644. Paid leave credits allowed for leave for COVID-vaccination. 

Sec. 9645. Application of non-discrimination rules. 

Sec. 9646. Reset of limitation on paid sick leave. 

Sec. 9647. Credits allowed against employer hospital insurance tax. 

Sec. 9648. Application of credits to certain governmental employers. 

Sec. 9649. Gross up of credit in lieu of exclusion from tax. 

Sec. 9650. Effective date. 

PART 6—EMPLOYEE RETENTION CREDIT

Sec. 9651. Extension of employee retention credit. 

PART 7—PREMIUM TAX CREDIT

Sec. 9661. Improving affordability by expanding premium assistance for consumers. 

Sec. 9662. Temporary modification of limitations on reconciliation of tax credits for coverage under a qualified health plan with advance payments of such credit. 

Sec. 9663. Application of premium tax credit in case of individuals receiving 

unemployment compensation during 2021. 

PART 8—MISCELLANEOUS PROVISIONS

Sec. 9671. Repeal of election to allocate interest, etc. on worldwide basis. 

Sec. 9672. Tax treatment of targeted EIDL advances. 

Sec. 9673. Tax treatment of restaurant revitalization grants. 

Subtitle H—Pensions 

Sec. 9700. Short title. 

Sec. 9701. Temporary delay of designation of multiemployer plans as in endangered, critical, or critical and declining status. 

Sec. 9702. Temporary extension of the funding improvement and rehabilitation 

periods for multiemployer pension plans in critical and endangered status for 2020 or 2021. 

Sec. 9703. Adjustments to funding standard account rules. 

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

Sec. 9705. Extended amortization for single employer plans. 

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

Sec. 9707. Modification of special rules for minimum funding standards for 

community newspaper plans. 

Sec. 9708. Cost of living adjustment freeze. 

Subtitle I—Child Care for Workers 

Sec. 9801. Child care assistance. 


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1 TITLE I—COMMITTEE ON 

2 AGRICULTURE 

3 Subtitle A—Agriculture 

4 SEC. 1001. FOOD SUPPLY CHAIN AND AGRICULTURE PAN5 DEMIC RESPONSE. 

6 (a) APPROPRIATION.—In addition to amounts other7 wise available, there is appropriated to the Secretary of 

8 Agriculture for fiscal year 2021, out of any money in the 

9 Treasury not otherwise appropriated, $4,000,000,000, to 

10 remain available until expended, to carry out this section. 

11 (b) USE OF FUNDS.—The Secretary of Agriculture 

12 shall use the amounts made available pursuant to sub13 section (a)— 

14 (1) to purchase food and agricultural commod15 ities; 

16 (2) to purchase and distribute agricultural com17 modities (including fresh produce, dairy, seafood, 

18 eggs, and meat) to individuals in need, including 

19 through delivery to nonprofit organizations and 

20 through restaurants and other food related entities, 

21 as determined by the Secretary, that may receive, 

22 store, process, and distribute food items; 

23 (3) to make grants and loans for small or 

24 midsized food processors or distributors, seafood 

25 processing facilities and processing vessels, farmers 


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1 markets, producers, or other organizations to re2 spond to COVID–19, including for measures to pro3 tect workers against COVID–19; 

4 (4) to make loans and grants and provide other 

5 assistance to maintain and improve food and agricul6 tural supply chain resiliency; and 

7 (5) to make payments for necessary expenses 

8 related to losses of crops (including losses due to 

9 high winds or derechos) pursuant to title I of the 

10 Additional Supplemental Appropriations for Disaster 

11 Relief Act, 2019 (Public Law 116–20), as amended 

12 by section 116 of the Continuing Appropriations 

13 Act, 2020 (Public Law 116–59) and as further 

14 amended by subsection (c) of section 791 of the 

15 Further Consolidated Appropriations Act, 2020 

16 (Public Law 116–94) for crop losses in crop year 

17 2020. 

18 (c) ANIMAL HEALTH.— 

19 (1) COVID–19 ANIMAL SURVEILLANCE.—The 

20 Secretary of Agriculture shall conduct monitoring 

21 and surveillance of susceptible animals for incidence 

22 of SARS–CoV–2. 

23 (2) INTERGOVERNMENTAL COOPERATION.—Ac24 tivities conducted under paragraph (1) shall be conVerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319

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1 sistent with guidance provided by the World 

2 Organisation for Animal Health. 

3 (3) FUNDING.—Out of the amounts made avail4 able under subsection (a), the Secretary shall use 

5 $300,000,000 to carry out this subsection. 

6 (d) OVERTIME FEES.— 

7 (1) SMALL ESTABLISHMENT; VERY SMALL ES8 TABLISHMENT DEFINITIONS.—The terms ‘‘small es9 tablishment’’ and ‘‘very small establishment’’ have 

10 the meaning given those terms in the final rule enti11 tled ‘‘Pathogen Reduction; Hazard Analysis and 

12 Critical Control Point (HACCP) Systems’’ published 

13 in the Federal Register on July 25, 1996 (61 Fed. 

14 Reg. 38806). 

15 (2) OVERTIME INSPECTION COST REDUC16 TION.—Notwithstanding any other provision of law 

17 and subject to the availability of funds under para18 graph (3), the Secretary of Agriculture shall reduce 

19 the amount of overtime inspection costs borne by 

20 federally-inspected small establishments and very 

21 small establishments engaged in meat, poultry, or 

22 egg products processing and subject to the require23 ments of the Federal Meat Inspection Act (21 

24 U.S.C. 601 et seq.), the Poultry Products Inspection 

25 Act (21 U.S.C. 451 et seq.), or the Egg Products 


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1 Inspection Act (21 U.S.C. 1031 et seq.), for inspec2 tion activities carried out during the period of fiscal 

3 years 2021 through 2030. 

4 (3) FUNDING.—Out of the amounts made avail5 able under subsection (a), the Secretary shall use 

6 $100,000,000 to carry out this subsection. 

7 SEC. 1002. EMERGENCY GRANTS FOR RURAL HEALTH 

8 CARE. 

9 (a) GRANTS.—The Secretary of Agriculture (in this 

10 section referred to as the ‘‘Secretary’’) shall use the funds 

11 made available by this section to establish an emergency 

12 pilot program not later than 150 days after the date of 

13 enactment of this Act to provide grants to eligible appli14 cants (as defined in section 3570.61(a) of title 7, Code 

15 of Federal Regulations) to be awarded by the Secretary 

16 based on needs related to the COVID–19 pandemic. 

17 (b) USES.—An eligible applicant to whom a grant is 

18 awarded under this section may use the grant funds for 

19 costs, including those incurred prior to the issuance of the 

20 grant, as determined by the Secretary, on facilities which 

21 primarily serve rural areas (as defined in section 

22 343(a)(13)(C) of the Consolidated Farm and Rural Devel23 opment Act (7 U.S.C. 1991(a)(13)(C)), which are located 

24 in a rural area, the median household income of the popu25 lation to be served by which is less than the greater of 


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1 the poverty line or the applicable percentage (determined 

2 under section 3570.63(b) of title 7, Code of Federal Regu3 lations) of the State nonmetropolitan median household 

4 income, and for which the performance of construction 

5 work shall meet the condition set forth in section 9003(f) 

6 of the Farm Security and Rural Investment Act of 2002 

7 (7 U.S.C. 8103(f)), to— 

8 (1) increase capacity for vaccine distribution; 

9 (2) provide drugs or medical supplies to in10 crease medical surge capacity; 

11 (3) reimburse for COVID–19-related expenses 

12 and lost revenue to maintain capacity, including ex13 penses and revenue losses incurred prior to the 

14 awarding of the grant; 

15 (4) increase telehealth capabilities, including 

16 underlying health care information systems; 

17 (5) construct temporary or permanent struc18 tures to provide health care services, including vac19 cine administration or testing; 

20 (6) support staffing needs for vaccine adminis21 tration or testing; and 

22 (7) engage in any other efforts determined to 

23 be critical to address the COVID–19 pandemic, in24 cluding nutritional assistance to vulnerable individ25 uals, as approved by the Secretary. 


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1 (c) FUNDING.—In addition to amounts otherwise 

2 available, there is appropriated to the Secretary for fiscal 

3 year 2021, out of any money in the Treasury not otherwise 

4 appropriated, $500,000,000, to remain available until 

5 September 30, 2023, to carry out this section, of which 

6 not more than 3 percent may be used by the Secretary 

7 for administrative purposes and not more than 2 percent 

8 may be used by the Secretary for technical assistance as 

9 defined in section 306(a)(26) of the Consolidated Farm 

10 and Rural Development Act (7 U.S.C. 1926(a)(26)). 

11 SEC. 1003. PANDEMIC PROGRAM ADMINISTRATION FUNDS. 

12 In addition to amounts otherwise available, there are 

13 appropriated for fiscal year 2021, out of any money in 

14 the Treasury not otherwise appropriated, $47,500,000, to 

15 remain available until expended, for necessary administra16 tive expenses associated with carrying out this subtitle. 

17 SEC. 1004. FUNDING FOR THE USDA OFFICE OF INSPECTOR 

18 GENERAL FOR OVERSIGHT OF COVID—19-RE19 LATED PROGRAMS. 

20 In addition to amounts otherwise made available, 

21 there are appropriated for fiscal year 2021, out of any 

22 money in the Treasury not otherwise appropriated, 

23 $2,500,000, to remain available until September 30, 2022, 

24 to carry out audits, investigations, and other oversight ac25 tivities authorized under the Inspector General Act of 


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1 1978 (5 U.S.C. App.) of projects and activities carried out 

2 with funds made available to the Department of Agri3 culture related to the COVID–19 pandemic. 

4 SEC. 1005. FARM LOAN ASSISTANCE FOR SOCIALLY DIS5 ADVANTAGED FARMERS AND RANCHERS. 

6 (a) PAYMENTS.— 

7 (1) APPROPRIATION.—For the purposes of ad8 dressing the longstanding and widespread discrimi9 nation against socially disadvantaged farmers and 

10 ranchers in farm loan programs and across the De11 partment of Agriculture, as documented for decades 

12 by Congress and Federal agencies, and alleviating 

13 discriminatory barriers preventing socially disadvan14 taged farmers and ranchers from fully participating 

15 in the American farm economy, in addition to 

16 amounts otherwise available, there is appropriated to 

17 the Secretary for fiscal year 2021, out of amounts 

18 in the Treasury not otherwise appropriated, such 

19 sums as may be necessary, to remain available until 

20 expended, for the cost of loan modifications and pay21 ments under this section. 

22 (2) PAYMENTS.—Using a simplified process to 

23 be determined by the Secretary, the Secretary shall 

24 provide a payment in an amount equal to 120 per25 cent of the outstanding indebtedness of each socially 


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1 disadvantaged farmer or rancher as of January 1, 

2 2021, to pay off the loan directly or to the socially 

3 disadvantaged farmer or rancher (or a combination 

4 of both), on each— 

5 (A) direct farm loan made by the Secretary 

6 to the socially disadvantaged farmer or rancher; 

7 and 

8 (B) farm loan guaranteed by the Secretary 

9 the borrower of which is the socially disadvan10 taged farmer or rancher. 

11 (3) EFFECT ON ELIGIBILITY.—Notwithstanding 

12 any other provision of law, the provision of a pay13 ment under paragraph (2) to a socially disadvan14 taged farmer or rancher shall not affect the eligi15 bility of such farmer or rancher for a farm loan 

16 after the date on which the payment is provided. 

17 (b) DEFINITIONS.—In this section: 

18 (1) FARM LOAN.—The term ‘‘farm loan’’ 

19 means— 

20 (A) a loan administered by the Farm Serv21 ice Agency under subtitle A, B, or C of the 

22 Consolidated Farm and Rural Development Act 

23 (7 U.S.C. 1922 et seq.); and 

24 (B) a Commodity Credit Corporation Farm 

25 Storage Facility Loan. 


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1 (2) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of Agriculture. 

3 (3) SOCIALLY DISADVANTAGED FARMER OR

4 RANCHER.—The term ‘‘socially disadvantaged farm5 er or rancher’’ has the meaning given the term in 

6 section 2501(a) of the Food, Agriculture, Conserva7 tion, and Trade Act of 1990 (7 U.S.C. 2279(a)). 

8 SEC. 1006. ASSISTANCE AND SUPPORT FOR SOCIALLY DIS9 ADVANTAGED FARMERS, RANCHERS, FOREST 

10 LAND OWNERS AND OPERATORS, AND 

11 GROUPS. 

12 (a) APPROPRIATION.—In addition to amounts other13 wise available, there is appropriated to the Secretary of 

14 Agriculture for fiscal year 2021, out of any money in the 

15 Treasury not otherwise appropriated, $1,010,000,000, to 

16 remain available until expended, to carry out this section. 

17 (b) ASSISTANCE.—The Secretary of Agriculture shall 

18 use the amounts made available pursuant to subsection 

19 (a)— 

20 (1) to provide outreach, mediation, financial 

21 training, capacity building training, cooperative de22 velopment training and support, and other technical 

23 assistance to socially disadvantaged groups; 

24 (2) to provide grants and loans to improve land 

25 access for socially disadvantaged farmers, ranchers, 


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1 or forest landowners, including issues related to 

2 heirs’ property in a manner as determined by the 

3 Secretary; 

4 (3) to support the development of agricultural 

5 credit institutions that are designed to serve socially 

6 disadvantaged groups, including other financing in7 stitutions funded by the Farm Credit System; 

8 (4) to support the activities of one or more eq9 uity commissions; 

10 (5) to support the development of one or more 

11 legal centers focused on agricultural legal issues of 

12 socially disadvantaged groups; 

13 (6) to support and supplement research, edu14 cation, and extension, as well as scholarships and 

15 programs that provide internships and pathways to 

16 Federal employment, at— 

17 (A) colleges or universities eligible to re18 ceive funds under the Act of August 30, 1890 

19 (commonly known as the ‘‘Second Morrill Act’’) 

20 (7 U.S.C. 321 et seq.), including Tuskegee Uni21 versity; 

22 (B) 1994 Institutions (as defined in sec23 tion 532 of the Equity in Educational Land24 Grant Status Act of 1994 (7 U.S.C. 301 note; 

25 Public Law 103–382)); 


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1 (C) Alaska Native serving institutions and 

2 Native Hawaiian serving institutions eligible to 

3 receive grants under subsections (a) and (b), re4 spectively, of section 1419B of the National Ag5 ricultural Research, Extension, and Teaching 

6 Policy Act of 1977 (7 U.S.C. 3156); 

7 (D) Hispanic-serving institutions eligible to 

8 receive grants under section 1455 of the Na9 tional Agricultural Research, Extension, and 

10 Teaching Policy Act of 1977 (7 U.S.C. 3241); 

11 and 

12 (E) the insular area institutions of higher 

13 education located in the territories of the 

14 United States, as referred to in section 1489 of 

15 the National Agricultural Research, Extension, 

16 and Teaching Policy Act of 1977 (7 U.S.C. 

17 3361); 

18 (7) to provide assistance to socially disadvan19 taged farmers, ranchers, or forest landowners that 

20 are former farm loan borrowers that suffered related 

21 adverse actions or past discrimination or bias, as de22 termined by the Secretary; and 

23 (8) to establish pilot projects to provide tech24 nical and financial assistance to socially disadvan25 taged groups, including projects that focus on land 


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1 acquisition, financial planning, technical assistance, 

2 and credit. 

3 (c) DEFINITIONS.—In this section: 

4 (1) NONINDUSTRIAL PRIVATE FOREST LAND.— 

5 The term ‘‘nonindustrial private forest land’’ has the 

6 meaning given the term in section 1201(a)(18) of 

7 the Food Security Act of 1985 (16 U.S.C. 

8 3801(a)(18)). 

9 (2) SOCIALLY DISADVANTAGED FARMER, 

10 RANCHER, OR FOREST LANDOWNER.—The term ‘‘so11 cially disadvantaged farmer, rancher, or forest land12 owner’’ means a farmer, rancher, or owner or oper13 ator of nonindustrial private forest land who is a 

14 member of a socially disadvantaged group. 

15 (3) SOCIALLY DISADVANTAGED GROUP.—The 

16 term ‘‘socially disadvantaged group’’ has the mean17 ing given the term in section 2501(a) of the Food, 

18 Agriculture, Conservation, and Trade Act of 1990 (7 

19 U.S.C. 2279(a)). 

20 SEC. 1007. FUNDING FOR FOOD FOR PEACE TITLE II 

21 GRANTS. 

22 In addition to amounts otherwise made available, 

23 there are appropriated for fiscal year 2021, out of any 

24 money in the Treasury not otherwise appropriated, 

25 $800,000,000, to remain available until September 30, 


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1 2022, for expenses, not otherwise recoverable, and unre2 covered prior years’ costs, including interest thereon, 

3 under the Food for Peace Act (Public Law 83–480), for 

4 commodities supplied in connection with dispositions 

5 abroad under title II of said Act. 

6 Subtitle B—Nutrition 

7 SEC. 1011. SUPPLEMENTAL NUTRITION ASSISTANCE PRO8 GRAM. 

9 (a) VALUE OF BENEFITS.—Section 702(a) of division 

10 N of the Consolidated Appropriations Act, 2021 (Public 

11 Law 116–260) is amended by striking ‘‘June 30, 2021’’ 

12 and inserting ‘‘September 30, 2021’’. 

13 (b) SNAP ADMINISTRATIVE EXPENSES.—In addition 

14 to amounts otherwise available, there is hereby appro15 priated for fiscal year 2021, out of any amounts in the 

16 Treasury not otherwise appropriated, $1,150,000,000, to 

17 remain available until September 30, 2023, with amounts 

18 to be obligated for each of fiscal years 2021, 2022, and 

19 2023, for the costs of State administrative expenses asso20 ciated with carrying out this section and administering the 

21 supplemental nutrition assistance program established 

22 under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 

23 et seq.), of which— 

24 (1) $15,000,000 shall be for necessary expenses 

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1 ferred to as the ‘‘Secretary’’) for management and 

2 oversight of the program; and 

3 (2) $1,135,000,000 shall be for the Secretary to 

4 make grants to each State agency for each of fiscal 

5 years 2021 through 2023 as follows: 

6 (A) 75 percent of the amounts available 

7 shall be allocated to States based on the share 

8 of each State of households that participate in 

9 the supplemental nutrition assistance program 

10 as reported to the Department of Agriculture 

11 for the most recent 12-month period for which 

12 data are available, adjusted by the Secretary 

13 (as of the date of the enactment of this Act) for 

14 participation in disaster programs under section 

15 5(h) of the Food and Nutrition Act of 2008 (7 

16 U.S.C. 2014(h)); and 

17 (B) 25 percent of the amounts available 

18 shall be allocated to States based on the in19 crease in the number of households that partici20 pate in the supplemental nutrition assistance 

21 program as reported to the Department of Ag22 riculture over the most recent 12-month period 

23 for which data are available, adjusted by the 

24 Secretary (as of the date of the enactment of 

25 this Act) for participation in disaster programs 


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1 under section 5(h) of the Food and Nutrition 

2 Act of 2008 (7 U.S.C. 2014(h)). 

3 SEC. 1012. ADDITIONAL ASSISTANCE FOR SNAP ONLINE 

4 PURCHASING AND TECHNOLOGY IMPROVE5 MENTS. 

6 (a) FUNDING.—In addition to amounts otherwise 

7 made available, there is appropriated for fiscal year 2021, 

8 out of any amounts in the Treasury not otherwise appro9 priated, $25,000,000 to remain available through Sep10 tember 30, 2026, to carry out this section. 

11 (b) USE OF FUNDS.—The Secretary of Agriculture 

12 may use the amounts made available pursuant to sub13 section (a)— 

14 (1) to make technological improvements to im15 prove online purchasing in the supplemental nutri16 tion assistance program established under the Food 

17 and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); 

18 (2) to modernize electronic benefit transfer 

19 technology; 

20 (3) to support the mobile technologies dem21 onstration projects and the use of mobile tech22 nologies authorized under section 7(h)(14) of the 

23 Food and Nutrition Act of 2008 (7 U.S.C. 

24 2016(h)(14)); and 


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1 (4) to provide technical assistance to educate 

2 retailers on the process and technical requirements 

3 for the online acceptance of the supplemental nutri4 tion assistance program benefits, for mobile pay5 ments, and for electronic benefit transfer moderniza6 tion initiatives. 

7 SEC. 1013. ADDITIONAL FUNDING FOR NUTRITION ASSIST8 ANCE PROGRAMS. 

9 Section 704 of division N of the Consolidated Appro10 priations Act, 2021 (Public Law 116–260) is amended— 

11 (1) by striking ‘‘In addition’’ and inserting the 

12 following: 

13 ‘‘(a) COVID–19 RESPONSE FUNDING.—In addi14 tion’’; and 

15 (2) by adding at the end the following— 

16 ‘‘(b) ADDITIONAL FUNDING.—In addition to any 

17 other funds made available, there is appropriated for fiscal 

18 year 2021, out of any money in the Treasury not otherwise 

19 appropriated, $1,000,000,000 to remain available until 

20 September 30, 2027, for the Secretary of Agriculture to 

21 provide grants to the Commonwealth of Northern Mariana 

22 Islands, Puerto Rico, and American Samoa for nutrition 

23 assistance, of which $30,000,000 shall be available to pro24 vide grants to the Commonwealth of Northern Mariana 

25 Islands for such assistance.’’. 


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1 SEC. 1014. COMMODITY SUPPLEMENTAL FOOD PROGRAM. 

2 In addition to amounts otherwise made available, 

3 there is appropriated for fiscal year 2021, out of any 

4 money in the Treasury not otherwise appropriated, 

5 $37,000,000, to remain available until September 30, 

6 2022, for activities authorized by section 4(a) of the Agri7 culture and Consumer Protection Act of 1973 (7 U.S.C. 

8 612c note). 

9 TITLE II—COMMITTEE ON 

10 EDUCATION AND LABOR 

11 Subtitle A—Education Matters 

12 PART 1—DEPARTMENT OF EDUCATION 

13 SEC. 2001. ELEMENTARY AND SECONDARY SCHOOL EMER14 GENCY RELIEF FUND. 

15 (a) IN GENERAL.—In addition to amounts otherwise 

16 available, there is appropriated to the Department of Edu17 cation for fiscal year 2021, out of any money in the Treas18 ury not otherwise appropriated, $128,554,800,000, to re19 main available through September 30, 2023, for providing 

20 grants to States in accordance with the same terms and 

21 conditions that apply to the Elementary and Secondary 

22 School Emergency Relief Fund of the Education Stabiliza23 tion Fund for funding appropriated for fiscal year 2021, 

24 except that— 

25 (1) a State that receives a grant under this sec26 tion shall use— 


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1 (A) not less than 90 percent of such grant 

2 for subgrants to local educational agencies; and 

3 (B) not less than 5 percent of such grant 

4 to carry out, directly or through grants or con5 tracts, activities to address learning loss by sup6 porting the implementation of evidence-based 

7 interventions, such as summer learning, ex8 tended day comprehensive afterschool pro9 grams, or extended school year programs, and 

10 ensure such interventions respond to students’ 

11 academic, social, and emotional needs and ad12 dress the disproportionate impact of the 

13 coronavirus on the student populations de14 scribed in section 1111(h)(1)(C)(ii) of the Ele15 mentary and Secondary Education Act of 1965 

16 (20 U.S.C. 6311(h)(1)(C)(ii)); and 

17 (2) each local educational agency that receives 

18 funds from a subgrant under paragraph (1)(A) 

19 shall— 

20 (A) reserve not less than 20 percent of 

21 such funds to address learning loss through the 

22 implementation of evidence-based interventions, 

23 such as summer learning, extended day com24 prehensive afterschool programs, or extended 

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1 ventions respond to students’ academic, social, 

2 and emotional needs and address the dispropor3 tionate impact of the coronavirus on the stu4 dent populations described in section 

5 1111(h)(1)(C)(ii) of the Elementary and Sec6 ondary Education Act of 1965 (20 U.S.C. 

7 6311(h)(1)(C)(ii)); and 

8 (B) using funds reserved under subpara9 graph (A), provide equitable services in the 

10 same manner as provided under section 1117 of 

11 the Elementary and Secondary Education Act 

12 of 1965 (20 U.S.C. 6320) to students and 

13 teachers in non-public schools, as determined in 

14 consultation with representatives of non-public 

15 schools. 

16 (b) PUBLIC CONTROL OF FUNDS.—Control of funds 

17 provided under subsection (a)(2)(B), and title to mate18 rials, equipment, and property purchased with such funds, 

19 shall be in a public agency, and a public agency shall ad20 minister such funds, materials, equipment, and property 

21 and shall provide such services (or may contract for the 

22 provision of such services with a public or private entity). 

23 SEC. 2002. HIGHER EDUCATION EMERGENCY RELIEF FUND. 

24 In addition to amounts otherwise available, there is 

25 appropriated to the Department of Education for fiscal 


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1 year 2021, out of any money in the Treasury not otherwise 

2 appropriated, $39,584,570,000, to remain available 

3 through September 30, 2023, for making allocations to in4 stitutions of higher education in accordance with the same 

5 terms and conditions that apply to the Higher Education 

6 Emergency Relief Fund of the Education Stabilization 

7 Fund for funding appropriated for fiscal year 2021, except 

8 that— 

9 (1) 91 percent of such funds shall be allocated 

10 to each institution of higher education as defined in 

11 section 101 or section 102(c) of the Higher Edu12 cation Act of 1965 (20 U.S.C. 1001, 1002(c)), and 

13 shall be apportioned using the same formula used to 

14 apportion funds to each such institution under such 

15 Higher Education Emergency Relief Fund; 

16 (2) 1 percent of such funds shall be allocated 

17 to institutions of higher education as defined in sec18 tion 102(b) of the Higher Education Act of 1965 

19 (20 U.S.C. 1002(b)), and shall be apportioned using 

20 the same formula used to apportion funds to each 

21 such institution under such Higher Education Emer22 gency Relief Fund; 

23 (3) an institution shall solely determine which 

24 students receive emergency financial aid grants 

25 under this section; 


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1 (4) an institution receiving an allocation— 

2 (A) under paragraph (1) shall use not less 

3 than 50 percent of such allocation to provide 

4 emergency financial aid grants to students; and 

5 (B) under paragraph (2) shall use 100 per6 cent of such allocation to provide emergency fi7 nancial aid grants to students; 

8 (5) an institution receiving an allocation under 

9 paragraph (1) shall use a portion of such allocation 

10 to— 

11 (A) implement evidence-based practices to 

12 monitor and suppress coronavirus in accordance 

13 with public health guidelines; and 

14 (B) conduct direct outreach to financial 

15 aid applicants about the opportunity to receive 

16 a financial aid adjustment due to the recent un17 employment of a family member or independent 

18 student, or other circumstances, described in 

19 section 479A of the Higher Education Act of 

20 1965 (20 U.S.C. 1087tt); 

21 (6) notwithstanding paragraph (4)(A) or para22 graph (5), an institution receiving an allocation 

23 under paragraph (1) a portion of which is appor24 tioned according to a relative share (based on full25 time equivalent enrollment or total number) of stuVerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319

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1 dents who were Pell grant recipients and who were 

2 exclusively enrolled in distance education courses 

3 prior to the qualifying emergency shall use 100 per4 cent of such portion to provide emergency financial 

5 aid grants to students; and 

6 (7) institutions required to remit payment to 

7 the Internal Revenue Service for the excise tax based 

8 on investment income of private colleges and univer9 sities under section 4968 of the Internal Revenue 

10 Code of 1986 for tax year 2019 shall not be subject 

11 to restrictions related to the amount of allocations or 

12 uses of funds applicable to such institutions under 

13 such Higher Education Emergency Relief Fund. 

14 SEC. 2003. MAINTENANCE OF EFFORT AND MAINTENANCE 

15 OF EQUITY. 

16 (a) STATE MAINTENANCE OF EFFORT.— 

17 (1) IN GENERAL.—As a condition of receiving 

18 funds under section 2001, a State shall maintain 

19 support for elementary and secondary education, 

20 and for higher education (which shall include State 

21 funding to institutions of higher education and State 

22 need-based financial aid, and shall not include sup23 port for capital projects or for research and develop24 ment or tuition and fees paid by students), in each 

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1 tional levels of such State’s support for elementary 

2 and secondary education and for higher education 

3 relative to such State’s overall spending, averaged 

4 over fiscal years 2017, 2018, and 2019. 

5 (2) WAIVER.—For the purpose of relieving fis6 cal burdens incurred by States in preventing, pre7 paring for, and responding to the coronavirus, the 

8 Secretary of Education may waive any maintenance 

9 of effort requirements associated with the Education 

10 Stabilization Fund. 

11 (b) STATE MAINTENANCE OF EQUITY.— 

12 (1) HIGH-POVERTY LOCAL EDUCATIONAL AGEN13 CIES.—As a condition of receiving funds under sec14 tion 2001, a State educational agency shall not, in 

15 fiscal year 2022 or 2023, reduce State funding (cal16 culated on a per-pupil basis) for any high-poverty 

17 local educational agency in the State by an amount 

18 that exceeds the overall per-pupil reduction in State 

19 funds, if any, across all local educational agencies in 

20 such State in such fiscal year. 

21 (2) LOCAL EDUCATIONAL AGENCIES WITH

22 HIGHEST SHARE OF ECONOMICALLY DISADVAN23 TAGED STUDENT.—Notwithstanding paragraph (1), 

24 as a condition of receiving funds under section 2001, 

25 a State educational agency shall not, in fiscal year 


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1 2022 or 2023, reduce State funding for any local 

2 educational agency that is part of the 20 percent of 

3 local educational agencies in the State with the high4 est percentage of economically disadvantaged stu5 dents (based on the percentages of economically dis6 advantaged students served by all local educational 

7 agencies in the State on the basis of the most recent 

8 satisfactory data available from the Department of 

9 Commerce) below the level of funding provided to 

10 such local educational agencies in fiscal year 2019. 

11 (c) LOCAL EDUCATIONAL AGENCY MAINTENANCE OF

12 EQUITY FOR HIGH-POVERTY SCHOOLS.—As a condition 

13 of receiving funds under section 2001, a local educational 

14 agency shall not, in fiscal year 2022 or 2023— 

15 (1) reduce per-pupil funding (from combined 

16 State and local funding) for any high-poverty school 

17 served by such local educational agency by an 

18 amount that exceeds— 

19 (A) the total reduction in local educational 

20 agency funding (from combined State and local 

21 funding) for all schools served by the local edu22 cational agency in such fiscal year (if any); di23 vided by 


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1 (B) the number of children enrolled in all 

2 schools served by the local educational agency 

3 in such fiscal year; or 

4 (2) reduce per-pupil, full-time equivalent staff 

5 in any high-poverty school by an amount that ex6 ceeds— 

7 (A) the total reduction in full-time equiva8 lent staff in all schools served by such local 

9 educational agency in such fiscal year (if any); 

10 divided by 

11 (B) the number of children enrolled in all 

12 schools served by the local educational agency 

13 in such fiscal year. 

14 (d) DEFINITIONS.—In this section: 

15 (1) The term ‘‘high-poverty local educational 

16 agency’’ means, with respect to a local educational 

17 agency in a State, a local educational agency that 

18 serves a higher percentage of economically disadvan19 taged students than the local educational agency 

20 that serves the median percentage of economically 

21 disadvantaged students, based on the percentages of 

22 economically disadvantaged students served by all 

23 local educational agencies in such State, on the basis 

24 of the most recent satisfactory data available from 

25 the Department of Commerce. 


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1 (2) The term ‘‘high-poverty school’’ means, with 

2 respect to a school served by a local educational 

3 agency, a school that serves a higher percentage of 

4 economically disadvantaged students, as determined 

5 by any of the measures of poverty in section 1113 

6 of the Elementary and Secondary Education Act of 

7 1965 (20 U.S.C. 6313) than the school that serves 

8 the median percentage of economically disadvan9 taged students based on the percentages of economi10 cally disadvantaged students— 

11 (A) at all schools served by such local edu12 cational agency; or 

13 (B) at all schools within each grade-span 

14 of such local educational agency. 

15 (3) The term ‘‘overall per-pupil reduction in 

16 State funds’’ means, with respect to a fiscal year— 

17 (A) the amount of any reduction in the 

18 total amount of State funds provided to all local 

19 educational agencies in the State in such fiscal 

20 year compared to the total amount of such 

21 funds provided to all local educational agencies 

22 in the State in the previous fiscal year; divided 

23 by 

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1 cational agencies in the State in the fiscal year 

2 for which the determination is being made. 

3 SEC. 2004. OUTLYING AREAS. 

4 In addition to amounts otherwise available, there is 

5 appropriated to the Department of Education for fiscal 

6 year 2021, out of any money in the Treasury not otherwise 

7 appropriated, $850,000,000, to remain available through 

8 September 30, 2023, for the Secretary of Education to 

9 allocate awards to the outlying areas on the basis of their 

10 respective needs, as determined by the Secretary, to be 

11 allocated not more than 30 calendar days after the date 

12 of enactment of this Act. 

13 SEC. 2005. BUREAU OF INDIAN EDUCATION. 

14 In addition to amounts otherwise available, there is 

15 appropriated to the Department of Education for fiscal 

16 year 2021, out of any money in the Treasury not otherwise 

17 appropriated, $850,000,000, to remain available until ex18 pended, for the Secretary of Education to allocate to the 

19 Secretary of the Interior for awards, which awards shall 

20 be determined and funds for such awards allocated by the 

21 Secretary of the Interior not more than 30 calendar days 

22 after the date of enactment of this Act, for programs oper23 ated or funded by the Bureau of Indian Education, for 

24 Bureau-funded schools (as defined in section 1141(3) of 

25 the Education Amendments of 1978 (25 U.S.C. 2021(3)), 


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1 and for Tribal Colleges or Universities (as defined in sec2 tion 316(b)(3) of the Higher Education Act of 1965 (20 

3 U.S.C. 1059c(b)(3))). 

4 SEC. 2006. GALLAUDET UNIVERSITY. 

5 In addition to amounts otherwise available, there is 

6 appropriated to the Department of Education for fiscal 

7 year 2021, out of any money in the Treasury not otherwise 

8 appropriated, $19,250,000, to remain available through 

9 September 30, 2023, for the Kendall Demonstration Ele10 mentary School, the Model Secondary School for the Deaf, 

11 and Gallaudet University under titles I and II of the Edu12 cation of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.) 

13 to prevent, prepare for, and respond to coronavirus, do14 mestically or internationally, including to defray expenses 

15 associated with coronavirus (including lost revenue, reim16 bursement for expenses already incurred, technology costs 

17 associated with a transition to distance education, faculty 

18 and staff trainings, and payroll) and to provide financial 

19 aid grants to students, which may be used for any compo20 nent of the student’s cost of attendance. 

21 SEC. 2007. STUDENT AID ADMINISTRATION. 

22 In addition to amounts otherwise available, there is 

23 appropriated to the Department of Education for fiscal 

24 year 2021, out of any money in the Treasury not otherwise 

25 appropriated, $91,130,000, to remain available through 


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1 September 30, 2023, for Student Aid Administration with2 in the Department of Education to prevent, prepare for, 

3 and respond to coronavirus, domestically or internation4 ally, including direct outreach to students and borrowers 

5 about financial aid, economic impact payments, means6 tested benefits, and tax benefits for which they may be 

7 eligible. 

8 SEC. 2008. HOWARD UNIVERSITY. 

9 In addition to amounts otherwise available, there is 

10 appropriated to the Department of Education for fiscal 

11 year 2021, out of any money in the Treasury not otherwise 

12 appropriated, $35,000,000, to remain available through 

13 September 30, 2023, for Howard University to prevent, 

14 prepare for, and respond to coronavirus, domestically or 

15 internationally, including to defray expenses associated 

16 with coronavirus (including lost revenue, reimbursement 

17 for expenses already incurred, technology costs associated 

18 with a transition to distance education, faculty and staff 

19 trainings, and payroll) and to provide financial aid grants 

20 to students, which may be used for any component of the 

21 student’s cost of attendance. 

22 SEC. 2009. NATIONAL TECHNICAL INSTITUTE FOR THE 

23 DEAF. 

24 In addition to amounts otherwise available, there is 

25 appropriated to the Department of Education for fiscal 


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1 year 2021, out of any money in the Treasury not otherwise 

2 appropriated, $19,250,000, to remain available through 

3 September 30, 2023, for the National Technical Institute 

4 for the Deaf under titles I and II of the Education of the 

5 Deaf Act of 1986 (20 U.S.C. 4301 et seq.) to prevent, 

6 prepare for, and respond to coronavirus, domestically or 

7 internationally, including to defray expenses associated 

8 with coronavirus (including lost revenue, reimbursement 

9 for expenses already incurred, technology costs associated 

10 with a transition to distance education, faculty and staff 

11 training, and payroll) and to provide financial aid grants 

12 to students, which may be used for any component of the 

13 student’s cost of attendance. 

14 SEC. 2010. INSTITUTE OF EDUCATION SCIENCES. 

15 In addition to amounts otherwise available, there is 

16 appropriated to the Department of Education for fiscal 

17 year 2021, out of any money in the Treasury not otherwise 

18 appropriated, $100,000,000, to remain available through 

19 September 30, 2023, for the Institute of Education 

20 Sciences established under part A of title I of the Edu21 cation Sciences Reform Act of 2002 (20 U.S.C. 9511 et 

22 seq.) to carry out research related to addressing learning 

23 loss caused by the coronavirus among the student popu24 lations described in section 1111(h)(1)(C)(ii) of the Ele25 mentary and Secondary Education Act of 1965 (20 U.S.C. 


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1 6311(h)(1)(C)(ii)) and to disseminate such findings to 

2 State educational agencies and local educational agencies 

3 and other appropriate entities. 

4 SEC. 2011. PROGRAM ADMINISTRATION. 

5 In addition to amounts otherwise available, there is 

6 appropriated to the Department of Education for fiscal 

7 year 2021, out of any money in the Treasury not otherwise 

8 appropriated, $15,000,000, to remain available through 

9 September 30, 2024, for Program Administration within 

10 the Department of Education to prevent, prepare for, and 

11 respond to coronavirus, domestically or internationally, 

12 and for salaries and expenses necessary to implement this 

13 part. 

14 SEC. 2012. OFFICE OF INSPECTOR GENERAL. 

15 In addition to amounts otherwise available, there is 

16 appropriated to the Department of Education for fiscal 

17 year 2021, out of any money in the Treasury not otherwise 

18 appropriated, $5,000,000, to remain available until ex19 pended, for the Office of Inspector General of the Depart20 ment of Education, as authorized by section 211 of the 

21 Department of Education Organization Act (20 U.S.C. 

22 3422), to prevent, prepare for, and respond to 

23 coronavirus, domestically or internationally, including for 

24 salaries and expenses necessary for oversight, investigaVerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319

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1 tions, and audits of programs, grants, and projects funded 

2 under this part to respond to coronavirus. 

3 SEC. 2013. MODIFICATION OF REVENUE REQUIREMENTS 

4 FOR PROPRIETARY INSTITUTIONS OF HIGH5 ER EDUCATION. 

6 (a) IN GENERAL.—Section 487(a)(24) of the Higher 

7 Education Act of 1965 (20 U.S.C. 1094(a)(24)) is amend8 ed by striking ‘‘funds provided under this title’’ and insert9 ing ‘‘Federal funds that are disbursed or delivered to or 

10 on behalf of a student to be used to attend such institution 

11 (referred to in this paragraph and subsection (d) as ‘Fed12 eral education assistance funds’)’’. 

13 (b) IMPLEMENTATION OF NON-FEDERAL REVENUE

14 REQUIREMENT.—Section 487(d) of the Higher Education 

15 Act of 1965 (20 U.S.C. 1094(d)) is amended— 

16 (1) in the subsection heading, by striking ‘‘Non17 title IV’’ and inserting ‘‘Non-Federal’’; and 

18 (2) in paragraph (1)(C), by striking ‘‘funds for 

19 a program under this title’’ and inserting ‘‘Federal 

20 education assistance funds’’. 

21 PART 2—MISCELLANEOUS 

22 SEC. 2021. NATIONAL ENDOWMENT FOR THE ARTS. 

23 In addition to amounts otherwise available, there is 

24 appropriated for fiscal year 2021, out of any money in 

25 the Treasury not otherwise appropriated, $135,000,000, 


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1 to remain available until expended, under the National 

2 Foundation on the Arts and the Humanities Act of 1965 

3 (20 U.S.C. 951 et seq.), as follows: 

4 (1) Forty percent shall be for grants, and rel5 evant administrative expenses, to State arts agencies 

6 and regional arts organizations that support organi7 zations’ programming and general operating ex8 penses to cover up to 100 percent of the costs of the 

9 programs which the grants support, to prevent, pre10 pare for, respond to, and recover from the 

11 coronavirus. 

12 (2) Sixty percent shall be for direct grants, and 

13 relevant administrative expenses, that support orga14 nizations’ programming and general operating ex15 penses to cover up to 100 percent of the costs of the 

16 programs which the grants support, to prevent, pre17 pare for, respond to, and recover from the 

18 coronavirus. 

19 SEC. 2022. NATIONAL ENDOWMENT FOR THE HUMANITIES. 

20 In addition to amounts otherwise available, there is 

21 appropriated for fiscal year 2021, out of any money in 

22 the Treasury not otherwise appropriated, $135,000,000, 

23 to remain available until expended, under the National 

24 Foundation on the Arts and the Humanities Act of 1965 

25 (20 U.S.C. 951 et seq.), as follows: 


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1 (1) Forty percent shall be for grants, and rel2 evant administrative expenses, to State humanities 

3 councils that support humanities organizations’ pro4 gramming and general operating expenses to cover 

5 up to 100 percent of the costs of the programs 

6 which the grants support, to prevent, prepare for, 

7 respond to, and recover from the coronavirus. 

8 (2) Sixty percent shall be for direct grants, and 

9 relevant administrative expenses, that support hu10 manities organizations’ programming and general 

11 operating expenses to cover up to 100 percent of the 

12 costs of the programs which the grants support, to 

13 prevent, prepare for, respond to, and recover from 

14 the coronavirus. 

15 SEC. 2023. INSTITUTE OF MUSEUM AND LIBRARY SERVICES. 

16 In addition to amounts otherwise available, there is 

17 appropriated for fiscal year 2021, out of any money in 

18 the Treasury not otherwise appropriated, $200,000,000, 

19 to remain available until expended, to carry out the Li20 brary Services and Technology Act (20 U.S.C. 9121 et 

21 seq.) as authorized under subtitle B of the Museum and 

22 Library Services Act (20 U.S.C. 9121 et seq.), including 

23 for administrative costs authorized under section 210C of 

24 such Act (20 U.S.C. 9111), except that— 


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1 (1) section 221(b)(3)(A) of the Library Services 

2 and Technology Act shall be applied by substituting 

3 ‘‘$2,000,000’’ for ‘‘$680,000’’ and by substituting 

4 ‘‘$200,000’’ for ‘‘$60,000’’; and 

5 (2) section 221(b)(3)(C) and subsections (b) 

6 and (c) of section 223 of such Act shall not apply 

7 to funds provided under this section. 

8 SEC. 2024. COVID-19 RESPONSE RESOURCES FOR THE PRES9 ERVATION AND MAINTENANCE OF NATIVE 

10 AMERICAN LANGUAGES. 

11 (a) Section 816 of the Native American Programs 

12 Act of 1974 (42 U.S.C. 2992d) is amended by adding at 

13 the end the following: 

14 ‘‘(f) In addition to amounts otherwise available, there 

15 is appropriated for fiscal year 2021, out of any money in 

16 the Treasury not otherwise appropriated, $10,000,000 to 

17 remain available until expended, to carry out section 

18 803C(g) of this Act.’’. 

19 (b) Section 803C of the Native American Programs 

20 Act of 1974 (42 U.S.C. 2991b-3) is amended by adding 

21 at the end the following: 

22 ‘‘(g) EMERGENCY GRANTS FOR NATIVE AMERICAN

23 LANGUAGE PRESERVATION AND MAINTENANCE.—Not 

24 later than 180 days after the effective date of this sub25 section, the Secretary shall award grants to entities eligiVerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319

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1 ble to receive assistance under subsection (a) to ensure 

2 the survival and continuing vitality of Native American 

3 languages during and after the public health emergency 

4 declared by the Secretary pursuant to section 319 of the 

5 Public Health Service Act (42 U.S.C. 247d) with respect 

6 to the COVID–19 pandemic.’’. 

7 Subtitle B—Labor Matters 

8 SEC. 2101. RAISING THE FEDERAL MINIMUM WAGE. 

9 (a) MINIMUM WAGE INCREASES.— 

10 (1) IN GENERAL.—Section 6(a)(1) of the Fair 

11 Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) 

12 is amended to read as follows: 

13 ‘‘(1) except as otherwise provided in this sec14 tion, not less than— 

15 ‘‘(A) $9.50 an hour, beginning on the ef16 fective date under section 2101(e) of the Amer17 ican Rescue Plan Act of 2021; 

18 ‘‘(B) $11.00 an hour, beginning 1 year 

19 after such effective date; 

20 ‘‘(C) $12.50 an hour, beginning 2 years 

21 after such effective date; 

22 ‘‘(D) $14.00 an hour, beginning 3 years 

23 after such effective date; 

24 ‘‘(E) $15.00 an hour, beginning 4 years 

25 after such effective date; and 


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1 ‘‘(F) beginning on the date that is 5 years 

2 after such effective date, and annually there3 after, the amount determined by the Secretary 

4 under subsection (h);’’. 

5 (2) DETERMINATION BASED ON INCREASE IN

6 THE MEDIAN HOURLY WAGE OF ALL EMPLOYEES.— 

7 Section 6 of the Fair Labor Standards Act of 1938 

8 (29 U.S.C. 206) is amended by adding at the end 

9 the following: 

10 ‘‘(h)(1) Not later than each date that is 90 days be11 fore a new minimum wage determined under subsection 

12 (a)(1)(F) is to take effect, the Secretary shall determine 

13 the minimum wage to be in effect under this subsection 

14 for each period described in subsection (a)(1)(F). The 

15 wage determined under this subsection for a year shall 

16 be— 

17 ‘‘(A) not less than the amount in effect under 

18 subsection (a)(1) on the date of such determination; 

19 ‘‘(B) increased from such amount by the annual 

20 percentage increase, if any, in the median hourly 

21 wage of all employees as determined by the Bureau 

22 of Labor Statistics; and 

23 ‘‘(C) rounded up to the nearest multiple of 

24 $0.05. 


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1 ‘‘(2) In calculating the annual percentage increase in 

2 the median hourly wage of all employees for purposes of 

3 paragraph (1)(B), the Secretary, through the Bureau of 

4 Labor Statistics, shall compile data on the hourly wages 

5 of all employees to determine such a median hourly wage 

6 and compare such median hourly wage for the most recent 

7 year for which data are available with the median hourly 

8 wage determined for the preceding year.’’. 

9 (b) TIPPED EMPLOYEES.— 

10 (1) BASE MINIMUM WAGE FOR TIPPED EMPLOY11 EES AND TIPS RETAINED BY EMPLOYEES.—Section 

12 3(m)(2)(A)(i) of the Fair Labor Standards Act of 

13 1938 (29 U.S.C. 203(m)(2)(A)(i)) is amended to 

14 read as follows: 

15 ‘‘(i) the cash wage paid such em16 ployee, which for purposes of such deter17 mination shall be not less than— 

18 ‘‘(I) for the 1-year period begin19 ning on the effective date under sec20 tion 2101(e) of the American Rescue 

21 Plan Act of 2021, $4.95 an hour; 

22 ‘‘(II) for each succeeding 1-year 

23 period until the hourly wage under 

24 this clause equals the wage in effect 

25 under section 6(a)(1) for such period, 


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1 an hourly wage equal to the amount 

2 determined under this clause for the 

3 preceding year, increased by the lesser 

4 of— 

5 ‘‘(aa) $2.00; or 

6 ‘‘(bb) the amount necessary 

7 for the wage in effect under this 

8 clause to equal the wage in effect 

9 under section 6(a)(1) for such 

10 period, rounded up to the nearest 

11 multiple of $0.05; and 

12 ‘‘(III) for each succeeding 1-year 

13 period after all increases are made 

14 pursuant to subclause (II), the min15 imum wage in effect under section 

16 6(a)(1); and’’. 

17 (2) SCHEDULED REPEAL OF SEPARATE MIN18 IMUM WAGE FOR TIPPED EMPLOYEES.— 

19 (A) TIPPED EMPLOYEES.—Section 

20 3(m)(2)(A) of the Fair Labor Standards Act of 

21 1938 (29 U.S.C. 203(m)(2)(A)), as amended by 

22 paragraph (1), is further amended by striking 

23 the sentence beginning with ‘‘In determining 

24 the wage an employer is required to pay a 

25 tipped employee,’’ and all that follows through 


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1 ‘‘of this subsection.’’ and inserting ‘‘The wage 

2 required to be paid to a tipped employee shall 

3 be the wage set forth in section 6(a)(1).’’. 

4 (B) EFFECTIVE DATE.—The amendments 

5 made by subparagraph (A) shall take effect on 

6 the date that is 1 day after the date on which 

7 the hourly wage under subclause (III) of section 

8 3(m)(2)(A)(i) of the Fair Labor Standards Act 

9 of 1938 (29 U.S.C. 203(m)(2)(A)(i)), as 

10 amended by paragraph (1), takes effect. 

11 (3) PENALTIES.—Section 16 of the Fair Labor 

12 Standards Act of 1938 (29 U.S.C. 216) is amend13 ed— 

14 (A) in the third sentence of subsection (b), 

15 by inserting ‘‘or used’’ after ‘‘kept’’; and 

16 (B) in the second sentence of subsection 

17 (e)(2), by inserting ‘‘or used’’ after ‘‘kept’’. 

18 (c) NEWLY HIRED EMPLOYEES WHO ARE LESS

19 THAN 20 YEARS OLD.— 

20 (1) IN GENERAL.—Section 6(g)(1) of the Fair 

21 Labor Standards Act of 1938 (29 U.S.C. 206(g)(1)) 

22 is amended by striking ‘‘a wage which is not less 

23 than $4.25 an hour.’’ and inserting the following: ‘‘a 

24 wage at a rate that is not less than— 


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1 ‘‘(A) for the 1-year period beginning on 

2 the effective date under section 2101(e) of the 

3 American Rescue Plan Act of 2021, $6.00 an 

4 hour; 

5 ‘‘(B) for each succeeding 1-year period 

6 until the hourly wage under this paragraph 

7 equals the wage in effect under section 6(a)(1) 

8 for such period, an hourly wage equal to the 

9 amount determined under this paragraph for 

10 the preceding year, increased by the lesser of— 

11 ‘‘(i) $1.75; or 

12 ‘‘(ii) the amount necessary for the 

13 wage in effect under this paragraph to 

14 equal the wage in effect under section 

15 6(a)(1) for such period, rounded up to the 

16 nearest multiple of $0.05; and 

17 ‘‘(C) for each succeeding 1-year period 

18 after all increases are made pursuant to sub19 paragraph (B), the minimum wage in effect 

20 under section 6(a)(1).’’. 

21 (2) SCHEDULED REPEAL OF SEPARATE MIN22 IMUM WAGE FOR NEWLY HIRED EMPLOYEES WHO

23 ARE LESS THAN 20 YEARS OLD.— 

24 (A) IN GENERAL.—Section 6(g) of the 

25 Fair Labor Standards Act of 1938 (29 U.S.C. 


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1 206(g)), as amended by paragraph (1), shall be 

2 repealed. 

3 (B) EFFECTIVE DATE.—The repeal made 

4 by subparagraph (A) shall take effect on the 

5 date that is 1 day after the date on which the 

6 hourly wage under subparagraph (C) of section 

7 6(g)(1) of the Fair Labor Standards Act of 

8 1938 (29 U.S.C. 206(g)(1)), as amended by 

9 paragraph (1), takes effect. 

10 (d) PROMOTING ECONOMIC SELF-SUFFICIENCY FOR

11 INDIVIDUALS WITH DISABILITIES.— 

12 (1) PROHIBITION ON NEW SPECIAL CERTIFI13 CATES.— 

14 (A) IN GENERAL.—Section 14(c) of the 

15 Fair Labor Standards Act of 1938 (29 U.S.C. 

16 214(c)) is amended by adding at the end the 

17 following: 

18 ‘‘(6) PROHIBITION ON NEW SPECIAL CERTIFI19 CATES.—Notwithstanding paragraph (1), the Sec20 retary shall not issue a special certificate under this 

21 subsection to an employer that was not issued a spe22 cial certificate under this subsection before the date 

23 of enactment of the American Rescue Plan Act of 

24 2021.’’. 


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1 (B) EFFECTIVE DATE.—The amendment 

2 made by subparagraph (A) shall take effect on 

3 the date of enactment of this Act. 

4 (2) TRANSITION TO FAIR WAGES FOR INDIVID5 UALS WITH DISABILITIES.—Subparagraph (A) of 

6 section 14(c)(1) of the Fair Labor Standards Act of 

7 1938 (29 U.S.C. 214(c)(1)) is amended to read as 

8 follows: 

9 ‘‘(A) at a rate that equals or exceeds, for 

10 each year, the greater of— 

11 ‘‘(i)(I) $5.00 an hour, beginning on 

12 the effective date under section 2101(e) of 

13 the American Rescue Plan Act of 2021; 

14 ‘‘(II) $7.50 an hour, beginning 1 year 

15 after such effective date; 

16 ‘‘(III) $10.00 an hour, beginning 2 

17 years after such effective date; 

18 ‘‘(IV) $12.50 an hour, beginning 3 

19 years after such effective date; 

20 ‘‘(V) $15.00 an hour, beginning 4 

21 years after such effective date; and 

22 ‘‘(VI) the wage rate in effect under 

23 section 6(a)(1), beginning 5 years after 

24 such effective date; or 


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1 ‘‘(ii) if applicable, the wage rate in ef2 fect on the day before the date of enact3 ment of the American Rescue Plan Act of 

4 2021 for the employment, under a special 

5 certificate issued under this paragraph, of 

6 the individual for whom the wage rate is 

7 being determined under this subpara8 graph,’’. 

9 (3) SUNSET.—Section 14(c) of the Fair Labor 

10 Standards Act of 1938 (29 U.S.C. 214(c)) is further 

11 amended by adding at the end the following: 

12 ‘‘(7) SUNSET.—Beginning on the day after the 

13 date on which the wage rate described in paragraph 

14 (1)(A)(i)(VI) takes effect, the authority to issue spe15 cial certificates under paragraph (1) shall expire, 

16 and no special certificates issued under paragraph 

17 (1) shall have any legal effect.’’. 

18 (e) GENERAL EFFECTIVE DATE.—Except as other19 wise provided in this section, or the amendments made 

20 by this section, this section and the amendments made by 

21 this section shall take effect— 

22 (1) subject to paragraph (2), on the first day 

23 of the third month that begins after the date of the 

24 enactment of this Act; and 


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1 (2) with respect to the Commonwealth of the 

2 Northern Mariana Islands, on the date that is 18 

3 months after the effective date described in para4 graph (1). 

5 SEC. 2102. FUNDING FOR DEPARTMENT OF LABOR WORKER 

6 PROTECTION ACTIVITIES. 

7 (a) APPROPRIATION.—In addition to amounts other8 wise made available, out of any funds in the Treasury not 

9 otherwise appropriated, there are appropriated to the Sec10 retary of Labor for fiscal year 2021, $150,000,000, to re11 main available until September 30, 2023, for the Wage 

12 and Hour Division, the Office of Workers’ Compensation 

13 Programs, the Office of the Solicitor, the Mine Safety and 

14 Health Administration, and the Occupational Safety and 

15 Health Administration to carry out COVID–19 related 

16 worker protection activities, and for the Office of Inspec17 tor General for oversight of the Secretary’s activities to 

18 prevent, prepare for, and respond to COVID–19. 

19 (b) ALLOCATION OF AMOUNTS.—Amounts appro20 priated under subsection (a) shall be allocated as follows: 

21 (1) Not less than $75,000,000 shall be for the 

22 Occupational Safety and Health Administration, of 

23 which $10,000,000 shall be for Susan Harwood 

24 training grants and not less than $5,000,000 shall 

25 be for enforcement activities related to COVID–19 


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1 at high risk workplaces including health care, meat 

2 and poultry processing facilities, agricultural work3 places and correctional facilities. 

4 (2) $12,500,000 shall be for the Office of In5 spector General. 

6 SEC. 2103. ELIGIBILITY FOR WORKERS’ COMPENSATION 

7 BENEFITS FOR FEDERAL EMPLOYEES DIAG8 NOSED WITH COVID–19. 

9 (a) IN GENERAL.—Subject to subsection (c), a cov10 ered employee shall, with respect to any claim made by 

11 or on behalf of the covered employee for benefits under 

12 subchapter I of chapter 81 of title 5, United States Code, 

13 be deemed to have an injury proximately caused by expo14 sure to the novel coronavirus arising out of the nature of 

15 the covered employee’s employment. Such covered em16 ployee, or a beneficiary of such an employee, shall be enti17 tled to such benefits for such claim, including disability 

18 compensation, medical services, and survivor benefits. 

19 (b) DEFINITIONS.—In this section, the following: 

20 (1) COVERED EMPLOYEE.— 

21 (A) IN GENERAL.—The term ‘‘covered em22 ployee’’ means an individual— 

23 (i) who is an employee under section 

24 8101(1) of title 5, United States Code, (in25 cluding an employee of the United States 


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1 Postal Service, the Transportation Security 

2 Administration, or the Department of Vet3 erans Affairs, including any individual ap4 pointed under chapter 73 or 74 of title 38, 

5 United States Code) employed in the Fed6 eral service at anytime during the period 

7 beginning on January 27, 2020, and end8 ing on January 27, 2023; 

9 (ii) who is diagnosed with COVID–19 

10 during such period; and 

11 (iii) who, during a covered exposure 

12 period prior to such diagnosis, carries out 

13 duties that— 

14 (I) require contact with patients, 

15 members of the public, or co-workers; 

16 or 

17 (II) include a risk of exposure to 

18 the novel coronavirus. 

19 (B) TELEWORKING EXCEPTION.—The 

20 term ‘‘covered employee’’ does not include any 

21 employee otherwise covered by subparagraph 

22 (A) who is exclusively teleworking during a cov23 ered exposure period, regardless of whether 

24 such employment is full time or part time. 


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1 (2) COVERED EXPOSURE PERIOD.—The term 

2 ‘‘covered exposure period’’ means, with respect to a 

3 diagnosis of COVID–19, the period beginning on a 

4 date to be determined by the Secretary of Labor. 

5 (3) NOVEL CORONAVIRUS.—The term ‘‘novel 

6 coronavirus’’ means SARS–CoV–2 or another 

7 coronavirus declared to be a pandemic by public 

8 health authorities. 

9 (c) LIMITATION.— 

10 (1) DETERMINATIONS MADE ON OR BEFORE

11 THE DATE OF ENACTMENT.—This section shall not 

12 apply with respect to a covered employee who is de13 termined to be entitled to benefits under subchapter 

14 I of chapter 81 of title 5, United States Code, for 

15 a claim described in subsection (a) if such deter16 mination is made on or before the date of enactment 

17 of this Act. 

18 (2) LIMITATION ON DURATION OF BENEFITS.— 

19 No funds are authorized to be appropriated to pay, 

20 and no benefits may be paid for, claims approved on 

21 the basis of subsection (a) after September 30, 

22 2030. No administrative costs related to any such 

23 claim may be paid after such date. 

24 (d) EMPLOYEES’ COMPENSATION FUND.— 


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1 (1) IN GENERAL.—The costs of benefits for 

2 claims approved on the basis of subsection (a) shall 

3 not be included in the annual statement of the cost 

4 of benefits and other payments of an agency or in5 strumentality under section 8147(b) of title 5, 

6 United States Code. 

7 (2) FAIR SHARE PROVISION.—Costs of adminis8 tration for claims described in paragraph (1)— 

9 (A) may be paid from the Employees’ 

10 Compensation Fund; and 

11 (B) shall not be subject to the fair share 

12 provision in section 8147(c) of title 5, United 

13 States Code. 

14 SEC. 2104. COMPENSATION PURSUANT TO THE LONGSHORE 

15 AND HARBOR WORKERS’ COMPENSATION 

16 ACT. 

17 (a) CLAIMS RELATED TO COVID–19.— 

18 (1) IN GENERAL.—Subject to subsection (c), a 

19 covered employee who receives a diagnosis or is sub20 ject to an order described in paragraph (2)(B) and 

21 who provides notice of or files a claim relating to 

22 such diagnosis or order under section 12 or 13 of 

23 the Longshore and Harbor Workers’ Compensation 

24 Act (33 U.S.C. 912, 913), respectively, shall be con25 clusively presumed to have an injury arising out of 


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1 or in the course of employment for the purpose of 

2 compensation under the Longshore and Harbor 

3 Workers’ Compensation Act (33 U.S.C. 901 et seq.). 

4 (2) COVERED EMPLOYEE.—In this section, the 

5 term ‘‘covered employee’’ means an individual who, 

6 at any time during the period beginning January 27, 

7 2020, and ending on January 27, 2023— 

8 (A) is an employee; and 

9 (B) is— 

10 (i) diagnosed with COVID–19; or 

11 (ii) ordered not to return to work by 

12 the employee’s employer or by a local, 

13 State, or Federal agency because of expo14 sure, or the risk of exposure, to 1 or more 

15 individuals diagnosed with COVID–19 in 

16 the workplace. 

17 (3) LIMITATION.—This section shall not apply 

18 with respect to a covered employee who— 

19 (A) provides notice or files a claim de20 scribed in paragraph (1) on or before the date 

21 of the enactment of this Act; and 

22 (B) is determined to be entitled to the 

23 compensation described in paragraph (1) or 

24 awarded such compensation if such determina25 tion or award is made on or before such date. 


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1 (4) DENIALS ON OR BEFORE THE DATE OF EN2 ACTMENT.—Paragraph (1) shall apply with respect 

3 to a covered employee who is determined not to be 

4 entitled to, or who is not awarded, compensation de5 scribed in paragraph (1) if such determination or de6 cision not to award such compensation is made on 

7 or before the date of enactment of this Act. 

8 (b) REIMBURSEMENT.— 

9 (1) IN GENERAL.— 

10 (A) ENTITLEMENT.—Subject to subpara11 graph (B) and to the availability of appropria12 tions and limitation on payments under sub13 section (c), an employer of a covered employee 

14 or the employer’s carrier shall be entitled to re15 imbursement for any compensation paid with 

16 respect to a notice or claim described in sub17 section (a), including disability benefits, funeral 

18 and burial expenses, medical or other related 

19 costs for treatment and care, and reasonable 

20 and necessary allocated claims expenses. 

21 (B) SAFETY AND HEALTH REQUIRE22 MENTS.—To be entitled to reimbursement 

23 under subparagraph (A)— 

24 (i) an employer shall be in compliance 

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1 lines and standards that are related to the 

2 prevention of occupational exposure to the 

3 novel coronavirus that causes COVID–19, 

4 including such guidelines and standards 

5 issued by the Occupational Safety and 

6 Health Administration, State plans ap7 proved under section 18 of the Occupa8 tional Safety and Health Act of 1970 (29 

9 U.S.C. 667), and the National Institute for 

10 Occupational Safety and Health; and 

11 (ii) a carrier— 

12 (I) shall be a carrier for an em13 ployer that is in compliance with 

14 clause (i); and 

15 (II) shall not adjust the experi16 ence rating or the annual premium of 

17 the employer based upon the com18 pensation paid by the carrier with re19 spect to a notice or claim described in 

20 subparagraph (A). 

21 (2) REIMBURSEMENT PROCEDURES.— 

22 (A) IN GENERAL.—Subject to subsection 

23 (c), to receive reimbursement under paragraph 

24 (1)— 


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1 (i) a claim for such reimbursement 

2 shall be submitted to the Secretary of 

3 Labor— 

4 (I) not earlier than— 

5 (aa) the date on which a 

6 compensation order (as described 

7 in section 19(e) of the Longshore 

8 and Harbor Workers’ Compensa9 tion Act (33 U.S.C. 919(e))) is 

10 issued that fixes entitlement to 

11 benefits; or 

12 (bb) the date on which— 

13 (AA) a payment is 

14 made under such Act; 

15 (BB) entitlement to 

16 benefits is established under 

17 such Act; and 

18 (CC) the rate of com19 pensation and period of pay20 ment is relatively fixed and 

21 known; and 

22 (II) not later than one year after 

23 the final payment of compensation to 

24 a covered employee pursuant to this 

25 section; and 


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1 (ii) an employer and the employer’s 

2 carrier shall make, keep, and preserve such 

3 records, make such reports, and provide 

4 such information, as the Secretary of 

5 Labor determines necessary or appropriate 

6 to carry out this section. 

7 (B) COMMUTATION OF COMPENSATION IN8 STALLMENTS.—The Secretary may commute 

9 future compensation installments with respect 

10 to a claim under this section. 

11 (c) EMPLOYEES’ COMPENSATION FUND.— 

12 (1) IN GENERAL.—A reimbursement under sub13 section (b) shall be paid out of the Employees’ Com14 pensation Fund under section 8147 of title 5, 

15 United States Code. 

16 (2) FUNDING.—In addition to amounts other17 wise available, there are authorized to be appro18 priated, and there are appropriated, out of any 

19 money in the Treasury not otherwise appropriated, 

20 such funds as may be necessary for the period begin21 ning on the date of enactment of this Act and end22 ing on September 30, 2030, to reimburse the Em23 ployees’ Compensation Fund for each reimbursement 

24 paid out of such Fund under subsection (b). 


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1 (3) LIMITATION.—With respect to a claim for 

2 benefits approved on the basis of subsection (a), no 

3 payments may be made from the Employees’ Com4 pensation Fund or the special fund established in 

5 section 44 of Longshore and Harbor Workers’ Com6 pensation Act (33 U.S.C. 944) after September 30, 

7 2030, for benefits, reimbursements, or other expend8 itures relating to such claim. 

9 (4) FINAL ACTION.—The action of the Sec10 retary in allowing or denying any reimbursement 

11 under subsection (b) shall be final and conclusive on 

12 all questions of law and fact and not subject to re13 view by any other official of the United States or by 

14 any court by mandamus or otherwise. 

15 (d) DEFINITIONS.—In this section: 

16 (1) LHWCA TERMS.—The terms ‘‘carrier’’, 

17 ‘‘compensation’’, ‘‘employee’’, and ‘‘employer’’ have 

18 the meanings given the terms in section 2 of the 

19 Longshore and Harbor Workers’ Compensation Act 

20 (33 U.S.C. 902). 

21 (2) NOVEL CORONAVIRUS.—The term ‘‘novel 

22 coronavirus’’ means SARS–CoV–2 or any other 

23 coronavirus declared to be a pandemic by public 

24 health authorities. 


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1 Subtitle C—Human Services and 

2 Community Supports 

3 SEC. 2201. ADDITIONAL FUNDING FOR AGING AND DIS4 ABILITY SERVICES PROGRAMS. 

5 Subtitle A of title XX of the Social Security Act (42 

6 U.S.C. 1397-1397h) is amended by adding at the end the 

7 following: 

8 ‘‘SEC. 2010. ADDITIONAL FUNDING FOR AGING AND DIS9 ABILITY SERVICES PROGRAMS. 

10 ‘‘(a) APPROPRIATION.—In addition to amounts oth11 erwise available, there is appropriated for fiscal year 2021, 

12 out of any money in the Treasury not otherwise appro13 priated, $276,000,000, to remain available until expended, 

14 to carry out the programs described in subtitle B. 

15 ‘‘(b) USE OF FUNDS.— 

16 ‘‘(1) IN GENERAL.—Of the amounts made 

17 available by subsection (a)— 

18 ‘‘(A) $88,000,000 shall be made available 

19 to carry out the programs described in subtitle 

20 B in fiscal year 2021, of which not less than an 

21 amount equal to $100,0000,000 minus the 

22 amount previously provided in fiscal year 2021 

23 to carry out section 2042(b) shall be made 

24 available to carry out such section; and 


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1 ‘‘(B) $188,000,000 shall be made available 

2 to carry out the programs described in subtitle 

3 B in fiscal year 2022, of which not less than 

4 $100,000,000 shall be for activities described in 

5 section 2042(b). 

6 ‘‘(2) SERVICES FOR ALL ADULTS.—The 

7 amounts made available by subsection (a) of this 

8 section to carry out section 2042(b) may be used to 

9 provide services under programs described in section 

10 2042(b) for all adults.’’. 

11 SEC. 2202. SUPPORTING OLDER AMERICANS AND THEIR 

12 FAMILIES. 

13 (a) APPROPRIATION.—In addition to amounts other14 wise available, there is appropriated for fiscal year 2021, 

15 out of any money in the Treasury not otherwise appro16 priated, $1,444,000,000, to remain available until ex17 pended, to carry out the Older Americans Act of 1965. 

18 (b) ALLOCATION OF AMOUNTS.—Amounts made 

19 available by subsection (a) shall be available as follows: 

20 (1) $750,000,000 shall be available to carry out 

21 part C of title III of such Act. 

22 (2) $25,000,000 shall be available to carry out 

23 title VI of such Act, including part C of such title. 

24 (3) $470,000,000 shall be available to carry out 

25 part B of title III of such Act, including for— 


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1 (A) supportive services of the types made 

2 available for fiscal year 2020; 

3 (B) efforts related to COVID–19 vaccina4 tion outreach, including education, communica5 tion, transportation, and other activities to fa6 cilitate vaccination of older individuals; and 

7 (C) prevention and mitigation activities re8 lated to COVID–19 focused on addressing ex9 tended social isolation among older individuals, 

10 including activities for investments in techno11 logical equipment and solutions or other strate12 gies aimed at alleviating negative health effects 

13 of social isolation due to long-term stay-at-home 

14 recommendations for older individuals for the 

15 duration of the COVID–19 public health emer16 gency; 

17 (4) $44,000,000 shall be available to carry out 

18 part D of title III of such Act. 

19 (5) $145,000,000 shall be available to carry out 

20 part E of title III of such Act. 

21 (6) $10,000,000 shall be available to carry out 

22 the long-term care ombudsman program under title 

23 VII of such Act. 


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1 SEC. 2203. CHILD CARE AND DEVELOPMENT BLOCK GRANT 

2 PROGRAM. 

3 (a) CHILD CARE AND DEVELOPMENT BLOCK GRANT

4 FUNDING.—In addition to amounts otherwise available, 

5 there is appropriated for fiscal year 2021, out of any 

6 amounts in the Treasury not otherwise appropriated, 

7 $14,990,000,000, to remain available through September 

8 30, 2021, to carry out the Child Care and Development 

9 Block Grant of 1990 (42 U.S.C. 9857 et seq.) without 

10 regard to requirements in sections 658E(c)(3)(D)–(E) or 

11 658G of such Act (42 U.S.C. 9858c(c)(3), 9858e). Pay12 ments made to States, territories, Indian Tribes, and Trib13 al organizations from funds made available under this sub14 section shall be obligated in fiscal year 2021 or the suc15 ceeding 2 fiscal years. States, territories, Indian Tribes, 

16 and Tribal organizations are authorized to use such funds 

17 to provide child care assistance to health care sector em18 ployees, emergency responders, sanitation workers, and 

19 other workers deemed essential during the response to 

20 coronavirus by public officials, without regard to the in21 come eligibility requirements of section 658P(4) of the 

22 Child Care and Development Block Grant Act (42 U.S.C. 

23 9858n(4)). 

24 (b) CHILD CARE STABILIZATION FUNDING.—In ad25 dition to amounts otherwise available, there is appro26 priated for fiscal year 2021, out of any amounts in the 


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1 Treasury not otherwise appropriated, $23,975,000,000, to 

2 remain available through September 30, 2021, for grants 

3 under section 2204(b) of this subtitle and in accordance 

4 with the Child Care and Development Block Grant Act 

5 of 1990 (42 U.S.C. 9857 et seq.), except for the require6 ments in subparagraphs (C) through (E) of section 

7 658E(c)(3), and section 658G, of such Act (42 U.S.C. 

8 9858c(c)(3), 9858e). 

9 (c) ADMINISTRATIVE COSTS.—In addition to 

10 amounts otherwise available, there is appropriated for fis11 cal year 2021, out of any amounts in the Treasury not 

12 otherwise appropriated, $35,000,000, to remain available 

13 through September 30, 2025, for the costs of providing 

14 technical assistance and conducting research and for the 

15 administrative costs to carry out this section and section 

16 2204 of this subtitle. 

17 SEC. 2204. CHILD CARE STABILIZATION. 

18 (a) DEFINITIONS.—In this section: 

19 (1) CHILD CARE AND DEVELOPMENT BLOCK

20 GRANT TERMS.—The terms ‘‘lead agency’’, ‘‘Sec21 retary’’, and ‘‘State’’ have the meanings given those 

22 terms, and the terms ‘‘Indian Tribe’’ and ‘‘Tribal 

23 organization’’ have the meanings given the terms 

24 ‘‘Indian tribe’’ and ‘‘tribal organization’’, in section 

25 658P of the Child Care and Development Block 


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1 Grant Act of 1990 (42 U.S.C. 9858n) except as oth2 erwise provided in this section. 

3 (2) COVID–19 PUBLIC HEALTH EMERGENCY.— 

4 The term ‘‘COVID–19 public health emergency’’ 

5 means the public health emergency declared by the 

6 Secretary of Health and Human Services under sec7 tion 319 of the Public Health Service Act (42 

8 U.S.C. 247d) on January 31, 2020, with respect to 

9 COVID–19, including any renewal of the declara10 tion. 

11 (3) ELIGIBLE CHILD CARE PROVIDER.—The 

12 term ‘‘eligible child care provider’’ means an eligible 

13 child care provider as defined in section 658P of the 

14 Child Care and Development Block Grant Act of 

15 1990 (42 U.S.C. 9858n) or a child care provider 

16 that is licensed, regulated, or registered in the State, 

17 territory, or Indian Tribe on the date of enactment 

18 of this Act and meets applicable State and local 

19 health and safety requirements. 

20 (b) GRANTS.—From the amounts appropriated to 

21 carry out this section and under the authority of section 

22 658O of the Child Care and Development Block Grant Act 

23 of 1990 (42 U.S.C. 9858m) and this section, the Secretary 

24 shall award to the lead agency of each State (as des25 ignated or established under section 658D(a) of such Act 


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1 (42 U.S.C. 9858b(a)), territory and possession described 

2 in subsection 658O(a)(1) of such Act, and Indian Tribe 

3 and Tribal organization described in section 658O(a)(2) 

4 of such Act that has submitted to the Secretary a letter 

5 of intent to use funds awarded pursuant to this sub6 section, child care stabilization grants from allotments and 

7 payments determined in accordance with paragraphs (1) 

8 and (2) of subsection (a), and subsection (b), of section 

9 658O of the Child Care and Development Block Grant Act 

10 of 1990 (42 U.S.C. 9858m). Such grants shall be used 

11 in accordance with the Child Care and Development Block 

12 Grant Act of 1990 (42 U.S.C. 9857 et seq.), except for 

13 the requirements in subparagraphs (C) through (E) of sec14 tion 658E(c)(3), and in section 658G, of such Act (42 

15 U.S.C. 9858c(c)(3), 9858e). 

16 (c) STATE RESERVATIONS AND SUBGRANTS.— 

17 (1) RESERVATION.—A lead agency for a State 

18 that receives a child care stabilization grant pursu19 ant to subsection (b) shall reserve not more than 10 

20 percent of such grant funds to administer subgrants, 

21 provide technical assistance and support for applying 

22 for and accessing the subgrant opportunity, publicize 

23 the availability of the subgrants, and provide tech24 nical assistance to help child care providers imple25 ment policies as described in paragraph (2)(D)(i). 


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1 (2) SUBGRANTS TO QUALIFIED CHILD CARE

2 PROVIDERS.— 

3 (A) IN GENERAL.—The lead agency shall 

4 use the remainder of the grant funds awarded 

5 pursuant to subsection (b) to make subgrants 

6 to qualified child care providers described in 

7 subparagraph (B), regardless of such a pro8 vider’s previous receipt of other Federal assist9 ance, to support the stability of the child care 

10 sector during and after the COVID–19 public 

11 health emergency. 

12 (B) QUALIFIED CHILD CARE PROVIDER.— 

13 To be qualified to receive a subgrant under this 

14 paragraph, a provider shall be an eligible child 

15 care provider that on the date of submission of 

16 an application for the subgrant, was either— 

17 (i) open and available to provide child 

18 care services; or 

19 (ii) closed due to public health, finan20 cial hardship, or other reasons relating to 

21 the COVID–19 public health emergency. 

22 (C) SUBGRANT AMOUNT.—The amount of 

23 such a subgrant to a qualified child care pro24 vider shall be based on the provider’s stated 

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1 sociated with providing or preparing to provide 

2 child care services during the COVID–19 public 

3 health emergency, and to the extent practicable, 

4 cover such operating expenses for the intended 

5 period of the subgrant. 

6 (D) APPLICATION.—The lead agency 

7 shall— 

8 (i) make available on the lead agen9 cy’s website an application for qualified 

10 child care providers that includes certifi11 cations that, for the duration of the 

12 subgrant— 

13 (I) the provider applying will, 

14 when open and available to provide 

15 child care services, implement policies 

16 in line with guidance from the cor17 responding State, Tribal, and local 

18 authorities, and in accordance with 

19 State, Tribal, and local orders, and, to 

20 the greatest extent possible, imple21 ment policies in line with guidance 

22 from the Centers for Disease Control 

23 and Prevention; 

24 (II) for each employee, the pro25 vider will pay not less than the full 


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1 compensation, including any benefits, 

2 that was provided to the employee as 

3 of the date of submission of the appli4 cation for the subgrant (referred to in 

5 this subclause as ‘‘full compensa6 tion’’), and will not take any action 

7 that reduces the weekly amount of the 

8 employee’s compensation below the 

9 weekly amount of full compensation, 

10 or that reduces the employee’s rate of 

11 compensation below the rate of full 

12 compensation, including the involun13 tary furloughing of any employee em14 ployed on the date of submission of 

15 the application for the subgrant; and 

16 (III) the provider will provide re17 lief from copayments and tuition pay18 ments for the families enrolled in the 

19 provider’s program, to the extent pos20 sible, and prioritize such relief for 

21 families struggling to make either 

22 type of payment; and 

23 (ii) accept and process applications 

24 submitted under this subparagraph on a 

25 rolling basis, and provide subgrant funds 


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1 in advance of provider expenditures, except 

2 as provided in subsection (d)(2). 

3 (E) OBLIGATION.—The lead agency shall 

4 notify the Secretary if it is unable to obligate 

5 at least 50 percent of the funds received pursu6 ant to subsection (b) that are available for sub7 grants described in this paragraph within 9 

8 months of the date of enactment of this Act. 

9 (d) USES OF FUNDS.— 

10 (1) IN GENERAL.—A qualified child care pro11 vider that receives funds through such a subgrant 

12 shall use the funds for at least one of the following: 

13 (A) Personnel costs, including payroll and 

14 salaries or similar compensation for an em15 ployee (including any sole proprietor or inde16 pendent contractor), employee benefits, pre17 mium pay, or costs for employee recruitment 

18 and retention. 

19 (B) Rent (including rent under a lease 

20 agreement) or payment on any mortgage obliga21 tion, utilities, facility maintenance or improve22 ments, or insurance. 

23 (C) Personal protective equipment, clean24 ing and sanitization supplies and services, or 


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1 training and professional development related to 

2 health and safety practices. 

3 (D) Purchases of or updates to equipment 

4 and supplies to respond to the COVID–19 pub5 lic health emergency. 

6 (E) Goods and services necessary to main7 tain or resume child care services. 

8 (F) Mental health supports for children 

9 and employees. 

10 (2) REIMBURSEMENT.—The qualified child care 

11 provider may use the subgrant funds to reimburse 

12 the provider for sums obligated or expended before 

13 the date of enactment of this Act for the cost of a 

14 good or service described in paragraph (1) to re15 spond to the COVID–19 public health emergency. 

16 (e) SUPPLEMENT NOT SUPPLANT.—Amounts made 

17 available to carry out this section shall be used to supple18 ment and not supplant other Federal, State, and local 

19 public funds expended to provide child care services for 

20 eligible individuals, including funds provided under the 

21 Child Care and Development Block Grant Act of 1990 (42 

22 U.S.C. 9857 et seq.) and State child care programs. 

23 SEC. 2205. HEAD START. 

24 In addition to amounts otherwise available, there is 

25 appropriated for fiscal year 2021, out of any amounts in 


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1 the Treasury not otherwise appropriated, $1,000,000,000, 

2 to remain available through September 30, 2022, to carry 

3 out the Head Start Act (42 U.S.C. 9831 et seq.), includ4 ing for Federal administrative expenses, to be allocated 

5 to each Head Start agency in an amount that bears the 

6 same ratio to the portion available for allocations as the 

7 number of enrolled children served by the Head Start 

8 agency bears to the number of enrolled children served by 

9 all Head Start agencies, except that funds appropriated 

10 in this section— 

11 (1) shall not be included in the calculation of 

12 the ‘‘base grant’’ in subsequent fiscal years, as such 

13 term is defined in section 640(a)(7)(A), 

14 641A(h)(1)(B), or 645(d)(3) of the Head Start Act 

15 (42 U.S.C. 9835(a)(7)(A), 9836a(h)(1)(B), 

16 9840(d)(3)); and 

17 (2) shall not be subject to the allocation re18 quirements of section 640(a) of such Act (42 U.S.C. 

19 9835(a)). 

20 SEC. 2206. PROGRAMS FOR SURVIVORS. 

21 (a) IN GENERAL.—Section 303 of the Family Vio22 lence Prevention and Services Act (42 U.S.C. 10403) is 

23 amended by adding at the end the following: 

24 ‘‘(d) ADDITIONAL FUNDING.—For the purposes of 

25 carrying out this title, in addition to amounts otherwise 


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1 made available for such purposes, there are appropriated, 

2 out of any amounts in the Treasury not otherwise appro3 priated, for fiscal year 2021, to remain available until ex4 pended, each of the following: 

5 ‘‘(1) $180,000,000 to carry out sections 301 

6 through 312, to be allocated in the manner described 

7 in subsection (a)(2), except that a reference in sub8 section (a)(2) to an amount appropriated under sub9 section (a)(1) shall be considered to be a reference 

10 to an amount appropriated under this paragraph, 

11 and that the matching requirement under section 

12 306(c)(4) shall not apply. 

13 ‘‘(2) $18,000,000 to carry out section 309. 

14 ‘‘(3) $2,000,000 to carry out section 313, of 

15 which $1,000,000 for each fiscal year shall be allo16 cated to support Indian communities.’’. 

17 (b) COVID–19 PUBLIC HEALTH EMERGENCY DE18 FINED.—In this section, the term ‘‘COVID–19 public 

19 health emergency’’ means the public health emergency de20 clared by the Secretary of Health and Human Services 

21 under section 319 of the Public Health Service Act (42 

22 U.S.C. 247d) on January 31, 2020, with respect to 

23 COVID–19, including any renewal of the declaration. 

24 (c) GRANTS TO SUPPORT CULTURALLY SPECIFIC

25 POPULATIONS.— 


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1 (1) IN GENERAL.—In addition to amounts oth2 erwise made available, there is appropriated, out of 

3 any amounts in the Treasury not otherwise appro4 priated, to the Secretary of Health and Human 

5 Services, $49,500,000 for fiscal year 2021, to be 

6 available until expended, to carry out this subsection 

7 (excluding Federal administrative costs, for which 

8 funds are appropriated under subsection (e)). 

9 (2) USE OF FUNDS.—From amounts appro10 priated under paragraph (1), the Secretary acting 

11 through the Director of the Family Violence Preven12 tion and Services Program, shall— 

13 (A) support culturally specific community14 based organizations to provide culturally spe15 cific activities for survivors of sexual assault 

16 and domestic violence, to address emergent 

17 needs resulting from the COVID–19 public 

18 health emergency and other public health con19 cerns; and 

20 (B) support culturally specific community21 based organizations that provide culturally spe22 cific activities to promote strategic partnership 

23 development and collaboration in responding to 

24 the impact of COVID–19 and other public 


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1 health concerns on survivors of sexual assault 

2 and domestic violence. 

3 (d) GRANTS TO SUPPORT SURVIVORS OF SEXUAL AS4 SAULT.— 

5 (1) IN GENERAL.—In addition to amounts oth6 erwise made available, there is appropriated, out of 

7 any amounts in the Treasury not otherwise appro8 priated, to the Secretary of Health and Human 

9 Services, $198,000,000 for fiscal year 2021, to be 

10 available until expended, to carry out this subsection 

11 (excluding Federal administrative costs, for which 

12 funds are appropriated under subsection (e)). 

13 (2) USE OF FUNDS.—From amounts appro14 priated under paragraph (1), the Secretary acting 

15 through the Director of the Family Violence Preven16 tion and Services Program, shall assist rape crisis 

17 centers in transitioning to virtual services and meet18 ing the emergency needs of survivors. 

19 (e) ADMINISTRATIVE COSTS.—In addition to 

20 amounts otherwise made available, there is appropriated 

21 to the Secretary of Health and Human Services, out of 

22 any amounts in the Treasury not otherwise appropriated, 

23 $2,500,000 for fiscal year 2021, to remain available until 

24 expended, for the Federal administrative costs of carrying 

25 out subsections (c) and (d). 


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1 SEC. 2207. CHILD ABUSE PREVENTION AND TREATMENT. 

2 In addition to amounts otherwise available, there is 

3 appropriated to the Secretary of Health and Human Serv4 ices for fiscal year 2021, out of any money in the Treasury 

5 not otherwise appropriated, the following amounts, to re6 main available through September 30, 2023: 

7 (1) $250,000,000 for carrying out title II of the 

8 Child Abuse Prevention and Treatment Act (42 

9 U.S.C. 5116 et seq.), which shall be allocated with10 out regard to section 204(4) of such Act (42 U.S.C. 

11 5116d(4)) and shall be allotted to States in accord12 ance with section 203 of such Act (42 U.S.C. 

13 5116b), except that— 

14 (A) in subsection (b)(1)(A) of such section 

15 203, ‘‘70 percent’’ shall be deemed to be ‘‘100 

16 percent’’; and 

17 (B) subsections (b)(1)(B) and (c) of such 

18 section 203 shall not apply; and 

19 (2) $100,000,000 for carrying out the State 

20 grant program authorized under section 106 of the 

21 Child Abuse Prevention and Treatment Act (42 

22 U.S.C. 5106a), which shall be allocated without re23 gard to section 112(a)(2) of such Act (42 U.S.C. 

24 5106h(a)(2)). 


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1 SEC. 2208. LIHEAP. 

2 In addition to amounts otherwise available, there is 

3 appropriated for fiscal year 2021, out of any amounts in 

4 the Treasury not otherwise appropriated, $4,500,000,000, 

5 to remain available through September 30, 2022, for addi6 tional funding to provide payments under section 2602(b) 

7 of the Low-Income Home Energy Assistance Act of 1981 

8 (42 U.S.C. 8621(b)), except that— 

9 (1) $2,250,000,000 of such amounts shall be 

10 allocated as though the total appropriation for such 

11 payments for fiscal year 2021 was less than 

12 $1,975,000,000; 

13 (2) section 2607(b)(2)(B) of such Act (42 

14 U.S.C. 8626(b)(2)(B)) shall not apply to funds ap15 propriated under this section for fiscal year 2021; 

16 and 

17 (3) with respect to amounts appropriated under 

18 this section for fiscal year 2021, notwithstanding 

19 section 2604(d) of such Act (42 U.S.C. 8623(d)), 

20 the Secretary shall reserve under such section 

21 2604(d) amounts for Indian tribes that bear the 

22 same ratio, for each Indian tribe, that the amount 

23 reserved for the Indian tribe, from funds appro24 priated for such payments for fiscal year 2021 be25 fore the date of enactment of this section, bore to 


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1 the amount allotted to the applicable State for such 

2 payments from any such appropriated funds. 

3 SEC. 2209. DEPARTMENT OF HEALTH AND HUMAN SERV4 ICES. 

5 (a) IN GENERAL.—In addition to amounts otherwise 

6 available, there is appropriated to the Department of 

7 Health and Human Services for fiscal year 2021, out of 

8 any money in the Treasury not otherwise appropriated, 

9 $425,000,000, to remain available until expended for the 

10 Secretary of Health and Human Services to allocate as 

11 such Secretary determines necessary for cost increases 

12 that result from the COVID–19 public health emergency 

13 in programs administered under the Administration for 

14 Children and Families that provide direct program serv15 ices to children. 

16 (b) DEFINITION.—In this section, the term 

17 ‘‘COVID–19 public health emergency’’ means the public 

18 health emergency declared by the Secretary of Health and 

19 Human Services under section 319 of the Public Health 

20 Service Act (42 U.S.C. 247d) on January 31, 2020, with 

21 respect to COVID–19, including any renewal of the dec22 laration. 


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1 SEC. 2210. CORPORATION FOR NATIONAL AND COMMUNITY 

2 SERVICE AND THE NATIONAL SERVICE 

3 TRUST. 

4 (a) CORPORATION FOR NATIONAL AND COMMUNITY

5 SERVICE.—In addition to amounts otherwise made avail6 able, there is appropriated for fiscal year 2021, out of any 

7 money in the Treasury not otherwise appropriated, 

8 $852,000,000, to remain available through September 30, 

9 2024, for necessary expenses under the Domestic Volun10 teer Service Act of 1973 (42 U.S.C. 4950 et seq.) and 

11 the National and Community Service Act of 1990 (42 

12 U.S.C. 12501 et seq.) notwithstanding sections 

13 198B(b)(3), 198S(g), and subparagraphs (C) and (F) of 

14 section 501(a)(4) of the National and Community Service 

15 Act of 1990 (42 U.S.C. 12653b(b)(3), 12653s(g), 

16 12681(a)(4)). 

17 (b) ALLOCATION OF AMOUNTS.—Amounts provided 

18 by subsection (a) shall be allocated as follows: 

19 (1) AMERICORPS STATE AND NATIONAL.— 

20 $620,000,000 shall be used— 

21 (A) to increase the living allowances, of 

22 participants in national service programs, de23 scribed in section 140 of the National and Com24 munity Service Act of 1990 (42 U.S.C. 12594); 

25 and 


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1 (B) to make funding adjustments to exist2 ing (as of the date of enactment of this Act) 

3 awards and award new and additional awards 

4 to organizations described in subsection (a) of 

5 section 121 of the National and Community 

6 Service Act of 1990 (42 U.S.C. 12571(a)), 

7 whether or not the entities are already grant re8 cipients under that section on the date of enact9 ment of this Act, and without regard to the re10 quirements of subsections (d) and (e) of such 

11 section 121, by— 

12 (i) prioritizing entities serving com13 munities disproportionately impacted by 

14 COVID–19 and utilizing culturally com15 petent and multilingual strategies in the 

16 provision of services; and 

17 (ii) taking into account the diversity 

18 of communities and participants served by 

19 such entities, including racial, ethnic, so20 cioeconomic, linguistic, or geographic diver21 sity. 

22 (2) STATE COMMISSIONS.—$20,000,000 shall 

23 be used to make adjustments to existing (as of the 

24 date of enactment of this Act) awards and new and 

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1 missions on National and Community Service, under 

2 section 126(a) of the National and Community Serv3 ice Act of 1990 (42 U.S.C. 12576(a)). 

4 (3) VOLUNTEER GENERATION FUND.— 

5 $20,000,000 shall be used for expenses authorized 

6 under section 501(a)(4)(F) of the National and 

7 Community Service Act of 1990 (42 U.S.C. 

8 12681(a)(4)(F)), which, notwithstanding section 

9 198P(d)(1)(B) of that Act (42 U.S.C. 

10 12653p(d)(1)(B)), shall be for grants awarded by 

11 the Corporation for National and Community Serv12 ice on a competitive basis. 

13 (4) AMERICORPS VISTA.—$80,000,000 shall be 

14 used for programs authorized under part A of title 

15 I of the Domestic Volunteer Service Act of 1973 (42 

16 U.S.C. 4951 et seq.), including to increase the living 

17 allowances of volunteers, described in section 105(b) 

18 of the Domestic Volunteer Service Act of 1973 (42 

19 U.S.C. 4955(b)). 

20 (5) NATIONAL SENIOR SERVICE CORPS.— 

21 $30,000,000 shall be used for programs authorized 

22 under title II of the Domestic Volunteer Service Act 

23 of 1973 (42 U.S.C. 5000 et seq.). 

24 (6) ADMINISTRATIVE COSTS.—$73,000,000 

25 shall, notwithstanding section 501(a)(5)(B) of the 


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1 National and Community Service Act of 1990 (42 

2 U.S.C. 12681(a)(5)(B)) and section 504(a) of the 

3 Domestic Volunteer Service Act of 1973 (42 U.S.C. 

4 5084(a)), be used for necessary expenses of adminis5 tration as provided under section 501(a)(5) of the 

6 National and Community Service Act of 1990 (42 

7 U.S.C. 12681(a)(5)), including administrative costs 

8 of the Corporation for National and Community 

9 Service associated with the provision of funds under 

10 paragraphs (1) through (5). 

11 (7) OFFICE OF INSPECTOR GENERAL.— 

12 $9,000,000 shall be used for the Office of Inspector 

13 General of the Corporation for National and Com14 munity Service for salaries and expenses necessary 

15 for oversight and audit of programs and activities 

16 funded by subsection (a). 

17 (c) NATIONAL SERVICE TRUST.—In addition to 

18 amounts otherwise made available, there is appropriated 

19 for fiscal year 2021, out of any money in the Treasury 

20 not otherwise appropriated, $148,000,000, to remain 

21 available until expended, for payment to and administra22 tion of the National Service Trust established in section 

23 145 of the National and Community Service Act of 1990 

24 (42 U.S.C. 12601). 


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1 Subtitle D—Child Nutrition & 

2 Related Programs 

3 SEC. 2301. IMPROVEMENTS TO WIC BENEFITS. 

4 (a) DEFINITIONS.—In this section: 

5 (1) APPLICABLE PERIOD.—The term ‘‘applica6 ble period’’ means a period— 

7 (A) beginning after the date of enactment 

8 of this Act, as selected by a State agency; and 

9 (B) ending not later than the earlier of— 

10 (i) 4 months after the date described 

11 in subparagraph (A); or 

12 (ii) September 30, 2021. 

13 (2) CASH-VALUE VOUCHER.—The term ‘‘cash14 value voucher’’ has the meaning given the term in 

15 section 246.2 of title 7, Code of Federal Regulations 

16 (as in effect on the date of the enactment of this 

17 Act). 

18 (3) PROGRAM.—The term ‘‘program’’ means 

19 the special supplemental nutrition program for 

20 women, infants, and children established by section 

21 17 of the Child Nutrition Act of 1966 (42 U.S.C. 

22 1786). 

23 (4) QUALIFIED FOOD PACKAGE.—The term 

24 ‘‘qualified food package’’ means each of the fol25 lowing food packages (as defined in section 


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1 246.10(e) of title 7, Code of Federal Regulations (as 

2 in effect on the date of the enactment of this Act)): 

3 (A) Food Package IV–Children 1 through 

4 4 years. 

5 (B) Food Package V–Pregnant and par6 tially (mostly) breastfeeding women. 

7 (C) Food Package VI–Postpartum women. 

8 (D) Food Package VII–Fully 

9 breastfeeding. 

10 (5) SECRETARY.—The term ‘‘Secretary’’ means 

11 the Secretary of Agriculture. 

12 (6) STATE AGENCY.—The term ‘‘State agency’’ 

13 has the meaning given the term in section 17(b) of 

14 the Child Nutrition Act of 1966 (42 U.S.C. 

15 1786(b)). 

16 (b) AUTHORITY TO INCREASE AMOUNT OF CASH17 VALUE VOUCHER.—During the public health emergency 

18 declared by the Secretary of Health and Human Services 

19 under section 319 of the Public Health Service Act (42 

20 U.S.C. 247d) on January 31, 2020, with respect to the 

21 Coronavirus Disease 2019 (COVID–19), and in response 

22 to challenges relating to that public health emergency, the 

23 Secretary may, in carrying out the program, increase the 

24 amount of a cash-value voucher under a qualified food 

25 package to an amount that is less than or equal to $35. 


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1 (c) APPLICATION OF INCREASED AMOUNT OF CASH2 VALUE VOUCHER TO STATE AGENCIES.— 

3 (1) NOTIFICATION.—An increase to the amount 

4 of a cash-value voucher under subsection (b) shall 

5 apply to any State agency that notifies the Secretary 

6 of— 

7 (A) the intent to use that increased 

8 amount, without further application; and 

9 (B) the applicable period selected by the 

10 State agency during which that increased 

11 amount shall apply. 

12 (2) USE OF INCREASED AMOUNT.—A State 

13 agency that makes a notification to the Secretary 

14 under paragraph (1) shall use the increased amount 

15 described in that paragraph— 

16 (A) during the applicable period described 

17 in that notification; and 

18 (B) only during a single applicable period. 

19 (d) SUNSET.—The authority of the Secretary under 

20 subsection (b), and the authority of a State agency to in21 crease the amount of a cash-value voucher under sub22 section (c), shall terminate on September 30, 2021. 

23 (e) FUNDING.—In addition to amounts otherwise 

24 made available, there is appropriated to the Secretary, out 

25 of funds in the Treasury not otherwise appropriated, 


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1 $490,000,000 to carry out this section, to remain available 

2 until September 30, 2022. 

3 SEC. 2302. WIC PROGRAM MODERNIZATION. 

4 In addition to amounts otherwise available, there are 

5 appropriated to the Secretary of Agriculture, out of 

6 amounts in the Treasury not otherwise appropriated, 

7 $390,000,000 for fiscal year 2021, to remain available 

8 until September 30, 2024, to carry out outreach, innova9 tion, and program modernization efforts, including appro10 priate waivers and flexibility, to increase participation in 

11 and redemption of benefits under programs established 

12 under section 17 of the Child Nutrition Act of 1966 (7 

13 U.S.C. 1431), except that such waivers may not relate to 

14 the content of the WIC Food Packages (as defined in sec15 tion 246.10(e) of title 7, Code of Federal Regulations (as 

16 in effect on the date of enactment of this Act)), or the 

17 nondiscrimination requirements under section 246.8 of 

18 title 7, Code of Federal Regulations (as in effect on the 

19 date of enactment of this Act). 

20 SEC. 2303. MEALS AND SUPPLEMENTS REIMBURSEMENTS 

21 FOR INDIVIDUALS WHO HAVE NOT ATTAINED 

22 THE AGE OF 25. 

23 (a) PROGRAM FOR AT-RISK SCHOOL CHILDREN.— 

24 Beginning on the date of enactment of this section, not25 withstanding paragraph (1)(A) of section 17(r) of the 


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1 Richard B. Russell National School Lunch Act (42 U.S.C. 

2 1766(r)), during the COVID–19 public health emergency 

3 declared under section 319 of the Public Health Service 

4 Act (42 U.S.C. 247d), the Secretary shall reimburse insti5 tutions that are emergency shelters under such section 

6 17(r) (42 U.S.C. 1766(r)) for meals and supplements 

7 served to individuals who, at the time of such service— 

8 (1) have not attained the age of 25; and 

9 (2) are receiving assistance, including non-resi10 dential assistance, from such emergency shelter. 

11 (b) PARTICIPATION BY EMERGENCY SHELTERS.— 

12 Beginning on the date of enactment of this section, not13 withstanding paragraph (5)(A) of section 17(t) of the 

14 Richard B. Russell National School Lunch Act (42 U.S.C. 

15 1766(t)), during the COVID–19 public health emergency 

16 declared under section 319 of the Public Health Service 

17 Act (42 U.S.C. 247d), the Secretary shall reimburse emer18 gency shelters under such section 17(t) (42 U.S.C. 

19 1766(t)) for meals and supplements served to individuals 

20 who, at the time of such service have not attained the age 

21 of 25. 

22 (c) DEFINITIONS.—In this section: 

23 (1) EMERGENCY SHELTER.—The term ‘‘emer24 gency shelter’’ has the meaning given the term 


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1 under section 17(t)(1) of the Richard B. Russell Na2 tional School Lunch Act (42 U.S.C. 1766(t)(1)). 

3 (2) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of Agriculture. 

5 SEC. 2304. PANDEMIC EBT PROGRAM. 

6 Section 1101 of the Families First Coronavirus Re7 sponse Act (7 U.S.C. 2011 note; Public Law 116–127) 

8 is amended— 

9 (1) in subsection (a)— 

10 (A) by striking ‘‘During fiscal years 2020 

11 and 2021’’ and inserting ‘‘In any school year in 

12 which there is a public health emergency des13 ignation’’; and 

14 (B) by inserting ‘‘or in a covered summer 

15 period following a school session’’ after ‘‘in ses16 sion’’; 

17 (2) by amending subsection (e) to read as fol18 lows: 

19 ‘‘(e) RELEASE OF INFORMATION.—Notwithstanding 

20 any provision of the Richard B. Russell National School 

21 Lunch Act (42 U.S.C. 1751 et seq.), the Secretary of Ag22 riculture may authorize State educational agencies and 

23 school food authorities administering a school lunch pro24 gram under such Act to release to appropriate officials 

25 administering the supplemental nutrition assistance proVerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319

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1 gram such information as may be necessary to carry out 

2 this section, including to carry out assistance during a cov3 ered summer period pursuant to subsection (i).’’; 

4 (3) in subsection (f)(2), in the paragraph head5 ing, by striking ‘‘FOR SCHOOL YEAR 2020–2021’’; 

6 (4) in subsection (g), by striking ‘‘During fiscal 

7 year 2020, the’’ and inserting ‘‘The’’; 

8 (5) in subsection (h)(1)— 

9 (A) by inserting ‘‘either’’ after ‘‘at least 1 

10 child enrolled in such a covered child care facil11 ity and’’; and 

12 (B) by inserting ‘‘or a Department of Agri13 culture grant-funded nutrition assistance pro14 gram in the Commonwealth of the Northern 

15 Mariana Islands, Puerto Rico, or American 

16 Samoa’’ before ‘‘shall be eligible to receive as17 sistance’’; 

18 (6) by redesignating subsections (i) and (j) as 

19 subsections (j) and (k), respectively; 

20 (7) by inserting after subsection (h) the fol21 lowing: 

22 ‘‘(i) EMERGENCIES DURING SUMMER.—The Sec23 retary of Agriculture may permit a State agency to extend 

24 a State agency plan approved under subsection (b) for not 

25 more than 90 days for the purpose of operating the plan 


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1 during a covered summer period, during which time 

2 schools participating in the school lunch program under 

3 the Richard B. Russell National School Lunch Act (42 

4 U.S.C. 1751 et seq.) or the school breakfast program 

5 under section 4 of the Child Nutrition Act of 1966 (42 

6 U.S.C. 1773 ) and covered child care facilities shall be 

7 deemed closed for purposes of this section.’’; 

8 (8) in subsection (j) (as so redesignated)— 

9 (A) by redesignating paragraphs (2) 

10 through (6) as paragraphs (3) through (7), re11 spectively; 

12 (B) by inserting after paragraph (1) the 

13 following: 

14 ‘‘(2) COVERED SUMMER PERIOD.—The term 

15 ‘covered summer period’ means a summer period 

16 that follows a school year during which there was a 

17 public health emergency designation.’’; and 

18 (C) in paragraph (5) (as so redesignated), 

19 by striking ‘‘or another coronavirus with pan20 demic potential’’; and 

21 (9) in subsection (k) (as so redesignated), by 

22 inserting ‘‘Federal agencies,’’ before ‘‘State agen23 cies’’. 


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1 Subtitle E—COBRA Continuation 

2 Coverage 

3 SEC. 2401. PRESERVING HEALTH BENEFITS FOR WORKERS. 

4 (a) PREMIUM ASSISTANCE FOR COBRA CONTINU5 ATION COVERAGE FOR INDIVIDUALS AND THEIR FAMI6 LIES.— 

7 (1) PROVISION OF PREMIUM ASSISTANCE.— 

8 (A) REDUCTION OF PREMIUMS PAY9 ABLE.—In the case of any premium for a pe10 riod of coverage during the period beginning on 

11 the first day of the first month beginning after 

12 the date of the enactment of this Act, and end13 ing on September 30, 2021, for COBRA con14 tinuation coverage with respect to any assist15 ance eligible individual described in paragraph 

16 (3), such individual shall be treated for pur17 poses of any COBRA continuation provision as 

18 having paid the amount of such premium if 

19 such individual pays (or any person other than 

20 such individual’s employer pays on behalf of 

21 such individual) 15 percent of the amount of 

22 such premium. 

23 (B) PLAN ENROLLMENT OPTION.— 

24 (i) IN GENERAL.—Notwithstanding 

25 the COBRA continuation provisions, any 


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1 assistance eligible individual who is en2 rolled in a group health plan offered by a 

3 plan sponsor may, not later than 90 days 

4 after the date of notice of the plan enroll5 ment option described in this subpara6 graph, elect to enroll in coverage under a 

7 plan offered by such plan sponsor that is 

8 different than coverage under the plan in 

9 which such individual was enrolled at the 

10 time, in the case of any assistance eligible 

11 individual described in paragraph (3), the 

12 qualifying event specified in section 603(2) 

13 of the Employee Retirement Income Secu14 rity Act of 1974, section 4980B(f)(3)(B) 

15 of the Internal Revenue Code of 1986, or 

16 section 2203(2) of the Public Health Serv17 ice Act, except for the voluntary termi18 nation of such individual’s employment by 

19 such individual, occurred, and such cov20 erage shall be treated as COBRA continu21 ation coverage for purposes of the applica22 ble COBRA continuation coverage provi23 sion. 

24 (ii) REQUIREMENTS.—Any assistance 

25 eligible individual may elect to enroll in 


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1 different coverage as described in clause (i) 

2 only if— 

3 (I) the employer involved has 

4 made a determination that such em5 ployer will permit such assistance eli6 gible individual to enroll in different 

7 coverage as provided under this sub8 paragraph; 

9 (II) the premium for such dif10 ferent coverage does not exceed the 

11 premium for coverage in which such 

12 individual was enrolled at the time 

13 such qualifying event occurred; 

14 (III) the different coverage in 

15 which the individual elects to enroll is 

16 coverage that is also offered to simi17 larly situated active employees of the 

18 employer at the time at which such 

19 election is made; and 

20 (IV) the different coverage in 

21 which the individual elects to enroll is 

22 not— 

23 (aa) coverage that provides 

24 only excepted benefits as defined 

25 in section 9832(c) of the Internal 


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1 Revenue Code of 1986, section 

2 733(c) of the Employee Retire3 ment Income Security Act of 

4 1974, and section 2791(c) of the 

5 Public Health Service Act; 

6 (bb) a qualified small em7 ployer health reimbursement ar8 rangement (as defined in section 

9 9831(d)(2) of the Internal Rev10 enue Code of 1986); or 

11 (cc) a flexible spending ar12 rangement (as defined in section 

13 106(c)(2) of the Internal Rev14 enue Code of 1986). 

15 (2) LIMITATION OF PERIOD OF PREMIUM AS16 SISTANCE.— 

17 (A) ELIGIBILITY FOR ADDITIONAL COV18 ERAGE.—Paragraph (1)(A) shall not apply with 

19 respect to any assistance eligible individual de20 scribed in paragraph (3) for months of coverage 

21 beginning on or after the earlier of— 

22 (i) the first date that such individual 

23 is eligible for coverage under any other 

24 group health plan (other than coverage 

25 consisting of only excepted benefits (as deVerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00100 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319

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1 fined in section 9832(c) of the Internal 

2 Revenue Code of 1986, section 733(c) of 

3 the Employee Retirement Income Security 

4 Act of 1974, and section 2791(c) of the 

5 Public Health Service Act), coverage under 

6 a flexible spending arrangement (as de7 fined in section 106(c)(2) of the Internal 

8 Revenue Code of 1986), coverage under a 

9 qualified small employer health reimburse10 ment arrangement (as defined in section 

11 9831(d)(2) of the Internal Revenue Code 

12 of 1986)), or eligible for benefits under the 

13 Medicare program under title XVIII of the 

14 Social Security Act; or 

15 (ii) the earlier of— 

16 (I) the date following the expira17 tion of the maximum period of con18 tinuation coverage required under the 

19 applicable COBRA continuation cov20 erage provision; or 

21 (II) the date following the expira22 tion of the period of continuation cov23 erage allowed under paragraph 

24 (4)(B)(ii). 


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1 (B) NOTIFICATION REQUIREMENT.—Any 

2 assistance eligible individual shall notify the 

3 group health plan with respect to which para4 graph (1)(A) applies if such paragraph ceases 

5 to apply by reason of clause (i) of subparagraph 

6 (A). Such notice shall be provided to the group 

7 health plan in such time and manner as may be 

8 specified by the Secretary of Labor. 

9 (3) ASSISTANCE ELIGIBLE INDIVIDUAL.—For 

10 purposes of this section, the term ‘‘assistance eligible 

11 individual’’ means, with respect to a period of cov12 erage during the period beginning on the first day 

13 of the first month beginning after the date of the en14 actment of this Act, and ending on September 30, 

15 2021, any individual that is a qualified beneficiary 

16 who— 

17 (A) is eligible for COBRA continuation 

18 coverage by reason of a qualifying event speci19 fied in section 603(2) of the Employee Retire20 ment Income Security Act of 1974, section 

21 4980B(f)(3)(B) of the Internal Revenue Code 

22 of 1986, or section 2203(2) of the Public 

23 Health Service Act, except for the voluntary 

24 termination of such individual’s employment by 

25 such individual; and 


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1 (B) elects such coverage. 

2 (4) EXTENSION OF ELECTION PERIOD AND EF3 FECT ON COVERAGE.— 

4 (A) IN GENERAL.—For purposes of apply5 ing section 605(a) of the Employee Retirement 

6 Income Security Act of 1974, section 

7 4980B(f)(5)(A) of the Internal Revenue Code 

8 of 1986, and section 2205(a) of the Public 

9 Health Service Act, in the case of— 

10 (i) an individual who does not have an 

11 election of COBRA continuation coverage 

12 in effect on the first day of the first month 

13 beginning after the date of the enactment 

14 of this Act but who would be an assistance 

15 eligible individual described in paragraph 

16 (3) if such election were so in effect; or 

17 (ii) an individual who elected COBRA 

18 continuation coverage and discontinued 

19 from such coverage before the first day of 

20 the first month beginning after the date of 

21 the enactment of this Act, 

22 such individual may elect the COBRA continu23 ation coverage under the COBRA continuation 

24 coverage provisions containing such provisions 

25 during the period beginning on the first day of 


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1 the first month beginning after the date of the 

2 enactment of this Act and ending 60 days after 

3 the date on which the notification required 

4 under paragraph (6)(C) is provided to such in5 dividual. 

6 (B) COMMENCEMENT OF COBRA CONTINU7 ATION COVERAGE.—Any COBRA continuation 

8 coverage elected by a qualified beneficiary dur9 ing an extended election period under subpara10 graph (A)— 

11 (i) shall commence (including for pur12 poses of applying the treatment of pre13 mium payments under paragraph (1)(A) 

14 and any cost-sharing requirements for 

15 items and services under a group health 

16 plan) with the first period of coverage be17 ginning on or after the first day of the 

18 first month beginning after the date of the 

19 enactment of this Act, and 

20 (ii) shall not extend beyond the period 

21 of COBRA continuation coverage that 

22 would have been required under the appli23 cable COBRA continuation coverage provi24 sion if the coverage had been elected as re25 quired under such provision. 


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1 (5) EXPEDITED REVIEW OF DENIALS OF PRE2 MIUM ASSISTANCE.—In any case in which an indi3 vidual requests treatment as an assistance eligible 

4 individual described in paragraph (3) and is denied 

5 such treatment by the group health plan, the Sec6 retary of Labor (or the Secretary of Health and 

7 Human Services in connection with COBRA con8 tinuation coverage which is provided other than pur9 suant to part 6 of subtitle B of title I of the Em10 ployee Retirement Income Security Act of 1974), in 

11 consultation with the Secretary of the Treasury, 

12 shall provide for expedited review of such denial. An 

13 individual shall be entitled to such review upon ap14 plication to such Secretary in such form and manner 

15 as shall be provided by such Secretary, in consulta16 tion with the Secretary of the Treasury. Such Sec17 retary shall make a determination regarding such in18 dividual’s eligibility within 15 business days after re19 ceipt of such individual’s application for review 

20 under this paragraph. Such Secretary’s determina21 tion upon review of the denial shall be de novo and 

22 shall be the final determination of such Secretary. A 

23 reviewing court shall grant deference to such Sec24 retary’s determination. The provisions of this para25 graph, paragraphs (1) through (4), and paragraphs 


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1 (6) through (7) shall be treated as provisions of title 

2 I of the Employee Retirement Income Security Act 

3 of 1974 for purposes of part 5 of subtitle B of such 

4 title. 

5 (6) NOTICES TO INDIVIDUALS.— 

6 (A) GENERAL NOTICE.— 

7 (i) IN GENERAL.—In the case of no8 tices provided under section 606(a)(4) of 

9 the Employee Retirement Income Security 

10 Act of 1974 (29 U.S.C. 1166(4)), section 

11 4980B(f)(6)(D) of the Internal Revenue 

12 Code of 1986, or section 2206(4) of the 

13 Public Health Service Act (42 U.S.C. 

14 300bb–6(4)), with respect to individuals 

15 who, during the period described in para16 graph (3), become entitled to elect COBRA 

17 continuation coverage, the requirements of 

18 such provisions shall not be treated as met 

19 unless such notices include an additional 

20 written notification to the recipient in clear 

21 and understandable language of— 

22 (I) the availability of premium 

23 assistance with respect to such cov24 erage under this subsection; and 


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1 (II) the option to enroll in dif2 ferent coverage if the employer per3 mits assistance eligible individuals de4 scribed in paragraph (3) to elect en5 rollment in different coverage (as de6 scribed in paragraph (1)(B)). 

7 (ii) ALTERNATIVE NOTICE.—In the 

8 case of COBRA continuation coverage to 

9 which the notice provision under such sec10 tions does not apply, the Secretary of 

11 Labor, in consultation with the Secretary 

12 of the Treasury and the Secretary of 

13 Health and Human Services, shall, in con14 sultation with administrators of the group 

15 health plans (or other entities) that provide 

16 or administer the COBRA continuation 

17 coverage involved, provide rules requiring 

18 the provision of such notice. 

19 (iii) FORM.—The requirement of the 

20 additional notification under this subpara21 graph may be met by amendment of exist22 ing notice forms or by inclusion of a sepa23 rate document with the notice otherwise 

24 required. 


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1 (B) SPECIFIC REQUIREMENTS.—Each ad2 ditional notification under subparagraph (A) 

3 shall include— 

4 (i) the forms necessary for estab5 lishing eligibility for premium assistance 

6 under this subsection; 

7 (ii) the name, address, and telephone 

8 number necessary to contact the plan ad9 ministrator and any other person main10 taining relevant information in connection 

11 with such premium assistance; 

12 (iii) a description of the extended elec13 tion period provided for in paragraph 

14 (4)(A); 

15 (iv) a description of the obligation of 

16 the qualified beneficiary under paragraph 

17 (2)(B) and the penalty provided under sec18 tion 6720C of the Internal Revenue Code 

19 of 1986 for failure to carry out the obliga20 tion; 

21 (v) a description, displayed in a 

22 prominent manner, of the qualified bene23 ficiary’s right to a reduced premium and 

24 any conditions on entitlement to the re25 duced premium; and 


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1 (vi) a description of the option of the 

2 qualified beneficiary to enroll in different 

3 coverage if the employer permits such ben4 eficiary to elect to enroll in such different 

5 coverage under paragraph (1)(B). 

6 (C) NOTICE IN CONNECTION WITH EX7 TENDED ELECTION PERIODS.—In the case of 

8 any assistance eligible individual described in 

9 paragraph (3) (or any individual described in 

10 paragraph (4)(A)) who became entitled to elect 

11 COBRA continuation coverage before the first 

12 day of the first month beginning after the date 

13 of the enactment of this Act, the administrator 

14 of the applicable group health plan (or other 

15 entity) shall provide (within 60 days after such 

16 first day of such first month) for the additional 

17 notification required to be provided under sub18 paragraph (A) and failure to provide such no19 tice shall be treated as a failure to meet the no20 tice requirements under the applicable COBRA 

21 continuation provision. 

22 (D) MODEL NOTICES.—Not later than 30 

23 days after the date of enactment of this Act, 

24 with respect to any assistance eligible individual 

25 described in paragraph (3), the Secretary of 


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1 Labor, in consultation with the Secretary of the 

2 Treasury and the Secretary of Health and 

3 Human Services, shall prescribe models for the 

4 additional notification required under this para5 graph. 

6 (7) NOTICE OF EXPIRATION OF PERIOD OF

7 PREMIUM ASSISTANCE.— 

8 (A) IN GENERAL.—With respect to any as9 sistance eligible individual, subject to subpara10 graph (B), the requirements of section 

11 606(a)(4) of the Employee Retirement Income 

12 Security Act of 1974 (29 U.S.C. 1166(4)), sec13 tion 4980B(f)(6)(D) of the Internal Revenue 

14 Code of 1986, or section 2206(4) of the Public 

15 Health Service Act (42 U.S.C. 300bb–6(4)), 

16 shall not be treated as met unless the plan ad17 ministrator of the individual, during the period 

18 specified under subparagraph (C), provides to 

19 such individual a written notice in clear and un20 derstandable language— 

21 (i) that the premium assistance for 

22 such individual will expire soon and the 

23 prominent identification of the date of 

24 such expiration; and 


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1 (ii) that such individual may be eligi2 ble for coverage without any premium as3 sistance through— 

4 (I) COBRA continuation cov5 erage; or 

6 (II) coverage under a group 

7 health plan. 

8 (B) EXCEPTION.—The requirement for the 

9 group health plan administrator to provide the 

10 written notice under subparagraph (A) shall be 

11 waived if the premium assistance for such indi12 vidual expires pursuant to clause (i) of para13 graph (2)(A). 

14 (C) PERIOD SPECIFIED.—For purposes of 

15 subparagraph (A), the period specified in this 

16 subparagraph is, with respect to the date of ex17 piration of premium assistance for any assist18 ance eligible individual pursuant to a limitation 

19 requiring a notice under this paragraph, the pe20 riod beginning on the day that is 45 days before 

21 the date of such expiration and ending on the 

22 day that is 15 days before the date of such ex23 piration. 

24 (D) MODEL NOTICES.—Not later than 45 

25 days after the date of enactment of this Act, 


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1 with respect to any assistance eligible indi2 vidual, the Secretary of Labor, in consultation 

3 with the Secretary of the Treasury and the Sec4 retary of Health and Human Services, shall 

5 prescribe models for the notification required 

6 under this paragraph. 

7 (8) REGULATIONS.—The Secretary of the 

8 Treasury and the Secretary of Labor may jointly 

9 prescribe such regulations or other guidance as may 

10 be necessary or appropriate to carry out the provi11 sions of this subsection, including the prevention of 

12 fraud and abuse under this subsection, except that 

13 the Secretary of Labor and the Secretary of Health 

14 and Human Services may prescribe such regulations 

15 (including interim final regulations) or other guid16 ance as may be necessary or appropriate to carry 

17 out the provisions of paragraphs (5), (6), (7), and 

18 (9). 

19 (9) OUTREACH.— 

20 (A) IN GENERAL.—The Secretary of 

21 Labor, in consultation with the Secretary of the 

22 Treasury and the Secretary of Health and 

23 Human Services, shall provide outreach con24 sisting of public education and enrollment as25 sistance relating to premium assistance proVerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00112 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319

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1 vided under this subsection. Such outreach shall 

2 target employers, group health plan administra3 tors, public assistance programs, States, insur4 ers, and other entities as determined appro5 priate by such Secretaries. Such outreach shall 

6 include an initial focus on those individuals 

7 electing continuation coverage who are referred 

8 to in paragraph (6)(C). Information on such 

9 premium assistance, including enrollment, shall 

10 also be made available on websites of the De11 partments of Labor, Treasury, and Health and 

12 Human Services. 

13 (B) ENROLLMENT UNDER MEDICARE.— 

14 The Secretary of Health and Human Services 

15 shall provide outreach consisting of public edu16 cation. Such outreach shall target individuals 

17 who lose health insurance coverage. Such out18 reach shall include information regarding en19 rollment for benefits under title XVIII of the 

20 Social Security Act (42 U.S.C. 1395 et seq.) for 

21 purposes of preventing mistaken delays of such 

22 enrollment by such individuals, including life23 time penalties for failure of timely enrollment. 

24 (10) DEFINITIONS.—For purposes of this sec25 tion: 


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1 (A) ADMINISTRATOR.—The term ‘‘admin2 istrator’’ has the meaning given such term in 

3 section 3(16)(A) of the Employee Retirement 

4 Income Security Act of 1974. 

5 (B) COBRA CONTINUATION COVERAGE.— 

6 The term ‘‘COBRA continuation coverage’’ 

7 means continuation coverage provided pursuant 

8 to part 6 of subtitle B of title I of the Em9 ployee Retirement Income Security Act of 1974 

10 (other than under section 609), title XXII of 

11 the Public Health Service Act, or section 

12 4980B of the Internal Revenue Code of 1986 

13 (other than subsection (f)(1) of such section in14 sofar as it relates to pediatric vaccines), or 

15 under a State program that provides com16 parable continuation coverage. Such term does 

17 not include coverage under a health flexible 

18 spending arrangement under a cafeteria plan 

19 within the meaning of section 125 of the Inter20 nal Revenue Code of 1986. 

21 (C) COBRA CONTINUATION PROVISION.— 

22 The term ‘‘COBRA continuation provision’’ 

23 means the provisions of law described in sub24 paragraph (B). 


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1 (D) COVERED EMPLOYEE.—The term 

2 ‘‘covered employee’’ has the meaning given such 

3 term in section 607(2) of the Employee Retire4 ment Income Security Act of 1974. 

5 (E) QUALIFIED BENEFICIARY.—The term 

6 ‘‘qualified beneficiary’’ has the meaning given 

7 such term in section 607(3) of the Employee 

8 Retirement Income Security Act of 1974. 

9 (F) GROUP HEALTH PLAN.—The term 

10 ‘‘group health plan’’ has the meaning given 

11 such term in section 607(1) of the Employee 

12 Retirement Income Security Act of 1974. 

13 (G) STATE.—The term ‘‘State’’ includes 

14 the District of Columbia, the Commonwealth of 

15 Puerto Rico, the Virgin Islands, Guam, Amer16 ican Samoa, and the Commonwealth of the 

17 Northern Mariana Islands. 

18 (H) PERIOD OF COVERAGE.—Any ref19 erence in this subsection to a period of coverage 

20 shall be treated as a reference to a monthly or 

21 shorter period of coverage with respect to which 

22 premiums are charged with respect to such cov23 erage. 

24 (I) PLAN SPONSOR.—The term ‘‘plan 

25 sponsor’’ has the meaning given such term in 


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1 section 3(16)(B) of the Employee Retirement 

2 Income Security Act of 1974. 

3 (J) PREMIUM.—The term ‘‘premium’’ in4 cludes, with respect to COBRA continuation 

5 coverage, any administrative fee. 

6 (11) IMPLEMENTATION FUNDING.—In addition 

7 to amounts otherwise made available, out of any 

8 funds in the Treasury not otherwise appropriated, 

9 there are appropriated to the Secretary of Labor for 

10 fiscal year 2021, $10,000,000, to remain available 

11 until expended, for the Employee Benefits Security 

12 Administration to carry out the provisions of this 

13 subtitle. 

14 (b) COBRA PREMIUM ASSISTANCE.— 

15 (1) ALLOWANCE OF CREDIT.— 

16 (A) IN GENERAL.—Subchapter B of chap17 ter 65 of the Internal Revenue Code of 1986 is 

18 amended by adding at the end the following 

19 new section: 

20 ‘‘SEC. 6432. CONTINUATION COVERAGE PREMIUM ASSIST21 ANCE. 

22 ‘‘(a) IN GENERAL.—The person to whom premiums 

23 are payable for continuation coverage under section 

24 2401(a)(1) of the American Rescue Plan Act of 2021 shall 

25 be allowed as a credit against the tax imposed by section 


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1 3111(b), or so much of the taxes imposed under section 

2 3221(a) as are attributable to the rate in effect under sec3 tion 3111(b), for each calendar quarter an amount equal 

4 to the premiums not paid by assistance eligible individuals 

5 for such coverage by reason of such section 2401(a)(1) 

6 with respect to such calendar quarter. 

7 ‘‘(b) PERSON TO WHOM PREMIUMS ARE PAYABLE.— 

8 For purposes of subsection (a), except as otherwise pro9 vided by the Secretary, the person to whom premiums are 

10 payable under such continuation coverage shall be treated 

11 as being— 

12 ‘‘(1) in the case of any group health plan which 

13 is a multiemployer plan (as defined in section 3(37) 

14 of the Employee Retirement Income Security Act of 

15 1974), the plan, 

16 ‘‘(2) in the case of any group health plan not 

17 described in paragraph (1), and under which some 

18 or all of the coverage is not provided by insurance, 

19 the employer maintaining the plan, and 

20 ‘‘(3) in the case of any group health plan not 

21 described in paragraph (1) or (2), the insurer pro22 viding the coverage under the group health plan. 

23 ‘‘(c) LIMITATIONS AND REFUNDABILITY.— 

24 ‘‘(1) CREDIT LIMITED TO CERTAIN EMPLOY25 MENT TAXES.—The credit allowed by subsection (a) 


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1 with respect to any calendar quarter shall not exceed 

2 the tax imposed by section 3111(b), or so much of 

3 the taxes imposed under section 3221(a) as are at4 tributable to the rate in effect under section 

5 3111(b), for such calendar quarter (reduced by any 

6 credits allowed against such taxes under sections 

7 7001 and 7003 of the Families First Coronavirus 

8 Response Act and section 2301 of the CARES Act) 

9 on the wages paid with respect to the employment 

10 of all employees of the employer. 

11 ‘‘(2) REFUNDABILITY OF EXCESS CREDIT.— 

12 ‘‘(A) CREDIT IS REFUNDABLE.—If the 

13 amount of the credit under subsection (a) ex14 ceeds the limitation of paragraph (1) for any 

15 calendar quarter, such excess shall be treated 

16 as an overpayment that shall be refunded under 

17 sections 6402(a) and 6413(b). 

18 ‘‘(B) CREDIT MAY BE ADVANCED.—In an19 ticipation of the credit, including the refundable 

20 portion under subparagraph (A), the credit may 

21 be advanced, according to forms and instruc22 tions provided by the Secretary, up to an 

23 amount calculated under subsection (a) through 

24 the end of the most recent payroll period in the 

25 quarter. 


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1 ‘‘(C) TREATMENT OF DEPOSITS.—The 

2 Secretary shall waive any penalty under section 

3 6656 for any failure to make a deposit of the 

4 tax imposed by section 3111(b), or so much of 

5 the taxes imposed under section 3221(a) as are 

6 attributable to the rate in effect under section 

7 3111(b), if the Secretary determines that such 

8 failure was due to the anticipation of the credit 

9 allowed under this section. 

10 ‘‘(D) TREATMENT OF PAYMENTS.—For 

11 purposes of section 1324 of title 31, United 

12 States Code, any amounts due to an employer 

13 under this paragraph shall be treated in the 

14 same manner as a refund due from a credit 

15 provision referred to in subsection (b)(2) of 

16 such section. 

17 ‘‘(3) OVERSTATEMENTS.—Any overstatement of 

18 the credit to which a person is entitled under this 

19 section (and any amount paid by the Secretary as a 

20 result of such overstatement) shall be treated as an 

21 underpayment by such person of the taxes described 

22 in paragraph (1) and may be assessed and collected 

23 by the Secretary in the same manner as such taxes. 

24 ‘‘(d) GOVERNMENTAL ENTITIES.—For purposes of 

25 this section, the term ‘person’ includes the government of 


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1 any State or political subdivision thereof, any Indian tribal 

2 government (as defined in section 139E(c)(1)), any agency 

3 or instrumentality of any of the foregoing, and any agency 

4 or instrumentality of the Government of the United States 

5 that is described in section 501(c)(1) and exempt from 

6 taxation under section 501(a). 

7 ‘‘(e) DENIAL OF DOUBLE BENEFIT.—For purposes 

8 of chapter 1, the gross income of any person allowed a 

9 credit under this section shall be increased for the taxable 

10 year which includes the last day of any calendar quarter 

11 with respect to which such credit is allowed by the amount 

12 of such credit. No amount for which a credit is allowed 

13 under this section shall be taken into account as qualified 

14 wages under section 2301 of the CARES Act or as quali15 fied health plan expenses under section 7001(d) or 

16 7003(d) of the Families First Coronavirus Response Act. 

17 ‘‘(f) REGULATIONS.—The Secretary shall issue such 

18 regulations, or other guidance, forms, instructions, and 

19 publications, as may be necessary or appropriate to carry 

20 out this section, including— 

21 ‘‘(1) the requirement to report information or 

22 the establishment of other methods for verifying the 

23 correct amounts of reimbursements under this sec24 tion, 


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1 ‘‘(2) the application of this section to group 

2 health plans that are multiemployer plans (as de3 fined in section 3(37) of the Employee Retirement 

4 Income Security Act of 1974), 

5 ‘‘(3) to allow the advance payment of the credit 

6 determined under subsection (a), subject to the limi7 tations provided in this section, based on such infor8 mation as the Secretary shall require, 

9 ‘‘(4) to provide for the reconciliation of such 

10 advance payment with the amount of the credit at 

11 the time of filing the return of tax for the applicable 

12 quarter or taxable year, and 

13 ‘‘(5) allowing the credit to third party payors 

14 (including professional employer organizations, cer15 tified professional employer organizations, or agents 

16 under section 3504).’’. 

17 (B) CLERICAL AMENDMENT.—The table of 

18 sections for subchapter B of chapter 65 of the 

19 Internal Revenue Code of 1986 is amended by 

20 adding at the end the following new item: 

‘‘Sec. 6432. Continuation coverage premium assistance.’’. 

21 (C) EFFECTIVE DATE.—The amendments 

22 made by this paragraph shall apply to pre23 miums to which subsection (a)(1)(A) applies 

24 and wages paid on or after April 1, 2021. 


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1 (D) SPECIAL RULE IN CASE OF EMPLOYEE

2 PAYMENT THAT IS NOT REQUIRED UNDER THIS

3 SECTION.— 

4 (i) IN GENERAL.—In the case of an 

5 assistance eligible individual who pays, 

6 with respect any period of coverage to 

7 which subsection (a)(1)(A) applies, the 

8 amount of the premium for such coverage 

9 that the individual would have (but for this 

10 Act) been required to pay, the person to 

11 whom such payment is payable shall reim12 burse such individual for the amount of 

13 such premium paid in excess of the 

14 amount required to be paid under sub15 section (a)(1)(A). 

16 (ii) CREDIT OF REIMBURSEMENT.—A 

17 person to which clause (i) applies shall be 

18 allowed a credit in the manner provided 

19 under section 6432 of the Internal Rev20 enue Code of 1986 for any payment made 

21 to the employee under such clause. 

22 (iii) PAYMENT OF CREDITS.—Any 

23 person to which clause (i) applies shall 

24 make the payment required under such 

25 clause to the individual not later than 60 


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1 days after the date on which such indi2 vidual elects continuation coverage under 

3 subsection (a)(1). 

4 (2) PENALTY FOR FAILURE TO NOTIFY HEALTH

5 PLAN OF CESSATION OF ELIGIBILITY FOR PREMIUM

6 ASSISTANCE.— 

7 (A) IN GENERAL.—Part I of subchapter B 

8 of chapter 68 of the Internal Revenue Code of 

9 1986 is amended by adding at the end the fol10 lowing new section: 

11 ‘‘SEC. 6720C. PENALTY FOR FAILURE TO NOTIFY HEALTH 

12 PLAN OF CESSATION OF ELIGIBILITY FOR 

13 CONTINUATION COVERAGE PREMIUM ASSIST14 ANCE. 

15 ‘‘(a) IN GENERAL.—Except in the case of a failure 

16 described in subsection (b) or (c), any person required to 

17 notify a group health plan under section 2401(a)(2)(B) 

18 of the American Rescue Plan Act of 2021 who fails to 

19 make such a notification at such time and in such manner 

20 as the Secretary of Labor may require shall pay a penalty 

21 of $250 for each such failure. 

22 ‘‘(b) INTENTIONAL FAILURE.—In the case of any 

23 such failure that is fraudulent, such person shall pay a 

24 penalty equal to the greater of— 

25 ‘‘(1) $250, or 


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1 ‘‘(2) 110 percent of the premium assistance 

2 provided under section 9501(a)(1)(A) of the Amer3 ican Rescue Plan Act of 2021 after termination of 

4 eligibility under such section. 

5 ‘‘(c) REASONABLE CAUSE EXCEPTION.—No penalty 

6 shall be imposed under this section with respect to any 

7 failure if it is shown that such failure is due to reasonable 

8 cause and not to willful neglect.’’. 

9 (B) CLERICAL AMENDMENT.—The table of 

10 sections of part I of subchapter B of chapter 68 

11 of such Code is amended by adding at the end 

12 the following new item: 

‘‘Sec. 6720C. Penalty for failure to notify health plan of cessation of eligibility 

for continuation coverage premium assistance.’’. 

13 (3) COORDINATION WITH HCTC.— 

14 (A) IN GENERAL.—Section 35(g)(9) of the 

15 Internal Revenue Code of 1986 is amended to 

16 read as follows: 

17 ‘‘(9) CONTINUATION COVERAGE PREMIUM AS18 SISTANCE.—In the case of an assistance eligible in19 dividual who receives premium assistance for con20 tinuation coverage under section 2401(a)(1) of the 

21 American Rescue Plan Act of 2021 for any month 

22 during the taxable year, such individual shall not be 

23 treated as an eligible individual, a certified indi24 vidual, or a qualifying family member for purposes 


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1 of this section or section 7527 with respect to such 

2 month.’’. 

3 (B) EFFECTIVE DATE.—The amendment 

4 made by subparagraph (A) shall apply to tax5 able years ending after the date of the enact6 ment of this Act. 

7 (4) EXCLUSION OF CONTINUATION COVERAGE

8 PREMIUM ASSISTANCE FROM GROSS INCOME.— 

9 (A) IN GENERAL.—Part III of subchapter 

10 B of chapter 1 of the Internal Revenue Code of 

11 1986 is amended by inserting after section 

12 139H the following new section: 

13 ‘‘SEC. 139I. CONTINUATION COVERAGE PREMIUM ASSIST14 ANCE. 

15 ‘‘In the case of an assistance eligible individual (as 

16 defined in subsection (a)(3) of section 2401 of the Amer17 ican Rescue Plan Act of 2021), gross income does not in18 clude any premium assistance provided under subsection 

19 (a)(1) of such section.’’. 

20 (B) CLERICAL AMENDMENT.—The table of 

21 sections for part III of subchapter B of chapter 

22 1 of such Code is amended by inserting after 

23 the item relating to section 139H the following 

24 new item: 

‘‘Sec. 139I. Continuation coverage premium assistance.’’. 


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1 (C) EFFECTIVE DATE.—The amendments 

2 made by this paragraph shall apply to taxable 

3 years ending after the date of the enactment of 

4 this Act. 

5 TITLE III—COMMITTEE ON 

6 ENERGY AND COMMERCE 

7 Subtitle A—Public Health 

8 CHAPTER 1—VACCINES AND 

9 THERAPEUTICS 

10 SEC. 3001. FUNDING FOR COVID–19 VACCINE ACTIVITIES AT 

11 THE CENTERS FOR DISEASE CONTROL AND 

12 PREVENTION. 

13 (a) IN GENERAL.—In addition to amounts otherwise 

14 available, there is appropriated to the Secretary of Health 

15 and Human Services (in this subtitle referred to as the 

16 ‘‘Secretary’’) for fiscal year 2021, out of any money in 

17 the Treasury not otherwise appropriated, $7,500,000,000, 

18 to remain available until expended, to carry out activities 

19 to plan, prepare for, promote, distribute, administer, mon20 itor, and track COVID–19 vaccines. 

21 (b) USE OF FUNDS.—The Secretary, acting through 

22 the Director of the Centers for Disease Control and Pre23 vention, and in consultation with other agencies, as appli24 cable, shall, in conducting activities referred to in sub25 section (a)— 


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1 (1) conduct activities to enhance, expand, and 

2 improve nationwide COVID–19 vaccine distribution 

3 and administration, including activities related to 

4 distribution of ancillary medical products and sup5 plies related to vaccines; and 

6 (2) provide technical assistance, guidance, and 

7 support to, and award grants or cooperative agree8 ments to, State, local, Tribal, and territorial public 

9 health departments for enhancement of COVID–19 

10 vaccine distribution and administration capabilities, 

11 including— 

12 (A) the distribution and administration of 

13 vaccines licensed under section 351 of the Pub14 lic Health Service Act (42 U.S.C. 262) or au15 thorized under section 564 of the Federal Food, 

16 Drug, and Cosmetic Act (21 U.S.C. 360bbb–3) 

17 and ancillary medical products and supplies re18 lated to vaccines; 

19 (B) the establishment and expansion, in20 cluding staffing support, of community vaccina21 tion centers, particularly in underserved areas; 

22 (C) the deployment of mobile vaccination 

23 units, particularly in underserved areas; 

24 (D) information technology, data, and re25 porting enhancements, including improvements 


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1 necessary to support sharing of data related to 

2 vaccine distribution and vaccinations and sys3 tems that enhance vaccine safety, effectiveness, 

4 and uptake, particularly among underserved 

5 populations; 

6 (E) facilities enhancements; and 

7 (F) communication with the public regard8 ing when, where, and how to receive COVID– 

9 19 vaccines. 

10 SEC. 3002. FUNDING FOR VACCINE CONFIDENCE ACTIVI11 TIES. 

12 In addition to amounts otherwise available, there is 

13 appropriated to the Secretary for fiscal year 2021, out of 

14 any money in the Treasury not otherwise appropriated, 

15 $1,000,000,000, to remain available until expended, to 

16 carry out activities, acting through the Director of the 

17 Centers for Disease Control and Prevention— 

18 (1) to strengthen vaccine confidence in the 

19 United States, including its territories and posses20 sions; 

21 (2) to provide further information and edu22 cation with respect to vaccines licensed under section 

23 351 of the Public Health Service Act (42 U.S.C. 

24 262) or authorized under section 564 of the Federal 


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1 Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb– 

2 3); and 

3 (3) to improve rates of vaccination throughout 

4 the United States, including its territories and pos5 sessions, including through activities described in 

6 section 313 of the Public Health Service Act, as 

7 amended by section 311 of division BB of the Con8 solidated Appropriations Act, 2021 (Public Law 

9 116–260). 

10 SEC. 3003. FUNDING FOR SUPPLY CHAIN FOR COVID–19 

11 VACCINES, THERAPEUTICS, AND MEDICAL 

12 SUPPLIES. 

13 In addition to amounts otherwise available, there is 

14 appropriated to the Secretary for fiscal year 2021, out of 

15 any money in the Treasury not otherwise appropriated, 

16 $5,200,000,000, to remain available until expended, for 

17 necessary expenses with respect to research, development, 

18 manufacturing, production, and the purchase of vaccines, 

19 therapeutics, and ancillary medical products and supplies 

20 to prevent, prepare, or respond to— 

21 (1) SARS–CoV–2 or any viral variant mutating 

22 therefrom with pandemic potential; and 

23 (2) COVID–19 or any disease with potential for 

24 creating a pandemic. 


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1 SEC. 3004. FUNDING FOR COVID–19 VACCINE, THERA2 PEUTIC, AND DEVICE ACTIVITIES AT THE 

3 FOOD AND DRUG ADMINISTRATION. 

4 In addition to amounts otherwise available, there is 

5 appropriated to the Secretary for fiscal year 2021, out of 

6 any money in the Treasury not otherwise appropriated, 

7 $500,000,000, to remain available until expended, to be 

8 used for the evaluation of the continued performance, safe9 ty, and effectiveness, including with respect to emerging 

10 COVID–19 variants, of vaccines, therapeutics, and 

11 diagnostics approved, cleared, licensed, or authorized for 

12 use for the treatment, prevention, or diagnosis of COVID– 

13 19; facilitation of advanced continuous manufacturing ac14 tivities related to production of vaccines and related mate15 rials; facilitation and conduct of inspections related to the 

16 manufacturing of vaccines, therapeutics, and devices de17 layed or cancelled for reasons related to COVID–19; re18 view of devices authorized for use for the treatment, pre19 vention, or diagnosis of COVID–19; and oversight of the 

20 supply chain and mitigation of shortages of vaccines, 

21 therapeutics, and devices approved, cleared, licensed, or 

22 authorized for use for the treatment, prevention, or diag23 nosis of COVID–19 by the Food and Drug Administra24 tion. 


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1 CHAPTER 2—TESTING 

2 SEC. 3011. FUNDING FOR COVID–19 TESTING, CONTACT 

3 TRACING, AND MITIGATION ACTIVITIES. 

4 (a) IN GENERAL.—In addition to amounts otherwise 

5 available, there is appropriated to the Secretary for fiscal 

6 year 2021, out of any money in the Treasury not otherwise 

7 appropriated, $46,000,000,000, to remain available until 

8 expended, to carry out activities to detect, diagnose, trace, 

9 and monitor SARS–CoV–2 and COVID–19 infections and 

10 related strategies to mitigate the spread of COVID–19. 

11 (b) USE OF FUNDS.—From amounts appropriated by 

12 subsection (a), the Secretary shall— 

13 (1) implement a national, evidence-based strat14 egy for testing, contact tracing, surveillance, and 

15 mitigation with respect to SARS–CoV–2 and 

16 COVID–19; 

17 (2) provide technical assistance, guidance, and 

18 support, and award grants or cooperative agree19 ments to State, local, and territorial public health 

20 departments for activities to detect, diagnose, trace, 

21 and monitor SARS–CoV–2 and COVID–19 infec22 tions and related strategies and activities to mitigate 

23 the spread of COVID–19; 

24 (3) support the development, manufacturing, 

25 procurement, distribution, and administration of 


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1 tests to detect or diagnose SARS–CoV–2 and 

2 COVID–19, including supplies necessary for admin3 istering tests, such as personal protective equipment; 

4 (4) establish and expand Federal, State, local, 

5 and territorial testing and contact tracing capabili6 ties, including investments in laboratory capacity, 

7 community-based testing sites, and mobile testing 

8 units, particularly in medically underserved areas; 

9 (5) enhance information technology, data mod10 ernization, and reporting, including improvements 

11 necessary to support sharing of data related to pub12 lic health capabilities; 

13 (6) award grants to, or enter into cooperative 

14 agreements or contracts with, State, local, and terri15 torial public health departments to establish, ex16 pand, and sustain a public health workforce; and 

17 (7) to cover administrative and program sup18 port costs necessary to conduct activities related to 

19 subparagraph (a). 

20 SEC. 3012. FUNDING FOR SARS–COV–2 GENOMIC SEQUENC21 ING AND SURVEILLANCE. 

22 (a) IN GENERAL.—In addition to amounts otherwise 

23 available, there is appropriated to the Secretary for fiscal 

24 year 2021 out of any money in the Treasury not otherwise 

25 appropriated, $1,750,000,000, to remain available until 


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1 expended, to strengthen and expand activities and work2 force related to genomic sequencing, analytics, and disease 

3 surveillance. 

4 (b) USE OF FUNDS.—From amounts appropriated by 

5 subsection (a), the Secretary, acting through the Director 

6 of the Centers for Disease Control and Prevention, shall— 

7 (1) conduct, expand, and improve activities to 

8 sequence genomes, identify mutations, and survey 

9 the circulation and transmission of viruses and other 

10 organisms, including strains of SARS–CoV–2; 

11 (2) award grants or cooperative agreements to 

12 State, local, Tribal, or territorial public health de13 partments or public health laboratories— 

14 (A) to increase their capacity to sequence 

15 genomes of circulating strains of viruses and 

16 other organisms, including SARS–CoV–2; 

17 (B) to identify mutations in viruses and 

18 other organisms, including SARS–CoV–2; 

19 (C) to use genomic sequencing to identify 

20 outbreaks and clusters of diseases or infections, 

21 including COVID–19; and 

22 (D) to develop effective disease response 

23 strategies based on genomic sequencing and 

24 surveillance data; 


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1 (3) enhance and expand the informatics capa2 bilities of the public health workforce; and 

3 (4) award grants for the construction, alter4 ation, or renovation of facilities to improve genomic 

5 sequencing and surveillance capabilities at the State 

6 and local level. 

7 SEC. 3013. FUNDING FOR GLOBAL HEALTH. 

8 In addition to amounts otherwise available, there is 

9 appropriated to the Secretary for fiscal year 2021, out of 

10 any amounts in the Treasury not otherwise appropriated, 

11 $750,000,000, to remain available until expended, for ac12 tivities to be conducted acting through the Director of the 

13 Centers for Disease Control and Prevention to combat 

14 SARS–CoV– 2, COVID–19, and other emerging infectious 

15 disease threats globally, including efforts related to global 

16 health security, global disease detection and response, 

17 global health protection, global immunization, and global 

18 coordination on public health. 

19 SEC. 3014. FUNDING FOR DATA MODERNIZATION AND 

20 FORECASTING CENTER. 

21 In addition to amounts otherwise available, there is 

22 appropriated to the Secretary for fiscal year 2021, out of 

23 any money in the Treasury not otherwise appropriated, 

24 $500,000,000, to remain available until expended, for ac25 tivities to be conducted acting through the Director of the 


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1 Centers for Disease Control and Prevention to support 

2 public health data surveillance and analytics infrastruc3 ture modernization initiatives at the Centers for Disease 

4 Control and Prevention, and establish, expand, and main5 tain efforts to modernize the United States disease warn6 ing system to forecast and track hotspots for COVID–19, 

7 its variants, and emerging biological threats, including 

8 academic and workforce support for analytics and 

9 informatics infrastructure and data collection systems. 

10 CHAPTER 3—PUBLIC HEALTH 

11 WORKFORCE 

12 SEC. 3021. FUNDING FOR PUBLIC HEALTH WORKFORCE. 

13 (a) IN GENERAL.—In addition to amounts otherwise 

14 available, there is appropriated to the Secretary for fiscal 

15 year 2021, out of any money in the Treasury not otherwise 

16 appropriated, $7,660,000,000, to remain available until 

17 expended, to carry out activities related to establishing, 

18 expanding, and sustaining a public health workforce, in19 cluding by making awards to State, local, and territorial 

20 public health departments. 

21 (b) USE OF FUNDS FOR PUBLIC HEALTH DEPART22 MENTS.—Amounts made available to an awardee pursuant 

23 to subsection (a) shall be used for the following: 


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1 (1) Costs, including wages and benefits, related 

2 to the recruiting, hiring, and training of individ3 uals— 

4 (A) to serve as case investigators, contact 

5 tracers, social support specialists, community 

6 health workers, public health nurses, disease 

7 intervention specialists, epidemiologists, pro8 gram managers, laboratory personnel, 

9 informaticians, communication and policy ex10 perts, and any other positions as may be re11 quired to prevent, prepare for, and respond to 

12 COVID–19; and 

13 (B) who are employed by— 

14 (i) the State, territorial, or local pub15 lic health department involved; or 

16 (ii) a nonprofit private or public orga17 nization with demonstrated expertise in im18 plementing public health programs and es19 tablished relationships with such State, 

20 territorial, or local public health depart21 ments, particularly in medically under22 served areas. 

23 (2) Personal protective equipment, data man24 agement and other technology, or other necessary 

25 supplies. 


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1 (3) Administrative costs and activities necessary 

2 for awardees to implement activities funded under 

3 this section. 

4 (4) Reporting to the Secretary on implementa5 tion of the activities funded under this section. 

6 (5) Subawards from recipients of awards under 

7 subsection (a) to local health departments for the 

8 purposes of the activities funded under this section. 

9 SEC. 3022. FUNDING FOR MEDICAL RESERVE CORPS. 

10 In addition to amounts otherwise available, there is 

11 appropriated to the Secretary for fiscal year 2021, out of 

12 any money in the Treasury not otherwise appropriated, 

13 $100,000,000, to remain available until expended, for car14 rying out section 2813 of the Public Health Service Act 

15 (42 U.S.C. 300hh–15). 

16 CHAPTER 4—PUBLIC HEALTH 

17 INVESTMENTS 

18 SEC. 3031. FUNDING FOR COMMUNITY HEALTH CENTERS 

19 AND COMMUNITY CARE. 

20 (a) IN GENERAL.—In addition to amounts otherwise 

21 available, there is appropriated to the Secretary for fiscal 

22 year 2021, out of any money in the Treasury not otherwise 

23 appropriated, $7,600,000,000, to remain available until 

24 expended, for necessary expenses for awarding grants and 

25 cooperative agreements under section 330 of the Public 


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1 Health Service Act (42 U.S.C. 254b) to be awarded with2 out regard to subsections (e)(3), (e)(6)(A)(iii), 

3 (e)(6)(B)(iii), and (r)(2)(B) of such section 330, and for 

4 necessary expenses for awarding grants to Federally quali5 fied health centers (as defined in section 1861(aa)(4)(B) 

6 of the Social Security Act (42 U.S.C. 1395x(aa))), and 

7 for awarding grants or contracts to qualified entities 

8 under the Native Hawaiian Health Care Improvement Act 

9 (42 U.S.C. 11701 et seq.). Of the total amount appro10 priated by the preceding sentence, not less than 

11 $20,000,000 shall be for grants or contracts to qualified 

12 entities under the Native Hawaiian Health Care Improve13 ment Act (42 U.S.C. 11701 et seq.). 

14 (b) USE OF FUNDS.—Amounts made available to an 

15 awardee pursuant to subsection (a) shall be used— 

16 (1) to plan, prepare for, promote, distribute, 

17 administer, and track COVID–19 vaccines, and to 

18 carry out other vaccine-related activities; 

19 (2) to detect, diagnose, trace, and monitor 

20 COVID–19 infections and related activities nec21 essary to mitigate the spread of COVID–19, includ22 ing activities related to, and equipment or supplies 

23 purchased for, testing, contact tracing, surveillance, 

24 mitigation, and treatment of COVID–19; 


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1 (3) to purchase equipment and supplies to con2 duct mobile testing or vaccinations for COVID–19, 

3 to purchase and maintain mobile vehicles and equip4 ment to conduct such testing or vaccinations, and to 

5 hire and train laboratory personnel and other staff 

6 to conduct such mobile testing or vaccinations, par7 ticularly in medically underserved areas; 

8 (4) to establish, expand, and sustain the health 

9 care workforce to prevent, prepare for, and respond 

10 to COVID–19, and to carry out other health work11 force-related activities; 

12 (5) to modify, enhance, and expand health care 

13 services and infrastructure; and 

14 (6) to conduct community outreach and edu15 cation activities related to COVID–19. 

16 (c) PAST EXPENDITURES.—An awardee may use 

17 amounts awarded pursuant to subsection (a) to cover the 

18 costs of the awardee carrying out any of the activities de19 scribed in subsection (b) during the period beginning on 

20 the date of the declaration of a public health emergency 

21 by the Secretary under section 319 of the Public Health 

22 Service Act (42 U.S.C. 247d) on January 31, 2020, with 

23 respect to COVID–19 and ending on the date of such 

24 award. 


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1 SEC. 3032. FUNDING FOR NATIONAL HEALTH SERVICE 

2 CORPS. 

3 (a) IN GENERAL.—In addition to amounts otherwise 

4 available, there is appropriated to the Secretary for fiscal 

5 year 2021, out of any money in the Treasury not otherwise 

6 appropriated, $800,000,000, to remain available until ex7 pended, for carrying out title III of the Public Health 

8 Service Act (42 U.S.C. 241 et seq.) with respect to the 

9 health workforce. 

10 (b) STATE LOAN REPAYMENT PROGRAMS.— 

11 (1) IN GENERAL.—Of the amount made avail12 able pursuant to subsection (a), $100,000,000 shall 

13 be made available for providing public health serv14 ices through supplemental grants to States under 

15 section 338I(a) of the Public Health Service Act (42 

16 U.S.C. 254q–1(a)). 

17 (2) CONDITIONS.—With respect to grants de18 scribed in paragraph (1) using funds made available 

19 under such paragraph: 

20 (A) Section 338I(b) of the Public Health 

21 Service Act (42 U.S.C. 254q–1(b)) shall not 

22 apply. 

23 (B) Notwithstanding section 338I(d)(2) of 

24 the Public Health Service Act (42 U.S.C. 254q– 

25 1(d)(2)), not more than 10 percent of an award 

26 to a State from such amounts, may be used by 


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1 the State for costs of administering the State 

2 loan repayment program. 

3 SEC. 3033. FUNDING FOR NURSE CORPS. 

4 In addition to amounts otherwise available, there is 

5 appropriated to the Secretary for fiscal year 2021, out of 

6 any money in the Treasury not otherwise appropriated, 

7 $200,000,000, to remain available until expended, for car8 rying out section 846 of the Public Health Service Act 

9 (42 U.S.C. 297n). 

10 SEC. 3034. FUNDING FOR TEACHING HEALTH CENTERS 

11 THAT OPERATE GRADUATE MEDICAL EDU12 CATION. 

13 (a) IN GENERAL.—In addition to amounts otherwise 

14 available, and notwithstanding the capped amount ref15 erenced in sections 340H(b)(2) and 340H(d)(2) of the 

16 Public Health Service Act (42 U.S.C. 256h(b)(2) and 

17 (d)(2)), there is appropriated to the Secretary for fiscal 

18 year 2021, out of any money in the Treasury not otherwise 

19 appropriated, $330,000,000, to remain available until 

20 September 30, 2023, for the program of payments to 

21 teaching health centers that operate graduate medical 

22 education under section 340H of the Public Health Serv23 ice Act (42 U.S.C. 256h) and for teaching health center 

24 development grants authorized under section 749A of the 

25 Public Health Service Act (42 U.S.C. 293l–1). 


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1 (b) USE OF FUNDS.—Amounts made available pursu2 ant to subsection (a) shall be used for the following activi3 ties: 

4 (1) For making payments to new approved 

5 graduate medical residency training programs, pro6 vided that the number of full-time equivalent resi7 dents for which a qualified teaching health center re8 ceives payments pursuant to section 340H(a)(1)(C) 

9 of the Public Health Service Act (42 U.S.C. 

10 256h(a)(1)(C)) for a fiscal year shall not exceed by 

11 more than 6 the number of full-time equivalent resi12 dents for which the center received such payments 

13 for the preceding fiscal year. 

14 (2) To provide an increase to the per resident 

15 amount described in section 340H(a)(2) of the Pub16 lic Health Service Act (42 U.S.C. 256h(a)(2)) of 

17 $10,000. 

18 (3) For making payments under section 340H 

19 of the Public Health Service Act (42 U.S.C. 256h) 

20 to qualified teaching health centers for approved 

21 graduate medical residency training programs, for 

22 the number of full-time equivalent residents at a 

23 program at a number that is no lower than the high24 est number of full-time equivalent residents in that 


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1 program for the period of fiscal years 2016 through 

2 2018. 

3 (4) For making payments under section 

4 340H(a)(1)(B) of the Public Health Service Act (42 

5 U.S.C. 256h(a)(1)(B)) for the expansion of existing 

6 approved graduate medical residency programs. 

7 (5) For making awards under section 749A of 

8 the Public Health Service Act (42 U.S.C. 293l–1) to 

9 teaching health centers for the purpose of estab10 lishing new accredited or expanded primary care 

11 residency programs. 

12 (6) To cover administrative costs and activities 

13 necessary for qualified teaching health centers re14 ceiving payments under section 340H of the Public 

15 Health Service Act (42 U.S.C. 256h) to carry out 

16 activities under such section. 

17 SEC. 3035. FUNDING FOR COVID–19 TESTING, CONTACT 

18 TRACING, AND MITIGATION ACTIVITIES IN 

19 CONGREGATE SETTINGS. 

20 (a) IN GENERAL.—In addition to amounts otherwise 

21 available, there is appropriated to the Secretary for fiscal 

22 year 2021, out of any money in the Treasury not otherwise 

23 appropriated, $1,800,000,000, to remain available until 

24 expended, to carry out activities to detect, diagnose, trace, 

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1 fections, and related strategies to mitigate the spread of 

2 SARS–CoV–2, in congregate settings. 

3 (b) USE OF FUNDS.—From amounts appropriated by 

4 subsection (a), the Secretary shall— 

5 (1) support activities related to testing through 

6 the use of in vitro diagnostic products (as defined in 

7 section 809.3(a) of title 21, Code of Federal Regula8 tions) for the detection or diagnosis of SARS–CoV– 

9 2 and the virus that causes COVID–19, including to 

10 purchase, procure, or administer tests and supplies 

11 necessary for administering and processing such 

12 tests to staff of, or individuals residing in, con13 gregate settings, and pay (through any mechanism 

14 deemed appropriate by the Secretary) part or all of 

15 the costs to such entities of administering or proc16 essing such tests; 

17 (2) support vaccine-related activities for author18 ized or licensed COVID–19 vaccines, to provide for 

19 the vaccination of staff of, or individuals residing in, 

20 congregate settings, and pay (through any mecha21 nism deemed appropriate by the Secretary) part or 

22 all of the costs to such entities of administering such 

23 vaccines; 

24 (3) purchase, procure, or distribute personal 

25 protective equipment or other products or supplies 


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1 for use in mitigation of COVID–19 transmission 

2 among staff of, or individuals residing in, congregate 

3 settings; and 

4 (4) provide technical assistance, guidance, and 

5 support and award grants, contracts, or cooperative 

6 agreements to State, local, territorial, and Tribal 

7 public health departments, or Federal, State, local, 

8 territorial, or Tribal public and private entities that 

9 manage congregate settings, for activities to detect, 

10 diagnose, trace, monitor, and report on SARS–CoV– 

11 2 and COVID–19 infections, and related strategies 

12 and activities to mitigate the spread of SARS–CoV– 

13 2, in congregate settings. 

14 (c) DEFINITION.—For purposes of this section, the 

15 term ‘‘congregate settings’’ includes Federal, State, local, 

16 territorial, and Tribal prisons, jails, detention centers (in17 cluding juvenile detention centers), other correctional, de18 tention, and reentry facilities, long-term care facilities, 

19 psychiatric hospitals, psychiatric residential treatment fa20 cilities, shared living arrangements for individuals with 

21 disabilities, intermediate care facilities, and other residen22 tial care facilities. 

23 SEC. 3036. FUNDING FOR FAMILY PLANNING. 

24 In addition to amounts otherwise available, there is 

25 appropriated to the Secretary for fiscal year 2021, out of 


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1 any money in the Treasury not otherwise appropriated, 

2 $50,000,000, to remain available until expended, for nec3 essary expenses for making grants and contracts under 

4 section 1001 of the Public Health Service Act (42 U.S.C. 

5 300). 

6 SEC. 3037. FUNDING FOR CHILDREN UNDER THE CARE OF 

7 THE DEPARTMENT OF HEALTH AND HUMAN 

8 SERVICES. 

9 (a) IN GENERAL.—In addition to amounts otherwise 

10 available, there is appropriated to the Secretary for fiscal 

11 year 2021, out of any money in the Treasury not otherwise 

12 appropriated, $425,000,000, to remain available until ex13 pended, for expenses incurred in preparing for and pro14 viding child care, education services, health care services, 

15 case management services, or other necessary services for 

16 children in the care of personnel employed by or under 

17 a grant, cooperative agreement, or contract with the De18 partment of Health and Human Services (or agency, sub19 division, or office thereof). 

20 (b) USE OF FUNDS.—Amounts made available pursu21 ant to subsection (a) shall be used for— 

22 (1) costs related to capacity to provide care to 

23 children described in such subsection; 

24 (2) costs related to the recruiting, hiring, and 

25 training of additional staff; 


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1 (3) activities to detect, diagnose, trace, treat, 

2 and monitor SARS–CoV–2 and COVID–19 infec3 tions and related strategies and activities to mitigate 

4 the spread of SARS–CoV–2 and COVID–19; 

5 (4) the purchase, procurement, or distribution 

6 of in vitro diagnostic products (as defined in section 

7 809.3(a) of title 21, Code of Federal Regulations) 

8 for the detection or diagnosis of SARS–CoV–2 and 

9 the virus that causes COVID–19 or supplies nec10 essary for administering tests to such children and 

11 staff caring for such children; 

12 (5) distribution of COVID–19 vaccines licensed 

13 under section 351 of the Public Health Service Act 

14 (42 U.S.C. 262) or authorized for emergency use 

15 under section 564 of the Federal Food, Drug, and 

16 Cosmetic Act (21 U.S.C. 360bbb–3) for such chil17 dren or staff caring for such children; or 

18 (6) the purchase, procurement, or distribution 

19 of personal protective equipment or other measures 

20 for mitigation and prevention of COVID–19 trans21 mission among such children and staff caring for 

22 such children. 

23 SEC. 3038. FUNDING FOR OFFICE OF INSPECTOR GENERAL. 

24 In addition to amounts otherwise available, there is 

25 appropriated to the inspector general of the Department 


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1 of Health and Human Services for fiscal year 2021, out 

2 of any money in the Treasury not otherwise appropriated, 

3 $5,000,000, to remain available until expended, for over4 sight of activities supported with funds appropriated to 

5 the Department of Health and Human Services to pre6 vent, prepare for, and respond to coronavirus 2019 or 

7 COVID–19, domestically or internationally. 

8 CHAPTER 5—INDIAN HEALTH 

9 SEC. 3041. FUNDING FOR INDIAN HEALTH. 

10 (a) In addition to amounts otherwise available, there 

11 is appropriated to the Secretary for fiscal year 2021, out 

12 of any money in the Treasury not otherwise appropriated, 

13 $6,094,000,000, to remain available until expended, of 

14 which— 

15 (1) $5,484,000,000 shall be for carrying out 

16 the Act of August 5, 1954 (42 U.S.C. 2001 et seq.) 

17 (commonly referred to as the Transfer Act), the In18 dian Self-Determination and Education Assistance 

19 Act (25 U.S.C. 5301 et seq.), the Indian Health 

20 Care Improvement Act (25 U.S.C. 1601 et seq.), 

21 and titles II and III of the Public Health Service 

22 Act (42 U.S.C. 201 et seq. and 241 et seq.) with re23 spect to the Indian Health Service, of which— 

24 (A) $2,000,000,000 shall be for lost reim25 bursements, in accordance with section 207 of 


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1 the Indian Health Care Improvement Act (25 

2 U.S.C. 1621f); 

3 (B) $500,000,000 shall be for the provi4 sion of additional health care services, services 

5 provided through the Purchased/Referred Care 

6 program, and other related activities; 

7 (C) $140,000,000 shall be for information 

8 technology, telehealth infrastructure, and the 

9 Indian Health Service electronic health records 

10 system; 

11 (D) $84,000,000 shall be for maintaining 

12 operations of the Urban Indian health program, 

13 which shall be in addition to other amounts 

14 made available under this subsection for Urban 

15 Indian organizations (as defined in section 4 of 

16 the Indian Health Care Improvement Act (25 

17 U.S.C. 1603)); 

18 (E) $600,000,000 shall be for necessary 

19 expenses to plan, prepare for, promote, dis20 tribute, administer, and track COVID–19 vac21 cines, for the purposes described in subpara22 graphs (F) and (G), and for other vaccine-re23 lated activities; 

24 (F) $1,500,000,000 shall be for necessary 

25 expenses to detect, diagnose, trace, and monitor 


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1 COVID–19 infections, activities necessary to 

2 mitigate the spread of COVID–19, supplies nec3 essary for such activities, for the purposes de4 scribed in subparagraphs (E) and (G), and for 

5 other related activities; 

6 (G) $240,000,000 shall be for necessary 

7 expenses to establish, expand, and sustain a 

8 public health workforce to prevent, prepare for, 

9 and respond to COVID–19, other public health 

10 workforce-related activities, for the purposes de11 scribed in subparagraphs (E) and (F), and for 

12 other related activities; and 

13 (H) $420,000,000 shall be for necessary 

14 expenses related to mental and behavioral 

15 health prevention and treatment services, for 

16 the purposes described in subparagraph (C) and 

17 paragraph (2) as related to mental and behav18 ioral health, and for other related activities; 

19 (2) $600,000,000 shall be for the lease, pur20 chase, construction, alteration, renovation, or equip21 ping of health facilities to respond to COVID–19, 

22 and for maintenance and improvement projects nec23 essary to respond to COVID–19 under section 7 of 

24 the Act of August 5, 1954 (42 U.S.C. 2004a), the 

25 Indian Self-Determination and Education Assistance 


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1 Act (25 U.S.C. 5301 et seq.), the Indian Health 

2 Care Improvement Act (25 U.S.C. 1601 et seq.), 

3 and titles II and III of the Public Health Service 

4 Act (42 U.S.C. 202 et seq.) with respect to the In5 dian Health Service; and 

6 (3) $10,000,000 shall be for carrying out sec7 tion 7 of the Act of August 5, 1954 (42 U.S.C. 

8 2004a) for expenses relating to potable water deliv9 ery. 

10 (b) Funds appropriated by subsection (a) shall be 

11 made available to restore amounts, either directly or 

12 through reimbursement, for obligations for the purposes 

13 specified in this section that were incurred to prevent, pre14 pare for, and respond to COVID–19 during the period be15 ginning on the date on which the public health emergency 

16 was declared by the Secretary on January 31, 2020, pur17 suant to section 319 of the Public Health Service Act (42 

18 U.S.C. 247d) with respect to COVID–19 and ending on 

19 the date of the enactment of this Act. 

20 (c) Funds made available under subsection (a) to 

21 Tribes and Tribal organizations under the Indian Self-De22 termination and Education Assistance Act (25 U.S.C. 

23 5301 et seq.) shall be available on a one-time basis. Such 

24 non-recurring funds shall not be part of the amount re25 quired by section 106 of the Indian Self-Determination 


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1 and Education Assistance Act (25 U.S.C. 5325), and such 

2 funds shall only be used for the purposes identified in this 

3 section. 

4 CHAPTER 6—MENTAL HEALTH AND 

5 SUBSTANCE USE DISORDER 

6 SEC. 3051. FUNDING FOR BLOCK GRANTS FOR COMMUNITY 

7 MENTAL HEALTH SERVICES. 

8 In addition to amounts otherwise available, there is 

9 appropriated to the Secretary for fiscal year 2021, out of 

10 any money in the Treasury not otherwise appropriated, 

11 $1,750,000,000, to remain available until expended, for 

12 carrying out subpart I of part B of title XIX of the Public 

13 Health Service Act (42 U.S.C. 300x et seq.), subpart III 

14 of part B of title XIX of such Act (42 U.S.C. 300x–51 

15 et seq.), and section 505(c) of such Act (42 U.S.C. 290aa– 

16 4(c)) with respect to mental health. Notwithstanding sec17 tion 1952 of the Public Health Service Act (42 U.S.C. 

18 300x–62), any amount awarded to a State out of amounts 

19 appropriated by this section shall be expended by the State 

20 by September 30, 2025. 

21 SEC. 3052. FUNDING FOR BLOCK GRANTS FOR PREVENTION 

22 AND TREATMENT OF SUBSTANCE ABUSE. 

23 In addition to amounts otherwise available, there is 

24 appropriated to the Secretary for fiscal year 2021, out of 

25 any money in the Treasury not otherwise appropriated, 


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1 $1,750,000,000, to remain available until expended, for 

2 carrying out subpart II of part B of title XIX of the Public 

3 Health Service Act (42 U.S.C. 300x–21 et seq.), subpart 

4 III of part B of title XIX of such Act (42 U.S.C. 300x– 

5 51 et seq.), section 505(d) of such Act (42 U.S.C. 290aa– 

6 4(d)) with respect to substance abuse, and section 515(d) 

7 of such Act (42 U.S.C. 290bb–21(d)). Notwithstanding 

8 section 1952 of the Public Health Service Act (42 U.S.C. 

9 300x–62), any amount awarded to a State out of amounts 

10 appropriated by this section shall be expended by the State 

11 by September 30, 2025. 

12 SEC. 3053. FUNDING FOR MENTAL AND BEHAVIORAL 

13 HEALTH TRAINING FOR HEALTH CARE PRO14 FESSIONALS, PARAPROFESSIONALS, AND 

15 PUBLIC SAFETY OFFICERS. 

16 (a) IN GENERAL.—In addition to amounts otherwise 

17 available, there is appropriated to the Secretary for fiscal 

18 year 2021, out of any money in the Treasury not otherwise 

19 appropriated, $80,000,000, to remain available until ex20 pended, for the purpose described in subsection (b). 

21 (b) USE OF FUNDING.—The Secretary, acting 

22 through the Administrator of the Health Resources and 

23 Services Administration, shall, taking into consideration 

24 the needs of rural and medically underserved communities, 

25 use amounts appropriated by subsection (a) to award 


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1 grants or contracts to health professions schools, academic 

2 health centers, State or local governments, Indian Tribes 

3 and Tribal organizations, or other appropriate public or 

4 private nonprofit entities (or consortia of entities, includ5 ing entities promoting multidisciplinary approaches), to 

6 plan, develop, operate, or participate in health professions 

7 and nursing training activities for health care students, 

8 residents, professionals, paraprofessionals, trainees, and 

9 public safety officers, and employers of such individuals, 

10 in evidence-informed strategies for reducing and address11 ing suicide, burnout, and mental and behavioral health 

12 conditions (including substance use disorders) among 

13 health care professionals. 

14 SEC. 3054. FUNDING FOR EDUCATION AND AWARENESS 

15 CAMPAIGN ENCOURAGING HEALTHY WORK 

16 CONDITIONS AND USE OF MENTAL AND BE17 HAVIORAL HEALTH SERVICES BY HEALTH 

18 CARE PROFESSIONALS. 

19 (a) IN GENERAL.—In addition to amounts otherwise 

20 available, there is appropriated to the Secretary for fiscal 

21 year 2021, out of any money in the Treasury not otherwise 

22 appropriated, $20,000,000, to remain available until ex23 pended, for the purpose described in subsection (b). 

24 (b) USE OF FUNDS.—The Secretary, acting through 

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1 vention and in consultation with the medical professional 

2 community, shall use amounts appropriated by subsection 

3 (a) to carry out a national evidence-based education and 

4 awareness campaign directed at health care professionals 

5 and first responders (such as emergency medical service 

6 providers), and employers of such professionals and first 

7 responders. Such awareness campaign shall— 

8 (1) encourage primary prevention of mental and 

9 behavioral health conditions and secondary and ter10 tiary prevention by encouraging health care profes11 sionals to seek support and treatment for their own 

12 behavioral health concerns; 

13 (2) help such professionals to identify risk fac14 tors in themselves and others and respond to such 

15 risks; 

16 (3) include information on reducing or pre17 venting suicide, substance use disorders, burnout, 

18 and other mental and behavioral health conditions, 

19 and addressing stigma associated with seeking men20 tal and behavioral health support and treatment; 

21 and 

22 (4) consider the needs of rural and medically 

23 underserved communities. 


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1 SEC. 3055. FUNDING FOR GRANTS FOR HEALTH CARE PRO2 VIDERS TO PROMOTE MENTAL AND BEHAV3 IORAL HEALTH AMONG THEIR HEALTH PRO4 FESSIONAL WORKFORCE. 

5 (a) IN GENERAL.—In addition to amounts otherwise 

6 available, there is appropriated to the Secretary for fiscal 

7 year 2021, out of any money in the Treasury not otherwise 

8 appropriated, $40,000,000, to remain available until ex9 pended, for the purpose described in subsection (b). 

10 (b) USE OF FUNDS.—The Secretary, acting through 

11 the Administrator of the Health Resources and Services 

12 Administration, shall, taking into consideration the needs 

13 of rural and medically underserved communities, use 

14 amounts appropriated by subsection (a) to award grants 

15 or contracts to entities providing health care, including 

16 health care providers associations and Federally qualified 

17 health centers, to establish, enhance, or expand evidence18 informed programs or protocols to promote mental and be19 havioral health among their providers, other personnel, 

20 and members. 

21 SEC. 3056. FUNDING FOR COMMUNITY-BASED FUNDING 

22 FOR LOCAL SUBSTANCE USE DISORDER 

23 SERVICES. 

24 (a) IN GENERAL.—In addition to amounts otherwise 

25 available, there is appropriated to the Secretary for fiscal 

26 year 2021, out of any money in the Treasury not otherwise 


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1 appropriated, $30,000,000, to remain available until ex2 pended, to carry out the purpose described in subsection 

3 (b). 

4 (b) USE OF FUNDS.— 

5 (1) IN GENERAL.—The Secretary, acting 

6 through the Assistant Secretary for Mental Health 

7 and Substance Use and in consultation with the Di8 rector of the Centers for Disease Control and Pre9 vention, shall award grants to support States; local, 

10 Tribal, and territorial governments; Tribal organiza11 tions; nonprofit community-based organizations; and 

12 primary and behavioral health organizations to sup13 port community-based overdose prevention pro14 grams, syringe services programs, and other harm 

15 reduction services, with respect to harms of drug 

16 misuse that are exacerbated by the COVID–19 pub17 lic health emergency. 

18 (2) USE OF GRANT FUNDS.—Grant funds 

19 awarded under this section to eligible entities may 

20 be used for preventing and controlling the spread of 

21 infectious diseases and the consequences of such dis22 eases for individuals with substance use disorder, 

23 distributing opioid overdose reversal medication to 

24 individuals at risk of overdose, connecting individ25 uals at risk for, or with, a substance use disorder to 


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1 overdose education, counseling, and health edu2 cation, and encouraging such individuals to take 

3 steps to reduce the negative personal and public 

4 health impacts of substance use or misuse. 

5 SEC. 3057. FUNDING FOR COMMUNITY-BASED FUNDING 

6 FOR LOCAL BEHAVIORAL HEALTH NEEDS. 

7 (a) IN GENERAL.—In addition to amounts otherwise 

8 available, there is appropriated to the Secretary for fiscal 

9 year 2021, out of any money in the Treasury not otherwise 

10 appropriated, $50,000,000, to remain available until ex11 pended, to carry out the purpose described in subsection 

12 (b). 

13 (b) USE OF FUNDS.— 

14 (1) IN GENERAL.—The Secretary, acting 

15 through the Assistant Secretary for Mental Health 

16 and Substance Use, shall award grants to State, 

17 local, Tribal, and territorial governments, Tribal or18 ganizations, nonprofit community-based entities, and 

19 primary care and behavioral health organizations to 

20 address increased community behavioral health 

21 needs worsened by the COVID–19 public health 

22 emergency. 

23 (2) USE OF GRANT FUNDS.—Grant funds 

24 awarded under this section to eligible entities may 

25 be used for promoting care coordination among local 


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1 entities; training the mental and behavioral health 

2 workforce, relevant stakeholders, and community 

3 members; expanding evidence-based integrated mod4 els of care; addressing surge capacity for mental and 

5 behavioral health needs; providing mental and behav6 ioral health services to individuals with mental 

7 health needs (including co-occurring substance use 

8 disorders) as delivered by behavioral and mental 

9 health professionals utilizing telehealth services; and 

10 supporting, enhancing, or expanding mental and be11 havioral health preventive and crisis intervention 

12 services. 

13 SEC. 3058. FUNDING FOR THE NATIONAL CHILD TRAU14 MATIC STRESS NETWORK. 

15 In addition to amounts otherwise available, there is 

16 appropriated to the Secretary for fiscal year 2021, out of 

17 any money in the Treasury not otherwise appropriated, 

18 $10,000,000, to remain available until expended, for car19 rying out section 582 of the Public Health Service Act 

20 (42 U.S.C. 290hh–1) with respect to addressing the prob21 lem of high-risk or medically underserved persons who ex22 perience violence-related stress. 

23 SEC. 3059. FUNDING FOR PROJECT AWARE. 

24 In addition to amounts otherwise available, there is 

25 appropriated to the Secretary for fiscal year 2021, out of 


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1 any money in the Treasury not otherwise appropriated, 

2 $30,000,000, to remain available until expended, for car3 rying out section 520A of the Public Health Service Act 

4 (42 U.S.C. 290bb–32) with respect to advancing wellness 

5 and resiliency in education. 

6 SEC. 3059A. FUNDING FOR YOUTH SUICIDE PREVENTION. 

7 In addition to amounts otherwise available, there is 

8 appropriated to the Secretary for fiscal year 2021, out of 

9 any money in the Treasury not otherwise appropriated, 

10 $20,000,000, to remain available until expended, for car11 rying out sections 520E and 520E–2 of the Public Health 

12 Service Act (42 U.S.C. 290bb–36, 290bb–36b). 

13 SEC. 3059B. FUNDING FOR BEHAVIORAL HEALTH WORK14 FORCE EDUCATION AND TRAINING. 

15 In addition to amounts otherwise available, there is 

16 appropriated to the Secretary for fiscal year 2021, out of 

17 any money in the Treasury not otherwise appropriated, 

18 $100,000,000, to remain available until expended, for car19 rying out section 756 of the Public Health Service Act 

20 (42 U.S.C. 294e–1). 


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1 CHAPTER 7—EXCHANGE GRANT 

2 PROGRAM 

3 SEC. 3061. ESTABLISHING A GRANT PROGRAM FOR EX4 CHANGE MODERNIZATION. 

5 (a) IN GENERAL.—Out of funds appropriated under 

6 subsection (b), the Secretary shall award grants to each 

7 American Health Benefits Exchange established under 

8 subtitle D of title I of the Patient Protection and Afford9 able Care Act (42 U.S.C. 18021 et seq.) (other than an 

10 Exchange established by the Secretary under section 

11 1321(c) of such Act (42 U.S.C. 18041(c))) that submits 

12 to the Secretary an application at such time and in such 

13 manner, and containing such information, as specified by 

14 the Secretary, for purposes of enabling such Exchange to 

15 modernize or update any system, program, or technology 

16 utilized by such Exchange to ensure such Exchange is 

17 compliant with all applicable requirements of section 1311 

18 of such Act (42 U.S.C. 18031). 

19 (b) FUNDING.—There is appropriated, out of any 

20 monies in the Treasury not otherwise obligated, 

21 $20,000,000, to remain available until expended, for car22 rying out this section. 


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1 Subtitle B—Medicaid 

2 SEC. 3101. MANDATORY COVERAGE OF COVID–19 VACCINES 

3 AND ADMINISTRATION AND TREATMENT 

4 UNDER MEDICAID. 

5 (a) COVERAGE.— 

6 (1) IN GENERAL.—Section 1905(a)(4) of the 

7 Social Security Act (42 U.S.C. 1396d(a)(4)) is 

8 amended— 

9 (A) by striking ‘‘and (D)’’ and inserting 

10 ‘‘(D)’’; and 

11 (B) by striking the semicolon at the end 

12 and inserting ‘‘; (E) during the period begin13 ning on the date of the enactment of the Amer14 ican Rescue Plan Act of 2021 and ending on 

15 the last day of the first calendar quarter that 

16 begins at least one year after the last day of the 

17 emergency period described in section 

18 1135(g)(1)(B), a COVID–19 vaccine and ad19 ministration of the vaccine; and (F) during the 

20 period beginning on the date of the enactment 

21 of the American Rescue Plan Act of 2021 and 

22 ending on the last day of the first calendar 

23 quarter that begins at least one year after the 

24 last day of the emergency period described in 

25 section 1135(g)(1)(B), testing and treatments 


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1 for COVID-19, including specialized equipment 

2 and therapies (including preventive therapies), 

3 and, without regard to the requirements of sec4 tion 1902(a)(10)(B) (relating to comparability), 

5 in the case of an individual who is diagnosed 

6 with or presumed to have COVID–19, during 

7 the period such individual has (or is presumed 

8 to have) COVID–19, the treatment of a condi9 tion that may seriously complicate the treat10 ment of COVID–19, if otherwise covered under 

11 the State plan (or waiver of such plan);’’. 

12 (2) MAKING COVID–19 VACCINE AVAILABLE TO

13 ADDITIONAL ELIGIBILITY GROUPS AND TREATMENT

14 AVAILABLE TO CERTAIN UNINSURED.—Section 

15 1902(a)(10) of such Act (42 U.S.C. 1396a(a)(10)) 

16 is amended in the matter following subparagraph 

17 (G)— 

18 (A) by striking ‘‘and to other conditions 

19 which may complicate pregnancy, (VIII)’’ and 

20 inserting ‘‘, medical assistance for services re21 lated to other conditions which may complicate 

22 pregnancy, and medical assistance for vaccines 

23 described in section 1905(a)(4)(E) and the ad24 ministration of such vaccines during the period 

25 described in such section, (VIII)’’; 


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1 (B) by inserting ‘‘and medical assistance 

2 for vaccines described in section 1905(a)(4)(E) 

3 and the administration of such vaccines during 

4 the period described in such section’’ after ‘‘(de5 scribed in subsection (z)(2))’’; 

6 (C) by striking ‘‘cancer (XV)’’ and insert7 ing ‘‘cancer, (XV)’’; 

8 (D) by inserting ‘‘and medical assistance 

9 for vaccines described in section 1905(a)(4)(E) 

10 and the administration of such vaccines during 

11 the period described in such section’’ after ‘‘de12 scribed in subsection (k)(1)’’; 

13 (E) by inserting ‘‘and medical assistance 

14 for vaccines described in section 1905(a)(4)(E) 

15 and the administration of such vaccines during 

16 the period described in such section’’ after 

17 ‘‘family planning setting’’; 

18 (F) by striking ‘‘and (XVIII)’’ and insert19 ing ‘‘(XVIII)’’; 

20 (G) by striking ‘‘and any visit described in 

21 section 1916(a)(2)(G) that is furnished during 

22 any such portion’’ and inserting ‘‘, any service 

23 described in section 1916(a)(2)(G) that is fur24 nished during any such portion, any vaccine de25 scribed in section 1905(a)(4)(E) (and the adVerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00164 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319

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1 ministration of such vaccine) that is furnished 

2 during any such portion, and testing and treat3 ments for COVID-19, including specialized 

4 equipment and therapies (including preventive 

5 therapies), and, in the case of an individual who 

6 is diagnosed with or presumed to have COVID– 

7 19, during the period such individual has (or is 

8 presumed to have) COVID–19, the treatment of 

9 a condition that may seriously complicate the 

10 treatment of COVID–19, if otherwise covered 

11 under the State plan (or waiver of such plan)’’; 

12 and 

13 (H) by striking the semicolon at the end 

14 and inserting ‘‘, and (XIX) medical assistance 

15 shall be made available during the period de16 scribed in section 1905(a)(4)(E) for vaccines 

17 described in such section and the administra18 tion of such vaccines, for any individual who is 

19 eligible for and receiving medical assistance 

20 under the State plan or under a waiver of such 

21 plan (other than an individual who is eligible 

22 for medical assistance consisting only of pay23 ment of premiums pursuant to subparagraph 

24 (E) or (F) or section 1933), notwithstanding 

25 any provision of law limiting such individual’s 


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1 eligibility for medical assistance under such 

2 plan or waiver to coverage for a limited type of 

3 benefits and services that would not otherwise 

4 include coverage of a COVID–19 vaccine and 

5 its administration;’’. 

6 (3) PROHIBITION OF COST SHARING.— 

7 (A) IN GENERAL.—Subsections (a)(2) and 

8 (b)(2) of section 1916 of the Social Security 

9 Act (42 U.S.C. 1396o) are each amended— 

10 (i) in subparagraph (F), by striking 

11 ‘‘or’’ at the end; 

12 (ii) in subparagraph (G), by striking 

13 ‘‘; and’’; and 

14 (iii) by adding at the end the fol15 lowing subparagraphs: 

16 ‘‘(H) during the period beginning on the 

17 date of the enactment of this subparagraph and 

18 ending on the last day of the first calendar 

19 quarter that begins at least one year after the 

20 last day of the emergency period described in 

21 section 1135(g)(1)(B), a COVID–19 vaccine 

22 and the administration of such vaccine (for any 

23 individual eligible for medical assistance for 

24 such vaccine (and administration)); or 


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1 ‘‘(I) during the period beginning on the 

2 date of the enactment of this subparagraph and 

3 ending on the last day of the first calendar 

4 quarter that begins at least one year after the 

5 last day of the emergency period described in 

6 section 1135(g)(1)(B), testing and treatments 

7 for COVID-19, including specialized equipment 

8 and therapies (including preventive therapies), 

9 and, in the case of an individual who is diag10 nosed with or presumed to have COVID–19, 

11 during the period during which such individual 

12 has (or is presumed to have) COVID–19, the 

13 treatment of a condition that may seriously 

14 complicate the treatment of COVID–19, if oth15 erwise covered under the State plan (or waiver 

16 of such plan); and’’. 

17 (B) APPLICATION TO ALTERNATIVE COST

18 SHARING.—Section 1916A(b)(3)(B) of the So19 cial Security Act (42 U.S.C. 1396o–1(b)(3)(B)) 

20 is amended— 

21 (i) in clause (xi), by striking ‘‘any 

22 visit’’ and inserting ‘‘any service’’; and 

23 (ii) by adding at the end the following 

24 clauses: 


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1 ‘‘(xii) During the period beginning on 

2 the date of the enactment of this clause 

3 and ending on the last day of the first cal4 endar quarter that begins at least one year 

5 after the last day of the emergency period 

6 described in section 1135(g)(1)(B), a 

7 COVID–19 vaccine and the administration 

8 of such vaccine (for any individual eligible 

9 for medical assistance for such vaccine 

10 (and administration)). 

11 ‘‘(xiii) During the period beginning on 

12 the date of the enactment of this clause 

13 and ending on the last day of the first cal14 endar quarter that begins at least one year 

15 after the last day of the emergency period 

16 described in section 1135(g)(1)(B), testing 

17 and treatments for COVID-19, including 

18 specialized equipment and therapies (in19 cluding preventive therapies), and, in the 

20 case of an individual who is diagnosed with 

21 or presumed to have COVID–19, during 

22 the period during which such individual 

23 has (or is presumed to have) COVID–19, 

24 the treatment of a condition that may seri25 ously complicate the treatment of COVID– 


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1 19, if otherwise covered under the State 

2 plan (or waiver of such plan).’’. 

3 (4) INCLUSION IN THE MEDICAID DRUG RE4 BATE PROGRAM OF COVERED OUTPATIENT DRUGS

5 USED FOR COVID–19 TREATMENT.— 

6 (A) IN GENERAL.—The requirements of 

7 section 1927 of the Social Security Act (42 

8 U.S.C. 1396r–8) shall apply to any drug or bio9 logical product described in subparagraph (F) 

10 of section 1905(a)(4) of such Act, as added by 

11 paragraph (1), or described in the subclause 

12 (XVIII) in the matter following subparagraph 

13 (G) of section 1902(a)(10) of such Act, as 

14 added by paragraph (2), that is— 

15 (i) furnished as medical assistance in 

16 accordance with such subparagraph (F) or 

17 subclause (XVIII), as applicable, for the 

18 treatment, or prevention, of COVID-19, as 

19 described in such subparagraph of sub20 clause, respectively; and 

21 (ii) a covered outpatient drug (as de22 fined in section 1927(k) of such Act, ex23 cept that, in applying paragraph (2)(A) of 

24 such section to a drug described in such 

25 subparagraph (F) or such subclause 


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1 (XVIII), such drug shall be deemed a pre2 scribed drug for purposes of section 

3 1905(a)(12) of such Act). 

4 (B) CONFORMING AMENDMENT.—Section 

5 1927(d)(7) of the Social Security Act (42 

6 U.S.C. 1396r–8(d)(7)) is amended by adding at 

7 the end the following new subparagraph: 

8 ‘‘(E) Drugs and biological products de9 scribed in section 1905(a)(4)(F) and subclause 

10 (XVIII) in the matter following subparagraph 

11 (G) of section 1902(a)(10) that are furnished 

12 as medical assistance in accordance with such 

13 section or clause, respectively, for the treatment 

14 or prevention, of COVID–19, as described in 

15 such subparagraph of subclause, respectively.’’. 

16 (5) ALTERNATIVE BENEFIT PLANS.—Section 

17 1937(b) of the Social Security Act (42 U.S.C. 

18 1396u–7(b)) is amended by adding at the end the 

19 following new paragraph: 

20 ‘‘(8) COVID–19 VACCINES, TESTING, AND

21 TREATMENT.—Notwithstanding the previous provi22 sions of this section, a State may not provide for 

23 medical assistance through enrollment of an indi24 vidual with benchmark coverage or benchmark-equiv25 alent coverage under this section unless, during the 


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1 period beginning on the date of the enactment of the 

2 American Rescue Plan Act of 2021 and ending on 

3 the last day of the first calendar quarter that begins 

4 at least one year after the last day of the emergency 

5 period described in section 1135(g)(1)(B), such cov6 erage includes (and does not impose any deduction, 

7 cost sharing, or similar charge for)— 

8 ‘‘(A) COVID–19 vaccines and administra9 tion of the vaccines; and 

10 ‘‘(B) testing and treatments for COVID11 19, including specialized equipment and thera12 pies (including preventive therapies), and, in 

13 the case of such an individual who is diagnosed 

14 with or presumed to have COVID–19, during 

15 the period such individual has (or is presumed 

16 to have) COVID–19, the treatment of a condi17 tion that may seriously complicate the treat18 ment of COVID–19, if otherwise covered under 

19 the State plan (or waiver of such plan).’’. 

20 (b) TEMPORARY INCREASE IN FEDERAL PAYMENTS

21 FOR COVERAGE AND ADMINISTRATION OF COVID–19 

22 VACCINES.—Section 1905 of the Social Security Act (42 

23 U.S.C. 1396d) is amended— 

24 (1) in subsection (b), by striking ‘‘and (ff)’’ and 

25 inserting ‘‘(ff), and (hh)’’; 


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1 (2) in subsection (ff), in the matter preceding 

2 paragraph (1), by inserting ‘‘, subject to subsection 

3 (hh)’’ after ‘‘or (z)(2)’’ and 

4 (3) by adding at the end the following new sub5 section: 

6 ‘‘(hh) TEMPORARY INCREASED FMAP FOR MEDICAL

7 ASSISTANCE FOR COVERAGE AND ADMINISTRATION OF

8 COVID–19 VACCINES.— 

9 ‘‘(1) IN GENERAL.—Notwithstanding any other 

10 provision of this title, during the period described in 

11 paragraph (2), the Federal medical assistance per12 centage for a State, with respect to amounts ex13 pended by the State for medical assistance for a vac14 cine described in subsection (a)(4)(E) (and the ad15 ministration of such a vaccine), shall be equal to 100 

16 percent. 

17 ‘‘(2) PERIOD DESCRIBED.—The period de18 scribed in this paragraph is the period that— 

19 ‘‘(A) begins on the first day of the first 

20 quarter beginning after the date of the enact21 ment of this subsection; and 

22 ‘‘(B) ends on the last day of the first quar23 ter that begins at least one year after the last 

24 day of the emergency period described in sec25 tion 1135(g)(1)(B). 


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1 ‘‘(3) EXCLUSION OF EXPENDITURES FROM TER2 RITORIAL CAPS.—Any payment made to a territory 

3 for expenditures for medical assistance under sub4 section (a)(4)(E) that are subject to the Federal 

5 medical assistance percentage specified under para6 graph (1) shall not be taken into account for pur7 poses of applying payment limits under subsections 

8 (f) and (g) of section 1108.’’. 

9 SEC. 3102. MODIFICATIONS TO CERTAIN COVERAGE UNDER 

10 MEDICAID FOR PREGNANT AND 

11 POSTPARTUM WOMEN. 

12 (a) STATE OPTION.—Section 1902(e) of the Social 

13 Security Act (42 U.S.C. 1396a(e)) is amended by adding 

14 at the end the following new paragraph: 

15 ‘‘(16) EXTENDING CERTAIN COVERAGE FOR

16 PREGNANT AND POSTPARTUM WOMEN.— 

17 ‘‘(A) IN GENERAL.—At the option of the 

18 State, the State plan (or waiver of such State 

19 plan) may provide, that an individual who, 

20 while pregnant, is eligible for and has received 

21 medical assistance under the State plan ap22 proved under this title (or a waiver of such 

23 plan) (including during a period of retroactive 

24 eligibility under subsection (a)(34)) shall, in ad25 dition to remaining eligible under paragraph (5) 


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1 for all pregnancy-related and postpartum med2 ical assistance available under the State plan 

3 (or waiver) through the last day of the month 

4 in which the 60-day period (beginning on the 

5 last day of her pregnancy) ends, remain eligible 

6 under the State plan (or waiver) for medical as7 sistance for the period beginning on the first 

8 day occurring after the end of such 60-day pe9 riod and ending on the last day of the month 

10 in which the 12-month period (beginning on the 

11 last day of her pregnancy) ends. 

12 ‘‘(B) FULL BENEFITS DURING PREGNANCY

13 AND THROUGHOUT THE 12-MONTH

14 POSTPARTUM PERIOD.—The medical assistance 

15 provided for a pregnant or postpartum indi16 vidual by a State making an election under this 

17 paragraph, without regard to the basis on which 

18 the individual is eligible for medical assistance 

19 under the State plan (or waiver), shall— 

20 ‘‘(i) include all items and services cov21 ered under the State plan (or waiver) that 

22 are not less in amount, duration, or scope, 

23 or are determined by the Secretary to be 

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1 sistance available for an individual de2 scribed in subsection (a)(10)(A)(i); and 

3 ‘‘(ii) be provided for the individual 

4 while pregnant and during the 12-month 

5 period that begins on the last day of the 

6 individual’s pregnancy and ends on the last 

7 day of the month in which such 12-month 

8 period ends.’’. 

9 (b) EFFECTIVE DATE.—The amendment made by 

10 subsection (a) shall apply with respect to State elections 

11 made under paragraph (16) of section 1902(e) of the So12 cial Security Act (42 U.S.C. 1396a(e)), as added by sub13 section (a), during the 5-year period beginning on the 1st 

14 day of the 1st fiscal year quarter that begins at least one 

15 year after the date of the enactment of this Act. 

16 SEC. 3103. ALLOWING FOR MEDICAL ASSISTANCE UNDER 

17 MEDICAID FOR INMATES DURING 30-DAY PE18 RIOD PRECEDING RELEASE. 

19 The subdivision (A) following paragraph (30) of sec20 tion 1905(a) of the Social Security Act (42 U.S.C. 

21 1396d(a)) is amended by inserting ‘‘and, during the 5- 

22 year period beginning on the first day of the first fiscal 

23 year quarter that begins at least one year after the date 

24 of the enactment of the American Rescue Plan Act of 

25 2021, except during the 30-day period preceding the date 


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1 of release of such individual from such public institution’’ 

2 after ‘‘medical institution’’. 

3 SEC. 3104. ENHANCED FEDERAL MEDICAID SUPPORT FOR 

4 COMMUNITY-BASED MOBILE CRISIS INTER5 VENTION SERVICES. 

6 Section 1903 of the Social Security Act (42 U.S.C. 

7 1396b) is amended by adding at the end the following new 

8 subsection: 

9 ‘‘(bb) BUNDLED COMMUNITY-BASED MOBILE CRISIS

10 INTERVENTION SERVICES.— 

11 ‘‘(1) IN GENERAL.—Notwithstanding section 

12 1902(a)(1) (relating to Statewideness), section 

13 1902(a)(10)(B) (relating to comparability), section 

14 1902(a)(23)(A) (relating to freedom of choice of 

15 providers), or section 1902(a)(27) (relating to pro16 vider agreements), a State may, during the 5-year 

17 period beginning on the first day of the first fiscal 

18 year quarter that begins on or after the date that 

19 is 1 year after the date of the enactment of this sub20 section, provide medical assistance, through bundled 

21 payments, for qualifying community-based mobile 

22 crisis intervention services under a State plan 

23 amendment or waiver approved under section 1115 

24 or subsection (b) or (c) of section 1915. 


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1 ‘‘(2) QUALIFYING COMMUNITY-BASED MOBILE

2 CRISIS INTERVENTION SERVICES DEFINED.—For 

3 purposes of this subsection, the term ‘qualifying 

4 community-based mobile crisis intervention services’ 

5 means, with respect to a State, items and services 

6 for which medical assistance is available under the 

7 State plan under this title or a waiver of such plan, 

8 that are— 

9 ‘‘(A) furnished to an individual otherwise 

10 eligible for medical assistance under the State 

11 plan (or waiver of such plan) who is— 

12 ‘‘(i) outside of a hospital or other fa13 cility setting; and 

14 ‘‘(ii) experiencing a mental health or 

15 substance use disorder crisis; 

16 ‘‘(B) furnished by a multidisciplinary mo17 bile crisis team— 

18 ‘‘(i) that includes at least 1 behavioral 

19 health care professional who is capable of 

20 conducting an assessment of the individual, 

21 in accordance with the professional’s per22 mitted scope of practice under State law, 

23 and other professionals or paraprofes24 sionals with appropriate expertise in behav25 ioral health or mental health crisis reVerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00177 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319

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1 sponse, including nurses, social workers, 

2 peer support specialists, and others, as 

3 designated by the State through a State 

4 plan amendment (or waiver of such plan); 

5 ‘‘(ii) whose members are trained in 

6 trauma-informed care, de-escalation strate7 gies, and harm reduction; 

8 ‘‘(iii) that is able to respond in a 

9 timely manner and, where appropriate, 

10 provide— 

11 ‘‘(I) screening and assessment; 

12 ‘‘(II) stabilization and de-esca13 lation; 

14 ‘‘(III) coordination with, and re15 ferrals to, health, social, and other 

16 services and supports as needed; and 

17 ‘‘(IV) assistance in facilitating 

18 the individual’s access to emergency 

19 or nonemergency (as applicable) 

20 transportation services under the 

21 State plan (or waiver of such plan) to 

22 ensure access to the next step in care 

23 or treatment; 

24 ‘‘(iv) that maintains relationships with 

25 relevant community partners, including 


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1 medical and behavioral health providers, 

2 primary care providers, community health 

3 centers, crisis respite centers, managed 

4 care organizations (if applicable), entities 

5 able to provide assistance with application 

6 and enrollment in the State plan or a waiv7 er of the plan, entities able to provide as8 sistance with applying for and enrolling in 

9 benefit programs, entities that provide as10 sistance with housing (such as public hous11 ing authorities, Continuum of Care pro12 grams, or not-for-profit entities that pro13 vide housing assistance), and entities that 

14 provide assistance with other social serv15 ices; 

16 ‘‘(v) that coordinates with crisis inter17 vention hotlines and emergency response 

18 systems; 

19 ‘‘(vi) that maintains the privacy and 

20 confidentiality of patient information con21 sistent with Federal and State require22 ments; and 

23 ‘‘(vii) that operates independently 

24 from (but may coordinate with) State or 

25 local law enforcement agencies; 


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1 ‘‘(C) available 24 hours per day, every day 

2 of the year; and 

3 ‘‘(D) voluntary to receive. 

4 ‘‘(3) PAYMENTS.— 

5 ‘‘(A) IN GENERAL.—Notwithstanding sec6 tion 1905(b) or 1905(ff) and subject to sub7 sections (y) and (z) of section 1905, during 

8 each of the first 12 fiscal quarters occurring 

9 during the period described in paragraph (1) 

10 that a State meets the requirements described 

11 in paragraph (4), the Federal medical assist12 ance percentage applicable to amounts ex13 pended by the State for medical assistance, 

14 through bundled payments described in para15 graph (1), for qualifying community-based mo16 bile crisis intervention services furnished during 

17 such quarter shall be equal to 85 percent. In no 

18 case shall the application of the previous sen19 tence result in the Federal medical assistance 

20 percentage applicable to amounts expended by a 

21 State for medical assistance for such qualifying 

22 community-based mobile crisis intervention 

23 services furnished during a quarter being less 

24 than the Federal medical assistance percentage 

25 that would apply to such amounts expended by 


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1 the State for such services furnished during 

2 such quarter without application of the previous 

3 sentence. 

4 ‘‘(B) EXCLUSION OF EXPENDITURES FROM

5 TERRITORIAL CAPS.—Expenditures for medical 

6 assistance consisting of qualifying community7 based mobile crisis intervention services fur8 nished in a territory during a quarter with re9 spect to which subparagraph (A) applies to 

10 such territory shall not be taken into account 

11 for purposes of applying payment limits under 

12 subsections (f) and (g) of section 1108. 

13 ‘‘(4) REQUIREMENTS.—The requirements de14 scribed in this paragraph are the following: 

15 ‘‘(A) The State demonstrates, to the satis16 faction of the Secretary— 

17 ‘‘(i) that it will be able to support the 

18 provision of qualifying community-based 

19 mobile crisis intervention services that 

20 meet the conditions specified in paragraph 

21 (2); and 

22 ‘‘(ii) how it will support coordination 

23 between mobile crisis teams and commu24 nity partners, including health care pro25 viders, to enable the provision of services, 


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1 needed referrals, and other activities iden2 tified by the Secretary. 

3 ‘‘(B) The State provides assurances satis4 factory to the Secretary that— 

5 ‘‘(i) any additional Federal funds re6 ceived by the State for qualifying commu7 nity-based mobile crisis intervention serv8 ices provided under this subsection that 

9 are attributable to the increased Federal 

10 medical assistance percentage under para11 graph (3)(A) will be used to supplement, 

12 and not supplant, the level of State funds 

13 expended for such services for the fiscal 

14 year preceding the first fiscal quarter oc15 curring during the period described in 

16 paragraph (1); 

17 ‘‘(ii) if the State made qualifying com18 munity-based mobile crisis intervention 

19 services available in a region of the State 

20 in such fiscal year, the State will continue 

21 to make such services available in such re22 gion under this subsection during each 

23 month occurring during the period de24 scribed in paragraph (1) for which the 

25 Federal medical assistance percentage 


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1 under paragraph (3)(A) is applicable with 

2 respect to the State. 

3 ‘‘(5) FUNDING FOR STATE PLANNING

4 GRANTS.—There is appropriated, out of any funds in 

5 the Treasury not otherwise appropriated, 

6 $15,000,000 to the Secretary for purposes of imple7 menting, administering, and making planning grants 

8 to States as soon as practicable for purposes of de9 veloping a State plan amendment or section 1115, 

10 1915(b), or 1915(c) waiver request (or an amend11 ment to such a waiver) to provide qualifying commu12 nity-based mobile crisis intervention services under 

13 this subsection, to remain available until expended.’’. 

14 SEC. 3105. TEMPORARY INCREASE IN FMAP FOR MEDICAL 

15 ASSISTANCE UNDER STATE MEDICAID PLANS 

16 WHICH BEGIN TO EXPEND AMOUNTS FOR 

17 CERTAIN MANDATORY INDIVIDUALS. 

18 Section 1905 of the Social Security Act (42 U.S.C. 

19 1396d), as amended by section 3101 of this subtitle, is 

20 further amended— 

21 (1) in subsection (b), in the first sentence, by 

22 striking ‘‘and (hh)’’ and inserting ‘‘(hh), and (ii)’’; 

23 (2) in subsection (ff), by striking ‘‘subject to 

24 subsection (hh)’’ and inserting ‘‘subject to sub25 sections (hh) and (ii)’’; and 


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1 (3) by adding at the end the following new sub2 section: 

3 ‘‘(ii) TEMPORARY INCREASE IN FMAP FOR MEDICAL

4 ASSISTANCE UNDER STATE MEDICAID PLANS WHICH

5 BEGIN TO EXPEND AMOUNTS FOR CERTAIN MANDATORY

6 INDIVIDUALS.— 

7 ‘‘(1) IN GENERAL.—For each quarter occurring 

8 during the 8-quarter period beginning with the first 

9 calendar quarter during which a qualifying State (as 

10 defined in paragraph (3)) expends amounts for all 

11 individuals described in section 

12 1902(a)(10)(A)(i)(VIII) under the State plan (or 

13 waiver of such plan), the Federal medical assistance 

14 percentage determined under subsection (b) for such 

15 State shall, after application of any increase, if ap16 plicable, under section 6008 of the Families First 

17 Coronavirus Response Act, be increased by 5 per18 centage points, except for any quarter (and each 

19 subsequent quarter) during such period during 

20 which the State ceases to provide medical assistance 

21 to any such individual under the State plan (or 

22 waiver of such plan). 

23 ‘‘(2) SPECIAL APPLICATION RULES.—Any in24 crease described in paragraph (1) (or payment made 


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1 for expenditures on medical assistance that are sub2 ject to such increase)— 

3 ‘‘(A) shall not apply with respect to dis4 proportionate share hospital payments described 

5 in section 1923; 

6 ‘‘(B) shall not be taken into account in cal7 culating the enhanced FMAP of a State under 

8 section 2105; 

9 ‘‘(C) shall not be taken into account for 

10 purposes of part A, D, or E of title IV; and 

11 ‘‘(D) shall not be taken into account for 

12 purposes of applying payment limits under sub13 sections (f) and (g) of section 1108. 

14 ‘‘(3) DEFINITION.—For purposes of this sub15 section, the term ‘qualifying State’ means a State 

16 which has not expended amounts for all individuals 

17 described in section 1902(a)(10)(A)(i)(VIII) before 

18 the date of the enactment of this subsection.’’. 

19 SEC. 3106. EXTENSION OF 100 PERCENT FEDERAL MEDICAL 

20 ASSISTANCE PERCENTAGE TO URBAN INDIAN 

21 HEALTH ORGANIZATIONS AND NATIVE HA22 WAIIAN HEALTH CARE SYSTEMS. 

23 Section 1905(b) of the Social Security Act (42 U.S.C. 

24 1396d(b)) is amended by inserting after ‘‘(as defined in 

25 section 4 of the Indian Health Care Improvement Act)’’ 


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1 the following: ‘‘; for the 8 fiscal year quarters beginning 

2 with the first fiscal year quarter beginning after the date 

3 of the enactment of the American Rescue Plan Act of 

4 2021, the Federal medical assistance percentage shall also 

5 be 100 per centum with respect to amounts expended as 

6 medical assistance for services which are received through 

7 an Urban Indian organization (as defined in paragraph 

8 (29) of section 4 of the Indian Health Care Improvement 

9 Act) that has a grant or contract with the Indian Health 

10 Service under title V of such Act; and, for such 8 fiscal 

11 year quarters, the Federal medical assistance percentage 

12 shall also be 100 per centum with respect to amounts ex13 pended as medical assistance for services which are re14 ceived through a Native Hawaiian Health Center (as de15 fined in section 12(4) of the Native Hawaiian Health Care 

16 Improvement Act) or a qualified entity (as defined in sec17 tion 6(b) of such Act) that has a grant or contract with 

18 the Papa Ola Lokahi under section 8 of such Act’’. 

19 SEC. 3107. SUNSET OF LIMIT ON MAXIMUM REBATE 

20 AMOUNT FOR SINGLE SOURCE DRUGS AND 

21 INNOVATOR MULTIPLE SOURCE DRUGS. 

22 Section 1927(c)(2)(D) of the Social Security Act (42 

23 U.S.C. 1396r–8(c)(2)(D)) is amended by inserting after 

24 ‘‘December 31, 2009,’’ the following: ‘‘and before January 

25 1, 2023,’’. 


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1 SEC. 3108. ADDITIONAL SUPPORT FOR MEDICAID HOME 

2 AND COMMUNITY-BASED SERVICES DURING 

3 THE COVID–19 EMERGENCY PERIOD. 

4 (a) INCREASED FMAP.— 

5 (1) IN GENERAL.—Notwithstanding section 

6 1905(b) of the Social Security Act (42 U.S.C. 

7 1396d(b)) or section 1905(ff), in the case of a State 

8 that meets the HCBS program conditions under 

9 subsection (b), the Federal medical assistance per10 centage determined for the State under section 

11 1905(b) of such Act (or, if applicable, under section 

12 1905(ff)) and, if applicable, increased under sub13 section (y), (z), (aa), or (ii) of section 1905 of such 

14 Act (42 U.S.C. 1396d), section 1915(k) of such Act 

15 (42 U.S.C. 1396n(k)), or section 6008(a) of the 

16 Families First Coronavirus Response Act (Public 

17 Law 116–127), shall be increased by 7.35 percent18 age points with respect to expenditures of the State 

19 under the State Medicaid program for home and 

20 community-based services (as defined in paragraph 

21 (2)(B)) that are provided during the HCBS program 

22 improvement period (as defined in paragraph 

23 (2)(A)). In no case may the application of the pre24 vious sentence result in the Federal medical assist25 ance percentage determined for a State being more 

26 than 95 percent with respect to such expenditures. 


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1 Any payment made to Puerto Rico, the Virgin Is2 lands, Guam, the Northern Mariana Islands, or 

3 American Samoa for expenditures on medical assist4 ance that are subject to the Federal medical assist5 ance percentage increase specified under the first 

6 sentence of this paragraph shall not be taken into 

7 account for purposes of applying payment limits 

8 under subsections (f) and (g) of section 1108 of the 

9 Social Security Act (42 U.S.C. 1308). 

10 (2) DEFINITIONS.—In this section: 

11 (A) HCBS PROGRAM IMPROVEMENT PE12 RIOD.—The term ‘‘HCBS program improve13 ment period’’ means, with respect to a State, 

14 the period— 

15 (i) beginning on April 1, 2021; and 

16 (ii) ending on March 31, 2022. 

17 (B) HOME AND COMMUNITY-BASED SERV18 ICES.—The term ‘‘home and community-based 

19 services’’ means any of the following: 

20 (i) Home health care services author21 ized under paragraph (7) of section 

22 1905(a) of the Social Security Act (42 

23 U.S.C. 1396d(a)). 

24 (ii) Personal care services authorized 

25 under paragraph (24) of such section. 


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1 (iii) PACE services authorized under 

2 paragraph (26) of such section. 

3 (iv) Home and community-based serv4 ices authorized under subsections (b), (c), 

5 (i), (j), and (k) of section 1915 of such Act 

6 (42 U.S.C. 1396n), such services author7 ized under a waiver under section 1115 of 

8 such Act (42 U.S.C. 1315), and such serv9 ices through coverage authorized under 

10 section 1937 of such Act (42 U.S.C. 

11 1396u–7). 

12 (v) Case management services author13 ized under section 1905(a)(19) of the So14 cial Security Act (42 U.S.C. 1396d(a)(19)) 

15 and section 1915(g) of such Act (42 

16 U.S.C. 1396n(g)). 

17 (vi) Rehabilitative services, including 

18 those related to behavioral health, de19 scribed in section 1905(a)(13) of such Act 

20 (42 U.S.C. 1396d(a)(13)). 

21 (vii) Such other services specified by 

22 the Secretary of Health and Human Serv23 ices. 

24 (C) COVID–19 PUBLIC HEALTH EMER25 GENCY PERIOD.—The term ‘‘COVID–19 public 


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1 health emergency period’’ means the portion of 

2 the emergency period described in paragraph 

3 (1)(B) of section 1135(g) of the Social Security 

4 Act (42 U.S.C. 1320b–5(g)) beginning on or 

5 after the date of the enactment of this Act. 

6 (D) ELIGIBLE INDIVIDUAL.—The term ‘‘el7 igible individual’’ means an individual who is el8 igible for and enrolled for medical assistance 

9 under a State Medicaid program and includes 

10 an individual who becomes eligible for medical 

11 assistance under a State Medicaid program 

12 when removed from a waiting list. 

13 (E) MEDICAID PROGRAM.—The term 

14 ‘‘Medicaid program’’ means, with respect to a 

15 State, the State program under title XIX of the 

16 Social Security Act (42 U.S.C. 1396 et seq.) 

17 (including any waiver or demonstration under 

18 such title or under section 1115 of such Act (42 

19 U.S.C. 1315) relating to such title). 

20 (F) STATE.—The term ‘‘State’’ has the 

21 meaning given such term for purposes of title 

22 XIX of the Social Security Act (42 U.S.C. 1396 

23 et seq.). 

24 (b) STATE REQUIREMENTS FOR FMAP INCREASE.— 

25 As conditions for receipt of the increase under subsection 


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1 (a) to the Federal medical assistance percentage deter2 mined for a State, the State shall meet each of the fol3 lowing conditions (referred to in subsection (a) as the 

4 HCBS program conditions): 

5 (1) SUPPLEMENT, NOT SUPPLANT.—The State 

6 shall use the Federal funds attributable to the in7 crease under subsection (a) to supplement, and not 

8 supplant, the level of State funds expended for home 

9 and community-based services for eligible individuals 

10 through programs in effect as of April 1, 2021. 

11 (2) REQUIRED IMPLEMENTATION OF CERTAIN

12 ACTIVITIES.—The State shall implement one or 

13 more of the following activities to enhance, expand, 

14 or strengthen home and community-based services 

15 under the State Medicaid program: 

16 (A) Increase rates for home health agen17 cies, PACE organizations whose members pro18 vide direct care, and agencies or beneficiaries 

19 that employ direct support professionals (in20 cluding independent providers in a self-directed 

21 or consumer-directed model) to provide home 

22 and community-based services under the State 

23 Medicaid program, if elected by the beneficiary 

24 for continuation of care, provided that any 

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1 ceives payment under such an increased rate in2 creases the compensation it pays its home 

3 health workers or direct support professionals. 

4 (B) Provide paid sick leave, paid family 

5 leave, and paid medical leave for home health 

6 workers and direct support professionals. 

7 (C) Provide hazard pay, overtime pay, and 

8 shift differential pay for home health workers 

9 and direct support professionals. 

10 (D) Provide home and community-based 

11 services to eligible individuals in order to reduce 

12 waiting lists for programs approved under sec13 tions 1115 or 1915 of the Social Security Act 

14 (42 U.S.C. 1315, 1396n). 

15 (E) Purchase emergency supplies and 

16 equipment, which may include items not typi17 cally covered under the Medicaid program nec18 essary to enhance access to services and to pro19 tect the health and well-being of home health 

20 workers and direct support professionals. 

21 (F) Recruit new home health workers and 

22 direct support professionals. 

23 (G) Support family care providers of eligi24 ble individuals with needed supplies and equip25 ment, which may include items not typically 


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1 covered under the Medicaid program, such as 

2 personal protective equipment, and pay. 

3 (H) Pay for training for home health 

4 workers and direct support professionals that is 

5 specific to the COVID–19 public health emer6 gency. 

7 (I) Pay for assistive technologies, staffing, 

8 and other costs incurred during the COVID–19 

9 public health emergency period in order to miti10 gate isolation and ensure an individual’s per11 son-centered service plan continues to be fully 

12 implemented. 

13 (J) Prepare information and public health 

14 and educational materials in accessible formats 

15 (including formats accessible to people with low 

16 literacy or intellectual disabilities) about preven17 tion, treatment, recovery and other aspects of 

18 COVID–19 for eligible individuals, their fami19 lies, and the general community served by com20 munity partners, such as Area Agencies on 

21 Aging, Centers for Independent Living, non22 profit home and community-based services pro23 viders, and other entities providing home and 

24 community-based services. 


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1 (K) Pay for American sign language and 

2 other languages interpreters to assist in pro3 viding home and community-based services to 

4 eligible individuals and to inform the general 

5 public about COVID–19. 

6 (L) Pay for retainer payments for home 

7 and community-based services providers, includ8 ing home health workers and direct support 

9 professionals (regardless of whether such pay10 ments directly benefit a beneficiary) which may 

11 be provided without limits on duration during 

12 the COVID–19 public health emergency period. 

13 (M) Pay for other expenses deemed appro14 priate by the Secretary to enhance, expand, or 

15 strengthen Home and Community-Based Serv16 ices and expenses which meet the criteria of the 

17 home and community-based settings rule pub18 lished on January 16, 2014. 

19 (N) Support (including by paying for mov20 ing costs, security deposits or first month’s 

21 rent, one-time stocking of food products suffi22 cient for the initial month, and other one-time 

23 expenses and start-up costs) transitions from 

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1 porary housing for individuals who are eligible 

2 for home and community-based services. 

3 (O) Assist eligible individuals in receiving 

4 mental health services and necessary rehabilita5 tive service to regain skills lost during the 

6 COVID–19 public health emergency period. 

7 (P) Assist eligible individuals who had to 

8 relocate to a nursing facility or institutional set9 ting from their homes during the COVID–19 

10 public health emergency period, who were iso11 lated in their homes during such period, or who 

12 moved into congregate non-institutional settings 

13 as a result of such period, in— 

14 (i) moving back to their homes (in15 cluding by paying for moving costs, secu16 rity deposits or first month’s rent, one17 time stocking of food products sufficient 

18 for the initial month, and other one-time 

19 expenses and start-up costs); and 

20 (ii) continuing home and community21 based services for eligible individuals who 

22 were served from a waiting list for such 

23 services during the public health emer24 gency period. 


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1 SEC. 3109. FUNDING FOR STATE STRIKE TEAMS FOR RESI2 DENT AND EMPLOYEE SAFETY IN NURSING 

3 FACILITIES. 

4 Section 1919 of the Social Security Act (42 U.S.C. 

5 1396r) is amended by adding at the end the following new 

6 subsection: 

7 ‘‘(k) FUNDING FOR STATE STRIKE TEAMS.—In addi8 tion to amounts otherwise available, there is appropriated 

9 to the Secretary, out of any monies in the Treasury not 

10 otherwise appropriated, $250,000,000, to remain available 

11 until expended, for purposes of allocating such amount 

12 among the States (including the District of Columbia and 

13 each territory of the United States) to increase the capac14 ity of such a State to respond to COVID–19 by allowing 

15 such a State to establish and implement a strike team that 

16 will be deployed to a nursing facility in the State with di17 agnosed or suspected cases of COVID–19 among residents 

18 or staff for the purposes of assisting with clinical care, 

19 infection control, or staffing during the emergency period 

20 described in section 1135(g)(1)(B).’’. 

21 Subtitle C—Children’s Health 

22 Insurance Program 

23 SEC. 3201. MANDATORY COVERAGE OF COVID–19 VACCINES 

24 AND ADMINISTRATION AND TREATMENT 

25 UNDER CHIP. 

26 (a) COVERAGE.— 


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1 (1) IN GENERAL.—Section 2103(c) of the So2 cial Security Act (42 U.S.C. 1397cc(c)) is amended 

3 by adding at the end the following paragraph: 

4 ‘‘(11) REQUIRED COVERAGE OF COVID–19 VAC5 CINES AND TREATMENT.—Regardless of the type of 

6 coverage elected by a State under subsection (a), the 

7 child health assistance provided for a targeted low8 income child, and, in the case of a State that elects 

9 to provide pregnancy-related assistance pursuant to 

10 section 2112, the pregnancy-related assistance pro11 vided for a targeted low-income pregnant woman (as 

12 such terms are defined for purposes of such section), 

13 shall include coverage, during the period beginning 

14 on the date of the enactment of this paragraph and 

15 ending on the last day of the first calendar quarter 

16 that begins at least one year after the last day of 

17 the emergency period described in section 

18 1135(g)(1)(B), of— 

19 ‘‘(A) a COVID–19 vaccine (and the admin20 istration of the vaccine); and 

21 ‘‘(B) testing and treatments for COVID22 19, including specialized equipment and thera23 pies (including preventive therapies), and, in 

24 the case of an individual who is diagnosed with 

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1 riod during which such individual has (or is 

2 presumed to have) COVID–19, the treatment of 

3 a condition that may seriously complicate the 

4 treatment of COVID–19, if otherwise covered 

5 under the State child health plan (or waiver of 

6 such plan).’’. 

7 (2) PROHIBITION OF COST SHARING.—Section 

8 2103(e)(2) of the Social Security Act (42 U.S.C. 

9 1397cc(e)(2)), as amended by section 6004(b)(3) of 

10 the Families First Coronavirus Response Act, is 

11 amended— 

12 (A) in the paragraph header, by inserting 

13 ‘‘A COVID–19 VACCINE, COVID–19 TREATMENT,’’ 

14 before ‘‘OR PREGNANCY-RELATED ASSISTANCE’’; 

15 and 

16 (B) by striking ‘‘visits described in section 

17 1916(a)(2)(G), or’’ and inserting ‘‘services de18 scribed in section 1916(a)(2)(G), vaccines de19 scribed in section 1916(a)(2)(H) administered 

20 during the period described in such section (and 

21 the administration of such vaccines), testing or 

22 treatments described in section 1916(a)(2)(I) 

23 furnished during the period described in such 

24 section, or’’. 


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1 (b) TEMPORARY INCREASE IN FEDERAL PAYMENTS

2 FOR COVERAGE AND ADMINISTRATION OF COVID–19 

3 VACCINES.—Section 2105(c) of the Social Security Act 

4 (42 U.S.C. 1397ee(c)) is amended by adding at the end 

5 the following new paragraph: 

6 ‘‘(12) TEMPORARY ENHANCED PAYMENT FOR

7 COVERAGE AND ADMINISTRATION OF COVID–19 VAC8 CINES.—During the period described in section 

9 1905(hh)(2), notwithstanding subsection (b), the en10 hanced FMAP for a State, with respect to payments 

11 under subsection (a) for expenditures under the 

12 State child health plan (or a waiver of such plan) for 

13 a vaccine described in section 1905(a)(4)(E) (and 

14 the administration of such a vaccine), shall be equal 

15 to 100 percent.’’. 

16 (c) ADJUSTMENT OF CHIP ALLOTMENTS.—Section 

17 2104(m) of the Social Security Act (42 U.S.C. 

18 1397dd(m)) is amended— 

19 (1) in paragraph (2)(B), in the matter pre20 ceding clause (i), by striking ‘‘paragraphs (5) and 

21 (7)’’ and inserting ‘‘paragraphs (5), (7), and (12)’’; 

22 and 

23 (2) by adding at the end the following new 

24 paragraph: 


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1 ‘‘(12) ADJUSTING ALLOTMENTS TO ACCOUNT

2 FOR INCREASED FEDERAL PAYMENTS FOR COV3 ERAGE AND ADMINISTRATION OF COVID–19 VAC4 CINES.—If a State, commonwealth, or territory re5 ceives payment for a fiscal year (beginning with fis6 cal year 2021) under subsection (a) of section 2105 

7 for expenditures that are subject to the enhanced 

8 FMAP specified under subsection (c)(12) of such 

9 section, the amount of the allotment determined for 

10 the State, commonwealth, or territory under this 

11 subsection— 

12 ‘‘(A) for such fiscal year shall be increased 

13 by the projected expenditures for such year by 

14 the State, commonwealth, or territory under the 

15 State child health plan (or a waiver of such 

16 plan) for vaccines described in section 

17 1905(a)(4)(E) (and the administration of such 

18 vaccines); and 

19 ‘‘(B) once actual expenditures are available 

20 in the subsequent fiscal year, the fiscal year al21 lotment that was adjusted by the amount de22 scribed in subparagraph (A) shall be adjusted 

23 on the basis of the difference between— 

24 ‘‘(i) such projected amount of expend25 itures described in subparagraph (A) for 


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1 such fiscal year described in such subpara2 graph by the State, commonwealth, or ter3 ritory; and 

4 ‘‘(ii) the actual amount of expendi5 tures for such fiscal year described in sub6 paragraph (A) by the State, common7 wealth, or territory under the State child 

8 health plan (or waiver of such plan) for 

9 vaccines described in section 1905(a)(4)(E) 

10 (and the administration of such vac11 cines).’’. 

12 SEC. 3202. MODIFICATIONS TO CERTAIN COVERAGE UNDER 

13 CHIP FOR PREGNANT AND POSTPARTUM 

14 WOMEN. 

15 (a) MODIFICATIONS TO COVERAGE.— 

16 (1) IN GENERAL.—Section 2107(e)(1) of the 

17 Social Security Act (42 U.S.C. 1397gg(e)(1)) is 

18 amended— 

19 (A) by redesignating subparagraphs (J) 

20 through (S) as subparagraphs (K) through (T), 

21 respectively; and 

22 (B) by inserting after subparagraph (I) the 

23 following new subparagraph: 

24 ‘‘(J) Paragraphs (5) and (16) of section 

25 1902(e) (relating to the State option to provide 


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1 medical assistance consisting of full benefits 

2 during pregnancy and throughout the 12-month 

3 postpartum period under title XIX, but only if 

4 the State has elected to apply such paragraph 

5 (16) with respect to pregnant women under 

6 title XIX and provides child health assistance 

7 for targeted low-income children who are preg8 nant or has elected under section 2112(a) to 

9 provide pregnancy-related assistance for tar10 geted low-income pregnant women and, in the 

11 case of such a State, the provision of assistance 

12 under the State child health plan for such tar13 geted low-income children or targeted low-in14 come pregnant women (as applicable) during 

15 pregnancy and the 12-month postpartum period 

16 shall be required and not at the option of the 

17 State, and subparagraph (B) of section 

18 1902(e)(16) shall be applied to the State child 

19 health plan or waiver as requiring coverage of 

20 all items or services provided to a targeted low 

21 income children or targeted low-income preg22 nant woman (as applicable) under such plan or 

23 waiver).’’. 

24 (2) OPTIONAL COVERAGE OF TARGETED LOW25 INCOME PREGNANT WOMEN.—Section 2112(d)(2)(A) 


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1 of the Social Security Act (42 U.S.C. 

2 1397ll(d)(2)(A)) is amended by inserting after ‘‘60- 

3 day period’’ the following: ‘‘, or, in the case that 

4 subparagraph (A) of section 1902(e)(16) applies to 

5 the State child health plan (or waiver of such plan), 

6 pursuant to section 2107(e)(1), the 12-month pe7 riod,’’. 

8 (b) EFFECTIVE DATE.—The amendments made by 

9 subsection (a), shall apply with respect to State elections 

10 made under paragraph (16) of section 1902(e) of the So11 cial Security Act (42 U.S.C. 1396a(e)), as added by sec12 tion 3102(a) of subtitle B of this title, during the 5-year 

13 period beginning on the 1st day of the 1st fiscal year quar14 ter that begins at least one year after the date of the en15 actment of this Act. 

16 Subtitle D—Other Provisions 

17 CHAPTER 1—ENSURING ENVIRONMENTAL 

18 HEALTH AND RATEPAYER PROTEC19 TION DURING THE PANDEMIC 

20 SEC. 3301. FUNDING FOR POLLUTION AND DISPARATE IM21 PACTS OF THE COVID–19 PANDEMIC. 

22 (a) IN GENERAL.—In addition to amounts otherwise 

23 available, there is appropriated to the Environmental Pro24 tection Agency for fiscal year 2021, out of any money in 

25 the Treasury not otherwise appropriated, $100,000,000, 


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1 to remain available until expended, to address health out2 come disparities from pollution and the COVID–19 pan3 demic, of which— 

4 (1) $50,000,000, shall be for grants, contracts, 

5 and other agency activities that implement the envi6 ronmental justice purposes and objectives described 

7 in Executive Order 12898 titled ‘‘Federal Actions 

8 To Address Environmental Justice in Minority Pop9 ulations and Low-Income Populations’’ (59 Fed. 

10 Reg. 7629), as amended; section 219 of Executive 

11 Order 14008 titled ‘‘Tackling the Climate Crisis at 

12 Home and Abroad’’ (86 Fed. Reg. 7619); and the 

13 Environmental Protection Agency’s Environmental 

14 Justice 2020 Action Agenda, published May 22, 

15 2016; and 

16 (2) $50,000,000 shall be for grants and activi17 ties authorized under subsections (a) through (c) of 

18 section 103 of the Clean Air Act (42 U.S.C. 7403) 

19 and grants and activities authorized under section 

20 105 of such Act (42 U.S.C. 7405). 

21 (b) ADMINISTRATION OF FUNDS.— 

22 (1) Of the funds made available pursuant to 

23 subsection (a)(1), the Administrator shall reserve 2 

24 percent for administrative costs necessary to carry 

25 out activities funded pursuant to such subsection. 


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1 (2) Of the funds made available pursuant to 

2 subsection (a)(2), the Administrator shall reserve 5 

3 percent for activities funded pursuant to such sub4 section other than grants. 

5 SEC. 3302. FUNDING FOR LIHEAP. 

6 In addition to amounts otherwise available, there is 

7 appropriated for fiscal year 2021, out of any amounts in 

8 the Treasury not otherwise appropriated, $4,500,000,000, 

9 to remain available through September 30, 2022, for addi10 tional funding to provide payments under section 2602(b) 

11 of the Low-Income Home Energy Assistance Act of 1981 

12 (42 U.S.C. 8621(b)), except that— 

13 (1) $2,250,000,000 of such amounts shall be 

14 allocated as though the total appropriation for such 

15 payments for fiscal year 2021 was less than 

16 $1,975,000,000; 

17 (2) section 2607(b)(2)(B) of such Act (42 

18 U.S.C. 8626(b)(2)(B)) shall not apply to funds ap19 propriated under this section for fiscal year 2021; 

20 and 

21 (3) with respect to amounts appropriated under 

22 this section for fiscal year 2021, notwithstanding 

23 section 2604(d) of such Act (42 U.S.C. 8623(d)), 

24 the Secretary shall reserve under such section 

25 2604(d) amounts for Indian tribes that bear the 


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1 same ratio, for each Indian tribe, that the amount 

2 reserved for the Indian tribe, from funds appro3 priated for such payments for fiscal year 2021 be4 fore the date of enactment of this section, bore to 

5 the amount allotted to the applicable State for such 

6 payments from any such appropriated funds. 

7 SEC. 3303. FUNDING FOR WATER ASSISTANCE PROGRAM. 

8 (a) IN GENERAL.—In addition to amounts otherwise 

9 available, there is appropriated to the Secretary of Health 

10 and Human Services for fiscal year 2021, out of any 

11 amounts in the Treasury not otherwise appropriated, 

12 $500,000,000, to remain available until expended, for 

13 grants to States and Indian Tribes to assist low-income 

14 households, particularly those with the lowest incomes, 

15 that pay a high proportion of household income for drink16 ing water and wastewater services, by providing funds to 

17 owners or operators of public water systems or treatment 

18 works to reduce arrearages of and rates charged to such 

19 households for such services. 

20 (b) ALLOTMENT.—The Secretary shall— 

21 (1) allot amounts appropriated in this section to 

22 a State or Indian Tribe based on— 

23 (A) the percentage of households in the 

24 State, or under the jurisdiction of the Indian 


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1 Tribe, with income equal or less than 150 per2 cent of the Federal poverty line; and 

3 (B) the percentage of households in the 

4 State, or under the jurisdiction of the Indian 

5 Tribe, that spend more than 30 percent of 

6 monthly income on housing; and 

7 (2) reserve up to 3 percent of the amount ap8 propriated in this section for Indian Tribes and trib9 al organizations. 

10 CHAPTER 2—DISTANCE LEARNING AND 

11 CONSUMER PROTECTION DURING THE 

12 COVID–19 PANDEMIC 

13 SEC. 3311. FUNDING FOR CONSUMER PRODUCT SAFETY 

14 FUND TO PROTECT CONSUMERS FROM PO15 TENTIALLY DANGEROUS PRODUCTS RE16 LATED TO COVID–19. 

17 (a) APPROPRIATION.—In addition to amounts other18 wise available, there is appropriated to the Consumer 

19 Product Safety Commission for fiscal year 2021, out of 

20 any money in the Treasury not otherwise appropriated, 

21 $50,000,000, to remain available until September 30, 

22 2026, for the purposes described in subsection (b). 

23 (b) PURPOSES.—The funds made available in sub24 section (a) shall only be used for purposes of the Con25 sumer Product Safety Commission to— 


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1 (1) carry out the requirements in title XX of di2 vision FF of the Consolidated Appropriations Act, 

3 2021 (Public Law 116–260); 

4 (2) enhance targeting, surveillance, and screen5 ing of consumer products, particularly COVID–19 

6 products, entering the United States at ports of 

7 entry, including ports of entry for de minimis ship8 ments; 

9 (3) enhance monitoring of internet websites for 

10 the offering for sale of new and used violative con11 sumer products, particularly COVID–19 products, 

12 and coordination with retail and resale websites to 

13 improve identification and elimination of listings of 

14 such products; 

15 (4) increase awareness and communication par16 ticularly of COVID–19 product related risks and 

17 other consumer product safety information; and 

18 (5) improve the Commission’s data collection 

19 and analysis system especially with a focus on con20 sumer product safety risks resulting from the 

21 COVID–19 pandemic to socially disadvantaged indi22 viduals and other vulnerable populations. 

23 (c) DEFINITIONS.—In this section— 

24 (1) the term ‘‘Commission’’ means the Con25 sumer Product Safety Commission; 


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1 (2) the term ‘‘de minimis shipments’’ means ar2 ticles containing consumer products entering the 

3 United States under the de minimis value exemption 

4 in section 321(a)(2)(C) of the Tariff Act of 1930 

5 (19 U.S.C. 1321(a)(2)(C)); 

6 (3) the term ‘‘violative consumer products’’ 

7 means consumer products in violation of an applica8 ble consumer product safety standard under the 

9 Consumer Product Safety Act (15 U.S.C. 2051 et 

10 seq.) or any similar rule, regulation, standard, or 

11 ban under any other Act enforced by the Commis12 sion; 

13 (4) the term ‘‘COVID–19 emergency period’’ 

14 means the period during which a public health emer15 gency declared pursuant to section 319 of the Public 

16 Health Service Act (42 U.S.C. 247d) with respect to 

17 the 2019 novel coronavirus (COVID–19), including 

18 under any renewal of such declaration, is in effect; 

19 and 

20 (5) the term ‘‘COVID–19 products’’ means 

21 products whose risks have been significantly affected 

22 by COVID–19 or whose sales have materially in23 creased during the COVID–19 emergency period as 

24 a result of the COVID–19 pandemic. 


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1 SEC. 3312. FUNDING FOR E-RATE SUPPORT FOR EMER2 GENCY EDUCATIONAL CONNECTIONS AND 

3 DEVICES. 

4 (a) REGULATIONS REQUIRED.—Not later than 60 

5 days after the date of the enactment of this Act, the Com6 mission shall promulgate regulations providing for the 

7 provision, from amounts made available from the Emer8 gency Connectivity Fund, of support under paragraphs 

9 (1)(B) and (2) of section 254(h) of the Communications 

10 Act of 1934 (47 U.S.C. 254(h)) to an eligible school or 

11 library, for the purchase during a COVID–19 emergency 

12 period of eligible equipment or advanced telecommuni13 cations and information services (or both), for use by— 

14 (1) in the case of a school, students and staff 

15 of the school at locations that include locations other 

16 than the school; and 

17 (2) in the case of a library, patrons of the li18 brary at locations that include locations other than 

19 the library. 

20 (b) SUPPORT AMOUNT.—In providing support under 

21 the covered regulations, the Commission shall reimburse 

22 100 percent of the costs associated with the eligible equip23 ment, advanced telecommunications and information serv24 ices, or eligible equipment and advanced telecommuni25 cations and information services, except that any reim26 bursement of a school or library for the costs associated 


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1 with any eligible equipment may not exceed an amount 

2 that the Commission determines, with respect to the re3 quest by the school or library for the reimbursement, is 

4 reasonable. 

5 (c) EMERGENCY CONNECTIVITY FUND.— 

6 (1) ESTABLISHMENT.—There is established in 

7 the Treasury of the United States a fund to be 

8 known as the ‘‘Emergency Connectivity Fund’’. 

9 (2) APPROPRIATION.—In addition to amounts 

10 otherwise available, there is appropriated to the 

11 Emergency Connectivity Fund for fiscal year 2021, 

12 out of any money in the Treasury not otherwise ap13 propriated— 

14 (A) $7,599,000,000, to remain available 

15 until September 30, 2030, for— 

16 (i) the provision of support under the 

17 covered regulations; and 

18 (ii) the Commission to adopt, and the 

19 Commission and the Universal Service Ad20 ministrative Company to administer, the 

21 covered regulations; and 

22 (B) $1,000,000, to remain available until 

23 September 30, 2030, for the Inspector General 

24 of the Commission to conduct oversight of sup25 port provided under the covered regulations. 


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1 (3) LIMITATION.—Not more than 2 percent of 

2 the amount made available under paragraph (2)(A) 

3 may be used for the purposes described in clause (ii) 

4 of such paragraph. 

5 (4) RELATIONSHIP TO UNIVERSAL SERVICE

6 CONTRIBUTIONS.—Support provided under the cov7 ered regulations shall be provided from amounts 

8 made available from the Emergency Connectivity 

9 Fund and not from contributions under section 

10 254(d) of the Communications Act of 1934 (47 

11 U.S.C. 254(d)). 

12 (d) DEFINITIONS.—In this section: 

13 (1) ADVANCED TELECOMMUNICATIONS AND IN14 FORMATION SERVICES.—The term ‘‘advanced tele15 communications and information services’’ means 

16 advanced telecommunications and information serv17 ices, as such term is used in section 254(h) of the 

18 Communications Act of 1934 (47 U.S.C. 254(h)). 

19 (2) COMMISSION.—The term ‘‘Commission’’ 

20 means the Federal Communications Commission. 

21 (3) CONNECTED DEVICE.—The term ‘‘con22 nected device’’ means a laptop computer, tablet com23 puter, or similar end-user device that is capable of 

24 connecting to advanced telecommunications and in25 formation services. 


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1 (4) COVERED REGULATIONS.—The term ‘‘cov2 ered regulations’’ means the regulations promul3 gated under subsection (a). 

4 (5) COVID–19 EMERGENCY PERIOD.—The 

5 term ‘‘COVID–19 emergency period’’ means a pe6 riod that— 

7 (A) begins on the date of a determination 

8 by the Secretary of Health and Human Services 

9 pursuant to section 319 of the Public Health 

10 Service Act (42 U.S.C. 247d) that a public 

11 health emergency exists as a result of COVID– 

12 19; and 

13 (B) ends on the June 30 that first occurs 

14 after the date that is 1 year after the date on 

15 which such determination (including any re16 newal thereof) terminates. 

17 (6) ELIGIBLE EQUIPMENT.—The term ‘‘eligible 

18 equipment’’ means the following: 

19 (A) Wi-Fi hotspots. 

20 (B) Modems. 

21 (C) Routers. 

22 (D) Devices that combine a modem and 

23 router. 

24 (E) Connected devices. 


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1 (7) ELIGIBLE SCHOOL OR LIBRARY.—The term 

2 ‘‘eligible school or library’’ means an elementary 

3 school, secondary school, or library (including a 

4 Tribal elementary school, Tribal secondary school, or 

5 Tribal library) eligible for support under paragraphs 

6 (1)(B) and (2) of section 254(h) of the Communica7 tions Act of 1934 (47 U.S.C. 254(h)), except as pro8 vided in paragraph (10). 

9 (8) EMERGENCY CONNECTIVITY FUND.—The 

10 term ‘‘Emergency Connectivity Fund’’ means the 

11 fund established under subsection (c)(1). 

12 (9) LIBRARY.—The term ‘‘library’’ includes a 

13 library consortium. 

14 (10) TRIBAL LIBRARY.—The term ‘‘Tribal li15 brary’’ means, only during a COVID–19 emergency 

16 period, a facility owned by an Indian Tribe, serving 

17 Indian Tribes, or serving American Indians, Alaskan 

18 Natives, or Native Hawaiian communities, includ19 ing— 

20 (A) a library or library consortium; or 

21 (B) a government building, chapter house, 

22 longhouse, community center, or other similar 

23 public building; 

24 and such facility need not comply with the portion 

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1 nications Act of 1934 (47 U.S.C. 254(h)) relating to 

2 eligibility for assistance from a State library admin3 istrative agency. 

4 (11) WI-FI.—The term ‘‘Wi-Fi’’ means a wire5 less networking protocol based on Institute of Elec6 trical and Electronics Engineers standard 802.11 

7 (or any successor standard). 

8 (12) WI-FI HOTSPOT.—The term ‘‘Wi-Fi 

9 hotspot’’ means a device that is capable of— 

10 (A) receiving advanced telecommunications 

11 and information services; and 

12 (B) sharing such services with a connected 

13 device through the use of Wi-Fi. 

14 CHAPTER 3—OVERSIGHT OF DEPART15 MENT OF COMMERCE PREVENTION 

16 AND RESPONSE TO COVID–19 

17 SEC. 3321. FUNDING FOR DEPARTMENT OF COMMERCE IN18 SPECTOR GENERAL. 

19 In addition to amounts otherwise available, there is 

20 appropriated to the Office of the Inspector General of the 

21 Department of Commerce for fiscal year 2021, out of any 

22 money in the Treasury not otherwise appropriated, 

23 $3,000,000, to remain available until September 30, 2022, 

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1 pare for, and respond to COVID–19, domestically or inter2 nationally. 

3 TITLE IV—COMMITTEE ON 

4 FINANCIAL SERVICES 

5 Subtitle A—Defense Production Act 

6 of 1950 

7 SEC. 4001. COVID–19 EMERGENCY MEDICAL SUPPLIES EN8 HANCEMENT. 

9 (a) SUPPORTING ENHANCED USE OF THE DEFENSE

10 PRODUCTION ACT OF 1950.—In addition to funds other11 wise available, there is appropriated, for fiscal year 2021, 

12 out of any money in the Treasury not otherwise appro13 priated, $10,000,000,000, to remain available until Sep14 tember 30, 2025, to carry out titles I, III, and VII of the 

15 Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) 

16 in accordance with subsection (b). 

17 (b) MEDICAL SUPPLIES AND EQUIPMENT.— 

18 (1) TESTING, PPE, VACCINES, AND OTHER MA19 TERIALS.—Except as provided in paragraph (2), 

20 amounts appropriated in subsection (a) shall be used 

21 for the purchase, production (including the construc22 tion, repair, and retrofitting of government-owned or 

23 private facilities as necessary), or distribution of 

24 medical supplies and equipment (including durable 


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1 medical equipment) related to combating the 

2 COVID–19 pandemic, including— 

3 (A) in vitro diagnostic products (as defined 

4 in section 809.3(a) of title 21, Code of Federal 

5 Regulations) for the detection of SARS-CoV-2 

6 or the diagnosis of the virus that causes 

7 COVID–19, and the reagents and other mate8 rials necessary for producing, conducting, or 

9 administering such products, and the machin10 ery, equipment, laboratory capacity, or other 

11 technology necessary to produce such products; 

12 (B) face masks and personal protective 

13 equipment, including face shields, nitrile gloves, 

14 N–95 filtering facepiece respirators, and any 

15 other masks or equipment (including durable 

16 medical equipment) determined by the Sec17 retary of Health and Human Services to be 

18 needed to respond to the COVID–19 pandemic, 

19 and the materials, machinery, additional manu20 facturing lines or facilities, or other technology 

21 necessary to produce such equipment; and 

22 (C) drugs and devices (as those terms are 

23 defined in the Federal Food, Drug, and Cos24 metic Act (21 U.S.C. 301 et seq.)) and biologi25 cal products (as that term is defined by section 


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1 351 of the Public Health Service Act (42 

2 U.S.C. 262)) that are approved, cleared, li3 censed, or authorized under either of such Acts 

4 for use in treating or preventing COVID–19 

5 and symptoms related to COVID–19, and any 

6 materials, manufacturing machinery, additional 

7 manufacturing or fill-finish lines or facilities, 

8 technology, or equipment (including durable 

9 medical equipment) necessary to produce or use 

10 such drugs, biological products, or devices (in11 cluding syringes, vials, or other supplies or 

12 equipment related to delivery, distribution, or 

13 administration). 

14 (2) RESPONDING TO PUBLIC HEALTH EMER15 GENCIES.—After September 30, 2022, amounts ap16 propriated in subsection (a) may be used for any ac17 tivity authorized by paragraph (1), or any other ac18 tivity that the Secretary of Health and Human Serv19 ices determines to be necessary, to meet critical pub20 lic health needs of the United States, with respect 

21 to any pathogen that the President has determined 

22 has the potential for creating a public health emer23 gency. 


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1 (c) DELEGATION AUTHORITY.—For purposes of 

2 using amounts appropriated in subsection (a), the Presi3 dent shall only delegate authority to— 

4 (1) with respect to any uses described under 

5 subsection (b), the Secretary of Health and Human 

6 Services; 

7 (2) with respect to uses described under sub8 section (b)(1), the head of any other agency respon9 sible for responding to the COVID-19 pandemic if 

10 the President determines that such delegation is im11 portant to an effective response to such pandemic; 

12 and 

13 (3) with respect to uses described under sub14 section (b)(2), the head of any other agency respon15 sible for responding to any pathogen with the poten16 tial for creating a public health emergency if the 

17 President determines that such delegation is impor18 tant to an effective response to a public health emer19 gency that may be created by such pathogen. 

20 (d) APPLICATION OF LIMITATIONS UNDER THE DE21 FENSE PRODUCTION ACT OF 1950.—The requirements 

22 described in section 304(e) of the Defense Production Act 

23 of 1950 (50 U.S.C. 4534(e)) shall not apply to the funds 

24 appropriated in subsection (a) until September 30, 2025. 


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1 Subtitle B—Housing Provisions 

2 SEC. 4101. EMERGENCY RENTAL ASSISTANCE. 

3 (a) FUNDING.— 

4 (1) APPROPRIATION.—In addition to amounts 

5 otherwise available, there is appropriated to the Sec6 retary of the Treasury for fiscal year 2021, out of 

7 any money in the Treasury not otherwise appro8 priated, $19,050,000,000, to remain available until 

9 September 30, 2027, for making payments to eligi10 ble grantees under this section— 

11 (2) RESERVATION OF FUNDS.—Of the amount 

12 appropriated under paragraph (1), the Secretary 

13 shall reserve— 

14 (A) $305,000,000 for making payments 

15 under this section to the Commonwealth of 

16 Puerto Rico, the United States Virgin Islands, 

17 Guam, the Commonwealth of the Northern 

18 Mariana Islands, and American Samoa; 

19 (B) $30,000,000 for costs of the Secretary 

20 for the administration of emergency rental as21 sistance programs and technical assistance to 

22 recipients of any grants made by the Secretary 

23 to provide financial and other assistance to 

24 renters; and 


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1 (C) $3,000,000 for administrative expenses 

2 of the Inspector General relating to oversight of 

3 funds provided in this section. 

4 (b) ALLOCATION FOR RENTAL AND UTILITY ASSIST5 ANCE.— 

6 (1) ALLOCATION FOR STATES AND UNITS OF

7 LOCAL GOVERNMENT.— 

8 (A) IN GENERAL.—The amount appro9 priated under paragraph (1) of subsection (a) 

10 that remains after the application of paragraph 

11 (2) of such subsection shall be allocated to eligi12 ble grantees described in subparagraphs (A) 

13 and (B) of subsection (i)(1) in the same man14 ner as the amount appropriated under section 

15 501 of subtitle A of title V of division N of the 

16 Consolidated Appropriations Act, 2021 (Public 

17 Law 116–260) is allocated to States and units 

18 of local government under subsection (b)(1) of 

19 such section, except that section 501(b) of such 

20 subtitle A shall be applied— 

21 (i) without regard to clause (i) of 

22 paragraph (1)(A); 

23 (ii) by deeming the amount appro24 priated under paragraph (1) of subsection 

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1 plication of paragraph (2) of such sub2 section to be the amount deemed to apply 

3 for purposes of applying clause (ii) of sec4 tion 501(b)(1)(A) of such subtitle A; 

5 (iii) by substituting ‘‘$152,000,000’’ 

6 for ‘‘$200,000,000’’ each place such term 

7 appears; 

8 (iv) in subclause (I) of such section 

9 501(b)(1)(A)(v), by substituting ‘‘under 

10 section 4101 of the American Rescue Plan 

11 Act of 2021’’ for ‘‘under this section’’; and 

12 (v) in subclause (II) of such section 

13 501(b)(1)(A)(v), by substituting ‘‘local 

14 government elects to receive funds from 

15 the Secretary under section 4101 of the 

16 American Rescue Plan Act of 2021 and 

17 will use the funds in a manner consistent 

18 with such section’’ for ‘‘local government’s 

19 proposed uses of the funds are consistent 

20 with subsection (d)’’. 

21 (B) PRO RATA ADJUSTMENT.—The Sec22 retary shall make pro rata adjustments in the 

23 amounts of the allocations determined under 

24 subparagraph (A) of this paragraph for entities 

25 described in such subparagraph as necessary to 


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1 ensure that the total amount of allocations 

2 made pursuant to such subparagraph does not 

3 exceed the remainder appropriated amount de4 scribed in such subparagraph. 

5 (2) ALLOCATIONS FOR TERRITORIES.—The 

6 amount reserved under subsection (a)(2)(A) shall be 

7 allocated to eligible grantees described in subsection 

8 (i)(1)(C) in the same manner as the amount appro9 priated under section 501(a)(2)(A) of subtitle A of 

10 title V of division N of the Consolidated Appropria11 tions Act, 2021 (Public Law 116–260) is allocated 

12 under section 501(b)(3) of such subtitle A to eligible 

13 grantees under subparagraph (C) of such section 

14 501(b)(3), except that section 501(b)(3) of such sub15 title A shall be applied— 

16 (A) in subparagraph (A), by inserting ‘‘of 

17 this Act’’ after ‘‘the amount reserved under 

18 subsection (a)(2)(A)’’; and 

19 (B) in clause (i) of subparagraph (B), by 

20 substituting ‘‘the amount equal to 0.3 percent 

21 of the amount appropriated under subsection 

22 (a)(1)’’ with ‘‘the amount equal to 0.3 percent 

23 of the amount appropriated under subsection 

24 (a)(1) of this Act’’. 

25 (c) PAYMENT SCHEDULE.— 


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1 (1) IN GENERAL.—The Secretary shall pay all 

2 eligible grantees not less than 50 percent of each 

3 such eligible grantee’s total allocation provided 

4 under subsection (b) within 60 days of enactment of 

5 this Act. 

6 (2) SUBSEQUENT PAYMENTS.—The Secretary 

7 shall pay to eligible grantees additional amounts in 

8 tranches up to the full amount of each such eligible 

9 grantee’s total allocation in accordance with a proce10 dure established by the Secretary, provided that any 

11 such procedure established by the Secretary shall re12 quire that an eligible grantee must have obligated 

13 not less than 75 percent of the funds already dis14 bursed by the Secretary pursuant to this section 

15 prior to disbursement of additional amounts. 

16 (d) USE OF FUNDS.— 

17 (1) IN GENERAL.—An eligible grantee shall 

18 only use the funds provided from payments made 

19 under this section as follows: 

20 (A) FINANCIAL ASSISTANCE.— 

21 (i) IN GENERAL.—Subject to clause 

22 (ii) of this subparagraph, funds received by 

23 an eligible grantee from payments made 

24 under this section shall be used to provide 

25 financial assistance to eligible households, 


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1 not to exceed 18 months, including the 

2 payment of— 

3 (I) rent; 

4 (II) rental arrears; 

5 (III) utilities and home energy 

6 costs; 

7 (IV) utilities and home energy 

8 costs arrears; and 

9 (V) other expenses related to 

10 housing. 

11 (ii) LIMITATION.—The aggregate 

12 amount of financial assistance an eligible 

13 household may receive under this section, 

14 when combined with financial assistance 

15 provided under section 501 of subtitle A of 

16 title V of division N of the Consolidated 

17 Appropriations Act, 2021 (Public Law 

18 116–260), shall not exceed 18 months. 

19 (B) HOUSING STABILITY SERVICES.—Not 

20 more than 10 percent of funds received by an 

21 eligible grantee from payments made under this 

22 section may be used to provide case manage23 ment and other services intended to help keep 

24 households stably housed. 


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1 (C) ADMINISTRATIVE COSTS.—Not more 

2 than 15 percent of the total amount paid to an 

3 eligible grantee under this section may be used 

4 for administrative costs attributable to pro5 viding financial assistance, housing stability 

6 services, and other affordable rental housing 

7 and eviction prevention activities under sub8 paragraphs (A), (B), and (D), respectively, in9 cluding for data collection and reporting re10 quirements related to such funds. 

11 (D) OTHER AFFORDABLE RENTAL HOUS12 ING AND EVICTION PREVENTION ACTIVITIES.— 

13 An eligible grantee may use any funds from 

14 payments made under this section that are un15 obligated on October 1, 2022, for purposes in 

16 addition to those specified in this paragraph, 

17 provided that— 

18 (i) such other purposes are affordable 

19 housing purposes, as defined by the Sec20 retary, serving very low-income families (as 

21 such term is defined in section 3(b) of the 

22 United States Housing Act of 1937 (42 

23 U.S.C. 1437a(b))); and 

24 (ii) prior to obligating any funds for 

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1 ligated not less than 75 percent of the 

2 total funds allocated to such eligible grant3 ee in accordance with this section. 

4 (2) DISTRIBUTION OF ASSISTANCE.—Amounts 

5 appropriated under subsection (a)(1) of this section 

6 shall be subject to the same terms and conditions 

7 that apply under paragraph (4) of section 501(c) of 

8 subtitle A of title V of division N of the Consolidated 

9 Appropriations Act, 2021 (Public Law 116–260) to 

10 amounts appropriated under subsection (a)(1) of 

11 such section 501. 

12 (e) REALLOCATION OF FUNDS.— 

13 (1) IN GENERAL.—After September 30, 2022, 

14 the Secretary shall reallocate funds allocated to eligi15 ble grantees in accordance with subsection (b) but 

16 not yet paid in accordance with subsection (c)(2) ac17 cording to a procedure established by the Secretary. 

18 (2) ELIGIBILITY FOR REALLOCATED FUNDS.— 

19 The Secretary shall require an eligible grantee to 

20 have obligated 50 percent of the total amount of 

21 funds allocated to such eligible grantee under sub22 section (b) to be eligible to receive funds reallocated 

23 under paragraph (1) of this subsection. 

24 (3) PAYMENT OF REALLOCATED FUNDS BY THE

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1 ble grantee eligible for a payment of reallocated 

2 funds described in paragraph (2) of this subsection 

3 the amount allocated to such eligible grantee in ac4 cordance with the procedure established by the Sec5 retary in accordance with paragraph (2) of this sub6 section. 

7 (4) USE OF REALLOCATED FUNDS.—Eligible 

8 grantees may use any funds received in accordance 

9 with this subsection only for purposes specified in 

10 paragraph (1) of subsection (d). 

11 (f) INAPPLICABILITY OF PAPERWORK REDUCTION

12 ACT.—Subchapter I of chapter 35 of title 44, United 

13 States Code, shall not apply to the collection of informa14 tion for reporting or research requirements specified in 

15 this section if the Secretary determines it is necessary to 

16 expedite the efficient use of funds under this section. 

17 (g) TREATMENT OF ASSISTANCE.—Assistance pro18 vided to a household from a payment made under this sec19 tion shall not be regarded as income and shall not be re20 garded as a resource for purposes of determining the eligi21 bility of the household or any member of the household 

22 for benefits or assistance, or the amount or extent of bene23 fits or assistance, under any Federal program or under 

24 any State or local program financed in whole or in part 

25 with Federal funds. 


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1 (h) INFORMATION REQUIRED BY SECRETARY.—Each 

2 eligible grantee that receives an allocation of funds under 

3 subsection (b) and at least one payment under subsection 

4 (c) shall submit to the Secretary information required by 

5 the Secretary to monitor and evaluate activities carried 

6 out by the eligible grantee under subsection (d). 

7 (i) DEFINITIONS.—In this section: 

8 (1) ELIGIBLE GRANTEE.—The term ‘‘eligible 

9 grantee’’ means any of the following: 

10 (A) The 50 States of the United States 

11 and the District of Columbia. 

12 (B) A unit of local government (as defined 

13 in paragraph (5)). 

14 (C) The Commonwealth of Puerto Rico, 

15 the United States Virgin Islands, Guam, the 

16 Commonwealth of the Northern Mariana Is17 lands, and American Samoa. 

18 (2) ELIGIBLE HOUSEHOLD.—The term ‘‘eligible 

19 household’’ means a household of 1 or more individ20 uals who are obligated to pay rent on a residential 

21 dwelling and with respect to which the eligible grant22 ee involved determines that— 

23 (A) 1 or more individuals within the house24 hold has— 


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1 (i) qualified for unemployment bene2 fits; or 

3 (ii) experienced a reduction in house4 hold income, incurred significant costs, or 

5 experienced other financial hardship during 

6 or due, directly or indirectly, to the 

7 coronavirus pandemic; 

8 (B) 1 or more individuals within the 

9 household can demonstrate a risk of experi10 encing homelessness or housing instability; and 

11 (C) the household is a low-income family 

12 (as such term is defined in section 3(b) of the 

13 United States Housing Act of 1937 (42 U.S.C. 

14 1437a(b)). 

15 (3) INSPECTOR GENERAL.—The term ‘‘Inspec16 tor General’’ means the Inspector General of the De17 partment of the Treasury. 

18 (4) SECRETARY.—The term ‘‘Secretary’’ means 

19 the Secretary of the Treasury. 

20 (5) UNIT OF LOCAL GOVERNMENT.—The term 

21 ‘‘unit of local government’’ has the meaning given 

22 such term in section 501 of subtitle A of title V of 

23 division N of the Consolidated Appropriations Act, 

24 2021 (Public Law 116–260). 


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1 (j) AVAILABILITY.—Funds provided to an eligible 

2 grantee under a payment made under this section shall 

3 remain available through September 30, 2025. 

4 (k) EXTENSION OF AVAILABILITY UNDER PROGRAM

5 FOR EXISTING FUNDING.—Paragraph (1) of section 

6 501(e) of subtitle A of title V of division N of the Consoli7 dated Appropriations Act, 2021 (Public Law 116–260) is 

8 amended by striking ‘‘December 31, 2021’’ and inserting 

9 ‘‘September 30, 2022’’. 

10 SEC. 4102. EMERGENCY HOUSING VOUCHERS. 

11 (a) APPROPRIATION.—In addition to amounts other12 wise available, there is appropriated to the Secretary of 

13 Housing and Urban Development (in this section referred 

14 to as the ‘‘Secretary’’) for fiscal year 2021, out of any 

15 money in the Treasury not otherwise appropriated, 

16 $5,000,000,000, to remain available until September 30, 

17 2030, for— 

18 (1) incremental emergency vouchers under sub19 section (b); 

20 (2) renewals of the vouchers under subsection 

21 (b); 

22 (3) fees for the costs of administering vouchers 

23 under subsection (b) and other eligible expenses de24 fined by notice to prevent, prepare, and respond to 

25 coronavirus to facilitate the leasing of the emergency 


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1 vouchers, such as security deposit assistance and 

2 other costs related to retention and support of par3 ticipating owners; and 

4 (4) adjustments in the calendar year 2021 sec5 tion 8 renewal funding allocation, including main6 stream vouchers, for public housing agencies that ex7 perience a significant increase in voucher per-unit 

8 costs due to extraordinary circumstances or that, de9 spite taking reasonable cost savings measures, would 

10 otherwise be required to terminate rental assistance 

11 for families as a result of insufficient funding. 

12 (b) EMERGENCY VOUCHERS.— 

13 (1) IN GENERAL.—The Secretary shall provide 

14 emergency rental assistance vouchers under sub15 section (a), which shall be tenant-based rental assist16 ance under section 8(o) of the United States Hous17 ing Act of 1937 (42 U.S.C. 1437f(o)). 

18 (2) QUALIFYING INDIVIDUALS OR FAMILIES DE19 FINED.—For the purposes of this section, qualifying 

20 individuals or families are those who are— 

21 (A) homeless (as such term is defined in 

22 section 103(a) of the McKinney-Vento Home23 less Assistance Act (42 U.S.C. 11302(a)); 

24 (B) at risk of homelessness (as such term 

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1 Vento Homeless Assistance Act (42 U.S.C. 

2 11360(1))); 

3 (C) fleeing, or attempting to flee, domestic 

4 violence, dating violence, sexual assault, stalk5 ing, or human trafficking; or 

6 (D) recently homeless, as determined by 

7 the Secretary, and for whom providing rental 

8 assistance will prevent the family’s homeless9 ness or having high risk of housing instability. 

10 (3) ALLOCATION.—Public housing agencies 

11 shall be notified of the number of emergency vouch12 ers allocated pursuant to this section to the agency 

13 not later than 60 days after the date of the enact14 ment of this Act, in accordance with a formula that 

15 includes public housing agency capacity and ensures 

16 geographic diversity, including with respect to rural 

17 areas, among public housing agencies administering 

18 the Housing Choice Voucher program. 

19 (4) TERMS AND CONDITIONS.— 

20 (A) ELECTION TO ADMINISTER.—The Sec21 retary shall establish a procedure for public 

22 housing agencies to accept or decline the emer23 gency vouchers allocated to the agency in ac24 cordance with the formula under subparagraph 

25 (3). 


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1 (B) FAILURE TO USE VOUCHERS PROMPT2 LY.—If a public housing agency fails to lease 

3 its authorized vouchers under subsection (b) on 

4 behalf of eligible families within a reasonable 

5 period of time, the Secretary may revoke and 

6 redistribute any unleased vouchers and associ7 ated funds, including administrative fees and 

8 costs referred to in subsection (a)(3), to other 

9 public housing agencies according to the for10 mula under paragraph (3). 

11 (5) WAIVERS AND ALTERNATIVE REQUIRE12 MENTS.—Any provision of any statute or regulation 

13 used to administer the amounts made available 

14 under this section (except for requirements related 

15 to fair housing, nondiscrimination, labor standards, 

16 and the environment), shall be waived upon a find17 ing that any such waivers or alternative require18 ments are necessary to expedite or facilitate the use 

19 of amounts made available in this section. 

20 (6) TERMINATION OF VOUCHERS UPON TURN21 OVER.—After September 30, 2023, a public housing 

22 agency may not reissue any vouchers made available 

23 under this section when assistance for the family as24 sisted ends. 


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1 (c) TECHNICAL ASSISTANCE AND OTHER COSTS.— 

2 The Secretary may use not more $20,000,000 of the 

3 amounts made available under this section for the costs 

4 to the Secretary of administering and overseeing the im5 plementation of this section and the Housing Choice 

6 Voucher program generally, including information tech7 nology, financial reporting, and other costs. Of the 

8 amounts set aside under this subsection, the Secretary 

9 may use not more than $10,000,000, without competition, 

10 to make new awards or increase prior awards to existing 

11 technical assistance providers to provide an immediate in12 crease in capacity building and technical assistance to 

13 public housing agencies. 

14 (d) IMPLEMENTATION.—The provisions of this sec15 tion may be implemented by notice. 

16 SEC. 4103. EMERGENCY ASSISTANCE FOR RURAL HOUSING. 

17 In addition to amounts otherwise available, there is 

18 appropriated for fiscal year 2021, out of any money in 

19 the Treasury not otherwise appropriated, $100,000,000, 

20 to remain available until September 30, 2022, to provide 

21 grants under section 521(a)(2) of the Housing Act of 

22 1949 or agreements entered into in lieu of debt forgiveness 

23 or payments for eligible households as authorized by sec24 tion 502(c)(5)(D) of the Housing Act of 1949, for tem25 porary adjustment of income losses for residents of housVerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00235 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319

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1 ing financed or assisted under section 514, 515, or 516 

2 of the Housing Act of 1949 who have experienced income 

3 loss but are not currently receiving Federal rental assist4 ance. 

5 SEC. 4104. HOUSING ASSISTANCE AND SUPPORTIVE SERV6 ICES PROGRAMS FOR NATIVE AMERICANS. 

7 (a) APPROPRIATION.—In addition to amounts other8 wise available, there is appropriated for fiscal year 2021, 

9 out of any money in the Treasury not otherwise appro10 priated, $750,000,000, to remain available until Sep11 tember 30, 2025, to prevent, prepare for, and respond to 

12 coronavirus, for activities and assistance authorized under 

13 title I of the Native American Housing Assistance and 

14 Self-Determination Act of 1996 (NAHASDA) (25 U.S.C. 

15 4111 et seq.), under title VIII of NAHASDA (25 U.S.C. 

16 4221 et seq.), and under section 106(a)(1) of the Housing 

17 and Community Development Act of 1974 with respect to 

18 Indian tribes (42 U.S.C. 5301 et seq.), which shall be 

19 made available as follows: 

20 (1) HOUSING BLOCK GRANTS.—$455,000,000 

21 shall be available for the Native American Housing 

22 Block Grants and Native Hawaiian Housing Block 

23 Grant programs, as authorized under titles I and 

24 VIII of NAHASDA, subject to the following terms 

25 and conditions: 


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1 (A) FORMULA.—Of the amounts made 

2 available under this paragraph, $450,000,000 

3 shall be for grants under title I of NAHASDA 

4 and shall be distributed according to the same 

5 funding formula used in fiscal year 2021. 

6 (B) NATIVE HAWAIIANS.—Of the amounts 

7 made available under this paragraph, 

8 $5,000,000 shall be for grants under title VIII 

9 of NAHASDA. 

10 (C) USE.—Amounts made available under 

11 this paragraph shall be used by recipients to 

12 prevent, prepare for, and respond to 

13 coronavirus, including to maintain normal oper14 ations and fund eligible affordable housing ac15 tivities under NAHASDA during the period 

16 that the program is impacted by coronavirus. In 

17 addition, amounts made available under sub18 paragraph (B) shall be used to provide rental 

19 assistance to eligible Native Hawaiian families 

20 both on and off the Hawaiian Home Lands. 

21 (D) TIMING OF OBLIGATIONS.—Amounts 

22 made available under this paragraph shall be 

23 used, as necessary, to cover or reimburse allow24 able costs to prevent, prepare for, and respond 

25 to coronavirus that are incurred by a recipient, 


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1 including for costs incurred as of January 21, 

2 2020. 

3 (E) WAIVERS.—Any provision of statute or 

4 regulation used to administer amounts made 

5 available under this paragraph (except for re6 quirements related to fair housing, non7 discrimination, labor standards, and the envi8 ronment), shall be waived upon a finding that 

9 any such waivers or alternative requirements 

10 are necessary to expedite or facilitate the use of 

11 amounts made available under this paragraph. 

12 (F) UNOBLIGATED AMOUNTS.—Amounts 

13 made available under this paragraph which are 

14 not accepted, are voluntarily returned, or other15 wise recaptured for any reason shall be used to 

16 fund grants under paragraph (2). 

17 (2) INDIAN COMMUNITY DEVELOPMENT BLOCK

18 GRANTS.—$280,000,000 shall be available for grants 

19 under title I of the Housing and Community Devel20 opment Act of 1974, subject to the following terms 

21 and conditions: 

22 (A) USE.—Amounts made available under 

23 this paragraph shall be used, without competi24 tion, for emergencies that constitute imminent 

25 threats to health and safety and are designed to 


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1 prevent, prepare for, and respond to 

2 coronavirus. 

3 (B) PLANNING.—Not to exceed 20 percent 

4 of any grant made with funds made available 

5 under this paragraph shall be expended for 

6 planning and management development and ad7 ministration. 

8 (C) TIMING OF OBLIGATIONS.—Amounts 

9 made available under this paragraph shall be 

10 used, as necessary, to cover or reimburse allow11 able costs to prevent, prepare for, and respond 

12 to coronavirus incurred by a recipient, including 

13 for costs incurred as of January 21, 2020. 

14 (D) INAPPLICABILITY OF PUBLIC SERVICES

15 CAP.—Notwithstanding section 105(a)(8) of the 

16 Housing and Community Development Act of 

17 1974 (42 U.S.C. 5305(a)(8)), there shall be no 

18 per centum limitation for the use of funds made 

19 available under this paragraph for public serv20 ices activities to prevent, prepare for, and re21 spond to coronavirus. 

22 (E) WAIVERS.—Any provision of any stat23 ute or regulation used to administer amounts 

24 made available under this paragraph (except for 

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1 discrimination, labor standards, and the envi2 ronment), shall be waived upon a finding that 

3 any such waivers or alternative requirements 

4 are necessary to expedite or facilitate the use of 

5 amounts made available under this paragraph. 

6 (3) TECHNICAL ASSISTANCE.—$10,000,000 

7 shall be used, without competition, to make new 

8 awards or increase prior awards to existing technical 

9 assistance providers to provide an immediate in10 crease in training and technical assistance to Indian 

11 tribes, Indian housing authorities, and tribally des12 ignated housing entities for activities under this sec13 tion. 

14 (4) OTHER COSTS.—$5,000,000 shall be used 

15 for the administrative costs to oversee and admin16 ister the implementation of this section, and pay for 

17 associated information technology, financial report18 ing, and other costs. 

19 SEC. 4105. HOUSING COUNSELING. 

20 (a) APPROPRIATION.—In addition to amounts other21 wise available, there is appropriated to the Neighborhood 

22 Reinvestment Corporation (in this section referred to as 

23 the ‘‘Corporation’’) for fiscal year 2021, out of any money 

24 in the Treasury not otherwise appropriated, 

25 $100,000,000, to remain available until September 30, 


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1 2025, for grants to housing counseling intermediaries ap2 proved by the Department of Housing and Urban Devel3 opment, State housing finance agencies, and 

4 NeighborWorks organizations for providing housing coun5 seling services, as authorized under the Neighborhood Re6 investment Corporation Act (42 U.S.C. 8101-8107) and 

7 consistent with the discretion set forth in section 

8 606(a)(5) of such Act (42 U.S.C. 8105(a)(5)) to design 

9 and administer grant programs. Of the grant funds made 

10 available under this subsection, not less than 40 percent 

11 shall be provided to counseling organizations that— 

12 (1) target housing counseling services to minor13 ity and low-income populations facing housing insta14 bility; or 

15 (2) provide housing counseling services in 

16 neighborhoods having high concentrations of minor17 ity and low-income populations. 

18 (b) LIMITATION.—The aggregate amount provided to 

19 NeighborWorks organizations under this section shall not 

20 exceed 15 percent of the total of grant funds made avail21 able by subsection (a). 

22 (c) ADMINISTRATION AND OVERSIGHT.—The Cor23 poration may retain a portion of the amounts provided 

24 under this section, in a proportion consistent with its 

25 standard rate for program administration in order to cover 


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1 its expenses related to program administration and over2 sight. 

3 (d) HOUSING COUNSELING SERVICES DEFINED.— 

4 For the purposes of this section, the term ‘‘housing coun5 seling services’’ means— 

6 (1) housing counseling provided directly to 

7 households facing housing instability, such as evic8 tion, default, foreclosure, loss of income, or home9 lessness; 

10 (2) education, outreach, training, technology 

11 upgrades, and other program related support; and 

12 (3) operational oversight funding for grantees 

13 and subgrantees that receive funds under this sec14 tion. 

15 SEC. 4106. HOMELESSNESS ASSISTANCE AND SUPPORTIVE 

16 SERVICES PROGRAM. 

17 (a) APPROPRIATION.—In addition to amounts other18 wise available, there is appropriated for fiscal year 2021, 

19 out of any money in the Treasury not otherwise appro20 priated, $5,000,000,000, to remain available until Sep21 tember 30, 2025, except that amounts authorized under 

22 subsection (d)(3) shall remain available until September 

23 30, 2029, for assistance under title II of the Cranston24 Gonzalez National Affordable Housing Act (42 U.S.C. 


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1 12721 et seq.) for the following activities to primarily ben2 efit qualifying individuals or families: 

3 (1) Tenant-based rental assistance. 

4 (2) The development and support of affordable 

5 housing pursuant to section 212(a) of the Cranston6 Gonzalez National Affordable Housing Act (42 

7 U.S.C. 12742(a)) (‘‘the Act’’ herein). 

8 (3) Supportive services to qualifying individuals 

9 or families not already receiving such supportive 

10 services, including— 

11 (A) activities listed in section 401(29) of 

12 the McKinney-Vento Homeless Assistance Act 

13 (42 U.S.C. 11360(29)); 

14 (B) housing counseling; and 

15 (C) homeless prevention services. 

16 (4) The acquisition and development of non17 congregate shelter units, all or a portion of which 

18 may— 

19 (A) be converted to permanent affordable 

20 housing; 

21 (B) be used as emergency shelter under 

22 subtitle B of title IV of the McKinney-Vento 

23 Homeless Assistance Act (42 U.S.C. 11371- 

24 11378); 


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1 (C) be converted to permanent housing 

2 under subtitle C of title IV of the McKinney3 Vento Homeless Assistance Act (42 U.S.C. 

4 11381-11389); or 

5 (D) remain as non-congregate shelter 

6 units. 

7 (b) QUALIFYING INDIVIDUALS OR FAMILIES DE8 FINED.—For the purposes of this section, qualifying indi9 viduals or families are those who are— 

10 (1) homeless, as defined in section 103(a) of 

11 the McKinney-Vento Homeless Assistance Act (42 

12 U.S.C. 11302(a)); 

13 (2) at-risk of homelessness, as defined in sec14 tion 401(1) of the McKinney-Vento Homeless Assist15 ance Act (42 U.S.C. 11360(1)); 

16 (3) fleeing, or attempting to flee, domestic vio17 lence, dating violence, sexual assault, stalking, or 

18 human trafficking; 

19 (4) in other populations where providing sup20 portive services or assistance under section 212(a) of 

21 the Act (42 U.S.C. 12742(a)) would prevent the 

22 family’s homelessness or would serve those with the 

23 greatest risk of housing instability; or 


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1 (5) veterans and families that include a veteran 

2 family member that meet one of the preceding cri3 teria. 

4 (c) TERMS AND CONDITIONS.— 

5 (1) FUNDING RESTRICTIONS.—The cost limits 

6 in section 212(e) (42 U.S.C. 12742(e)), the commit7 ment requirements in section 218(g) (42 U.S.C. 

8 12749(g)), the matching requirements in section 220 

9 (42 U.S.C. 12750), and the set-aside for housing de10 veloped, sponsored, or owned by community housing 

11 development organizations required in section 231 of 

12 the Act (42 U.S.C. 12771) shall not apply for 

13 amounts made available in this section. 

14 (2) ADMINISTRATIVE COSTS.— Notwithstanding 

15 sections 212(c) and (d)(1) of the Act (42 U.S.C. 

16 12742(c) and (d)(1)), of the funds made available in 

17 this section for carrying out activities authorized in 

18 this section, a grantee may use up to fifteen percent 

19 of its allocation for administrative and planning 

20 costs. 

21 (3) OPERATING EXPENSES.—Notwithstanding 

22 sections 212(a) and (g) of the Act (42 U.S.C. 

23 12742(a) and (g)), a grantee may use up to an addi24 tional five percent of its allocation for the payment 

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1 ment organizations and nonprofit organizations car2 rying out activities authorized under this section, 

3 but only if— 

4 (A) such funds are used to develop the ca5 pacity of the community housing development 

6 organization or nonprofit organization in the ju7 risdiction or insular area to carry out activities 

8 authorized under this section; and 

9 (B) the community housing development 

10 organization or nonprofit organization complies 

11 with the limitation on assistance in section 

12 234(b) of the Act (42 U.S.C. 12774(b)). 

13 (4) CONTRACTING.—A grantee, when con14 tracting with service providers engaged directly in 

15 the provision of services under paragraph (a)(3), 

16 shall, to the extent practicable, enter into contracts 

17 in amounts that cover the actual total program costs 

18 and administrative overhead to provide the services 

19 contracted. 

20 (d) ALLOCATION.— 

21 (1) FORMULA ASSISTANCE.—Except as pro22 vided in paragraphs (2) and (3), amounts made 

23 available under this section shall be allocated pursu24 ant to section 217 of the Act (42 U.S.C. 12746) to 

25 grantees that received allocations pursuant to that 


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1 same formula in fiscal year 2021, and such alloca2 tions shall be made within 30 days of enactment of 

3 this Act. 

4 (2) TECHNICAL ASSISTANCE.—Up to 

5 $25,000,000 of the amounts made available under 

6 this section shall be used, without competition, to 

7 make new awards or increase prior awards to exist8 ing technical assistance providers to provide an im9 mediate increase in capacity building and technical 

10 assistance available to any grantees implementing 

11 activities or projects consistent with this section. 

12 (3) OTHER COSTS.—Up to $50,000,000 of the 

13 amounts made available under this section shall be 

14 used for the administrative costs to oversee and ad15 minister implementation of this section and the 

16 HOME program generally, including information 

17 technology, financial reporting, and other costs. 

18 (4) WAIVERS.—Any provision of any statute or 

19 regulation used to administer the amounts made 

20 available under this section (except for requirements 

21 related to fair housing, nondiscrimination, labor 

22 standards, and the environment), may be waived 

23 upon a finding that any such waivers or alternative 

24 requirements are necessary to expedite or facilitate 

25 the use of amounts made available in this section. 


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1 SEC. 4107. HOMEOWNER ASSISTANCE FUND. 

2 (a) APPROPRIATION.—In addition to amounts other3 wise available, there is appropriated to the Homeowner 

4 Assistance Fund established under subsection (c) for fiscal 

5 year 2021, out of any money in the Treasury not otherwise 

6 appropriated, $9,961,000,000, to remain available until 

7 September 30, 2025, for qualified expenses that meet the 

8 purposes specified under subsection (c) and expenses de9 scribed in subsection (d)(1). 

10 (b) DEFINITIONS.—In this section: 

11 (1) CONFORMING LOAN LIMIT.—The term ‘‘con12 forming loan limit’’ means the applicable limitation 

13 governing the maximum original principal obligation 

14 of a mortgage secured by a single-family residence, 

15 a mortgage secured by a 2-family residence, a mort16 gage secured by a 3-family residence, or a mortgage 

17 secured by a 4-family residence, as determined and 

18 adjusted annually under section 302(b)(2) of the 

19 Federal National Mortgage Association Charter Act 

20 (12 U.S.C. 1717(b)(2)) and section 305(a)(2) of the 

21 Federal Home Loan Mortgage Corporation Act (12 

22 U.S.C. 1454(a)(2)). 

23 (2) DWELLING.—The term ‘‘dwelling’’ means 

24 any building, structure, or portion thereof which is 

25 occupied as, or designed or intended for occupancy 

26 as, a residence by one or more individuals. 


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1 (3) ELIGIBLE ENTITY.—The term ‘‘eligible enti2 ty’’ means— 

3 (A) a State; or 

4 (B) any entity eligible for payment under 

5 subsection (f). 

6 (4) MORTGAGE.—The term ‘‘mortgage’’ means 

7 any credit transaction— 

8 (A) that is secured by a mortgage, deed of 

9 trust, or other consensual security interest on a 

10 principal residence of a borrower that is (i) a 1- 

11 to 4-unit dwelling, or (ii) residential real prop12 erty that includes a 1- to 4-unit dwelling; and 

13 (B) the unpaid principal balance of which 

14 was, at the time of origination, not more than 

15 the conforming loan limit. 

16 (5) FUND.—The term ‘‘Fund’’ means the 

17 Homeowner Assistance Fund established under sub18 section (c). 

19 (6) SECRETARY.—The term ‘‘Secretary’’ means 

20 the Secretary of the Treasury. 

21 (7) STATE.—The term ‘‘State’’ means any 

22 State of the United States, the District of Columbia, 

23 the Commonwealth of Puerto Rico, Guam, American 

24 Samoa, the United States Virgin Islands, and the 

25 Commonwealth of the Northern Mariana Islands. 


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1 (c) ESTABLISHMENT OF FUND.— 

2 (1) ESTABLISHMENT; QUALIFIED EXPENSES.— 

3 There is established in the Department of the Treas4 ury a Homeowner Assistance Fund to mitigate fi5 nancial hardships associated with the coronavirus 

6 pandemic by providing such funds as are appro7 priated by subsection (a) to eligible entities, and to 

8 require an eligible entity that receives funds pursu9 ant to this section to periodically submit to the Sec10 retary a report that describes the activities carried 

11 out by the eligible entity using the funds provided 

12 under this section, for the purpose of preventing 

13 homeowner mortgage delinquencies, defaults, fore14 closures, loss of utilities or home energy services, 

15 and displacements of homeowners experiencing fi16 nancial hardship after January 21, 2020, through 

17 qualified expenses related to mortgages and housing, 

18 which include— 

19 (A) mortgage payment assistance; 

20 (B) financial assistance to allow a home21 owner to reinstate a mortgage or to pay other 

22 housing related costs related to a period of for23 bearance, delinquency, or default; 

24 (C) principal reduction; 

25 (D) facilitating interest rate reductions; 


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1 (E) payment assistance for— 

2 (i) utilities, including electric, gas, 

3 and water; 

4 (ii) internet service, including 

5 broadband internet access service, as de6 fined in section 8.1(b) of title 47, Code of 

7 Federal Regulations (or any successor reg8 ulation); 

9 (iii) property taxes; 

10 (iv) homeowner’s insurance, flood in11 surance, and mortgage insurance; and 

12 (v) homeowner’s association, condo13 minium association fees, or common 

14 charges; 

15 (F) reimbursement of funds expended by a 

16 State, local government, or designated entity 

17 under subsection (e) during the period begin18 ning on January 21, 2020, and ending on the 

19 date that the first funds are disbursed by the 

20 eligible entity under the Homeowner Assistance 

21 Fund, for the purpose of providing housing or 

22 utility payment assistance to individuals or oth23 erwise providing funds to prevent foreclosure or 

24 eviction of a homeowner or tenant or prevent 

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1 ities as a response to the coronavirus disease 

2 (COVID) pandemic; and 

3 (G) any other assistance to promote hous4 ing stability for homeowners, including pre5 venting eviction, mortgage delinquency or de6 fault, foreclosure, or the loss of utility or home 

7 energy services, as determined by the Secretary. 

8 (2) TARGETING.—Not less than 60 percent of 

9 amounts made to each eligible entity allocated 

10 amounts under subsection (d) or (f) shall be used 

11 for qualified expenses that assist homeowners having 

12 incomes equal to or less than 100 percent of the 

13 area median income for their household size or equal 

14 to or less than 100 percent of the median income for 

15 the United States, as determined by the Secretary of 

16 Housing and Urban Development, whichever is 

17 greater. The eligible entity shall prioritize remaining 

18 funds to populations or geographies experiencing the 

19 greatest need. 

20 (d) ALLOCATION OF FUNDS.— 

21 (1) ADMINISTRATION.—Of any amounts made 

22 available under this section, the Secretary shall re23 serve— 

24 (A) to the Department of the Treasury, an 

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1 ister and oversee the Fund, and to provide tech2 nical assistance to eligible entities for the cre3 ation and implementation of State and tribal 

4 programs to administer assistance from the 

5 Fund; and 

6 (B) to the Inspector General of the De7 partment of the Treasury, an amount to not ex8 ceed $2,600,000 for oversight of the program 

9 under this section. 

10 (2) FOR STATES.—After the application of 

11 paragraphs (1), (4), and (5) of this subsection and 

12 subject to paragraph (3) of this subsection, the Sec13 retary shall establish such criteria as are necessary 

14 to allocate the remaining funds available within the 

15 Homeowner Assistance Fund to each State of the 

16 United States, the District of Columbia, and the 

17 Commonwealth of Puerto Rico, taking into consider18 ation, for such State relative to all States of the 

19 United States, the District of Columbia, and the 

20 Commonwealth of Puerto Rico, as of the date of the 

21 enactment of this Act— 

22 (A) the average number of unemployed in23 dividuals measured over a period of time not 

24 fewer than 3 months and not more than 12 

25 months; 


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1 (B) the total number or mortgagors with— 

2 (i) mortgage payments that are more 

3 than 30 days past due; or 

4 (ii) mortgages in foreclosure. 

5 (3) SMALL STATE MINIMUM.— 

6 (A) IN GENERAL.—Each State of the 

7 United States, the District of Columbia, and 

8 the Commonwealth of Puerto Rico shall receive 

9 no less than $40,000,000 for the purposes es10 tablished in (c). 

11 (B) PRO RATA ADJUSTMENTS.—The Sec12 retary shall adjust on a pro rata basis the 

13 amount of the payments for each State of the 

14 United States, the District of Columbia, and 

15 the Commonwealth of Puerto Rico determined 

16 under this subsection without regard to this 

17 subparagraph to the extent necessary to comply 

18 with the requirements of subparagraph (A). 

19 (4) TERRITORY SET-ASIDE.—Notwithstanding 

20 any other provision of this section, of the amounts 

21 appropriated under subsection (a), the Secretary 

22 shall reserve $30,000,000 to be disbursed to Guam, 

23 American Samoa, the United States Virgin Islands, 

24 and the Commonwealth of the Northern Mariana Is25 lands based on each such territory’s share of the 


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1 combined total population of all such territories, as 

2 determined by the Secretary. For the purposes of 

3 this paragraph, population shall be determined based 

4 on the most recent year for which data are available 

5 from the United States Census Bureau. 

6 (5) TRIBAL SET-ASIDE.—The Secretary shall 

7 allocate funds to any eligible entity designated under 

8 subsection (f) pursuant to the requirements of that 

9 subsection. 

10 (e) DISTRIBUTION OF FUNDS TO STATES.— 

11 (1) IN GENERAL.—The Secretary shall make 

12 payments, beginning not later than 45 days after en13 actment of this Act, from amounts allocated under 

14 subsection (d) to eligible entities that have notified 

15 the Secretary that they request to receive payment 

16 from the Fund and that the eligible entity will use 

17 such payments in compliance with this section. 

18 (2) REALLOCATION.—If a State does not re19 quest allocated funds by the 90th day after the date 

20 of enactment of this Act, such State shall not be eli21 gible for a payment from the Secretary pursuant to 

22 this section, and the Secretary shall reallocate any 

23 funds that were not requested by such State among 

24 the States that have requested funds by the 90th 

25 day after the date of enactment of this Act. For any 


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1 such reallocation of funds, the Secretary shall ad2 here to the requirements of subsection (d), except 

3 for paragraph (1), to the greatest extent possible, 

4 provided that the Secretary shall also take into con5 sideration in determining such reallocation a State’s 

6 remaining need and a State’s record of using pay7 ments from the Fund to serve homeowners at dis8 proportionate risk of mortgage default, foreclosure, 

9 or displacement, including homeowners having in10 comes equal to or less than 100 percent of the area 

11 median income for their household size or 100 per12 cent of the median income for the United States, as 

13 determined by the Secretary of Housing and Urban 

14 Development, whichever is greater, and minority 

15 homeowners. 

16 (f) TRIBAL SET-ASIDE.— 

17 (1) SET-ASIDE.—Notwithstanding any other 

18 provision of this section, of the amounts appro19 priated under subsection (a), the Secretary shall use 

20 5 percent to make payments to entities that are eli21 gible for payments under clauses (i) and (ii) of sec22 tion 501(b)(2)(A) of subtitle A of title V of division 

23 N of the Consolidated Appropriations Act, 2021 

24 (Public Law 116-260) for the purposes described in 

25 subsection (c). 


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1 (2) ALLOCATION AND PAYMENT.—The Sec2 retary shall allocate the funds set aside under para3 graph (1) using the allocation formulas described in 

4 clauses (i) and (ii) of section 501(b)(2)(A) of sub5 title A of title V of division N of the Consolidated 

6 Appropriations Act, 2021 (Public Law 116-260), 

7 and shall make payments of such amounts beginning 

8 no later than 45 days after enactment of this Act to 

9 entities eligible for payment under clauses (i) and 

10 (ii) of section 501(b)(2)(A) of subtitle A of title V 

11 of division N of the Consolidated Appropriations 

12 Act, 2021 (Public Law 116-260) that notify the Sec13 retary that they request to receive payments allo14 cated from the Fund by the Secretary for purposes 

15 described under subsection (c) and will use such 

16 payments in compliance with this section. 

17 (3) ADJUSTMENT.—Allocations provided under 

18 this subsection may be further adjusted as provided 

19 by section 501(b)(2)(B) of subtitle A of title V of di20 vision N of the Consolidated Appropriations Act, 

21 2021 (Public Law 116-260). 

22 SEC. 4108. RELIEF MEASURES FOR SECTION 502 AND 504 DI23 RECT LOAN BORROWERS. 

24 (a) APPROPRIATION.—In addition to amounts other25 wise available, there is appropriated for fiscal year 2021, 


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1 out of any money in the Treasury not otherwise appro2 priated, $39,000,000, to remain available until September 

3 30, 2023, for direct loans made under sections 502 and 

4 504 of the Housing Act of 1949 (42 U.S.C. 1472, 1474). 

5 (b) ADMINISTRATIVE EXPENSES.—The Secretary 

6 may use not more than 3 percent of the amounts appro7 priated under this section for administrative purposes. 

8 Subtitle C—Small Business (SSBCI) 

9 SEC. 4201. REAUTHORIZATION OF THE STATE SMALL BUSI10 NESS CREDIT INITIATIVE ACT OF 2010. 

11 (a) REAUTHORIZATION.— 

12 (1) IN GENERAL.—The State Small Business 

13 Credit Initiative Act of 2010 (12 U.S.C. 5701 et 

14 seq.) is amended— 

15 (A) in section 3003— 

16 (i) in subsection (b)— 

17 (I) by amending paragraph (1) to 

18 read as follows: 

19 ‘‘(1) IN GENERAL.—Not later than 30 days 

20 after the date of enactment of subsection (d), the 

21 Secretary shall allocate Federal funds to partici22 pating States so that each State is eligible to receive 

23 an amount equal to what the State would receive 

24 under the 2021 allocation, as determined under 

25 paragraph (2).’’; 


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1 (II) in paragraph (2)— 

2 (aa) by striking ‘‘2009’’ 

3 each place such term appears 

4 and inserting ‘‘2021’’; 

5 (bb) by striking ‘‘2008’’ 

6 each place such term appears 

7 and inserting ‘‘2020’’; 

8 (cc) in subparagraph (A), by 

9 striking ‘‘The Secretary’’ and in10 serting ‘‘With respect to States 

11 other than Tribal governments, 

12 the Secretary’’; 

13 (dd) in subparagraph (C)(i), 

14 by striking ‘‘2007’’ and inserting 

15 ‘‘2019’’; and 

16 (ee) by adding at the end 

17 the following: 

18 ‘‘(C) SEPARATE ALLOCATION FOR TRIBAL

19 GOVERNMENTS.— 

20 ‘‘(i) IN GENERAL.—With respect to 

21 States that are Tribal governments, the 

22 Secretary shall determine the 2021 alloca23 tion by allocating $500,000,000 among the 

24 Tribal governments in the proportion the 

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1 ing with consideration to available employ2 ment and economic data regarding each 

3 such Tribal government. 

4 ‘‘(ii) NOTICE OF INTENT; TIMING OF

5 ALLOCATION.—With respect to allocations 

6 to States that are Tribal governments, the 

7 Secretary may— 

8 ‘‘(I) require Tribal governments 

9 that individually or jointly wish to 

10 participate in the Program to file a 

11 notice of intent with the Secretary not 

12 later than 30 days after the date of 

13 enactment of subsection (d); and 

14 ‘‘(II) notwithstanding paragraph 

15 (1), allocate Federal funds to partici16 pating Tribal governments not later 

17 than 60 days after the date of enact18 ment of subsection (d). 

19 ‘‘(D) EMPLOYMENT DATA.—If the Sec20 retary determines that employment data with 

21 respect to a State is unavailable from the Bu22 reau of Labor Statistics of the Department of 

23 Labor, the Secretary shall consider such other 

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1 wise available for purposes of determining the 

2 employment data of such State.’’; and 

3 (III) by striking paragraph (3); 

4 and 

5 (ii) in subsection (c)— 

6 (I) in paragraph (1)(A)(iii), by 

7 inserting before the period the fol8 lowing: ‘‘that have delivered loans or 

9 investments to eligible businesses’’; 

10 and 

11 (II) by amending paragraph (4) 

12 to read as follows: 

13 ‘‘(4) TERMINATION OF AVAILABILITY OF

14 AMOUNTS NOT TRANSFERRED.— 

15 ‘‘(A) IN GENERAL.—Any portion of a par16 ticipating State’s allocated amount that has not 

17 been transferred to the State under this section 

18 may be deemed by the Secretary to be no longer 

19 allocated to the State and no longer available to 

20 the State and shall be returned to the general 

21 fund of the Treasury or reallocated as described 

22 under subparagraph (B), if— 

‘‘(i) the second 1 23 ⁄3 of a State’s allo24 cated amount has not been transferred to 

25 the State before the end of the end of the 


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1 3-year period beginning on the date that 

2 the Secretary approves the State for par3 ticipation; or 

‘‘(ii) the last 1 4 ⁄3 of a State’s allocated 

5 amount has not been transferred to the 

6 State before the end of the end of the 6- 

7 year period beginning on the date that the 

8 Secretary approves the State for participa9 tion. 

10 ‘‘(B) REALLOCATION.—Any amount 

11 deemed by the Secretary to be no longer allo12 cated to a State and no longer available to such 

13 State under subparagraph (A) may be reallo14 cated by the Secretary to other participating 

15 States. In making such a reallocation, the Sec16 retary shall not take into account the minimum 

17 allocation requirements under subsection 

18 (b)(2)(B) or the specific allocation for Tribal 

19 governments described under subsection 

20 (b)(2)(C).’’; 

21 (B) in section 3004(d), by striking ‘‘date 

22 of enactment of this Act’’ each place it appears 

23 and inserting ‘‘date of the enactment of section 

24 3003(d)’’; 


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1 (C) in section 3005(b), by striking ‘‘date of 

2 enactment of this Act’’ each place it appears 

3 and inserting ‘‘date of the enactment of section 

4 3003(d)’’; 

5 (D) in section 3006(b)(4), by striking 

6 ‘‘date of enactment of this Act’’ and inserting 

7 ‘‘date of the enactment of section 3003(d)’’; 

8 (E) in section 3007(b), by striking ‘‘March 

9 31, 2011’’ and inserting ‘‘March 31, 2022’’; 

10 (F) in section 3009, by striking ‘‘date of 

11 enactment of this Act’’ each place it appears 

12 and inserting ‘‘date of the enactment of section 

13 3003(d)’’; and 

14 (G) in section 3011(b), by striking ‘‘date 

15 of the enactment of this Act’’ each place it ap16 pears and inserting ‘‘date of the enactment of 

17 section 3003(d)’’. 

18 (2) APPROPRIATION.— 

19 (A) IN GENERAL.—In addition to amounts 

20 otherwise available, there is hereby appropriated 

21 to the Secretary of the Treasury for fiscal year 

22 2021, out of any money in the Treasury not 

23 otherwise appropriated, $10,000,000,000, to re24 main available until expended, to reauthorize, 

25 expand, and enhance the State Small Business 


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1 Credit Initiative established under the State 

2 Small Business Credit Initiative Act of 2010, 

3 including to provide support to small businesses 

4 responding to and recovering from the economic 

5 effects of the COVID–19 pandemic, ensure 

6 business enterprises owned and controlled by 

7 socially and economically disadvantaged individ8 uals have access to credit and investments, pro9 vide technical assistance to help small busi10 nesses applying for various support programs, 

11 and to pay reasonable costs of administering 

12 such Initiative. 

13 (B) RESCISSION.—With respect to 

14 amounts appropriated under subparagraph 

15 (A)— 

16 (i) the Secretary of the Treasury shall 

17 complete all disbursements and remaining 

18 obligations before September 30, 2030; 

19 and 

20 (ii) any amounts that remain unex21 pended (whether obligated or unobligated) 

22 on September 30, 2030, shall be rescinded 

23 and deposited into the general fund of the 

24 Treasury. 


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1 (b) ADDITIONAL ALLOCATIONS TO SUPPORT BUSI2 NESS ENTERPRISES OWNED AND CONTROLLED BY SO3 CIALLY AND ECONOMICALLY DISADVANTAGED INDIVID4 UALS.—Section 3003 of the State Small Business Credit 

5 Initiative Act of 2010 (12 U.S.C. 5702) is amended by 

6 adding at the end the following: 

7 ‘‘(d) ADDITIONAL ALLOCATIONS TO SUPPORT BUSI8 NESS ENTERPRISES OWNED AND CONTROLLED BY SO9 CIALLY AND ECONOMICALLY DISADVANTAGED INDIVID10 UALS.—Of the amounts appropriated for fiscal year 2021 

11 to carry out the Program, the Secretary shall— 

12 ‘‘(1) ensure that $1,500,000,000 from funds al13 located under this section shall be allocated to States 

14 to be expended for business enterprises owned and 

15 controlled by socially and economically disadvan16 taged individuals; 

17 ‘‘(2) allocate such amounts to States based on 

18 the needs of business enterprises owned and con19 trolled by socially and economically disadvantaged 

20 individuals, as determined by the Secretary, in each 

21 State, and not subject to the allocation formula de22 scribed under subsection (b); 

23 ‘‘(3) oversee the States’ use of these funds to 

24 ensure they directly support business enterprises 


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1 owned and controlled by socially and economically 

2 disadvantaged individuals; and 

3 ‘‘(4) establish a minimum amount of support 

4 that a State shall provide to business enterprises 

5 owned and controlled by socially and economically 

6 disadvantaged individuals. 

7 ‘‘(e) INCENTIVE ALLOCATIONS TO SUPPORT BUSI8 NESS ENTERPRISES OWNED AND CONTROLLED BY SO9 CIALLY AND ECONOMICALLY DISADVANTAGED INDIVID10 UALS.—Of the amounts appropriated for fiscal year 2021 

11 to carry out the Program, the Secretary shall set aside 

12 $1,000,000,000 for an incentive program under which the 

Secretary shall increase the second 1⁄3 and last 1 13 ⁄3 alloca14 tions for States that demonstrate robust support, as deter15 mined by the Secretary, for business concerns owned and 

16 controlled by socially and economically disadvantaged indi17 viduals in the deployment of prior allocation amounts.’’. 

18 (c) ADDITIONAL ALLOCATIONS TO SUPPORT VERY

19 SMALL BUSINESSES.—Section 3003 of the State Small 

20 Business Credit Initiative Act of 2010 (12 U.S.C. 5702), 

21 as amended by subsection (b), is further amended by add22 ing at the end the following: 

23 ‘‘(f) ADDITIONAL ALLOCATIONS TO SUPPORT VERY

24 SMALL BUSINESSES.— 


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1 ‘‘(1) IN GENERAL.—Of the amounts appro2 priated to carry out the Program, the Secretary 

3 shall ensure that not less than $500,000,000 from 

4 funds allocated under this section shall be expended 

5 for very small businesses. 

6 ‘‘(2) VERY SMALL BUSINESS DEFINED.—In this 

7 subsection, the term ‘very small business’— 

8 ‘‘(A) means a business with fewer than 10 

9 employees; and 

10 ‘‘(B) may include independent contractors 

11 and sole proprietors.’’. 

12 (d) CDFI AND MDI PARTICIPATION PLAN.—Section 

13 3004 of the State Small Business Credit Initiative Act of 

14 2010 (12 U.S.C. 5703) is amended by adding at the end 

15 the following: 

16 ‘‘(e) CDFI AND MDI PARTICIPATION PLAN.—The 

17 Secretary may not approve a State to be a participating 

18 State unless the State has provided the Secretary with a 

19 plan detailing how minority depository institutions and 

20 community development financial institutions will be en21 couraged to participate in State programs.’’. 

22 (e) PANDEMIC RESPONSE PLAN.—Section 3004 of 

23 the State Small Business Credit Initiative Act of 2010 (12 

24 U.S.C. 5703), as amended by subsection (c), is further 

25 amended by adding at the end the following: 


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1 ‘‘(f) PANDEMIC RESPONSE PLAN.—The Secretary 

2 may not approve a State to be a participating State unless 

3 the State has provided the Secretary with a description 

4 of how the State will expeditiously utilize funds to support 

5 small businesses, including business enterprises owned and 

6 controlled by socially and economically disadvantaged indi7 viduals, in responding to and recovering from the eco8 nomic effects of the COVID–19 pandemic.’’. 

9 (f) TECHNICAL ASSISTANCE.—Section 3009 of the 

10 State Small Business Credit Initiative Act of 2010 (12 

11 U.S.C. 5708) is amended by adding at the end the fol12 lowing: 

13 ‘‘(e) TECHNICAL ASSISTANCE.—Of the amounts ap14 propriated for fiscal year 2021 to carry out the Program, 

15 $500,000,000 may be used by the Secretary to— 

16 ‘‘(1) provide funds to States to carry out a 

17 technical assistance plan under which a State will 

18 provide legal, accounting, and financial advisory 

19 services, either directly or contracted with legal, ac20 counting, and financial advisory firms, with priority 

21 given to business enterprises owned and controlled 

22 by socially and economically disadvantaged individ23 uals, to very small businesses and business enter24 prises owned and controlled by socially and economi25 cally disadvantaged individuals applying for— 


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1 ‘‘(A) State programs under the Program; 

2 and 

3 ‘‘(B) other State or Federal programs that 

4 support small businesses; 

5 ‘‘(2) transfer amounts to the Minority Business 

6 Development Agency, so that the Agency may use 

7 such amounts in a manner the Agency determines 

8 appropriate, including through contracting with 

9 third parties, to provide technical assistance to busi10 ness enterprises owned and controlled by socially 

11 and economically disadvantaged individuals applying 

12 to— 

13 ‘‘(A) State programs under the Program; 

14 and 

15 ‘‘(B) other State or Federal programs that 

16 support small businesses; and 

17 ‘‘(3) contract with legal, accounting, and finan18 cial advisory firms (with priority given to business 

19 enterprises owned and controlled by socially and eco20 nomically disadvantaged individuals), to provide 

21 technical assistance to business enterprises owned 

22 and controlled by socially and economically disadvan23 taged individuals applying to— 

24 ‘‘(A) State programs under the Program; 

25 and 


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1 ‘‘(B) other State or Federal programs that 

2 support small businesses.’’. 

3 (g) MULTI-STATE PARTICIPATION PROGRAM.—Sec4 tion 3009 of the State Small Business Credit Initiative 

5 Act of 2010 (12 U.S.C. 5708), as amended by subsection 

6 (d)(2), is further amended by adding at the end the fol7 lowing: 

8 ‘‘(f) MULTI-STATE PARTICIPATION PROGRAM.—The 

9 Secretary may establish a multi-State participation pro10 gram under which— 

11 ‘‘(1) the Secretary determines which State pro12 grams are similar to each other, with respect to eli13 gibility criteria and such other criteria as the Sec14 retary determines appropriate; and 

15 ‘‘(2) a State may elect to automatically deem a 

16 person eligible for a State program if the person is 

17 already participating in another State’s State pro18 gram that the Secretary has determined is similar 

19 under paragraph (1).’’. 

20 (h) APPROVAL OF MULTI-STATE PROGRAMS.—Sec21 tion 3004 of the State Small Business Credit Initiative 

22 Act of 2010 (12 U.S.C. 5703), as amended by subsection 

23 (d), is further amended by adding at the end the following: 

24 ‘‘(g) APPROVAL OF MULTI-STATE PROGRAMS.—In 

25 approving State programs under section 3005 or 3006, 


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1 the Secretary may approve a State program carried out 

2 jointly by more than one State.’’. 

3 (i) PREDATORY LENDING PROHIBITED.—Section 

4 3004 of the State Small Business Credit Initiative Act of 

5 2010 (15 U.S.C. 5702), as amended by subsection (g), 

6 is further amended by adding at the end the following: 

7 ‘‘(h) PREDATORY LENDING PROHIBITED.—The Sec8 retary may not approve a State to be a participating State 

9 unless the State has agreed that no lending activity sup10 ported by amounts received by the State under the Pro11 gram would result in predatory lending, as determined by 

12 the Secretary.’’. 

13 (j) INCLUSION OF TRIBAL GOVERNMENTS.—Section 

14 3002(10) of the State Small Business Credit Initiative Act 

15 of 2010 (12 U.S.C. 5701(10)) is amended— 

16 (1) in subparagraph (C), by striking ‘‘and’’ at 

17 the end; 

18 (2) in subparagraph (D), by striking the period 

19 at the end and inserting ‘‘; and’’; and 

20 (3) by adding at the end the following: 

21 ‘‘(E) a Tribal government, or a group of 

22 Tribal governments that jointly apply for an al23 location.’’. 


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1 (k) DEFINITIONS.—Section 3002 of the State Small 

2 Business Credit Initiative Act of 2010 (12 U.S.C. 5701) 

3 is amended by adding at the end the following: 

4 ‘‘(15) BUSINESS ENTERPRISE OWNED AND CON5 TROLLED BY SOCIALLY AND ECONOMICALLY DIS6 ADVANTAGED INDIVIDUALS.—The term ‘business en7 terprise owned and controlled by socially and eco8 nomically disadvantaged individuals’ means a busi9 ness that— 

10 ‘‘(A) if privately owned, 51 percent is 

11 owned by one or more socially and economically 

12 disadvantaged individuals; 

13 ‘‘(B) if publicly owned, 51 percent of the 

14 stock is owned by one or more socially and eco15 nomically disadvantaged individuals; and 

16 ‘‘(C) in the case of a mutual institution, a 

17 majority of the Board of Directors, account 

18 holders, and the community which the institu19 tion services is predominantly comprised of so20 cially and economically disadvantaged individ21 uals. 

22 ‘‘(16) COMMUNITY DEVELOPMENT FINANCIAL

23 INSTITUTION.—The term ‘community development 

24 financial institution’ has the meaning given that 

25 term under section 103 of the Riegle Community 


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1 Development and Regulatory Improvement Act of 

2 1994. 

3 ‘‘(17) MINORITY DEPOSITORY INSTITUTION.— 

4 The term ‘minority depository institution’ has the 

5 meaning given that term under section 308(b) of the 

6 Financial Institutions Reform, Recovery, and En7 forcement Act of 1989. 

8 ‘‘(18) SOCIALLY AND ECONOMICALLY DIS9 ADVANTAGED INDIVIDUAL.—The term ‘socially and 

10 economically disadvantaged individual’ means an in11 dividual who is a socially disadvantaged individual or 

12 an economically disadvantaged individual, as such 

13 terms are defined, respectively, under section 8 of 

14 the Small Business Act (15 U.S.C. 637) and the 

15 regulations thereunder. 

16 ‘‘(19) TRIBAL GOVERNMENT.—The term ‘Tribal 

17 government’ means a government of an Indian Tribe 

18 listed on the list of recognized Tribes published by 

19 the Secretary of the Interior under section 104 of 

20 the Federally Recognized Indian Tribe List Act of 

21 1994 (25 U.S.C. 5131).’’ 

22 (l) RULE OF APPLICATION.—The amendments made 

23 by this section shall apply with respect to funds appro24 priated under this section and funds appropriated on and 

25 after the date of enactment of this section. 


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1 Subtitle D—Airlines 

2 SEC. 4301. AIR TRANSPORTATION PAYROLL SUPPORT PRO3 GRAM EXTENSION. 

4 (a) DEFINITIONS.—The definitions in section 

5 40102(a) of title 49, United States Code, shall apply with 

6 respect to terms used in this section, except that— 

7 (1) the term ‘‘catering functions’’ means prepa8 ration, assembly, or both, of food, beverages, provi9 sions and related supplies for delivery, and the deliv10 ery of such items, directly to aircraft or to a location 

11 on or near airport property for subsequent delivery 

12 to aircraft; 

13 (2) the term ‘‘contractor’’ means— 

14 (A) a person that performs, under contract 

15 with a passenger air carrier conducting oper16 ations under part 121 of title 14, Code of Fed17 eral Regulations— 

18 (i) catering functions; or 

19 (ii) functions on the property of an 

20 airport that are directly related to the air 

21 transportation of persons, property, or 

22 mail, including the loading and unloading 

23 of property on aircraft, assistance to pas24 sengers under part 382 of title 14, Code of 

25 Federal Regulations, security, airport 


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1 ticketing and check-in functions, ground2 handling of aircraft, or aircraft cleaning 

3 and sanitization functions and waste re4 moval; or 

5 (B) a subcontractor that performs such 

6 functions; 

7 (3) the term ‘‘employee’’ means an individual, 

8 other than a corporate officer, who is employed by 

9 an air carrier or a contractor; 

10 (4) the term ‘‘eligible air carrier’’ means an air 

11 carrier that— 

12 (A) received financial assistance pursuant 

13 section 402(a)(1) of division N of the Consoli14 dated Appropriations Act, 2021 (Public Law 

15 116-260); 

16 (B) provides air transportation as of 

17 March 31, 2021; 

18 (C) has not conducted involuntary fur19 loughs or reduced pay rates or benefits between 

20 March 31, 2021, and the date on which the air 

21 carrier makes a certification to the Secretary 

22 pursuant to subparagraph (D); and 

23 (D) certifies to the Secretary that such air 

24 carrier will— 


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1 (i) refrain from conducting involun2 tary furloughs or reducing pay rates or 

3 benefits until September 30, 2021, or the 

4 date on which assistance provided under 

5 this section is exhausted, whichever is 

6 later; 

7 (ii) refrain from purchasing an equity 

8 security of the air carrier or the parent 

9 company of the air carrier that is listed on 

10 a national securities exchange through 

11 September 30, 2022; 

12 (iii) refrain from paying dividends, or 

13 making other capital distributions, with re14 spect to common stock (or equivalent inter15 est) of such air carrier through September 

16 30, 2022; 

17 (iv) during the 2-year period begin18 ning April 1, 2021, and ending April 1, 

19 2023, refrain from paying— 

20 (I) any officer or employee of the 

21 air carrier whose total compensation 

22 exceeded $425,000 in calendar year 

23 2019 (other than an employee whose 

24 compensation is determined through 

25 an existing collective bargaining 


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1 agreement entered into prior to the 

2 date of enactment of this Act)— 

3 (aa) total compensation that 

4 exceeds, during any 12 consecu5 tive months of such 2-year pe6 riod, the total compensation re7 ceived by the officer or employee 

8 from the air carrier in calendar 

9 year 2019; or 

10 (bb) severance pay or other 

11 benefits upon termination of em12 ployment with the air carrier 

13 which exceeds twice the max14 imum total compensation re15 ceived by the officer or employee 

16 from the air carrier in calendar 

17 year 2019; and 

18 (II) any officer or employee of 

19 the air carrier whose total compensa20 tion exceeded $3,000,000 in calendar 

21 year 2019 during any 12 consecutive 

22 months of such period total compensa23 tion in excess of the sum of— 

24 (aa) $3,000,000; and 


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1 (bb) 50 percent of the excess 

2 over $3,000,000 of the total com3 pensation received by the officer 

4 or employee from the air carrier 

5 in calendar year 2019. 

6 (5) the term ‘‘eligible contractor’’ means a con7 tractor that— 

8 (A) received financial assistance pursuant 

9 to section 402(a)(2) of division N of the Con10 solidated Appropriations Act, 2021 (Public Law 

11 116-260); 

12 (B) performs one or more of the functions 

13 described under paragraph (2) as of March 31, 

14 2021; 

15 (C) has not conducted involuntary fur16 loughs or reduced pay rates or benefits between 

17 March 31, 2021, and the date on which the 

18 contractor makes a certification to the Sec19 retary pursuant to subparagraph (D); and 

20 (D) certifies to the Secretary that such 

21 contractor will— 

22 (i) refrain from conducting involun23 tary furloughs or reducing pay rates or 

24 benefits until September 30, 2021, or the 

25 date on which assistance provided under 


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1 this section is exhausted, whichever is 

2 later; 

3 (ii) refrain from purchasing an equity 

4 security of the contractor or the parent 

5 company of the contractor that is listed on 

6 a national securities exchange through 

7 September 30, 2022; 

8 (iii) refrain from paying dividends, or 

9 making other capital distributions, with re10 spect to common stock (or equivalent inter11 est) of the contractor through September 

12 30, 2022; 

13 (iv) during the 2-year period begin14 ning April 1, 2021, and ending April 1, 

15 2023, refrain from paying— 

16 (I) any officer or employee of the 

17 contractor whose total compensation 

18 exceeded $425,000 in calendar year 

19 2019 (other than an employee whose 

20 compensation is determined through 

21 an existing collective bargaining 

22 agreement entered into prior to the 

23 date of enactment of this Act)— 

24 (aa) total compensation that 

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1 tive months of such 2-year pe2 riod, the total compensation re3 ceived by the officer or employee 

4 from the contractor in calendar 

5 year 2019; or 

6 (bb) severance pay or other 

7 benefits upon termination of em8 ployment with the contractor 

9 which exceeds twice the max10 imum total compensation re11 ceived by the officer or employee 

12 from the contractor in calendar 

13 year 2019; and 

14 (II) any officer or employee of 

15 the contractor whose total compensa16 tion exceeded $3,000,000 in calendar 

17 year 2019 during any 12 consecutive 

18 months of such period total compensa19 tion in excess of the sum of— 

20 (aa) $3,000,000; and 

21 (bb) 50 percent of the excess 

22 over $3,000,000 of the total com23 pensation received by the officer 

24 or employee from the contractor 

25 in calendar year 2019. 


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1 (6) the term ‘‘Secretary’’ means the Secretary 

2 of the Treasury. 

3 (b) PAYROLL SUPPORT GRANTS.— 

4 (1) IN GENERAL.—To preserve aviation jobs 

5 and compensate air carrier industry workers, the 

6 Secretary shall make available to eligible air carriers 

7 and eligible contractors, financial assistance exclu8 sively for the continuation of payment of employee 

9 wages, salaries, and benefits to— 

10 (A) eligible air carriers, in an aggregate 

11 amount of $14,000,000,000; and 

12 (B) eligible contractors, in an aggregate 

13 amount of $1,000,000,000. 

14 (2) APPORTIONMENTS.— 

15 (A) IN GENERAL.—The Secretary shall ap16 portion funds to eligible air carriers and eligible 

17 contractors in accordance with the requirements 

18 of this section not later than April 15, 2021. 

19 (B) ELIGIBLE AIR CARRIERS.—The Sec20 retary shall apportion funds made available 

21 under paragraph (1)(A) to each eligible air car22 rier in the ratio that— 

23 (i) the amount received by the air car24 rier pursuant to section 403(a) of division 


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1 N of the Consolidated Appropriations Act, 

2 2021 (Public Law 116-260) bears to 

3 (ii) $15,000,000,000. 

4 (C) ELIGIBLE CONTRACTORS.—The Sec5 retary shall apportion, to each eligible con6 tractor, an amount equal to the total amount 

7 such contractor received pursuant to section 

8 403(a) of division N of the Consolidated Appro9 priations Act, 2021 (Public Law 116-260). 

10 (3) IN GENERAL.— 

11 (A) FORMS; TERMS AND CONDITIONS.— 

12 The Secretary shall provide financial assistance 

13 to an eligible air carrier or eligible contractor 

14 under this section in the same form and on the 

15 same terms and conditions as determined by 

16 pursuant to section 403(b)(1)(A) of subtitle A 

17 of title IV of division N of the Consolidated Ap18 propriations Act, 2021 (Pub. L. No. 116-260). 

19 (B) PROCEDURES.—The Secretary shall 

20 publish streamlined and expedited procedures 

21 not later than 5 days after the date of enact22 ment of this section for eligible air carriers and 

23 eligible contractors to submit requests for fi24 nancial assistance under this section. 


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1 (C) DEADLINE FOR IMMEDIATE PAYROLL

2 ASSISTANCE.—Not later than 10 days after the 

3 date of enactment of this section, the Secretary 

4 shall make initial payments to air carriers and 

5 contractors that submit requests for financial 

6 assistance approved by the Secretary. 

7 (4) TAXPAYER PROTECTION.—The Secretary 

8 shall receive financial instruments issued by recipi9 ents of financial assistance under this section in the 

10 same form and amount, and under the same terms 

11 and conditions, as determined by the Secretary 

12 under section 408 of subtitle A of title IV of division 

13 N of the Consolidated Appropriations Act, 2021 

14 (Pub. L. No. 116-260). 

15 (5) ADMINISTRATIVE EXPENSES.—Of the 

16 amounts made available under paragraph (1)(A), 

17 $10,000,000 shall be made available to the Sec18 retary for costs and administrative expenses associ19 ated with providing financial assistance under this 

20 section. 

21 (c) FUNDING.—In addition to amounts otherwise 

22 available, there is appropriated for fiscal year 2021, out 

23 of any money in the Treasury not otherwise appropriated, 

24 $15,000,000,000, to remain available until expended, to 

25 carry out this section. 


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1 TITLE V—COMMITTEE ON 

2 OVERSIGHT AND REFORM 

3 Subtitle A—Coronavirus State and 

4 Local Fiscal Recovery Funds 

5 SEC. 5001. CORONAVIRUS STATE AND LOCAL FISCAL RE6 COVERY FUNDS. 

7 (a) IN GENERAL.—Title VI of the Social Security Act 

8 (42 U.S.C. 801 et seq.) is amended by adding at the end 

9 the following: 

10 ‘‘SEC. 602. CORONAVIRUS STATE FISCAL RECOVERY FUND. 

11 ‘‘(a) APPROPRIATION.—In addition to amounts oth12 erwise available, there is appropriated for fiscal year 2021, 

13 out of any money in the Treasury not otherwise appro14 priated, $219,800,000,000, to remain available until ex15 pended, for making payments under this section to States, 

16 territories, and Tribal governments to mitigate the fiscal 

17 effects stemming from the public health emergency with 

18 respect to the Coronavirus Disease (COVID–19). 

19 ‘‘(b) AUTHORITY TO MAKE PAYMENTS.— 

20 ‘‘(1) PAYMENTS TO TERRITORIES.— 

21 ‘‘(A) IN GENERAL.—The Secretary shall 

22 reserve $4,500,000,000 of the amount appro23 priated under subsection (a) to make payments 

24 to the territories. 


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1 ‘‘(B) ALLOCATION.—Of the amount re2 served under subparagraph (A)— 

3 ‘‘(i) 50 percent of such amount shall 

4 be allocated by the Secretary equally 

5 among each territory; and 

6 ‘‘(ii) 50 percent of such amount shall 

7 be allocated by the Secretary as an addi8 tional amount to each territory in an 

9 amount which bears the same proportion 

to 1 10 ⁄2 of the total amount reserved under 

11 subparagraph (A) as the relative popu12 lation of the territory bears to the total 

13 population of all such territories. 

14 ‘‘(C) PAYMENT.—The Secretary shall pay 

15 each territory the total of the amounts allocated 

16 for the territory under subparagraph (B). 

17 ‘‘(2) PAYMENTS TO TRIBAL GOVERNMENTS.— 

18 ‘‘(A) IN GENERAL.—The Secretary shall 

19 reserve $20,000,000,000 of the amount appro20 priated under subsection (a) to make payments 

21 to Tribal governments. 

22 ‘‘(B) ALLOCATION.—Of the amount re23 served under subparagraph (A)— 


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1 ‘‘(i) $1,000,000,000 shall be allocated 

2 by the Secretary equally among each Trib3 al government; and 

4 ‘‘(ii) $19,000,000,000 shall be allo5 cated by the Secretary among each Tribal 

6 government in an amount determined by 

7 the Secretary. 

8 ‘‘(C) PAYMENT.— The Secretary shall pay 

9 each Tribal government the total of the 

10 amounts allocated for the Tribal government 

11 under subparagraph (B). 

12 ‘‘(3) PAYMENTS TO EACH OF THE 50 STATES

13 AND THE DISTRICT OF COLUMBIA.— 

14 ‘‘(A) IN GENERAL.—The Secretary shall 

15 reserve $195,300,000,000 of the amount appro16 priated under subsection (a) to make payments 

17 to each of the 50 States and the District of Co18 lumbia. 

19 ‘‘(B) ALLOCATIONS.—Of the amount re20 served under subparagraph (A)— 

21 ‘‘(i) $25,500,000,000 of such amount 

22 shall be allocated by the Secretary equally 

23 among each of the 50 States and the Dis24 trict of Columbia; 


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1 ‘‘(ii) an amount equal to 

2 $1,250,000,000 less the amount allocated 

3 for the District of Columbia pursuant to 

4 section 601(c)(6) shall allocated by the 

5 Secretary as an additional amount to the 

6 District of Columbia; and 

7 ‘‘(iii) an amount equal to the remain8 der of the amount reserved under subpara9 graph (A) after the application of clauses 

10 (i) and (ii) of this subparagraph shall be 

11 allocated by the Secretary as an additional 

12 amount to each of the 50 States and the 

13 District of Columbia in an amount which 

14 bears the same proportion to such remain15 der as the average estimated number of 

16 seasonally-adjusted unemployed individuals 

17 (as measured by the Bureau of Labor Sta18 tistics Local Area Unemployment Statistics 

19 program) in the State or District of Co20 lumbia over the 3-month period ending in 

21 December 2020 bears to the average esti22 mated number of seasonally-adjusted un23 employed individuals in all of the 50 States 

24 and the District of Columbia over the same 

25 period. 


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1 ‘‘(C) PAYMENT.—The Secretary shall pay 

2 each of the 50 States and the District of Co3 lumbia the total of the amounts allocated for 

4 the State and District of Columbia under sub5 paragraph (B). 

6 ‘‘(4) POPULATION DATA.—For purposes of de7 termining allocations for a State or territory under 

8 this section, the population of the State or territory 

9 shall be determined based on the most recent data 

10 available from the Bureau of the Census. 

11 ‘‘(5) TIMING.— 

12 ‘‘(A) IN GENERAL.—Subject to subpara13 graph (B), to the extent practicable, with re14 spect to each State, territory, and Tribal gov15 ernment allocated a payment under this sub16 section, the Secretary shall make the payment 

17 required for the State, territory, or Tribal gov18 ernment (as applicable) not later than 60 days 

19 after the date on which the certification re20 quired under subsection (d) is provided to the 

21 Secretary. 

22 ‘‘(B) EXCEPTION.—With respect to the 

23 amount allocated to the District of Columbia 

24 under paragraph (3)(B)(ii)— 


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1 ‘‘(i) the Secretary shall pay such 

2 amount to the District of Columbia not 

3 later than 15 days after the date of enact4 ment of this section; and 

5 ‘‘(ii) the District of Columbia shall 

6 not be required to submit a certification 

7 under subsection (d) as a condition for re8 ceiving such payment. 

9 ‘‘(6) PRO RATA ADJUSTMENT AUTHORITY.— 

10 The amounts otherwise determined for allocation 

11 and payment under paragraphs (1), (2), and (3) 

12 may be adjusted by the Secretary on a pro rata 

13 basis to the extent necessary to ensure that all avail14 able funds are distributed to territories, Tribal gov15 ernments, and States in accordance with the require16 ments specified in each paragraph (as applicable) 

17 and the certification requirement specified in sub18 section (d). 

19 ‘‘(c) REQUIREMENTS.— 

20 ‘‘(1) USE OF FUNDS.—A State, territory, or 

21 Tribal government shall only use the funds provided 

22 under a payment made under this section to— 

23 ‘‘(A) respond to or mitigate the public 

24 health emergency with respect to the 


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1 Coronavirus Disease 2019 (COVID–19) or its 

2 negative economic impacts; 

3 ‘‘(B) cover costs incurred as a result of 

4 such emergency; 

5 ‘‘(C) replace revenue that was lost, de6 layed, or decreased (as determined based on 

7 revenue projections for the State, Tribal Gov8 ernment, or territory as of January 27, 2020) 

9 as a result of such emergency; or 

10 ‘‘(D) address the negative economic im11 pacts of such emergency. 

12 ‘‘(2) TRANSFER AUTHORITY.—A State, terri13 tory, or Tribal government receiving a payment from 

14 funds made available under this section may transfer 

15 funds to a private nonprofit organization (as that 

16 term is defined in paragraph (17) of section 401 of 

17 the McKinney-Vento Homeless Assistance Act (42 

18 U.S.C. 11360(17)), a public benefit corporation in19 volved in the transportation of passengers or cargo, 

20 a special-purpose unit of State or local government, 

21 or a multi-State entity involved in the transportation 

22 of passengers or cargo. 

23 ‘‘(d) CERTIFICATION OF NEED AND INTENDED

24 USES.—In order to receive a payment under this section 

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1 section (b)(5)(B)), a State, territory, or Tribal govern2 ment shall provide the Secretary with a certification 

3 signed by the authorized officer of such State, territory, 

4 or Tribal government, that— 

5 ‘‘(1) such State, territory, or Tribal government 

6 requires Federal assistance under this section to ef7 fectively carry out the activities specified in sub8 section (c); and 

9 ‘‘(2) such State, territory, or Tribal govern10 ment’s intended uses of any payment under this sec11 tion are consistent with subsection (c). 

12 ‘‘(e) DEFINITIONS.—In this section: 

13 ‘‘(1) SECRETARY.—The term ‘Secretary’ means 

14 the Secretary of the Treasury. 

15 ‘‘(2) STATE.—The term ‘State’ means each of 

16 the 50 States and the District of Columbia. 

17 ‘‘(3) TERRITORY.—The term ‘territory’ means 

18 the Commonwealth of Puerto Rico, the United 

19 States Virgin Islands, Guam, the Commonwealth of 

20 the Northern Mariana Islands, and American 

21 Samoa. 

22 ‘‘(4) TRIBAL GOVERNMENT.—The term ‘Tribal 

23 Government’ means the recognized governing body 

24 of any Indian or Alaska Native tribe, band, nation, 

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1 ponent reservation, individually identified (including 

2 parenthetically) in the list published most recently as 

3 of the date of enactment of this Act pursuant to sec4 tion 104 of the Federally Recognized Indian Tribe 

5 List Act of 1994 (25 U.S.C. 5131). 

6 ‘‘SEC. 603. CORONAVIRUS LOCAL FISCAL RECOVERY FUND. 

7 ‘‘(a) APPROPRIATION.—In addition to amounts oth8 erwise available, there is appropriated for fiscal year 2021, 

9 out of any money in the Treasury not otherwise appro10 priated, $130,200,000,000, to remain available until ex11 pended, for making payments under this section to metro12 politan cities, nonentitlement units of local government, 

13 and counties to mitigate the fiscal effects stemming from 

14 the public health emergency with respect to the 

15 Coronavirus Disease (COVID–19). 

16 ‘‘(b) AUTHORITY TO MAKE PAYMENTS.— 

17 ‘‘(1) METROPOLITAN CITIES.— 

18 ‘‘(A) IN GENERAL.—Of the amount appro19 priated under subsection (a), the Secretary 

20 shall reserve $45,570,000,000 to make pay21 ments to metropolitan cities. 

22 ‘‘(B) ALLOCATION AND PAYMENT.—From 

23 the amount reserved under subparagraph (A), 

24 the Secretary shall allocate and pay to each 

25 metropolitan city an amount determined for the 


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1 metropolitan city pursuant to the formula 

2 under section 106(b)(1) of the Housing and 

3 Community Development Act of 1974 (42 

4 U.S.C. 5306(b)(1)), except that, in applying 

5 such formula, the Secretary shall substitute ‘all 

6 metropolitan cities’ for ‘all metropolitan areas’ 

7 each place it appears. 

8 ‘‘(2) NONENTITLEMENT UNITS OF LOCAL GOV9 ERNMENT.— 

10 ‘‘(A) IN GENERAL.—Of the amount appro11 priated under subsection (a), the Secretary 

12 shall reserve $19,530,000,000 to make pay13 ments to States for distribution by the State to 

14 nonentitlement units of local government in the 

15 State. 

16 ‘‘(B) ALLOCATION AND PAYMENT.—From 

17 the amount reserved under subparagraph (A), 

18 the Secretary shall allocate and pay to each 

19 State an amount which bears the same propor20 tion to such reserved amount as the total popu21 lation of all nonentitlement units of local gov22 ernment in the State bears to the total popu23 lation of all nonentitlement units of local gov24 ernment in all such States. 


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1 ‘‘(C) DISTRIBUTION TO NONENTITLEMENT

2 UNITS OF LOCAL GOVERNMENT.— 

3 ‘‘(i) IN GENERAL.—Not later than 30 

4 days after a State receives a payment 

5 under subparagraph (B), the State shall 

6 distribute to each nonentitlement unit of 

7 local government in the State an amount 

8 that bears the same proportion to the 

9 amount of such payment as the population 

10 of the nonentitlement unit of local govern11 ment bears to the total population of all 

12 the nonentitlement units of local govern13 ment in the State, subject to clause (iii). 

14 ‘‘(ii) DISTRIBUTION OF FUNDS.— 

15 ‘‘(I) EXTENSION FOR DISTRIBU16 TION.—If an authorized officer of a 

17 State required to make distributions 

18 under clause (i) certifies in writing to 

19 the Secretary before the end of the 

20 30-day distribution period described 

21 in such clause that it would constitute 

22 an excessive administrative burden for 

23 the State to meet the terms of such 

24 clause with respect to 1 or more such 

25 distributions, the authorized officer 


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1 may request, and the Secretary shall 

2 grant, an extension of such period of 

3 not more than 30 days to allow the 

4 State to make such distributions in 

5 accordance with clause (i). 

6 ‘‘(II) ADDITIONAL EXTEN7 SIONS.— 

8 ‘‘(aa) IN GENERAL.—If a 

9 State has been granted an exten10 sion to the distribution period 

11 under subclause (I) but is unable 

12 to make all the distributions re13 quired under clause (i) before the 

14 end of such period as extended, 

15 the authorized officer of the 

16 State may request an additional 

17 extension of the distribution pe18 riod of not more than 30 days. 

19 The Secretary may grant a re20 quest for an additional extension 

21 of such period only if— 

22 ‘‘(AA) the authorized 

23 officer making such request 

24 provides a written plan to 

25 the Secretary specifying, for 


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1 each distribution for which 

2 an additional extension is re3 quested, when the State ex4 pects to make such distribu5 tion and the actions the 

6 State has taken and will 

7 take in order to make all 

8 such distributions before the 

9 end of the distribution pe10 riod (as extended under sub11 clause (I) and this sub12 clause); and 

13 ‘‘(BB) the Secretary 

14 certifies in writing that the 

15 actions specified in such 

16 plan are likely sufficient for 

17 the State to make all such 

18 distributions before the end 

19 of the distribution period (as 

20 so extended). 

21 ‘‘(bb) FURTHER ADDI22 TIONAL EXTENSIONS.—If a State 

23 granted an additional extension 

24 of the distribution period under 

25 item (aa) requires any further 


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1 additional extensions of such pe2 riod, the request only may be 

3 made and granted subject to the 

4 requirements specified in item 

5 (aa). 

6 ‘‘(iii) CAPPED AMOUNT.—The total 

7 amount distributed to a nonentitlement 

8 unit of local government under this para9 graph may not exceed the amount equal to 

10 75 percent of the most recent budget for 

11 the nonentitlement unit of local govern12 ment as of January 27, 2020. 

13 ‘‘(iv) REDISTRIBUTION OF EXCESS

14 AMOUNTS.—Any amounts not distributed 

15 to a nonentitlement unit of local govern16 ment as a result of the application of 

17 clause (iii) shall be retained or paid as fol18 lows: 

19 ‘‘(I) 50 percent of all such undis20 tributed amounts shall be retained by 

21 the State. 

22 ‘‘(II) Subject to the payment 

23 limit under clause (iii), the remainder 

24 of all such undistributed amounts 

25 shall be allocated and paid by the 


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1 State to each nonentitlement unit of 

2 local government in the State an 

3 amount that bears the same propor4 tion to such remainder as the popu5 lation of the nonentitlement unit of 

6 local government bears to the total 

7 population of all nonentitlement units 

8 of local government in the State. 

9 ‘‘(v) ADJUSTMENT AUTHORITY.—A 

10 State may make pro rata adjustments to 

11 the allocations determined under clause 

12 (iv)(II) as necessary to comply with clause 

13 (iii) and ensure that all available funds are 

14 distributed to nonentitlement units of local 

15 government in a State. 

16 ‘‘(D) PENALTY FOR NONCOMPLIANCE.—If, 

17 by the end of the 120-day period that begins on 

18 the date a State receives a payment under sub19 paragraph (B) or, if later, the last day of the 

20 distribution period for the State (as extended 

21 with respect to the State under subparagraph 

22 (C)(ii)), such State has failed to make all the 

23 distributions from such payment in accordance 

24 with the terms of subparagraph (C) (including 

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1 ed in accordance with such subparagraph), an 

2 amount equal to the amount of such payment 

3 that remains undistributed as of such date shall 

4 be booked as a debt of such State owed to the 

5 Federal Government, shall be paid back from 

6 the State’s allocation provided under section 

7 602(b)(3)(B)(iii), and shall be deposited into 

8 the general fund of the Treasury. 

9 ‘‘(3) COUNTIES.— 

10 ‘‘(A) AMOUNT.—From the amount appro11 priated under subsection (a), the Secretary 

12 shall reserve $65,100,000,000 of such amount 

13 to make payments directly to counties within 

14 the 50 States, the District of Columbia, the 

15 Commonwealth of Puerto Rico, the United 

16 States Virgin Islands, Guam, the Common17 wealth of the Northern Mariana Islands, and 

18 American Samoa in an amount which bears the 

19 same proportion to the total amount reserved 

20 under this paragraph as the relative population 

21 of each such county bears to the total popu22 lation of all such entities. 

23 ‘‘(B) SPECIAL RULES.— 

24 ‘‘(i) URBAN COUNTIES.—No county 

25 that is an ‘urban county’ (as defined in 


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1 section 102 of the Housing and Commu2 nity Development Act of 1974 (42 U.S.C. 

3 5302)) shall receive less than the amount 

4 the county would otherwise receive if the 

5 amount paid under this paragraph were al6 located to metropolitan cities and urban 

7 counties under section 106(b) of the Hous8 ing and Community Development Act of 

9 1974 (42 U.S.C. 5306(b)). 

10 ‘‘(ii) COUNTIES THAT ARE NOT UNITS

11 OF GENERAL LOCAL GOVERNMENT.—In 

12 the case of an amount to be paid to a 

13 county that is not a unit of general local 

14 government, the amount shall instead be 

15 paid to the State in which such county is 

16 located, and such State shall distribute 

17 such amount to units of general local gov18 ernment within such county in an amounts 

19 that bear the same proportion as the popu20 lation of such units of general local govern21 ment bear to the total population of such 

22 county. 

23 ‘‘(iii) DISTRICT OF COLUMBIA.—For 

24 purposes of this paragraph, the District of 

25 Columbia shall be considered to consist of 


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1 a single county that is a unit of general 

2 local government. 

3 ‘‘(4) CONSOLIDATED GOVERNMENTS.—A unit 

4 of general local government that has formed a con5 solidated government, or that is geographically con6 tained (in full or in part) within the boundaries of 

7 another unit of general local government may receive 

8 a distribution under each of paragraphs (1), (2), and 

9 (3), as applicable, based on the respective formulas 

10 specified in such paragraphs. 

11 ‘‘(5) PRO RATA ADJUSTMENT AUTHORITY.— 

12 The amounts otherwise determined for allocation 

13 and payment under paragraphs (1), (2), and (3) 

14 may be adjusted by the Secretary on a pro rata 

15 basis to the extent necessary to ensure that all avail16 able funds are distributed to metropolitan cities, 

17 counties, and States in accordance with the require18 ments specified in each paragraph (as applicable) 

19 and the certification requirement specified in sub20 section (d). 

21 ‘‘(6) POPULATION.—For purposes of deter22 mining allocations under this section, the population 

23 of an entity shall be determined based on the most 

24 recent data are available from the Bureau of the 


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1 Census or, if not available, from such other data as 

2 a State determines appropriate. 

3 ‘‘(7) TIMING.—To the extent practicable— 

4 ‘‘(A) with respect to each metropolitan city 

5 allocated a payment under paragraph (1) and 

6 each county allocated a payment under para7 graph (3), the Secretary shall make the pay8 ment required for the metropolitan city or coun9 ty (as applicable) not later than 60 days after 

10 the date on which the certification required 

11 under subsection (d) is provided to the Sec12 retary; and 

13 ‘‘(B) with respect to the payments allo14 cated to States under paragraph (2) for dis15 tribution to nonentitlement units of local gov16 ernment, the Secretary shall make such pay17 ments not later than 60 days after the date of 

18 enactment of this section. 

19 ‘‘(c) REQUIREMENTS.— 

20 ‘‘(1) USE OF FUNDS.—A metropolitan city, 

21 nonentitlement unit of local government, or county 

22 receiving a payment from funds made available 

23 under this section shall only use such amounts to— 

24 ‘‘(A) respond to or mitigate the public 

25 health emergency with respect to the 


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1 Coronavirus Disease 2019 (COVID–19) or its 

2 negative economic impacts; 

3 ‘‘(B) cover costs incurred as a result of 

4 such emergency; 

5 ‘‘(C) replace revenue that was lost, de6 layed, or decreased (as determined based on 

7 revenue projections for the metropolitan city, 

8 nonentitlement unit of local government, or 

9 county as of January 27, 2020) as a result of 

10 such emergency; or 

11 ‘‘(D) address the negative economic im12 pacts of such emergency. 

13 ‘‘(2) TRANSFER AUTHORITY.—A metropolitan 

14 city, nonentitlement unit of local government, or 

15 county receiving a payment from funds made avail16 able under this section may transfer funds to a pri17 vate nonprofit organization (as that term is defined 

18 in paragraph (17) of section 401 of the McKinney19 Vento Homeless Assistance Act (42 U.S.C. 

20 11360(17)), a public benefit corporation involved in 

21 the transportation of passengers or cargo, a special22 purpose unit of State or local government, or a 

23 multi-State entity involved in the transportation of 

24 passengers or cargo. 


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1 ‘‘(d) CERTIFICATION OF NEED AND INTENDED

2 USES.—In order to receive a payment under paragraphs 

3 (1) or (3) of subsection (b), a metropolitan city or a coun4 ty (as each of those terms are defined in subsection (e), 

5 shall provide the Secretary with a certification signed by 

6 the authorized officer of such metropolitan city or county, 

7 that— 

8 ‘‘(1) such metropolitan city or county requires 

9 Federal assistance under this section to effectively 

10 carry out the activities specified in subsection (c); 

11 and 

12 ‘‘(2) such metropolitan city or county’s intended 

13 uses of any payment under this section are con14 sistent with subsection (c). 

15 ‘‘(e) DEFINITIONS.—In this section: 

16 ‘‘(1) COUNTY.—The term ‘county’ means a 

17 county, parish, or other equivalent county division 

18 (as defined by the Bureau of the Census). 

19 ‘‘(2) METROPOLITAN CITY.—The term ‘metro20 politan city’ has the meaning given that term in sec21 tion 102(a)(4) of the Housing and Community De22 velopment Act of 1974 (42 U.S.C. 5302(a)(4)) and 

23 includes cities that relinquish or defer their status as 

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1 tions under section 106 of such Act (42 U.S.C. 

2 5306) for fiscal year 2021. 

3 ‘‘(3) NONENTITLEMENT UNIT OF LOCAL GOV4 ERNMENT.—The term ‘nonentitlement unit of local 

5 government’ means a unit of general local govern6 ment, other than a county, that is located in a non7 entitlement area (as defined in section 102 of the 

8 Housing and Community Development Act of 1974 

9 (42 U.S.C. 5302)) of a State (as that term is de10 fined in such section 102). 

11 ‘‘(4) SECRETARY.—The term ‘Secretary’ means 

12 the Secretary of the Treasury. 

13 ‘‘(5) STATE.—The term ‘State’ has the mean14 ing given that term in section 102(a)(2) of the 

15 Housing and Community Development Act of 1974 

16 (42 U.S.C. 5302 (a)(2). 

17 ‘‘(6) UNIT OF GENERAL LOCAL GOVERN18 MENT.—The term ‘unit of general local government’ 

19 has the meaning given that term in section 

20 102(a)(1) of the Housing and Community Develop21 ment Act of 1974 (42 U.S.C. 5302(a)(1)).’’. 

22 (b) TECHNICAL AMENDMENT.—The heading for title 

23 VI of the Social Security Act (42 U.S.C. 801 et seq.) is 

24 amended by striking ‘‘FUND’’ and inserting ‘‘AND 

25 FISCAL RECOVERY FUNDS’’. 


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1 Subtitle B—Other Matters 

2 SEC. 5111. EMERGENCY FEDERAL EMPLOYEE LEAVE FUND. 

3 (a) ESTABLISHMENT; APPROPRIATION.—There is es4 tablished in the Treasury the Emergency Federal Em5 ployee Leave Fund (in this section referred to as the 

6 ‘‘Fund’’), to be administered by the Director of the Office 

7 of Personnel Management, for the purposes set forth in 

8 subsection (b). In addition to amounts otherwise available, 

9 there is appropriated for fiscal year 2021, out of any 

10 money in the Treasury not otherwise appropriated, 

11 $570,000,000, to be deposited into the Fund. 

12 (b) PURPOSE.—Amounts in the Fund shall be avail13 able for payment to an agency for the use of paid leave 

14 by any employee of the agency who is unable to work be15 cause the employee— 

16 (1) is subject to a Federal, State, or local quar17 antine or isolation order related to COVID–19; 

18 (2) has been advised by a health care provider 

19 to self-quarantine due to concerns related to 

20 COVID–19; 

21 (3) is caring for an individual who is subject to 

22 such an order or has been so advised; 

23 (4) is experiencing symptoms of COVID–19 

24 and seeking a medical diagnosis; 


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1 (5) is caring for a son or daughter of such em2 ployee if the school or place of care of the son or 

3 daughter has been closed, if the school of such son 

4 or daughter requires or makes optional a virtual 

5 learning instruction model or requires or makes op6 tional a hybrid of in-person and virtual learning in7 struction models, or the child care provider of such 

8 son or daughter is unavailable, due to COVID–19 

9 precautions; 

10 (6) is experiencing any other substantially simi11 lar condition; 

12 (7) is caring for a family member with a mental 

13 or physical disability or who is 55 years of age or 

14 older and incapable of self-care, without regard to 

15 whether another individual other than the employee 

16 is available to care for such family member, if the 

17 place of care for such family member is closed or the 

18 direct care provider is unavailable due to COVID– 

19 19; or 

20 (8) is obtaining immunization related to 

21 COVID–19 or to recover from any injury, disability, 

22 illness, or condition related to such immunization. 

23 (c) LIMITATIONS.— 

24 (1) PERIOD OF AVAILABILITY.—Paid leave 

25 under this section may only be provided to and used 


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1 by an employee during the period beginning on the 

2 date of enactment of this Act and ending on Sep3 tember 30, 2021. 

4 (2) TOTAL HOURS; AMOUNT.—Paid leave under 

5 this section— 

6 (A) may be provided to an employee in an 

7 amount not to exceed 600 hours of paid leave 

8 for each full-time employee, and in the case of 

9 a part-time employee, employee on an uncom10 mon tour of duty, or employee with a seasonal 

11 work schedule, in an amount not to exceed the 

12 proportional equivalent of 600 hours as estab13 lished by the applicable agency; and 

14 (B) may not be provided to an employee — 

15 (i) at a rate that exceeds $35 for each 

16 hour of leave taken; and 

17 (ii) in an amount greater than $1,400 

18 in aggregate for any week. 

19 (3) RELATIONSHIP TO OTHER LEAVE.—Paid 

20 leave under this section— 

21 (A) is in addition to any other leave pro22 vided to an employee; and 

23 (B) may not be used by an employee con24 currently with any other paid leave. 


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1 (4) CALCULATION OF ANNUITY.—Any paid 

2 leave provided to an employee under this section 

3 shall not count for purposes of determining the an4 nuity of the employee, including an annuity under 

5 chapter 83 or 84 of title 5, United States Code. 

6 (d) DEFINITIONS.—In this section— 

7 (1) the term ‘‘agency’’ means— 

8 (A) any agency or instrumentality of the 

9 executive branch of Government; 

10 (B) the United States Postal Service and 

11 the Postal Regulatory Commission; and 

12 (C) the Public Defender Service for the 

13 District of Columbia and the District of Colum14 bia Courts; and 

15 (2) the term ‘‘employee’’ does not include any 

16 member of the Armed Forces. 

17 (e) CLARIFICATION.—Notwithstanding section 

18 7425(b) of title 38, United States Code, the term ‘‘agen19 cy’’ in subsection (d)(1) includes the Veterans Health Ad20 ministration. 

21 SEC. 5112. FUNDING FOR THE GOVERNMENT ACCOUNT22 ABILITY OFFICE. 

23 In addition to amounts otherwise available, there is 

24 appropriated for fiscal year 2021, out of any money in 

25 the Treasury not otherwise appropriated, $77,000,000, to 


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1 remain available until September 30, 2025, for necessary 

2 expenses of the Government Accountability Office to pre3 vent, prepare for, and respond to Coronavirus and to sup4 port oversight of the Coronavirus response and of funds 

5 provided in this Act or any other Act pertaining to the 

6 Coronavirus pandemic. 

7 SEC. 5113. PANDEMIC RESPONSE ACCOUNTABILITY COM8 MITTEE FUNDING AVAILABILITY. 

9 In addition to amounts otherwise available, there is 

10 appropriated for fiscal year 2021, out of any money in 

11 the Treasury not otherwise appropriated, $40,000,000, to 

12 remain available until September 30, 2025, for the Pan13 demic Response Accountability Committee to promote 

14 transparency and support oversight of the Coronavirus re15 sponse and of funds provided in this Act or any other Act 

16 pertaining to the Coronavirus pandemic. 

17 TITLE VI—COMMITTEE ON 

18 SMALL BUSINESS 

19 SEC. 6001. MODIFICATIONS TO PAYCHECK PROTECTION 

20 PROGRAM. 

21 (a) ELIGIBILITY OF CERTAIN NONPROFIT ENTITIES

22 FOR COVERED LOANS UNDER THE PAYCHECK PROTEC23 TION PROGRAM.— 

24 (1) IN GENERAL.—Section 7(a)(36) of the 

25 Small Business Act (15 U.S.C. 636(a)(36)), as 


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1 amended by the Economic Aid to Hard-Hit Small 

2 Businesses, Nonprofits, and Venues Act (title III of 

3 division N of Public Law 116–260), is amended— 

4 (A) in subparagraph (A)— 

5 (i) in clause (xv), by striking ‘‘and’’ at 

6 the end; 

7 (ii) in clause (xvi), by striking the pe8 riod at the end and inserting ‘‘; and’’; and 

9 (iii) by adding at the end the fol10 lowing: 

11 ‘‘(xvii) the term ‘additional covered 

12 nonprofit entity’— 

13 ‘‘(I) means an organization de14 scribed in any paragraph of section 

15 501(c) of the Internal Revenue Code 

16 of 1986, other than paragraph (3), 

17 (4), (6), or (19), and exempt from tax 

18 under section 501(a) of such Code; 

19 and 

20 ‘‘(II) does not include any entity 

21 that, if the entity were a business con22 cern, would be described in section 

23 120.110 of title 13, Code of Federal 

24 Regulations (or in any successor regu25 lation or other related guidance or 


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1 rule that may be issued by the Admin2 istrator) other than a business con3 cern described in paragraph (a) or (k) 

4 of such section.’’; and 

5 (B) in subparagraph (D)— 

6 (i) in clause (iii), by adding at the end 

7 the following: 

8 ‘‘(III) ELIGIBILITY OF CERTAIN

9 ORGANIZATIONS.—Subject to the pro10 visions in this subparagraph, during 

11 the covered period— 

12 ‘‘(aa) a nonprofit organiza13 tion shall be eligible to receive a 

14 covered loan if the nonprofit or15 ganization employs not more 

16 than 500 employees per physical 

17 location of the organization; and 

18 ‘‘(bb) an additional covered 

19 nonprofit entity and an organiza20 tion that, but for subclauses 

21 (I)(dd) and (II)(dd) of clause 

22 (vii), would be eligible for a cov23 ered loan under clause (vii) shall 

24 be eligible to receive a covered 

25 loan if the entity or organization 


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1 employs not more than 300 em2 ployees per physical location of 

3 the entity or organization.’’; 

4 (ii) in clause (iv)— 

5 (I) in subclause (III), by striking 

6 ‘‘and’’ at the end; 

7 (II) in subclause (IV)— 

8 (aa) by striking ‘‘(aa)’’; 

9 (bb) by striking ‘‘; or’’ and 

10 inserting a semicolon; and 

11 (cc) by striking item (bb); 

12 and 

13 (III) by adding at the end the 

14 following: 

15 ‘‘(V) any nonprofit organization, 

16 additional covered nonprofit entity, or 

17 any organization made eligible for a 

18 loan under clause (vii); and’’; and 

19 (iii) by striking clause (vi) and insert20 ing the following: 

21 ‘‘(vi) ELIGIBILITY OF ADDITIONAL

22 COVERED NONPROFIT ENTITIES.—An addi23 tional covered nonprofit entity shall be eli24 gible to receive a covered loan if— 


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1 ‘‘(I) the additional covered non2 profit entity does not receive more 

3 than 15 percent of its receipts from 

4 lobbying activities; 

5 ‘‘(II) the lobbying activities of 

6 the additional covered nonprofit entity 

7 do not comprise more than 15 percent 

8 of the total activities of the organiza9 tion; 

10 ‘‘(III) the cost of the lobbying ac11 tivities of the additional covered non12 profit entity did not exceed 

13 $1,000,000 during the most recent 

14 tax year of the additional covered non15 profit entity that ended prior to Feb16 ruary 15, 2020; and 

17 ‘‘(IV) the additional covered non18 profit entity employs not more than 

19 300 employees.’’. 

20 (2) ELIGIBILITY FOR SECOND DRAW LOANS.— 

21 Paragraph (37)(A)(i) of section 7(a) of the Small 

22 Business Act (15 U.S.C. 636(a)), as added by the 

23 Economic Aid to Hard-Hit Small Businesses, Non24 profits, and Venues Act (title III of division N of 

25 Public Law 116–260), is amended by inserting ‘‘ ‘adVerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00314 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319

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1 ditional covered nonprofit entity’,’’ after ‘‘the 

2 terms’’. 

3 (b) ELIGIBILITY OF INTERNET PUBLISHING ORGANI4 ZATIONS FOR COVERED LOANS UNDER THE PAYCHECK

5 PROTECTION PROGRAM.— 

6 (1) IN GENERAL.—Section 7(a)(36)(D) of the 

7 Small Business Act (15 U.S.C. 636(a)(36)(D)), as 

8 amended by subsection (a), is further amended— 

9 (A) in clause (iii), by adding at the end the 

10 following: 

11 ‘‘(IV) ELIGIBILITY OF INTERNET

12 PUBLISHING ORGANIZATIONS.—A 

13 business concern or other organization 

14 that was not eligible to receive a cov15 ered loan the day before the date of 

16 enactment of this subclause, is as17 signed a North American Industry 

18 Classification System code of 519130, 

19 certifies in good faith as an Internet20 only news publisher or Internet-only 

21 periodical publisher, and is engaged in 

22 the collection and distribution of local 

23 or regional and national news and in24 formation shall be eligible to receive a 

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1 sion of news, information, content, or 

2 emergency information if— 

3 ‘‘(aa) the business concern 

4 or organization employs not more 

5 than 500 employees, or the size 

6 standard established by the Ad7 ministrator for that North Amer8 ican Industry Classification code, 

9 per physical location of the busi10 ness concern or organization; and 

11 ‘‘(bb) the business concern 

12 or organization makes a good 

13 faith certification that proceeds 

14 of the loan will be used to sup15 port expenses at the component 

16 of the business concern or orga17 nization that supports local or re18 gional news.’’; 

19 (B) in clause (iv), by adding at the end the 

20 following: 

21 ‘‘(VI) any business concern or 

22 other organization that was not eligi23 ble to receive a covered loan the day 

24 before the date of enactment of this 

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1 ican Industry Classification System 

2 code of 519130, certifies in good faith 

3 as an Internet-only news publisher or 

4 Internet-only periodical publisher, and 

5 is engaged in the collection and dis6 tribution of local or regional and na7 tional news and information, if the 

8 business concern or organization— 

9 ‘‘(aa) employs not more 

10 than 500 employees, or the size 

11 standard established by the Ad12 ministrator for that North Amer13 ican Industry Classification code, 

14 per physical location of the busi15 ness concern or organization; and 

16 ‘‘(bb) is majority owned or 

17 controlled by a business concern 

18 or organization that is assigned a 

19 North American Industry Classi20 fication System code of 

21 519130.’’; 

22 (C) in clause (v), by striking ‘‘clause 

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1 clause (IV) or (VI) of clause (iv), clause (vi), or 

2 clause (vii)’’; and 

3 (D) in clause (viii)(II)— 

4 (i) by striking ‘‘business concern made 

5 eligible by clause (iii)(II) or clause (iv)(IV) 

6 of this subparagraph’’ and inserting ‘‘busi7 ness concern made eligible by subclause 

8 (II) or (IV) of clause (iii) or subclause (IV) 

9 or (VI) of clause (iv) of this subpara10 graph’’; and 

11 (ii) by inserting ‘‘or organization’’ 

12 after ‘‘business concern’’ each place it ap13 pears. 

14 (2) ELIGIBILITY FOR SECOND DRAW LOANS.— 

15 Section 7(a)(37)(A)(iv)(II) of the Small Business 

16 Act, as amended by the Economic Aid to Hard-Hit 

17 Small Businesses, Nonprofits, and Venues Act (title 

18 III of division N of Public Law 116–260), is amend19 ed by striking ‘‘clause (iii)(II), (iv)(IV), or (vii)’’ and 

20 inserting ‘‘subclause (II) or (III) of clause (iii), sub21 clause (IV) or (V) of clause (iv), clause (vi), or 

22 clause (vii)’’. 

23 (c) COORDINATION WITH CONTINUATION COVERAGE

24 PREMIUM ASSISTANCE.— 


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1 (1) PAYCHECK PROTECTION PROGRAM.—Sec2 tion 7A(a)(12) of the Small Business Act (as redes3 ignated, transferred, and amended by section 304(b) 

4 of the Economic Aid to Hard-Hit Small Businesses, 

5 Nonprofits, and Venues Act (Public Law 116–260)) 

6 is amended— 

7 (A) by striking ‘‘CARES Act or’’ and in8 serting ‘‘CARES Act,’’; and 

9 (B) by inserting before the period at the 

10 end the following: ‘‘, or premiums taken into 

11 account in determining the credit allowed under 

12 section 6432 of the Internal Revenue Code of 

13 1986’’. 

14 (2) PAYCHECK PROTECTION PROGRAM SECOND

15 DRAW.—Section 7(a)(37)(J)(iii)(I) of the Small 

16 Business Act, as amended by the Economic Aid to 

17 Hard-Hit Small Businesses, Nonprofits, and Venues 

18 Act (title III of division N of Public Law 116–260), 

19 is amended— 

20 (A) by striking ‘‘or’’ at the end of item 

21 (aa); 

22 (B) by striking the period at the end of 

23 item (bb) and inserting ‘‘; or’’; and 

24 (C) by adding at the end the following new 

25 item: 


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1 ‘‘(cc) premiums taken into 

2 account in determining the credit 

3 allowed under section 6432 of the 

4 Internal Revenue Code of 1986.’’. 

5 (3) APPLICABILITY.—The amendments made 

6 by this subsection shall apply only with respect to 

7 applications for forgiveness of covered loans made 

8 under paragraphs (36) or (37) of section 7(a) of the 

9 Small Business Act, as amended by the Economic 

10 Aid to Hard-Hit Small Businesses, Nonprofits, and 

11 Venues Act (title III of division N of Public Law 

12 116–260), that are received on or after the date of 

13 the enactment of this Act. 

14 (d) COMMITMENT AUTHORITY AND APPROPRIA15 TIONS.— 

16 (1) COMMITMENT AUTHORITY.—Section 

17 1102(b)(1) of the CARES Act (Public Law 116– 

18 136) is amended by striking ‘‘$806,450,000,000’’ 

19 and inserting ‘‘$813,700,000,000’’. 

20 (2) DIRECT APPROPRIATIONS.—In addition to 

21 amounts otherwise available, there is appropriated to 

22 the Administrator of the Small Business Administra23 tion for fiscal year 2021, out of any money in the 

24 Treasury not otherwise appropriated, 


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1 $7,250,000,000, to remain available until expended, 

2 for carrying out this section. 

3 SEC. 6002. TARGETED EIDL ADVANCE. 

4 (a) DEFINITIONS.—In this section— 

5 (1) the term ‘‘Administrator’’ means the Ad6 ministrator of the Small Business Administration; 

7 (2) the terms ‘‘covered entity’’ and ‘‘economic 

8 loss’’ have the meanings given the terms in section 

9 331(a) of the Economic Aid to Hard-Hit Small 

10 Businesses, Nonprofits, and Venues Act (title III of 

11 division N of Public Law 116–260); 

12 (3) the term ‘‘severely impacted small business’’ 

13 means a covered entity that— 

14 (A) has suffered an economic loss of great15 er than 50 percent; and 

16 (B) employs not more than 10 employees; 

17 (4) the term ‘‘substantially impacted small busi18 ness’’ means a covered entity that— 

19 (A) employs not more than 10 employees; 

20 and 

21 (B) is not a severely impacted small busi22 ness; and 

23 (5) the term ‘‘supplemental payment’’ means a 

24 payment— 


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1 (A) made by the Administrator under sec2 tion 1110(e) of the CARES Act (15 U.S.C. 

3 9009(e)) to a severely impacted small business 

4 or a substantially impacted small business; 

5 (B) in an amount that is $5,000; and 

6 (C) that, with respect to a covered entity, 

7 is in addition to any payment made to the cov8 ered entity under section 1110(e) of the 

9 CARES Act (15 U.S.C. 9009(e)) or section 331 

10 of the Economic Aid to Hard-Hit Small Busi11 nesses, Nonprofits, and Venues Act (title III of 

12 division N of Public Law 116–260). 

13 (b) PAYMENTS.—The Administrator shall take the 

14 following actions: 

15 (1) Not later than 14 days after the date of the 

16 enactment of this subsection, the Administrator shall 

17 begin processing applications for payments, and may 

18 make payments, to covered entities that have not re19 ceived the full amounts to which the covered entities 

20 are entitled under section 331 of the Economic Aid 

21 to Hard-Hit Small Businesses, Nonprofits, and 

22 Venues Act (title III of division N of Public Law 

23 116–260). 

24 (2)(A) During the 14-day period beginning on 

25 the date that is 28 days after the date of enactment 


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1 of this subsection, and subject to the availability of 

2 funds, the Administrator shall— 

3 (i) begin processing applications for sup4 plemental payments to severely impacted small 

5 businesses; and 

6 (ii) continue to process applications for the 

7 payments described in paragraph (1). 

8 (B) During the period described in subpara9 graph (A), the Administrator may make supple10 mental payments to severely impacted small busi11 nesses, and payments described in paragraph (1), in 

12 the order that the Administrator receives applica13 tions for those payments. 

14 (3)(A) Beginning on the date that is 42 days 

15 after the date of enactment of this subsection, and 

16 subject to the availability of funds, the Adminis17 trator shall— 

18 (i) begin processing applications for sup19 plemental payments to substantially impacted 

20 small businesses; and 

21 (ii) continue to process applications for the 

22 supplemental payments described in paragraph 

23 (2) and payments described in paragraph (1). 

24 (B) During the period described in subpara25 graph (A), the Administrator may make suppleVerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00323 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319

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1 mental payments to substantially impacted small 

2 businesses, supplemental payments described in 

3 paragraph (2), and payments described in paragraph 

4 (1), in the order that the Administrator receives ap5 plications for those payments. 

6 (c) APPROPRIATIONS.—In addition to amounts other7 wise available, there is appropriated to the Administrator 

8 for fiscal year 2021, out of any money in the Treasury 

9 not otherwise appropriated, $15,000,000,000, to remain 

10 available until expended, for carrying out this section. 

11 SEC. 6003. SUPPORT FOR RESTAURANTS. 

12 (a) DEFINITIONS.—In this section: 

13 (1) ADMINISTRATOR.—The term ‘‘Adminis14 trator’’ means the Administrator of the Small Busi15 ness Administration. 

16 (2) AFFILIATED BUSINESS.—The term ‘‘affili17 ated business’’ means a business in which an eligible 

18 entity has an equity or right to profit distributions 

19 of not less than 50 percent, or in which an eligible 

20 entity has the contractual authority to control the 

21 direction of the business, provided that such affili22 ation shall be determined as of any arrangements or 

23 agreements in existence as of March 13, 2020. 

24 (3) COVERED PERIOD.—The term ‘‘covered pe25 riod’’ means the period— 


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1 (A) beginning on February 15, 2020; and 

2 (B) ending on December 31, 2021, or a 

3 date to be determined by the Administrator 

4 that is not later than 2 years after the date of 

5 enactment of this section. 

6 (4) ELIGIBLE ENTITY.—The term ‘‘eligible enti7 ty’’— 

8 (A) means a restaurant, food stand, food 

9 truck, food cart, caterer, saloon, inn, tavern, 

10 bar, lounge, brewpub, tasting room, taproom, li11 censed facility or premise of a beverage alcohol 

12 producer where the public may taste, sample, or 

13 purchase products, or other similar place of 

14 business in which the public or patrons assem15 ble for the primary purpose of being served food 

16 or drink; 

17 (B) includes an entity described in sub18 paragraph (A) that is located in an airport ter19 minal or that is a Tribally-owned concern; and 

20 (C) does not include— 

21 (i) an entity described in subpara22 graph (A) that— 

23 (I) is a State or local govern24 ment-operated business; 


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1 (II) as of March 13, 2020, owns 

2 or operates (together with any affili3 ated business) more than 20 locations, 

4 regardless of whether those locations 

5 do business under the same or mul6 tiple names; or 

7 (III) has a pending application 

8 for or has received a grant under sec9 tion 324 of the Economic Aid to 

10 Hard-Hit Small Businesses, Non11 profits, and Venues Act (title III of 

12 division N of Public Law 116–260); 

13 or 

14 (ii) a publicly-traded company. 

15 (5) EXCHANGE; ISSUER; SECURITY.—The terms 

16 ‘‘exchange’’, ‘‘issuer’’, and ‘‘security’’ have the 

17 meanings given those terms in section 3(a) of the 

18 Securities Exchange Act of 1934 (15 U.S.C. 78c(a)). 

19 (6) FUND.—The term ‘‘Fund’’ means the Res20 taurant Revitalization Fund established under sub21 section (b). 

22 (7) PANDEMIC-RELATED REVENUE LOSS.—The 

23 term ‘‘pandemic-related revenue loss’’ means, with 

24 respect to an eligible entity— 


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1 (A) except as provided in subparagraphs 

2 (B), (C), and (D), the gross receipts, as estab3 lished using such verification documentation as 

4 the Administrator may require, of the eligible 

5 entity during 2020 subtracted from the gross 

6 receipts of the eligible entity in 2019, if such 

7 sum is greater than zero; 

8 (B) if the eligible entity was not in oper9 ation for the entirety of 2019— 

10 (i) the difference between— 

11 (I) the product obtained by mul12 tiplying the average monthly gross re13 ceipts of the eligible entity in 2019 by 

14 12; and 

15 (II) the product obtained by mul16 tiplying the average monthly gross re17 ceipts of the eligible entity in 2020 by 

18 12; or 

19 (ii) an amount based on a formula de20 termined by the Administrator; 

21 (C) if the eligible entity opened during the 

22 period beginning on January 1, 2020, and end23 ing on the day before the date of enactment of 

24 this section— 


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1 (i) the expenses described in sub2 section (c)(5)(A) that were incurred by the 

3 eligible entity minus any gross receipts re4 ceived; or 

5 (ii) an amount based on a formula de6 termined by the Administrator; or 

7 (D) if the eligible entity has not yet opened 

8 as of the date of application for a grant under 

9 subsection (c), but has incurred expenses de10 scribed in subsection (c)(5)(A) as of the date of 

11 enactment of this section— 

12 (i) the amount of those expenses; or 

13 (ii) an amount based on a formula de14 termined by the Administrator. 

15 For purposes of this paragraph, the pandemic-re16 lated revenue losses for an eligible entity shall be re17 duced by any amounts received from a covered loan 

18 made under paragraph (36) or (37) of section 7(a) 

19 of the Small Business Act (15 U.S.C. 636(a)) in 

20 2020 or 2021. 

21 (8) PAYROLL COSTS.—The term ‘‘payroll costs’’ 

22 has the meaning given the term in section 

23 7(a)(36)(A) of the Small Business Act (15 U.S.C. 

24 636(a)(36)(A)), except that such term shall not in25 clude— 


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1 (A) qualified wages (as defined in sub2 section (c)(3) of section 2301 of the CARES 

3 Act) taken into account in determining the 

4 credit allowed under such section 2301; or 

5 (B) premiums taken into account in deter6 mining the credit allowed under section 6432 of 

7 the Internal Revenue Code of 1986. 

8 (9) PUBLICLY-TRADED COMPANY.—The term 

9 ‘‘publicly-traded company’’ means an entity that is 

10 majority owned or controlled by an entity that is an 

11 issuer, the securities of which are listed on a na12 tional securities exchange under section 6 of the Se13 curities Exchange Act of 1934 (15 U.S.C. 78f). 

14 (10) TRIBALLY-OWNED CONCERN.—The term 

15 ‘‘Tribally-owned concern’’ has the meaning given the 

16 term in section 124.3 of title 13, Code of Federal 

17 Regulations, or any successor regulation. 

18 (b) RESTAURANT REVITALIZATION FUND.— 

19 (1) IN GENERAL.—There is established in the 

20 Treasury of the United States a fund to be known 

21 as the Restaurant Revitalization Fund. 

22 (2) APPROPRIATIONS.— 

23 (A) IN GENERAL.—In addition to amounts 

24 otherwise available, there is appropriated to the 

25 Restaurant Revitalization Fund for fiscal year 


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1 2021, out of any money in the Treasury not 

2 otherwise appropriated, $25,000,000,000, to re3 main available until expended. 

4 (B) DISTRIBUTION.— 

5 (i) IN GENERAL.—Of the amounts 

6 made available under subparagraph (A)— 

7 (I) $5,000,000,000 shall be avail8 able to eligible entities with gross re9 ceipts during 2019 of not more than 

10 $500,000; and 

11 (II) $20,000,000,000 shall be 

12 available to the Administrator to 

13 award grants under subsection (c) in 

14 an equitable manner to eligible enti15 ties of different sizes based on annual 

16 gross receipts. 

17 (ii) ADJUSTMENTS.—The Adminis18 trator may make adjustments as necessary 

19 to the distribution of funds under clause 

20 (i)(II) based on demand and the relative 

21 local costs in the markets in which eligible 

22 entities operate. 

23 (C) GRANTS AFTER INITIAL PERIOD.— 

24 Notwithstanding subparagraph (B), on and 

25 after the date that is 60 days after the date of 


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1 enactment of this section, or another period of 

2 time determined by the Administrator, the Ad3 ministrator may make grants using amounts 

4 appropriated under subparagraph (A) to any el5 igible entity regardless of the annual gross re6 ceipts of the eligible entity. 

7 (3) USE OF FUNDS.—The Administrator shall 

8 use amounts in the Fund to make grants described 

9 in subsection (c). 

10 (c) RESTAURANT REVITALIZATION GRANTS.— 

11 (1) IN GENERAL.—Except as provided in sub12 section (b) and paragraph (3), the Administrator 

13 shall award grants to eligible entities in the order in 

14 which applications are received by the Adminis15 trator. 

16 (2) APPLICATION.— 

17 (A) CERTIFICATION.—An eligible entity 

18 applying for a grant under this subsection shall 

19 make a good faith certification that— 

20 (i) the uncertainty of current eco21 nomic conditions makes necessary the 

22 grant request to support the ongoing oper23 ations of the eligible entity; and 

24 (ii) the eligible entity has not applied 

25 for or received a grant under section 324 


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1 of the Economic Aid to Hard-Hit Small 

2 Businesses, Nonprofits, and Venues Act 

3 (title III of division N of Public Law 116– 

4 260). 

5 (B) PREVENTION OF WASTE, FRAUD, AND

6 ABUSE.—The Administrator may impose re7 quirements on applicants for the purpose of re8 ducing waste, fraud, and abuse. 

9 (C) BUSINESS IDENTIFIERS.—In accepting 

10 applications for grants under this subsection, 

11 the Administrator shall prioritize the ability of 

12 each applicant to use their existing business 

13 identifiers over requiring other forms of reg14 istration or identification that may not be com15 mon to their industry and imposing additional 

16 burdens on applicants. 

17 (3) PRIORITY IN AWARDING GRANTS.— 

18 (A) IN GENERAL.—During the initial 21- 

19 day period in which the Administrator awards 

20 grants under this subsection, the Administrator 

21 shall prioritize awarding grants to eligible enti22 ties that are small business concerns owned 

23 controlled by women (as defined in section 3(n) 

24 of the Small Business Act (15 U.S.C. 632(n))), 

25 small business concerns owned and controlled 


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1 by veterans (as defined in section 3(q) of such 

2 Act (15 U.S.C. 632(q))), or socially and eco3 nomically disadvantaged small business con4 cerns (as defined in section 8(a)(4)(A) of the 

5 Small Business Act (15 U.S.C. 637(a)(4)(A))). 

6 The Administrator may take such steps as nec7 essary to ensure that eligible entities described 

8 in this subparagraph have access to grant fund9 ing under this section after the end of such 21- 

10 day period. 

11 (B) CERTIFICATION.—For purposes of es12 tablishing priority under subparagraph (A), an 

13 applicant shall submit a self-certification of eli14 gibility for priority with the grant application. 

15 (4) GRANT AMOUNT.— 

16 (A) AGGREGATE MAXIMUM AMOUNT.—The 

17 aggregate amount of grants made to an eligible 

18 entity and any affiliated businesses of the eligi19 ble entity under this subsection— 

20 (i) shall not exceed $10,000,000; and 

21 (ii) shall be limited to $5,000,000 per 

22 physical location of the eligible entity. 

23 (B) DETERMINATION OF GRANT

24 AMOUNT.— 


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1 (i) IN GENERAL.—Except as provided 

2 in this paragraph, the amount of a grant 

3 made to an eligible entity under this sub4 section shall be equal to the pandemic-re5 lated revenue loss of the eligible entity. 

6 (ii) RETURN TO TREASURY.—Any 

7 amount of a grant made under this sub8 section to an eligible entity based on esti9 mated receipts that is greater than the ac10 tual gross receipts of the eligible entity in 

11 2020 shall be returned to the Treasury. 

12 (5) USE OF FUNDS.—During the covered pe13 riod, an eligible entity that receives a grant under 

14 this subsection may use the grant funds for the fol15 lowing expenses incurred as a direct result of, or 

16 during, the COVID–19 pandemic: 

17 (A) Payroll costs. 

18 (B) Payments of principal or interest on 

19 any mortgage obligation (which shall not in20 clude any prepayment of principal on a mort21 gage obligation). 

22 (C) Rent payments, including rent under a 

23 lease agreement (which shall not include any 

24 prepayment of rent). 

25 (D) Utilities. 


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1 (E) Maintenance expenses, including— 

2 (i) construction to accommodate out3 door seating; and 

4 (ii) walls, floors, deck surfaces, fur5 niture, fixtures, and equipment. 

6 (F) Supplies, including protective equip7 ment and cleaning materials. 

8 (G) Food and beverage expenses that are 

9 within the scope of the normal business practice 

10 of the eligible entity before the covered period. 

11 (H) Covered supplier costs, as defined in 

12 section 7A(a) of the Small Business Act (as re13 designated, transferred, and amended by sec14 tion 304(b) of the Economic Aid to Hard-Hit 

15 Small Businesses, Nonprofits, and Venues Act 

16 (Public Law 116–260)). 

17 (I) Operational expenses. 

18 (J) Paid sick leave. 

19 (K) Any other expenses that the Adminis20 trator determines to be essential to maintaining 

21 the eligible entity. 

22 (6) RETURNING FUNDS.—If an eligible entity 

23 that receives a grant under this subsection fails to 

24 use all grant funds or permanently ceases operations 

25 on or before the last day of the covered period, the 


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1 eligible entity shall return to the Treasury any funds 

2 that the eligible entity did not use for the allowable 

3 expenses under paragraph (5). 

4 (7) LIMITATION WITH RESPECT TO PRIVATE

5 FUNDS.— 

6 (A) DEFINITIONS.—In this paragraph: 

7 (i) AFFILIATE.— 

8 (I) IN GENERAL.—The term ‘‘af9 filiate’’ means, with respect to a per10 son, any other person directly or indi11 rectly controlling, controlled by, or 

12 under direct or indirect common con13 trol with the person. 

14 (II) CONTROL.—For purposes of 

15 subclause (I), the term ‘‘control’’ 

16 means the ability to make or block 

17 management decisions of an entity. 

18 (ii) EXECUTIVE.—The term ‘‘execu19 tive’’ means— 

20 (I) any individual who serves an 

21 executive or director of a person, in22 cluding the principal executive officer, 

23 principal financial officer, comptroller 

24 or principal accounting officer; and 


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1 (II) an executive officer, as de2 fined in section 230.405 of title 17, 

3 Code of Federal Regulations, or any 

4 successor regulation. 

5 (iii) PRIVATE FUND.—The term ‘‘pri6 vate fund’’ means an issuer that would be 

7 an investment company, as defined in the 

8 Investment Company Act of 1940 (15 

9 U.S.C. 80a–1 et seq.), but for paragraph 

10 (1) or (7) of section 3(c) of that Act (15 

11 U.S.C. 80a–3(c)). 

12 (B) ANTI-EVASION.—No company in which 

13 a private fund holds an ownership interest that 

14 has, directly or indirectly, received amounts 

15 under this subsection may pay any distribu16 tions, dividends, consulting fees, advisory fees, 

17 interest payments, or any other fees, expenses, 

18 or charges in excess of 10 percent of the net 

19 operating profits of the company operating 

20 profits for the calendar year ending December 

21 31, 2021 (and for each successive year until the 

22 covered period has ended), to— 

23 (i) a person registered as an invest24 ment adviser under the Investment AdvisVerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00337 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319

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1 ers Act of 1940 (15 U.S.C. 80b–1 et seq.) 

2 who advises a private fund; 

3 (ii) any affiliate of such adviser; 

4 (iii) any executive of such adviser or 

5 affiliate; or 

6 (iv) any employee, consultant, or other 

7 person with a contractual relationship to 

8 provide services for or on behalf of such 

9 adviser or affiliate. 

10 SEC. 6004. COMMUNITY NAVIGATOR PILOT PROGRAM. 

11 (a) DEFINITIONS.—In this section: 

12 (1) ADMINISTRATION.—The term ‘‘Administra13 tion’’ means the Small Business Administration. 

14 (2) ADMINISTRATOR.—The term ‘‘Adminis15 trator’’ means the Administrator of the Small Busi16 ness Administration. 

17 (3) COMMUNITY NAVIGATOR SERVICES.—The 

18 term ‘‘community navigator services’’ means the out19 reach, education, and technical assistance provided 

20 by community navigators that target eligible busi21 nesses to increase awareness of, and participation in, 

22 programs of the Small Business Administration. 

23 (4) COMMUNITY NAVIGATOR.—The term ‘‘com24 munity navigator’’ means a community organization, 

25 community financial institution as defined in section 


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1 7(a)(36)(A) of the Small Business Act (15 U.S.C. 

2 636(a)(36)(A)), or other private nonprofit organiza3 tion engaged in the delivery of community navigator 

4 services. 

5 (5) ELIGIBLE BUSINESS.—The term ‘‘eligible 

6 business’’ means any small business concern, with 

7 priority for small business concerns owned and con8 trolled by women (as defined in section 3(n) of the 

9 Small Business Act (15 U.S.C. 632(n))), small busi10 ness concerns owned and controlled by veterans (as 

11 defined in section 3(q) of such Act (15 U.S.C. 

12 632(q))), and socially and economically disadvan13 taged small business concerns (as defined in section 

14 8(a)(4)(A) of the Small Business Act (15 U.S.C. 

15 637(a)(4)(A))). 

16 (6) PRIVATE NONPROFIT ORGANIZATION.—The 

17 term ‘‘private nonprofit organization’’ means an en18 tity that is described in section 501(c) of the Inter19 nal Revenue Code of 1986 and exempt from tax 

20 under section 501(a) of such Code. 

21 (7) RESOURCE PARTNER.—The term ‘‘resource 

22 partner’’ means— 

23 (A) a small business development center 

24 (as defined in section 3 of the Small Business 

25 Act (15 U.S.C. 632)); 


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1 (B) a women’s business center (as de2 scribed in section 29 of the Small Business Act 

3 (15 U.S.C. 656)); and 

4 (C) a chapter of the Service Corps of Re5 tired Executives (as defined in section 

6 8(b)(1)(B) of the Act (15 U.S.C. 

7 637(b)(1)(B))). 

8 (8) SMALL BUSINESS CONCERN.—The term 

9 ‘‘small business concern’’ has the meaning given 

10 under section 3 of the Small Business Act (15 

11 U.S.C. 632). 

12 (9) STATE.—The term ‘‘State’’ means a State 

13 of the United States, the District of Columbia, the 

14 Commonwealth of Puerto Rico, the Virgin Islands, 

15 American Samoa, the Commonwealth of the North16 ern Mariana Islands, and Guam, or an agency, in17 strumentality, or fiscal agent thereof. 

18 (10) UNIT OF GENERAL LOCAL GOVERN19 MENT.—The term ‘‘unit of general local govern20 ment’’ means a county, city, town, village, or other 

21 general purpose political subdivision of a State. 

22 (b) COMMUNITY NAVIGATOR PILOT PROGRAM.— 

23 (1) IN GENERAL.—The Administrator of the 

24 Small Business Administration shall establish a 

25 Community Navigator pilot program to make grants 


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1 to, or enter into contracts or cooperative agreements 

2 with, private nonprofit organizations, resource part3 ners, States, Tribes, and units of local government 

4 to ensure the delivery of free community navigator 

5 services to current or prospective owners of eligible 

6 businesses in order to improve access to assistance 

7 programs and resources made available because of 

8 the COVID–19 pandemic by Federal, State, Tribal, 

9 and local entities. 

10 (2) APPROPRIATIONS.—In addition to amounts 

11 otherwise available, there is appropriated to the Ad12 ministrator for fiscal year 2021, out of any money 

13 in the Treasury not otherwise appropriated, 

14 $100,000,000, to remain available until expended, 

15 for carrying out this subsection. 

16 (c) OUTREACH AND EDUCATION.— 

17 (1) PROMOTION.—The Administrator shall de18 velop and implement a program to promote commu19 nity navigator services to current or prospective 

20 owners of eligible businesses. 

21 (2) CALL CENTER.—The Administrator shall 

22 establish a telephone hotline to offer information 

23 about Federal programs to assist eligible businesses 

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1 sons that the Administrator determines appropriate 

2 for current or prospective owners of eligible busi3 nesses. 

4 (3) OUTREACH.—The Administrator shall— 

5 (A) conduct outreach and education, in the 

6 10 most commonly spoken languages in the 

7 United States, to current or prospective owners 

8 of eligible businesses on community navigator 

9 services and other Federal programs to assist 

10 eligible businesses; 

11 (B) improve the website of the Administra12 tion to describe such community navigator serv13 ices and other Federal programs; and 

14 (C) implement an education campaign by 

15 advertising in media targeted to current or pro16 spective owners of eligible businesses. 

17 (4) APPROPRIATIONS.—In addition to amounts 

18 otherwise available, there is appropriated to the Ad19 ministrator for fiscal year 2021, out of any money 

20 in the Treasury not otherwise appropriated, 

21 $75,000,000, to remain available until expended, for 

22 carrying out this subsection. 

23 (d) SUNSET.—The authority of the Administrator to 

24 make grants under this section shall terminate on Decem25 ber 31, 2025. 


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1 SEC. 6005. SHUTTERED VENUE OPERATORS. 

2 In addition to amounts otherwise available, there is 

3 appropriated for fiscal year 2021, out of any money in 

4 the Treasury not otherwise appropriated, $1,250,000,000, 

5 to remain available until expended, to carry out section 

6 324 of the Economic Aid to Hard-Hit Small Businesses, 

7 Nonprofits, and Venues Act (title III of division N of Pub8 lic Law 116–260), of which $500,000 shall be used to pro9 vide technical assistance to help applicants access the Sys10 tem for Award Management (or any successor thereto) or 

11 to assist applicants with an alternative grant application 

12 system, which the Administrator of the Small Business 

13 Administration may develop for use for grant programs 

14 of the Small Business Administration. 

15 SEC. 6006. DIRECT APPROPRIATIONS. 

16 (a) IN GENERAL.—In addition to amounts otherwise 

17 available, there is appropriated to the Administrator for 

18 fiscal year 2021, out of any money in the Treasury not 

19 otherwise appropriated, to remain available until ex20 pended— 

21 (1) $840,000,000 for administrative expenses, 

22 including to prevent, prepare for, and respond to the 

23 COVID–19 pandemic, domestically or internation24 ally, including administrative expenses related to 

25 paragraphs (36) and (37) of section 7(a) of the 

26 Small Business Act, section 324 of the Economic 


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1 Aid to Hard-Hit Small Businesses, Nonprofits, and 

2 Venues Act (title III of division N of Public Law 

3 116–260), section 6002 of this title, and section 

4 6003 of this title; and 

5 (2) $460,000,000 to carry out the disaster loan 

6 program authorized by section 7(b) of the Small 

7 Business Act (15 U.S.C. 636(b)), of which 

8 $70,000,000 shall be for the cost of direct loans au9 thorized by such section and $390,000,000 shall be 

10 for administrative expenses to carry out such pro11 gram. 

12 (b) INSPECTOR GENERAL.—In addition to amounts 

13 otherwise available, there is appropriated to the Inspector 

14 General of the Small Business Administration for fiscal 

15 year 2021, out of any money in the Treasury not otherwise 

16 appropriated, $25,000,000, to remain available until ex17 pended, for necessary expenses of the Office of Inspector 

18 General in carrying out the provisions of the Inspector 

19 General Act of 1978. 


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1 TITLE VII—COMMITTEE ON 

2 TRANSPORTATION AND IN3 FRASTRUCTURE 

4 Subtitle A—Transportation and 

5 Infrastructure 

6 SEC. 7001. FEDERAL EMERGENCY MANAGEMENT AGENCY 

7 APPROPRIATION. 

8 In addition to amounts otherwise available, there is 

9 appropriated to the Federal Emergency Management 

10 Agency for fiscal year 2021, out of any money in the 

11 Treasury not otherwise appropriated, $50,000,000,000, to 

12 remain available until September 30, 2025, for major dis13 asters declared pursuant to the Robert T. Stafford Dis14 aster Relief and Emergency Assistance Act (42 U.S.C. 

15 5121 et sec.). 

16 SEC. 7002. FUNERAL ASSISTANCE. 

17 (a) IN GENERAL.—For the emergency declaration 

18 issued by the President on March 13, 2020, pursuant to 

19 section 501(b) of the Robert T. Stafford Disaster Relief 

20 and Emergency Assistance Act (42 U.S.C. 5191(b)), and 

21 for any subsequent major disaster declaration under sec22 tion 401 of such Act (42 U.S.C. 5170) that supersedes 

23 such emergency declaration, the President shall provide fi24 nancial assistance to an individual or household to meet 

25 disaster-related funeral expenses under section 408(e)(1) 


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1 of the Robert T. Stafford Disaster Relief and Emergency 

2 Assistance Act (42 U.S.C. 5174(e)(1)), for which the Fed3 eral cost share shall be 100 percent. 

4 (b) USE OF FUNDS.—Funds appropriated under sec5 tion 7001 may be used to carry out subsection (a) of this 

6 section. 

7 SEC. 7003. ECONOMIC ADJUSTMENT ASSISTANCE. 

8 (a) ECONOMIC DEVELOPMENT ADMINISTRATION AP9 PROPRIATION.—In addition to amounts otherwise avail10 able, there is appropriated for fiscal year 2021, out of any 

11 money in the Treasury not otherwise appropriated, 

12 $3,000,000,000, to remain available until September 30, 

13 2022, to the Department of Commerce for economic ad14 justment assistance as authorized by sections 209 and 703 

15 of the Public Works and Economic Development Act of 

16 1965 (42 U.S.C. 3149 and 3233) to prevent, prepare for, 

17 and respond to coronavirus and for necessary expenses for 

18 responding to economic injury as a result of coronavirus. 

19 (b) Of the funds provided by this section, up to 2 

20 percent shall be used for Federal costs to administer such 

21 assistance utilizing temporary Federal personnel as may 

22 be necessary consistent with the requirements applicable 

23 to such administrative funding in fiscal year 2020 to pre24 vent, prepare for, and respond to coronavirus and which 

25 shall remain available until September 30, 2027. 


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1 (c) Of the funds provided by this section, 15 percent 

2 shall be for assistance to communities that have suffered 

3 economic injury as a result of job losses in the travel, tour4 ism, or outdoor recreation sectors. 

5 (d) The total amount provided by this section shall 

6 be allocated to eligible recipients in the States and Terri7 tories according to the total level of economic injury of 

8 such States and Territories as a result of coronavirus be9 ginning on March 1, 2020, as measured by the change 

10 in economic activity, demonstrated by current Federal eco11 nomic data sources such as unemployment claims and 

12 gross domestic product, before and after such date. 

13 SEC. 7004. GREAT LAKES ST. LAWRENCE SEAWAY DEVELOP14 MENT CORPORATION OPERATIONS AND 

15 MAINTENANCE. 

16 In addition to amounts otherwise available, there is 

17 appropriated for fiscal year 2021, out of amounts not oth18 erwise appropriated from the Harbor Maintenance Trust 

19 Fund pursuant to section 210 of the Water Resources De20 velopment Act of 1986 (33 U.S.C. 2238), $1,500,000, to 

21 remain available until expended, to prevent, prepare for, 

22 and respond to coronavirus by conducting the operations, 

23 maintenance, and capital infrastructure activities of the 

24 Seaway International Bridge. 


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1 SEC. 7005. GRANTS TO THE NATIONAL RAILROAD PAS2 SENGER CORPORATION. 

3 (a) NORTHEAST CORRIDOR APPROPRIATION.—In ad4 dition to amounts otherwise available, there is appro5 priated for fiscal year 2021, out of any money in the 

6 Treasury not otherwise appropriated, $820,388,160, to re7 main available until September 30, 2024, for grants as 

8 authorized under section 11101(a) of the FAST Act (Pub9 lic Law 114–94) to prevent, prepare for, and respond to 

10 coronavirus. 

11 (b) NATIONAL NETWORK APPROPRIATION.—In addi12 tion to amounts otherwise available, there is appropriated 

13 for fiscal year 2021, out of any money in the Treasury 

14 not otherwise appropriated, $679,611,840, to remain 

15 available until September 30, 2024, for grants as author16 ized under section 11101(b) of the FAST Act (Public Law 

17 114–94) to prevent, prepare for, and respond to 

18 coronavirus. 

19 (c) LONG-DISTANCE SERVICE RESTORATION AND

20 EMPLOYEE RECALLS.—Not less than $165,926,000 of the 

21 aggregate amounts made available under subsections (a) 

22 and (b) shall be for use by the National Railroad Pas23 senger Corporation to— 

24 (1) restore, not later than 90 days after the 

25 date of enactment of this Act, the frequency of rail 

26 service on long-distance routes (as defined in section 


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1 24102 of title 49, United States Code) that the Na2 tional Railroad Passenger Corporation reduced the 

3 frequency of on or after July 1, 2020, and continue 

4 to operate such service at such frequency; and 

5 (2) recall and manage employees furloughed on 

6 or after October 1, 2020, as a result of efforts to 

7 prevent, prepare for, and respond to coronavirus. 

8 (d) USE OF FUNDS IN LIEU OF CAPITAL PAY9 MENTS.—Not less than $109,805,000 of the aggregate 

10 amounts made available under subsections (a) and (b)— 

11 (1) shall be for use by the National Railroad 

12 Passenger Corporation in lieu of capital payments 

13 from States and commuter rail passenger transpor14 tation providers that are subject to the cost alloca15 tion policy under section 24905(c) of title 49, United 

16 States Code; and 

17 (2) notwithstanding sections 24319(g) and 

18 24905(c)(1)(A)(i) of title 49, United States Code, 

19 such amounts do not constitute cross-subsidization 

20 of commuter rail passenger transportation. 

21 (e) USE OF FUNDS FOR STATE PAYMENTS FOR

22 STATE-SUPPORTED ROUTES.— 

23 (1) IN GENERAL.—Of the amounts made avail24 able under subsection (b), $174,850,000 shall be for 

25 use by the National Railroad Passenger Corporation 


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1 to offset amounts required to be paid by States for 

2 covered State-supported routes. 

3 (2) FUNDING SHARE.—The share of funding 

4 provided under paragraph (1) with respect to a cov5 ered State-supported route shall be distributed as 

6 follows: 

7 (A) Each covered State-supported route 

8 shall receive 7 percent of the costs allocated to 

9 the route in fiscal year 2019 under the cost al10 location methodology adopted pursuant to sec11 tion 209 of the Passenger Rail Investment and 

12 Improvement Act of 2008 (Public Law 110– 

13 432). 

14 (B) Any remaining amounts after the dis15 tribution described in subparagraph (A) shall be 

16 apportioned to each covered State-supported 

17 route in proportion to the passenger revenue of 

18 such route and other revenue allocated to such 

19 route in fiscal year 2019 divided by the total 

20 passenger revenue and other revenue allocated 

21 to all covered State-supported routes in fiscal 

22 year 2019. 

23 (3) COVERED STATE-SUPPORTED ROUTE DE24 FINED.—In this subsection, the term ‘‘covered 

25 State-supported route’’ means a State-supported 


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1 route, as such term is defined in section 24102 of 

2 title 49, United States Code, but does not include a 

3 State-supported route for which service was termi4 nated on or before February 1, 2020. 

5 (f) USE OF FUNDS FOR DEBT REPAYMENT OR PRE6 PAYMENT.—Not more than $100,885,000 of the aggre7 gate amounts made available under subsections (a) and 

8 (b) shall be— 

9 (1) for the repayment or prepayment of debt in10 curred by the National Railroad Passenger Corpora11 tion under financing arrangements entered into prior 

12 to the date of enactment of this Act; and 

13 (2) to pay required reserves, costs, and fees re14 lated to such debt, including for loans from the De15 partment of Transportation and loans that would 

16 otherwise have been paid from National Railroad 

17 Passenger Corporation revenues. 

18 (g) PROJECT MANAGEMENT OVERSIGHT.—Not more 

19 than $2,000,000 of the aggregate amounts made available 

20 under subsections (a) and (b) shall be for activities author21 ized under section 11101(c) of the FAST Act (Public Law 

22 114–94). 

23 SEC. 7006. FEDERAL TRANSIT ADMINISTRATION GRANTS. 

24 (a) FEDERAL TRANSIT ADMINISTRATION APPRO25 PRIATION.— 


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1 (1) IN GENERAL.—In addition to amounts oth2 erwise made available, there are appropriated for fis3 cal year 2021, out of any funds in the Treasury not 

4 otherwise appropriated, $30,000,000,000, to remain 

5 available until September 30, 2024, that shall— 

6 (A) be for grants under chapter 53 of title 

7 49, United States Code, to eligible recipients to 

8 prevent, prepare for, and respond to 

9 coronavirus; and 

10 (B) not be subject to any prior restriction 

11 on the total amount of funds available for im12 plementation or execution of programs author13 ized under sections 5307, 5310, or 5311 of 

14 such title. 

15 (2) AVAILABILITY OF FUNDS FOR OPERATING

16 EXPENSES.— 

17 (A) IN GENERAL.—Notwithstanding sub18 section (a)(1) or (b) of section 5307 of title 49, 

19 United States Code, section 5310(b)(2)(A), or 

20 any other provision of chapter 53 of such title, 

21 funds provided under this section, other than 

22 subsection (b)(4), shall be available for the op23 erating expenses of transit agencies to prevent, 

24 prepare for, and respond to the coronavirus 


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1 public health emergency, including, beginning 

2 on January 20, 2020— 

3 (i) reimbursement for payroll of public 

4 transportation (including payroll and ex5 penses of private providers of public trans6 portation); 

7 (ii) operating costs to maintain service 

8 due to lost revenue due as a result of the 

9 coronavirus public health emergency, in10 cluding the purchase of personal protective 

11 equipment; and 

12 (iii) paying the administrative leave of 

13 operations or contractor personnel due to 

14 reductions in service. 

15 (B) USE OF FUNDS.—Funds described in 

16 subparagraph (A) shall be— 

17 (i) available for immediate obligation, 

18 notwithstanding the requirement for such 

19 expenses to be included in a transportation 

20 improvement program, long-range trans21 portation plan, statewide transportation 

22 plan, or statewide transportation improve23 ment program under sections 5303 and 

24 5304 of title 49, United States Code; 


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1 (ii) directed to payroll and operations 

2 of public transportation (including payroll 

3 and expenses of private providers of public 

4 transportation), unless the recipient cer5 tifies to the Secretary that the recipient 

6 has not furloughed any employees; 

7 (iii) subject to the requirements of 

8 section 5333 of such title, notwithstanding 

9 any waiver authority under section 5324 of 

10 such title; and 

11 (iv) used to provide a Federal share of 

12 the costs for any grant made under this 

13 section of 100 percent, notwithstanding 

14 any provision of chapter 53 of such title. 

15 (b) ALLOCATION OF FUNDS.— 

16 (1) URBANIZED AREA FORMULA GRANTS.— 

17 (A) IN GENERAL.—Of the amounts made 

18 available under subsection (a), $26,086,580,227 

19 shall be for grants to recipients and subrecipi20 ents under section 5307 of title 49, United 

21 States Code, and shall be administered as if 

22 such funds were provided under section 5307 of 

23 such title. 

24 (B) ALLOCATION.—Amounts made avail25 able under subparagraph (A) shall be apporVerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00354 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319

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1 tioned to urbanized areas based on data con2 tained in the National Transit Database such 

3 that— 

4 (i) each urbanized area shall receive 

5 an apportionment of an amount that, when 

6 combined with amounts that were other7 wise made available to such urbanized area 

8 for similar activities to prevent, prepare 

9 for, and respond to coronavirus, is equal to 

10 132 percent of the urbanized area’s 2018 

11 operating costs; and 

12 (ii) for funds remaining after the ap13 portionment described in clause (i), such 

14 funds shall be apportioned such that— 

15 (I) each urbanized area that did 

16 not receive an apportionment under 

17 clause (i) shall receive an apportion18 ment equal to 25 percent of the ur19 banized area’s 2018 operating costs; 

20 and 

21 (II) each urbanized area under 

22 clause (i), when the amounts that 

23 were otherwise made available, prior 

24 to clause (i) to that urbanized area 

25 for similar activities to prevent, preVerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00355 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319

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1 pare for, and respond to coronavirus 

2 are equal to or greater than 130 per3 cent of the urbanized area’s 2018 op4 erating costs but do not exceed 132 

5 percent of such costs, such urbanized 

6 area shall receive an apportionment 

7 equal to 10 percent of the urbanized 

8 area’s 2018 operating costs, in addi9 tion to amounts apportioned to the 

10 urbanized area under clause (i). 

11 (2) FORMULA GRANTS FOR THE ENHANCED

12 MOBILITY OF SENIORS AND INDIVIDUALS WITH DIS13 ABILITIES.— 

14 (A) IN GENERAL.—Of the amounts made 

15 available under subsection (a), $50,000,000 

16 shall be for grants to recipients or subrecipients 

17 eligible under section 5310 of title 49, United 

18 States Code, and shall be apportioned in ac19 cordance with such section. 

20 (B) ALLOCATION RATIO.—Amounts made 

21 available under subparagraph (A) shall be allo22 cated in the same ratio as funds were provided 

23 under section 5310 of title 49, United States 

24 Code, for fiscal year 2020. 

25 (3) FORMULA GRANTS FOR RURAL AREAS.— 


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1 (A) IN GENERAL.—Of the amounts made 

2 available under subsection (a), $280,858,479 

3 shall be for grants to recipients or subrecipients 

4 eligible under section 5311 of title 49, United 

5 States Code, other than subsections (b)(3) and 

6 (c)(1)(B) of such section and shall be adminis7 tered as if the funds were provided under sec8 tion 5311 of such title. 

9 (B) ALLOCATION RATIO.—Amounts made 

10 available under subparagraph (A) shall be allo11 cated to States, as defined in section 5302 of 

12 title 49, United States Code, based on data con13 tained in the National Transit Database, such 

14 that— 

15 (i) any State that received an amount 

16 for similar activities to prevent, prepare 

17 for, and respond to coronavirus that is 

18 equal to or greater than 150 percent of the 

19 combined 2018 rural operating costs of the 

20 recipients and subrecipients in such State 

21 shall receive an amount equal to 5 percent 

22 of such State’s 2018 rural operating costs; 

23 (ii) any State that does not receive an 

24 allocation under clause (i) that received an 

25 amount for similar activities to prevent, 


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1 prepare for, and respond to coronavirus 

2 that is equal to or greater than 140 per3 cent of the combined 2018 rural operating 

4 costs of the recipients and subrecipients in 

5 that State shall receive an amount equal to 

6 10 percent of such State’s 2018 rural op7 erating costs; and 

8 (iii) any State that does not receive an 

9 allocation under clauses (i) or (ii) shall re10 ceive an amount equal to 20 percent of 

11 such State’s 2018 rural operating costs. 

12 (4) CAPITAL INVESTMENTS.— 

13 (A) IN GENERAL.—Of the amounts made 

14 available under subsection (a)— 

15 (i) $1,000,000,000 shall be for grants 

16 administered under subsections (d) and (e) 

17 of section 5309 of title 49, United States 

18 Code, and section 3005(b) of the FAST 

19 Act (Public Law 114–94); and 

20 (ii) $250,000,000 shall be for grants 

21 administered under subsection (h) of sec22 tion 5309 of title 49, United States Code. 

23 (B) FUNDING DISTRIBUTION.— 

24 (i) Amounts made available in sub25 paragraph (A)(i) shall be proportionally 


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1 provided to each recipient to all projects 

2 with existing full funding grant agreements 

3 and all projects under section 3005(b) of 

4 Public Law 114–94 that received alloca5 tions for fiscal year 2019 or 2020, except 

6 that recipients with projects open for rev7 enue service are not eligible to receive a 

8 grant under this paragraph. 

9 (ii) For amounts made available in 

10 subparagraph (A)(ii), eligible recipients 

11 shall be any recipient of an allocation 

12 under subsection (h) of section 5309 of 

13 title 49, United States Code, or an appli14 cant in the project development phase de15 scribed in paragraph (2) of such sub16 section. 

17 (iii) Amounts distributed under 

18 clauses (i) and (ii) of subparagraph (A) 

19 shall be provided notwithstanding the limi20 tation of any calculation of the maximum 

21 amount of Federal financial assistance for 

22 the project under subsection (k)(2)(C)(ii) 

23 or (h)(7) of section 5309 of title 49, 

24 United States Code, or section 3005(b)(9) 

25 of the FAST Act (Public Law 114–94). 


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1 (5) SECTION 5311(F) SERVICES.— 

2 (A) IN GENERAL.—Of the amounts made 

3 available under subsection (a) and in addition 

4 to the amounts made available under paragraph 

5 (3), $100,000,000 shall be available for grants 

6 to recipients for bus operators that partner with 

7 recipients or subrecipients of funds under sec8 tion 5311(f) of title 49, United States Code. 

9 (B) ALLOCATION RATIO.—Notwithstanding 

10 paragraph (3), the Secretary shall allocate 

11 amounts under subparagraph (A) in the same 

12 ratio as funds were provided under section 

13 5311 of title 49, United States Code, for fiscal 

14 year 2020. 

15 (C) EXCEPTION.—If a State or territory 

16 does not have bus providers eligible under sec17 tion 5311(f) of title 49, United States Code, 

18 funds under this paragraph may be used by 

19 such State or territory for any expense eligible 

20 under section 5311 of title 49, United States 

21 Code. 

22 (6) PLANNING.— 

23 (A) IN GENERAL.—Of the amounts made 

24 available under subsection (a), $25,000,000 

25 shall be for grants to recipients eligible under 


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1 section 5307 of title 49, United States Code, 

2 for the planning of public transportation associ3 ated with the restoration of services as the 

4 coronavirus public health emergency concludes 

5 and shall be available in accordance with such 

6 section. 

7 (B) AVAILABILITY OF FUNDS FOR ROUTE

8 PLANNING.—Amounts made available under 

9 subparagraph (A) shall be available for route 

10 planning designed to— 

11 (i) increase ridership and reduce trav12 el times, while maintaining or expanding 

13 the total level of vehicle revenue miles of 

14 service provided in the planning period; or 

15 (ii) make service adjustments to in16 crease the quality or frequency of service 

17 provided to low-income riders and dis18 advantaged neighborhoods or communities. 

19 (C) LIMITATION.—Amounts made available 

20 under subparagraph (A) shall not be used for 

21 route planning related to transitioning public 

22 transportation service provided as of the date of 

23 receipt of funds to a transportation network 

24 company or other third-party contract provider, 


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1 unless the existing provider of public transpor2 tation service is a third-party contract provider. 

3 (7) RECIPIENTS AND SUBRECIPIENTS REQUIR4 ING ADDITIONAL ASSISTANCE.— 

5 (A) IN GENERAL.—Of the amounts made 

6 available under subsection (a), $2,207,561,294 

7 shall be for grants to eligible recipients or sub8 recipients of funds under chapter 53 of title 49, 

9 United States Code, that, as a result of 

10 COVID–19, require additional assistance to 

11 maintain operations. 

12 (B) ADMINISTRATION.—Funds made avail13 able under subparagraph (A) shall, after alloca14 tion, be administered as if provided under sub15 sections (b)(1) or (b)(3), as applicable. 

16 (C) APPLICATION REQUIREMENTS.— 

17 (i) IN GENERAL.—The Secretary may 

18 not allocate funds to an eligible recipient 

19 or subrecipient of funds under chapter 53 

20 of title 49, United States Code, unless the 

21 recipient provides to the Secretary— 

22 (I) estimates of financial need; 

23 (II) data on reductions in farebox 

24 or other sources of local revenue for 

25 sustained operations; and 


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1 (III) a spending plan for such 

2 funds. 

3 (ii) EVALUATION.— 

4 (I) IN GENERAL.—Applications 

5 for assistance under this paragraph 

6 shall be evaluated by the Secretary 

7 based on the level of financial need 

8 demonstrated by an eligible recipient 

9 or subrecipient, including projections 

10 of future financial need to maintain 

11 service as a percentage of the 2018 

12 operating costs that has not been re13 placed by the funds made available to 

14 the eligible recipient or subrecipient 

15 under paragraphs (1) through (5) of 

16 this subsection when combined with 

17 the amounts allocated to such eligible 

18 recipient or subrecipient from funds 

19 previously made available for the op20 erating expenses of transit agencies 

21 related to the response to the 

22 COVID–19 public health emergency. 

23 (II) RESTRICTION.—Amounts 

24 made available under this paragraph 


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1 shall only be available for operating 

2 expenses. 

3 (iv) STATE APPLICANTS.—A State 

4 may apply for assistance under this para5 graph on behalf of an eligible recipient or 

6 subrecipient, or a group of eligible recipi7 ents or subrecipients. 

8 (D) UNOBLIGATED FUNDS.—If amounts 

9 made available under this paragraph remain 

10 unobligated on September 30, 2023, such 

11 amounts shall be available for any purpose eligi12 ble under section 5324 of title 49, United 

13 States Code. 

14 SEC. 7007. RELIEF FOR AIRPORTS. 

15 (a) IN GENERAL.— 

16 (1) IN GENERAL.—In addition to amounts oth17 erwise available, there is appropriated for fiscal year 

18 2021, out of any funds in the Treasury not other19 wise appropriated, $8,000,000,000, to remain avail20 able until September 30, 2024, for assistance to air21 ports under sections 47101 through 47144 of title 

22 49, United States Code, to be made available to pre23 vent, prepare for, and respond to coronavirus. 

24 (2) REQUIREMENTS AND LIMITATIONS.— 

25 Amounts made available under this section— 


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1 (A) shall not be subject to the require2 ments of chapter 471 of title 49, United States 

3 Code, except the requirements of chapter 471 

4 (other than eligibility requirements) shall apply 

5 to any contract awarded after the date of enact6 ment of this Act for airport development; 

7 (B) may not be used for any purpose not 

8 directly related to the airport; and 

9 (C) may not be provided to any airport 

10 that was allocated in excess of 4 years of oper11 ating funds to prevent, prepare for, and re12 spond to coronavirus in fiscal year 2020. 

13 (b) ALLOCATIONS.—The following terms shall apply 

14 to the amounts made available under this section: 

15 (1) OPERATING EXPENSES AND DEBT SERVICE

16 PAYMENTS.— 

17 (A) IN GENERAL.—Not more than 

18 $6,492,000,000 shall be made available for pri19 mary airports, as such term is defined in sec20 tion 47102 of title 49, United States Code, and 

21 certain cargo airports, for costs related to oper22 ations, personnel, cleaning, sanitization, jani23 torial services, combating the spread of patho24 gens at the airport, and debt service payments. 


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1 (B) DISTRIBUTION.— Amounts made 

2 available under this paragraph— 

3 (i) shall not be subject to the reduced 

4 apportionments under section 47114(f) of 

5 title 49, United States Code; 

6 (ii) shall first be apportioned as set 

7 forth in sections 47114(c)(1)(A), 

8 47114(c)(1)(C)(i), 47114(c)(1)(C)(ii), 

9 47114(c)(2)(A), 47114(c)(2)(B), and 

10 47114(c)(2)(E) of title 49, United States 

11 Code; and 

12 (iii) shall not be subject to a max13 imum apportionment limit set forth in sec14 tion 47114(c)(1)(B) of title 49, United 

15 States Code. 

16 (C) REMAINING AMOUNTS.—Any amount 

17 remaining after distribution under subpara18 graph (B) shall be distributed to the sponsor of 

19 each primary airport (as such term is defined 

20 in section 47102 of title 49, United States 

21 Code) based on each such primary airport’s 

22 passenger enplanements compared to the total 

23 passenger enplanements of all such primary air24 ports in calendar year 2019. 


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1 (2) FEDERAL SHARE FOR DEVELOPMENT

2 PROJECTS.— 

3 (A) IN GENERAL.—Not more than 

4 $608,000,000 allocated under subsection (a)(1) 

5 shall be available to pay a Federal share of 100 

6 percent of the costs for any grant awarded in 

7 fiscal year 2021, or in fiscal year 2020 with less 

8 than a 100-percent Federal share, for an air9 port development project (as such term is de10 fined in section 47102 of title 49). 

11 (B) REMAINING AMOUNTS.—Any amount 

12 remaining under this paragraph shall be distrib13 uted as described in paragraph (1)(C). 

14 (3) NONPRIMARY AIRPORTS.— 

15 (A) IN GENERAL.—Not more than 

16 $100,000,000 shall be made available for gen17 eral aviation and commercial service airports 

18 that are not primary airports (as such terms 

19 are defined in section 47102 of title 49, United 

20 States Code) for costs related to operations, 

21 personnel, cleaning, sanitization, janitorial serv22 ices, combating the spread of pathogens at the 

23 airport, and debt service payments. 

24 (B) DISTRIBUTION.—Amounts made avail25 able under this paragraph shall be apportioned 


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1 to each non-primary airport based on the cat2 egories published in the most current National 

3 Plan of Integrated Airport Systems, reflecting 

4 the percentage of the aggregate published eligi5 ble development costs for each such category, 

6 and then dividing the allocated funds evenly 

7 among the eligible airports in each category, 

8 rounding up to the nearest thousand dollars. 

9 (C) REMAINING AMOUNTS.—Any amount 

10 remaining under this paragraph shall be distrib11 uted as described in paragraph (1)(C). 

12 (4) AIRPORT CONCESSIONS.— 

13 (A) IN GENERAL.—Not more than 

14 $800,000,000 shall be made available for spon15 sors of primary airports to provide relief from 

16 rent and minimum annual guarantees to airport 

17 concessions, of which at least $640,000,000 

18 shall be available to provide relief to eligible 

19 small airport concessions and of which at least 

20 $160,000,000 shall be available to provide relief 

21 to eligible large airport concessions located at 

22 primary airports. 

23 (B) DISTRIBUTION.—The amounts made 

24 available for each set-aside in this paragraph 

25 shall be distributed to the sponsor of each priVerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00368 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319

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1 mary airport (as such term is defined in section 

2 47102 of title 49, United States Code) based on 

3 each such primary airport’s passenger 

4 enplanements compared to the total passenger 

5 enplanements of all such primary airports in 

6 calendar year 2019. 

7 (C) CONDITIONS.—As a condition of ap8 proving a grant under this paragraph— 

9 (i) the sponsor shall provide such re10 lief from the date of enactment of this Act 

11 until the sponsor has provided relief equal12 ing the total grant amount, to the extent 

13 practicable and to the extent permissible 

14 under State laws, local laws, and applicable 

15 trust indentures; and 

16 (ii) for each set-aside, the sponsor 

17 shall provide relief from rent and minimum 

18 annual guarantee obligations to each eligi19 ble airport concession in an amount that 

20 reflects each eligible airport concession’s 

21 proportional share of the total amount of 

22 the rent and minimum annual guarantees 

23 of those eligible airport concessions at such 

24 airport. 

25 (c) ADMINISTRATION.— 


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1 (1) ADMINISTRATIVE EXPENSES.—The Admin2 istrator of the Federal Aviation Administration may 

3 retain up to 0.1 percent of the funds provided under 

4 this section to fund the award of, and oversight by 

5 the Administrator of, grants made under this sec6 tion. 

7 (2) WORKFORCE RETENTION REQUIRE8 MENTS.— 

9 (A) REQUIRED RETENTION.—All airports 

10 receiving funds under this section shall continue 

11 to employ, through September 30, 2021, at 

12 least 90 percent of the number of individuals 

13 employed (after making adjustments for retire14 ments or voluntary employee separations) by 

15 the airport as of March 27, 2020. 

16 (B) WAIVER OF RETENTION REQUIRE17 MENT.—The Secretary shall waive the work18 force retention requirement if the Secretary de19 termines that— 

20 (i) the airport is experiencing eco21 nomic hardship as a direct result of the re22 quirement; or 

23 (ii) the requirement reduces aviation 

24 safety or security. 


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1 (C) EXCEPTION.—The workforce retention 

2 requirement shall not apply to nonhub airports 

3 or nonprimary airports receiving funds under 

4 this section. 

5 (d) DEFINITIONS.—In this section: 

6 (1) ELIGIBLE LARGE AIRPORT CONCESSION.— 

7 The term ‘‘eligible large airport concession’’ means 

8 a concession (as defined in section 23.3 of title 49, 

9 Code of Federal Regulations), that is in-terminal 

10 and has maximum gross receipts, averaged over the 

11 previous three fiscal years, of more than 

12 $56,420,000. 

13 (2) ELIGIBLE SMALL AIRPORT CONCESSION.— 

14 The term ‘‘eligible small airport concession’’ means 

15 a concession (as defined in section 23.3 of title 49, 

16 Code of Federal Regulations), that is in-terminal 

17 and— 

18 (A) a small business with maximum gross 

19 receipts, averaged over the previous 3 fiscal 

20 years, of less than $56,420,000; or 

21 (B) is a joint venture (as defined in section 

22 23.3 of title 49, Code of Federal Regulations). 


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1 Subtitle B—Aviation 

2 Manufacturing Jobs Protection 

3 SEC. 7101. DEFINITIONS. 

4 In this subtitle: 

5 (1) ELIGIBLE EMPLOYEE GROUP.—The term 

6 ‘‘eligible employee group’’ means the portion of an 

7 employer’s United States workforce that— 

8 (A) does not exceed 25 percent of the em9 ployer’s total United States workforce as of 

10 April 1, 2020; and 

11 (B) contains only employees with a total 

12 compensation level of $200,000 or less per year; 

13 and 

14 (C) is engaged in aviation manufacturing 

15 activities and services, or maintenance, repair, 

16 and overhaul activities and services. 

17 (2) AVIATION MANUFACTURING COMPANY.— 

18 The term ‘‘aviation manufacturing company’’ means 

19 a corporation, firm, or other business entity— 

20 (A) that— 

21 (i) actively manufactures an aircraft, 

22 aircraft engine, propeller, or a component, 

23 part, or systems of an aircraft or aircraft 

24 engine under a Federal Aviation Adminis25 tration production approval; or 


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1 (ii) holds a certificate issued under 

2 part 145 of title 14, Code of Federal Regu3 lations, for maintenance, repair, and over4 haul of aircraft, aircraft engines, compo5 nents, or propellers. 

6 (B) which, as supported by demonstrable 

7 evidence— 

8 (i) is established, created, or orga9 nized in the United States or under the 

10 laws of the United States; and 

11 (ii) has significant operations in, and 

12 a majority of its employees engaged in 

13 aviation manufacturing activities and serv14 ices, or maintenance, repair, and overhaul 

15 activities and services based in the United 

16 States; 

17 (C) which, as supported by demonstrable 

18 evidence, has involuntarily furloughed or laid 

19 off at least 10 percent of its workforce in 2020 

20 as compared to 2019 or has experienced at 

21 least a 15 percent decline in 2020 revenues as 

22 compared to 2019; 

23 (D) that, as supported by sworn financial 

24 statements or other appropriate data, has iden25 tified the eligible employee group and the 


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1 amount of total compensation level for the eligi2 ble employee group; 

3 (E) that agrees to provide private con4 tributions and maintain the total compensation 

5 level for the eligible employee group for the du6 ration of an agreement under this subtitle; 

7 (F) that agrees to provide immediate no8 tice and justification to the Secretary of invol9 untary furloughs or layoffs exceeding 10 per10 cent of the workforce that is not included in an 

11 eligible employee group for the duration of an 

12 agreement and receipt of public contributions 

13 under this subtitle; 

14 (G) that has not conducted involuntary 

15 furloughs or reduced pay rates or benefits for 

16 the eligible employee group, subject to the em17 ployer’s right to discipline or terminate an em18 ployee in accordance with employer policy, be19 tween the date of application and the date on 

20 which such a corporation, firm, or other busi21 ness entity enters into an agreement with the 

22 Secretary under this subtitle; and 

23 (H) that— 

24 (i) in the case of a corporation, firm, 

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1 ent company or subsidiary of such a cor2 poration, firm, or other business entity, 

3 that holds any type or production certifi4 cate or similar authorization issued under 

5 section 44704 of title 49, United States 

6 Code, with respect to a transport-category 

7 airplane covered under part 25 of title 14, 

8 Code of Federal Regulations, certificated 

9 with a passenger seating capacity of 50 or 

10 more, agrees to refrain from conducting in11 voluntary layoffs or furloughs, or reducing 

12 pay rates and benefits, for the eligible em13 ployee group, subject to the employer’s 

14 right to discipline or terminate an em15 ployee in accordance with employer policy 

16 from the date of agreement until Sep17 tember 30, 2021, or the duration of the 

18 agreement and receipt of public contribu19 tions under this subtitle, whichever period 

20 ends later; or 

21 (ii) in the case of corporation, firm, or 

22 other business entity not specified under 

23 subparagraph (i), agrees to refrain from 

24 conducting involuntary layoffs or fur25 loughs, or reducing pay rates and benefits, 


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1 for the eligible employee group, subject to 

2 the employer’s right to discipline or termi3 nate an employee in accordance with em4 ployer policy for the duration of the agree5 ment and receipt of public contributions 

6 under this subtitle. 

7 (3) COVID–19 PUBLIC HEALTH EMERGENCY.— 

8 The term ‘‘COVID–19 public health emergency’’ 

9 means the public health emergency first declared on 

10 January 31, 2020, by the Secretary of Health and 

11 Human Services under section 319 of the Public 

12 Health Service Act (42 U.S.C. 247d) with respect to 

13 the 2019 Novel Coronavirus (COVID–19) and in14 cludes any renewal of such declaration pursuant to 

15 such section 319. 

16 (4) EMPLOYEE.—The term ‘‘employee’’ has the 

17 meaning given that term in section 3 of the Fair 

18 Labor Standards Act of 1938 (29 U.S.C. 203). 

19 (5) EMPLOYER.—The term ‘‘employer’’ means 

20 an aviation manufacturing company that is an em21 ployer (as defined in section 3 of the Fair Labor 

22 Standards Act of 1938 (29 U.S.C. 203)). 

23 (6) PRIVATE CONTRIBUTION.—The term ‘‘pri24 vate contribution’’ means the contribution funded by 

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1 cent of the eligible employee group’s total compensa2 tion level, and combined with the public contribu3 tion, is sufficient to maintain the total compensation 

4 level for the eligible employee group as of April 1, 

5 2020. 

6 (7) PUBLIC CONTRIBUTION.—The term ‘‘public 

7 contribution’’ means the contribution funded by the 

8 Federal Government under this title to provide 50 

9 percent of the eligible employees group’s total com10 pensation level, and combined with the private con11 tribution, is sufficient to maintain the total com12 pensation level for those in the eligible employee 

13 group as of April 1, 2020. 

14 (8) SECRETARY.—The term ‘‘Secretary’’ means 

15 the Secretary of Transportation. 

16 (9) TOTAL COMPENSATION LEVEL.—The term 

17 ‘‘total compensation level’’ means the level of total 

18 base compensation and benefits being provided to an 

19 eligible employee group employee, excluding overtime 

20 and premium pay, and excluding any Federal, State, 

21 or local payroll taxes paid, as of April 1, 2020. 

22 SEC. 7102. PAYROLL SUPPORT PROGRAM. 

23 (a) IN GENERAL.—The Secretary shall establish a 

24 payroll support program and enter into agreements with 

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1 section (b) and are not ineligible under subsection (c), to 

2 provide public contributions to supplement compensation 

3 of an eligible employee group. There is appropriated for 

4 fiscal year 2021, out of amounts in the Treasury not oth5 erwise appropriated, $3,000,000,000, to remain available 

6 until September 30, 2023, for the Secretary to carry out 

7 the payroll support program authorized under the pre8 ceding sentence for which 1 percent of the funds may be 

9 used for implementation costs and administrative ex10 penses. 

11 (b) ELIGIBILITY.—The Secretary shall enter into an 

12 agreement and provide public contributions, for a term no 

13 longer than 6 months, solely with an employer that— 

14 (1) agrees to use the funds received under an 

15 agreement exclusively for the continuation of em16 ployee wages, salaries, and benefits, to maintain the 

17 total compensation level for the eligible employee 

18 group as of April 1, 2020 for the duration of the 

19 agreement, and to facilitate the retention, rehire, or 

20 recall of employees of the employer, except that such 

21 funds may not be used for back pay of returning re22 hired or recalled employees; and 

23 (2) agrees that any false, fictitious, misleading, 

24 or fraudulent information made or submitted by the 

25 employer, or the omission of any material fact by the 


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1 employer, may subject the employer to criminal, 

2 civil, or administrative penalties for fraud, false 

3 statements, false claims, or otherwise pursuant to 

4 applicable Federal law. 

5 (c) INELIGIBILITY.—The Secretary may not enter 

6 into any agreement under this section with an employer 

7 who was allowed a credit under section 2301 of the 

8 CARES Act (26 U.S.C. 3111 note) for any calendar quar9 ter ending before such agreement is entered into, who re10 ceived financial assistance under section 4113 of the 

11 CARES Act (15 U.S.C. 9073), or who is currently expend12 ing financial assistance under the paycheck protection pro13 gram established under section 7(a)(36) of the Small 

14 Business Act (15 U.S.C. 636(a)(36)), as of the date the 

15 employer submits an application under the payroll support 

16 program established under subsection (a). 

17 (d) REDUCTIONS.—To address any shortfall in assist18 ance that would otherwise be provided under this subtitle, 

19 the Secretary shall reduce, on a pro rata basis, the finan20 cial assistance provided under this subtitle. 

21 (e) AGREEMENT DEADLINE.—No agreement may be 

22 entered into by the Secretary under the payroll support 

23 program established under subsection (a) after the last 

24 day of the 6 month period that begins on the effective 


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1 date of the first agreement entered into under such pro2 gram. 

3 Subtitle C—Continued Assistance 

4 to Rail Workers 

5 SEC. 7201. ADDITIONAL ENHANCED BENEFITS UNDER THE 

6 RAILROAD UNEMPLOYMENT INSURANCE ACT. 

7 (a) IN GENERAL.—Section 2(a)(5)(A) of the Railroad 

8 Unemployment Insurance Act (45 U.S.C. 352(a)(5)(A)) is 

9 amended— 

10 (1) in the first sentence— 

11 (A) by striking ‘‘March 14, 2021’’ and in12 serting ‘‘August 29, 2021’’; 

13 (B) by striking ‘‘or July 1, 2020’’ and in14 serting ‘‘July 1, 2020, or July 1, 2021’’; and 

15 (2) by adding at the end the following: ‘‘For 

16 registration periods beginning after March 14, 2021, 

17 but on or before August 29, 2021, the recovery ben18 efit payable under this subparagraph shall be in the 

19 amount of $800.’’. 

20 (b) CLARIFICATION ON AUTHORITY TO USE

21 FUNDS.—Funds appropriated under subparagraph (B) of 

22 section 2(a)(5) of the Railroad Unemployment Insurance 

23 Act (45 U.S.C. 352(a)(5)) shall be available to cover the 

24 cost of recovery benefits provided under such section 

25 2(a)(5) by reason of the amendments made by subsection 


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1 (a) as well as to cover the cost of such benefits provided 

2 under such section 2(a)(5) as in effect on the day before 

3 the date of enactment of this Act. 

4 SEC. 7202. EXTENDED UNEMPLOYMENT BENEFITS UNDER 

5 THE RAILROAD UNEMPLOYMENT INSURANCE 

6 ACT. 

7 (a) IN GENERAL.—Section 2(c)(2)(D) of the Rail8 road Unemployment Insurance Act (45 U.S.C. 

9 352(c)(2)(D)) is amended— 

10 (1) in clause (i)— 

11 (A) in subclause (I), by striking ‘‘185 

12 days’’ and inserting ‘‘305 days’’; 

13 (B) in subclause (II), 

14 (i) by striking ‘‘19 consecutive 14-day 

15 periods’’ and inserting ‘‘31 consecutive 14- 

16 day periods’’; and 

17 (ii) by striking ‘‘6 consecutive 14-day 

18 periods’’ and inserting ‘‘18 consecutive 14- 

19 day periods’’; 

20 (2) in clause (ii)— 

21 (A) by striking ‘‘120 days of unemploy22 ment’’ and inserting ‘‘240 days of unemploy23 ment’’; 


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1 (B) by striking ‘‘12 consecutive 14-day pe2 riods’’ and inserting ‘‘24 consecutive 14-day pe3 riods’’; and 

4 (C) by striking ‘‘6 consecutive 14-day peri5 ods’’ and inserting ‘‘18 consecutive 14-day peri6 ods’’; and 

7 (3) in clause (iii)— 

8 (A) by striking ‘‘June 30, 2021’’ and in9 serting ‘‘June 30, 2022’’; and 

10 (B) by striking ‘‘the provisions of clauses 

11 (i) and (ii) shall not apply to any employee 

12 whose extended benefit period under subpara13 graph (B) begins after March 14, 2021, and 

14 shall not apply to any employee with respect to 

15 any registration period beginning after April 5, 

16 2021.’’ and inserting ‘‘the provisions of clauses 

17 (i) and (ii) shall not apply to any employee with 

18 respect to any registration period beginning 

19 after August 29, 2021.’’ 

20 (b) CLARIFICATION ON AUTHORITY TO USE

21 FUNDS.—Funds appropriated under either the first or 

22 second sentence of clause (v) of section 2(c)(2)(D) of the 

23 Railroad Unemployment Insurance Act shall be available 

24 to cover the cost of additional extended unemployment 

25 benefits provided under such section 2(c)(2)(D) by reason 


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1 of the amendments made by subsection (a) as well as to 

2 cover the cost of such benefits provided under such section 

3 2(c)(2)(D) as in effect on the day before the date of enact4 ment of this Act. 

5 SEC. 7203. EXTENSION OF WAIVER OF THE 7-DAY WAITING 

6 PERIOD FOR BENEFITS UNDER THE RAIL7 ROAD UNEMPLOYMENT INSURANCE ACT. 

8 (a) IN GENERAL.—Section 2112(a) of the CARES 

9 Act (15 U.S.C. 9030(a)) is amended by striking ‘‘March 

10 14, 2021’’ and inserting ‘‘August 29, 2021’’. 

11 (b) CLARIFICATION ON AUTHORITY TO USE

12 FUNDS.—Funds appropriated under section 2112(c) of 

13 the CARES Act (15 U.S.C. 9030(c)) shall be available to 

14 cover the cost of additional benefits payable due to section 

15 2112(a) of such Act by reason of the amendments made 

16 by subsection (a) as well as to cover the cost of such bene17 fits payable due to such section 2112(a) as in effect on 

18 the day before the date of enactment of this Act. 

19 SEC. 7204. RAILROAD RETIREMENT BOARD AND OFFICE OF 

20 THE INSPECTOR GENERAL FUNDING. 

21 In addition to amounts otherwise made available, 

22 there are appropriated for fiscal year 2021, out of any 

23 money in the Treasury not otherwise appropriated— 

24 (1) $27,975,000, to remain available until ex25 pended, for the Railroad Retirement Board, to preVerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00383 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319

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1 vent, prepare for, and respond to coronavirus, of 

2 which— 

3 (A) $6,800,000 shall be for additional hir4 ing and overtime bonuses as needed to admin5 ister the Railroad Unemployment Insurance 

6 Act; and 

7 (B) $21,175,000 shall be to supplement, 

8 not supplant, existing resources devoted to op9 erations and improvements for the Information 

10 Technology Investment Initiatives of the Rail11 road Retirement Board; and 

12 (2) $500,000, to remain available until ex13 pended, for the Railroad Retirement Board Office of 

14 Inspector General for audit, investigatory and review 

15 activities, as authorized by the Inspector General 

16 Act of 1978. 

17 TITLE VIII—COMMITTEE ON 

18 VETERANS’ AFFAIRS 

19 SEC. 8001. FUNDING FOR CLAIMS AND APPEALS PROC20 ESSING. 

21 In addition to amounts otherwise made available, 

22 there is appropriated for fiscal year 2021, out of any 

23 money in the Treasury not otherwise appropriated, 

24 $272,000,000, to remain available until September 30, 


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1 2023, pursuant to sections 308, 310, 7101 through 7113, 

2 7701, and 7703 of title 38, United States Code. 

3 SEC. 8002. FUNDING AVAILABILITY FOR MEDICAL CARE 

4 AND HEALTH NEEDS. 

5 In addition to amounts otherwise made available, 

6 there is appropriated for fiscal year 2021, out of any 

7 money in the Treasury not otherwise appropriated, 

8 $13,482,000,000, to remain available until September 30, 

9 2023, for allocation under chapters 17, 20, 73, and 81 

10 of title 38, United States Code, of which not more than 

11 $4,000,000,000 shall be available pursuant to section 

12 1703 of title 38, United States Code for health care fur13 nished through the Veterans Community Care program. 

14 SEC. 8003. FUNDING FOR SUPPLY CHAIN MODERNIZATION. 

15 In addition to amounts otherwise made available, 

16 there is appropriated for fiscal year 2021, out of any 

17 money in the Treasury not otherwise appropriated, 

18 $100,000,000, to remain available until September 30, 

19 2022, for the supply chain modernization initiative under 

20 sections 308, 310, and 7301(b) of title 38, United States 

21 Code. 

22 SEC. 8004. FUNDING FOR STATE HOMES. 

23 In addition to amounts otherwise made available, 

24 there are appropriated for fiscal year 2021, out of any 

25 money in the Treasury not otherwise appropriated— 


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1 (1) $500,000,000, to remain available until ex2 pended, for allocation under sections 8131 through 

3 8137 of title 38, United States Code: and 

4 (2) $250,000,000, to remain available until 

5 September 30, 2022, for a one-time only obligation 

6 and expenditure to existing State extended care fa7 cilities for veterans in proportion to each State’s 

8 share of the total resident capacity in such facilities 

9 as of the date of enactment of this Act where such 

10 capacity includes only veterans on whose behalf the 

11 Department pays a per diem payment pursuant to 

12 section 1741 or 1745 of title 38, United States 

13 Code. 

14 SEC. 8005. FUNDING FOR THE DEPARTMENT OF VETERANS 

15 AFFAIRS OFFICE OF INSPECTOR GENERAL. 

16 In addition to amounts otherwise made available, 

17 there is appropriated for fiscal year 2021, out of any 

18 money in the Treasury not otherwise appropriated, 

19 $10,000,000, to remain available until expended, to carry 

20 out audits, investigations, and other oversight activities 

21 authorized under the Inspector General Act of 1978 (5 

22 U.S.C. App.) of projects and activities carried out pursu23 ant to this title. 


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1 SEC. 8006. COVID–19 VETERAN RAPID RETRAINING ASSIST2 ANCE PROGRAM. 

3 (a) IN GENERAL.—The Secretary of Veterans Affairs 

4 shall carry out a program under which the Secretary shall 

5 provide up to 12 months of retraining assistance to an 

6 eligible veteran for the pursuit of a covered program of 

7 education. Such retraining assistance shall be in addition 

8 to any other entitlement to educational assistance or bene9 fits for which a veteran is, or has been, eligible. 

10 (b) ELIGIBLE VETERANS.— 

11 (1) IN GENERAL.—In this section, the term ‘‘el12 igible veteran’’ means a veteran who— 

13 (A) as of the date of the receipt by the De14 partment of Veterans Affairs of an application 

15 for assistance under this section, is at least 22 

16 years of age but not more than 66 years of age; 

17 (B) as of such date, is unemployed by rea18 son of the covered public health emergency, as 

19 certified by the veteran; 

20 (C) as of such date, is not eligible to re21 ceive educational assistance under chapter 30, 

22 31, 32, 33, or 35 of title 38, United States 

23 Code, or chapter 1606 of title 10, United States 

24 Code; 

25 (D) is not enrolled in any Federal or State 

26 jobs program; 


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1 (E) is not in receipt of compensation for a 

2 service-connected disability rated totally dis3 abling by reason of unemployability; and 

4 (F) will not be in receipt of unemployment 

5 compensation (as defined in section 85(b) of the 

6 Internal Revenue Code of 1986), including any 

7 cash benefit received pursuant to subtitle A of 

8 title II of division A of the CARES Act (Public 

9 Law 116–136), as of the first day on which the 

10 veteran would receive a housing stipend pay11 ment under this section. 

12 (2) TREATMENT OF VETERANS WHO TRANSFER

13 ENTITLEMENT.—For purposes of paragraph (1)(C), 

14 a veteran who has transferred all of the veteran’s 

15 entitlement to educational assistance under section 

16 3319 of title 38, United States Code, shall be con17 sidered to be a veteran who is not eligible to receive 

18 educational assistance under chapter 33 of such 

19 title. 

20 (3) FAILURE TO COMPLETE.—A veteran who 

21 receives retraining assistance under this section to 

22 pursue a program of education and who fails to com23 plete the program of education shall not be eligible 

24 to receive additional assistance under this section. 

25 (c) COVERED PROGRAMS OF EDUCATION.— 


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1 (1) IN GENERAL.—For purposes of this section, 

2 a covered program of education is a program of edu3 cation (as such term is defined in section 3452(b) of 

4 title 38, United States Code) for training, pursued 

5 on a full-time or part-time basis— 

6 (A) that— 

7 (i) is approved under chapter 36 of 

8 such title; 

9 (ii) does not lead to a bachelors or 

10 graduate degree; and 

11 (iii) is designed to provide training for 

12 a high-demand occupation, as determined 

13 under paragraph (3); or 

14 (B) that is a high technology program of 

15 education offered by a qualified provider, under 

16 the meaning given such terms in section 116 of 

17 the Harry W. Colmery Veterans Educational 

18 Assistance Act of 2017 (Public Law 115–48; 38 

19 U.S.C. 3001 note). 

20 (2) ACCREDITED PROGRAMS.—In the case of an 

21 accredited program of education, the program of 

22 education shall not be considered a covered program 

23 of education under this section if the program has 

24 received a show cause order from the accreditor of 


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1 the program during the five-year period preceding 

2 the date of the enactment of this Act. 

3 (3) DETERMINATION OF HIGH-DEMAND OCCU4 PATIONS.— 

5 (A) INITIAL IMPLEMENTATION.—In car6 rying out this section, the Secretary shall use 

7 the list of high-demand occupations compiled by 

8 the Commissioner of Labor Statistics until the 

9 final list under subparagraph (C) is complete. 

10 (B) STUDY REQUIRED.—The Secretary of 

11 Veterans Affairs shall enter into an agreement 

12 with a federally funded research and develop13 ment corporation or another appropriate non14 Department entity for the conduct of a study to 

15 determine which occupations are high-demand 

16 occupations. Such study shall be completed not 

17 later than 90 days after the date of the enact18 ment of this Act. 

19 (C) FINAL LIST.—The Secretary— 

20 (i) may add or remove occupation 

21 from the list in use pursuant to subpara22 graph (A) during the 90-day period fol23 lowing the completion of the study required 

24 by subparagraph (B); 


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1 (ii) shall issue a final list of high-de2 mand occupations for use under this sec3 tion by not later than 90 days after the 

4 date of the completion of the study; and 

5 (iii) shall make such final list publicly 

6 available on a website of the Department. 

7 (D) USE OF LIST.—The Secretary shall 

8 use the list developed under this paragraph in 

9 order to apply the requirement that retraining 

10 assistance under this section is used for train11 ing for a high-demand occupation, but the Sec12 retary may remove occupations from the list as 

13 the Secretary determines appropriate. 

14 (4) FULL-TIME DEFINED.—For purposes of 

15 this subsection, the term ‘‘full-time’’ has the mean16 ing given such term under section 3688 of title 38, 

17 United States Code. 

18 (d) AMOUNT OF ASSISTANCE.— 

19 (1) RETRAINING ASSISTANCE.—The Secretary 

20 of Veterans Affairs shall provide to an eligible vet21 eran pursuing a covered program of education under 

22 the retraining assistance program under this section 

23 an amount equal to the amount of educational as24 sistance payable under section 3313(c)(1)(A) of title 

25 38, United States Code, for each month the veteran 


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1 pursues the covered program of education. Such 

2 amount shall be payable directly to the educational 

3 institution offering the covered program of education 

4 pursued by the veteran as follows: 

5 (A) 50 percent of the total amount payable 

6 shall be paid when the eligible veteran begins 

7 the program of education. 

8 (B) 25 percent of the total amount payable 

9 shall be paid when the eligible veteran com10 pletes the program of education. 

11 (C) 25 percent of the total amount payable 

12 shall be paid when the eligible veteran finds em13 ployment in a field related to the program of 

14 education. 

15 (2) FAILURE TO COMPLETE.— 

16 (A) PRO-RATED PAYMENTS.—In the case 

17 of a veteran who pursues a covered program of 

18 education under the retraining assistance pro19 gram under this section, but who does not com20 plete the program of education, the Secretary 

21 shall pay to the educational institution offering 

22 such program of education a pro-rated amount 

23 based on the number of months the veteran 

24 pursued the program of education in accordance 

25 with this paragraph. 


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1 (B) PAYMENT OTHERWISE DUE UPON

2 COMPLETION OF PROGRAM.—The Secretary 

3 shall pay to the educational institution a pro4 rated amount under paragraph (1)(B) when the 

5 veteran provides notice to the educational insti6 tution that the veteran no longer intends to 

7 pursue the program of education. 

8 (C) NONRECOVERY FROM VETERAN.—In 

9 the case of a veteran referred to in subpara10 graph (A), the educational institution may not 

11 seek payment from the veteran for any amount 

12 that would have been payable under paragraph 

13 (1)(B) had the veteran completed the program 

14 of education. 

15 (D) PAYMENT DUE UPON EMPLOYMENT.— 

16 (i) VETERANS WHO FIND EMPLOY17 MENT.—In the case of a veteran referred 

18 to in subparagraph (A) who finds employ19 ment in a field related to the program of 

20 education during the 180-day period begin21 ning on the date on which the veteran 

22 withdraws from the program of education, 

23 the Secretary shall pay to the educational 

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1 graph (1)(C) when the veteran finds such 

2 employment. 

3 (ii) VETERANS WHO DO NOT FIND EM4 PLOYMENT.—In the case of a veteran re5 ferred to in subparagraph (A) who does 

6 not find employment in a field related to 

7 the program of education during the 180- 

8 day period beginning on the date on which 

9 the veteran withdraws from the program of 

10 education— 

11 (I) the Secretary shall not make 

12 a payment to the educational institu13 tion under paragraph (1)(C); and 

14 (II) the educational institution 

15 may not seek payment from the vet16 eran for any amount that would have 

17 been payable under paragraph (1)(C) 

18 had the veteran found employment 

19 during such 180-day period. 

20 (3) HOUSING STIPEND.—For each month that 

21 an eligible veteran pursues a covered program of 

22 education under the retraining assistance program 

23 under this section, the Secretary shall pay to the 

24 veteran a monthly housing stipend in an amount 

25 equal to— 


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1 (A) in the case of a covered program of 

2 education leading to a degree, or a covered pro3 gram of education not leading to a degree, at 

4 an institution of higher learning (as that term 

5 is defined in section 3452(f) of title 38, United 

6 States Code) pursued on more than a half-time 

7 basis, the amount specified under subsection 

8 (c)(1)(B) of section 3313 of title 38, United 

9 States Code; 

10 (B) in the case of a covered program of 

11 education other than a program of education 

12 leading to a degree at an institution other than 

13 an institution of higher learning pursued on 

14 more than a half-time basis, the amount speci15 fied under subsection (g)(3)(A)(ii) of such sec16 tion; or 

17 (C) in the case of a covered program of 

18 education pursued on less than a half-time 

19 basis, or a covered program of education pur20 sued solely through distance learning on more 

21 than a half-time basis, the amount specified 

22 under subsection (c)(1)(B)(iii) of such section. 

23 (4) FAILURE TO FIND EMPLOYMENT.—The 

24 Secretary shall not make a payment under para25 graph (1)(C) with respect to an eligible veteran who 


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1 completes or fails to complete a program of edu2 cation under the retraining assistance program 

3 under this section if the veteran fails to find employ4 ment in a field related to the program of education 

5 within the 180-period beginning on the date on 

6 which the veteran withdraws from or completes the 

7 program. 

8 (e) NO TRANSFERABILITY.—Retraining assistance 

9 provided under this section may not be transferred to an10 other individual. 

11 (f) EMPLOYEE ASSISTANCE.—The Secretary of Vet12 erans Affairs, in consultation with the Secretary of Labor, 

13 shall contact each veteran who pursues a covered program 

14 of education under this section— 

15 (1) not later than 30 days after the date on 

16 which the veteran begins the program of education 

17 to notify the veteran of the availability of employ18 ment placement services upon completion of the pro19 gram; and 

20 (2) not later than 14 days after the date on 

21 which the veteran completes, or terminates partici22 pation in, such program to facilitate the provision of 

23 employment placement services to such veteran. 

24 (g) NONPROFIT ORGANIZATION.— 


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1 (1) IN GENERAL.—The Secretary of Veterans 

2 Affairs shall seek to enter into a memorandum of 

3 understanding with one or more qualified nonprofit 

4 organizations for the purpose of facilitating the em5 ployment of veterans who participate in the retrain6 ing assistance program under this section. 

7 (2) QUALIFIED NONPROFIT ORGANIZATION.— 

8 For purposes of this subsection, a qualified non9 profit organization is a nonprofit organization 

10 that— 

11 (A) is an association of businesses; and 

12 (B) has at least two years of experience 

13 providing job placement services for veterans. 

14 (h) FOLLOW UP OUTREACH.—The Secretary of Vet15 erans Affairs, in coordination with the Secretary of Labor, 

16 shall contact each veteran who completes a covered pro17 gram of education under the retraining assistance pro18 gram under this section 30, 60, 90, and 180 days after 

19 the veteran completes such program of education to ask 

20 the veteran about the experience of the veteran in the re21 training assistance program and the veteran’s employment 

22 status. 

23 (i) QUARTERLY REPORTS.—Not later than the date 

24 that is one year after the date of the enactment of this 

25 Act, and quarterly thereafter, the Secretary of Labor shall 


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1 submit to the Committees on Veterans’ Affairs of the Sen2 ate and House of Representatives a report containing the 

3 following information about veterans who participate in 

4 the retraining assistance program under this section: 

5 (1) The percentage of such veterans who found 

6 employment before the end of the second calendar 

7 quarter after exiting the program. 

8 (2) The percentage of such veterans who found 

9 employment before the end of the fourth calendar 

10 quarter after exiting the program. 

11 (3) The median earnings of all such veterans 

12 for the second quarter after exiting the program. 

13 (4) The percentage of such veterans who attain 

14 a recognized postsecondary credential during the 12- 

15 month period after exiting the program. 

16 (j) LIMITATION.—Not more than 17,250 eligible vet17 erans may receive retraining assistance under this section. 

18 (k) TERMINATION.—No retraining assistance may be 

19 paid under this section after the date that is 21 months 

20 after the date of the enactment of this Act. 

21 (l) COMPTROLLER GENERAL REPORT.—Not later 

22 than 180 days after the termination of the retraining as23 sistance program under subsection (k), the Comptroller 

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1 fairs of the Senate and House of Representatives a report 

2 on the outcomes and effectiveness of the program. 

3 (m) DEFINITIONS.—In this section: 

4 (1) The term ‘‘covered public health emer5 gency’’ means the declaration— 

6 (A) of a public health emergency, based on 

7 an outbreak of COVID–19 by the Secretary of 

8 Health and Human Services under section 319 

9 of the Public Health Service Act (42 U.S.C. 

10 247d); or 

11 (B) of a domestic emergency, based on an 

12 outbreak of COVID–19 by the President, the 

13 Secretary of Homeland Security, or State, or 

14 local authority. 

15 (2) The term ‘‘veteran’’ means— 

16 (A) a person who served in the active mili17 tary, naval, or air service, and who was dis18 charged or released therefrom under conditions 

19 other than dishonorable; or 

20 (B) a member of a reserve component of 

21 the Armed Forces who performs active service 

22 for a period of 30 days or longer by reason of 

23 the covered public health emergency. 


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1 (3) The term ‘‘active service’’ has the meaning 

2 given such term in section 101 of title 10, United 

3 States Code. 

4 (n) FUNDING.—In addition to amounts otherwise 

5 available there is appropriated to the Department of Vet6 erans Affairs for fiscal year 2021, out of any money in 

7 the Treasury not otherwise appropriated, $386,000,000, 

8 to remain available until expended, to carry out this sec9 tion. 

10 SEC. 8007. PROHIBITION ON COPAYMENTS AND COST SHAR11 ING FOR VETERANS DURING EMERGENCY RE12 LATING TO COVID–19. 

13 (a) IN GENERAL.—The Secretary of Veterans Af14 fairs— 

15 (1) shall not require a veteran to pay a copay16 ment or other cost sharing with respect to health 

17 care under the laws administered by the Secretary 

18 received by the veteran during the period specified in 

19 subsection (b); and 

20 (2) shall reimburse any veteran who paid a co21 payment or other cost sharing for health care under 

22 the laws administered by the Secretary received by 

23 the veteran during such period the amount paid by 

24 the veteran. 


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1 (b) PERIOD SPECIFIED.—The period specified in this 

2 subsection is the period beginning on April 6, 2020, and 

3 ending on September 30, 2021. 

4 (c) FUNDING.—In addition to amounts otherwise 

5 available, there is appropriated to the Secretary of Vet6 erans Affairs for fiscal year 2021, out of any money in 

7 the Treasury not otherwise appropriated, $2,000,000,000, 

8 to remain available until expended, to carry out this sec9 tion. 

10 TITLE IX—COMMITTEE ON WAYS 

11 AND MEANS 

12 Subtitle A—Crisis Support for 

13 Unemployed Workers 

14 SEC. 9001. SHORT TITLE. 

15 This subtitle may be cited as the ‘‘Crisis Support for 

16 Unemployed Workers Act’’. 

17 PART 1—EXTENSION OF CARES ACT 

18 UNEMPLOYMENT PROVISIONS 

19 SEC. 9011. EXTENSION OF PANDEMIC UNEMPLOYMENT AS20 SISTANCE. 

21 (a) IN GENERAL.—Section 2102(c) of the CARES 

22 Act (15 U.S.C. 9021(c)) is amended— 

23 (1) in paragraph (1)— 

24 (A) by striking ‘‘paragraphs (2) and (3)’’ 

25 and inserting ‘‘paragraph (2)’’; and 


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1 (B) in subparagraph (A)(ii), by striking 

2 ‘‘March 14, 2021’’ and inserting ‘‘August 29, 

3 2021’’; and 

4 (2) by striking paragraph (3) and redesignating 

5 paragraph (4) as paragraph (3). 

6 (b) INCREASE IN NUMBER OF WEEKS.—Section 

7 2102(c)(2) of such Act (15 U.S.C. 9021(c)(2)) is amend8 ed— 

9 (1) by striking ‘‘50 weeks’’ and inserting ‘‘74 

10 weeks’’; and 

11 (2) by striking ‘‘50-week period’’ and inserting 

12 ‘‘74-week period’’. 

13 (c) HOLD HARMLESS FOR PROPER ADMINISTRA14 TION.—In the case of an individual who is eligible to re15 ceive pandemic unemployment assistance under section 

16 2102 of the CARES Act (15 U.S.C. 9021) as of the day 

17 before the date of enactment of this Act and on the date 

18 of enactment of this Act becomes eligible for pandemic 

19 emergency unemployment compensation under section 

20 2107 of the CARES Act (15 U.S.C. 9025) by reason of 

21 the amendments made by section 9016(b) of this title, any 

22 payment of pandemic unemployment assistance under 

23 such section 2102 made after the date of enactment of 

24 this Act to such individual during an appropriate period 

25 of time, as determined by the Secretary of Labor, that 


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1 should have been made under such section 2107 shall not 

2 be considered to be an overpayment of assistance under 

3 such section 2102, except that an individual may not re4 ceive payment for assistance under section 2102 and a 

5 payment for assistance under section 2107 for the same 

6 week of unemployment. 

7 (d) EFFECTIVE DATE.—The amendments made by 

8 subsections (a) and (b) shall apply as if included in the 

9 enactment of the CARES Act (Public Law 116–136), ex10 cept that no amount shall be payable by virtue of such 

11 amendments with respect to any week of unemployment 

12 commencing before the date of the enactment of this Act. 

13 SEC. 9012. EXTENSION OF EMERGENCY UNEMPLOYMENT 

14 RELIEF FOR GOVERNMENTAL ENTITIES AND 

15 NONPROFIT ORGANIZATIONS. 

16 (a) IN GENERAL.—Section 903(i)(1)(D) of the Social 

17 Security Act (42 U.S.C. 1103(i)(1)(D)) is amended by 

18 striking ‘‘March 14, 2021’’ and inserting ‘‘August 29, 

19 2021’’. 

20 (b) INCREASE IN REIMBURSEMENT RATE.—Section 

21 903(i)(1)(B) of such Act (42 U.S.C. 1103(i)(1)(B)) is 

22 amended— 

23 (1) in the first sentence, by inserting ‘‘and ex24 cept as otherwise provided in this subparagraph’’ 


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1 after ‘‘as determined by the Secretary of Labor’’; 

2 and 

3 (2) by inserting after the first sentence the fol4 lowing: ‘‘With respect to the amounts of such com5 pensation paid for weeks of unemployment beginning 

6 after March 31, 2021, and ending on or before Au7 gust 29, 2021, the preceding sentence shall be ap8 plied by substituting ‘75 percent’ for ‘one-half’.’’. 

9 SEC. 9013. EXTENSION OF FEDERAL PANDEMIC UNEMPLOY10 MENT COMPENSATION. 

11 (a) IN GENERAL.—Section 2104(e)(2) of the CARES 

12 Act (15 U.S.C. 9023(e)(2)) is amended by striking 

13 ‘‘March 14, 2021’’ and inserting ‘‘August 29, 2021’’. 

14 (b) AMOUNT.—Section 2104(b)(3)(A) of such Act 

15 (15 U.S.C. 9023(b)(3)(A)) is amended by adding at the 

16 end the following: 

17 ‘‘(iii) For weeks of unemployment 

18 ending after March 14, 2021, and ending 

19 on or before August 29, 2021, $400.’’. 

20 (c) DISREGARD OF CERTAIN ADDITIONAL COM21 PENSATION FOR PURPOSES OF MEDICAID AND CHIP.— 

22 Section 2104(h) of the CARES Act (15 U.S.C. 9023(h)) 

23 is amended by striking ‘‘Federal pandemic unemployment 

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1 ployment Compensation or Mixed Earner Unemployment 

2 Compensation’’. 

3 SEC. 9014. EXTENSION OF FULL FEDERAL FUNDING OF THE 

4 FIRST WEEK OF COMPENSABLE REGULAR 

5 UNEMPLOYMENT FOR STATES WITH NO WAIT6 ING WEEK. 

7 (a) IN GENERAL.—Section 2105(e)(2) of the CARES 

8 Act (15 U.S.C. 9024(e)(2)) is amended by striking 

9 ‘‘March 14, 2021’’ and inserting ‘‘August 29, 2021’’. 

10 (b) FULL REIMBURSEMENT.—Paragraph (3) of sec11 tion 2105(c) of such Act (15 U.S.C. 9024(c)) is repealed 

12 and such section shall be applied to weeks of unemploy13 ment to which an agreement under section 2105 of such 

14 Act applies as if such paragraph had not been enacted. 

15 SEC. 9015. EXTENSION OF EMERGENCY STATE STAFFING 

16 FLEXIBILITY. 

17 Section 4102(b) of the Families First Coronavirus 

18 Response Act (26 U.S.C. 3304 note), in the second sen19 tence, is amended by striking ‘‘March 14, 2021’’ and in20 serting ‘‘August 29, 2021’’. 

21 SEC. 9016. EXTENSION OF PANDEMIC EMERGENCY UNEM22 PLOYMENT COMPENSATION. 

23 (a) IN GENERAL.—Section 2107(g) of the CARES 

24 Act (15 U.S.C. 9025(g)) is amended to read as follows: 


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1 ‘‘(g) APPLICABILITY.—An agreement entered into 

2 under this section shall apply to weeks of unemployment— 

3 ‘‘(1) beginning after the date on which such 

4 agreement is entered into; and 

5 ‘‘(2) ending on or before August 29, 2021.’’. 

6 (b) INCREASE IN NUMBER OF WEEKS.—Section 

7 2107(b)(2) of such Act (15 U.S.C. 9025(b)(2)) is amend8 ed by striking ‘‘24’’ and inserting ‘‘48’’. 

9 (c) COORDINATION RULES.— 

10 (1) COORDINATION OF PANDEMIC EMERGENCY

11 UNEMPLOYMENT COMPENSATION WITH EXTENDED

12 COMPENSATION.— 

13 (A) INDIVIDUALS RECEIVING EXTENDED

14 COMPENSATION AS OF THE DATE OF ENACT15 MENT.—Section 2107(a)(5) of such Act (15 

16 U.S.C. 9025(a)(5)) is amended— 

17 (i) by striking ‘‘RULE.—An agree18 ment’’ and inserting the following: 

19 ‘‘RULES.— 

20 ‘‘(A) IN GENERAL.—Subject to subpara21 graph (B), an agreement’’; and 

22 (ii) by adding at the end the fol23 lowing: 

24 ‘‘(B) SPECIAL RULE.—In the case of an 

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1 tion under the State law for the week that in2 cludes the date of enactment of this subpara3 graph (without regard to the amendments made 

4 by subsections (a) and (b) of section 9016 of 

5 the Crisis Support for Unemployed Workers 

6 Act), such individual shall not be eligible to re7 ceive pandemic emergency unemployment com8 pensation by reason of such amendments until 

9 such individual has exhausted all rights to such 

10 extended benefits.’’. 

11 (B) ELIGIBILITY FOR EXTENDED COM12 PENSATION.—Section 2107(a) of such Act (15 

13 U.S.C. 9025(a)) is amended by adding at the 

14 end the following: 

15 ‘‘(8) SPECIAL RULE FOR EXTENDED COM16 PENSATION.—At the option of a State, for any 

17 weeks of unemployment beginning after the date of 

18 the enactment of this paragraph and ending on or 

19 before August 29, 2021, an individual’s eligibility 

20 period (as described in section 203(c) of the Fed21 eral-State Extended Unemployment Compensation 

22 Act of 1970 (26 U.S.C. 3304 note)) shall, for pur23 poses of any determination of eligibility for extended 

24 compensation under the State law of such State, be 

25 considered to include any week which begins— 


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1 ‘‘(A) after the date as of which such indi2 vidual exhausts all rights to pandemic emer3 gency unemployment compensation; and 

4 ‘‘(B) during an extended benefit period 

5 that began on or before the date described in 

6 subparagraph (A).’’. 

7 (d) EFFECTIVE DATE.—The amendments made by 

8 this section shall apply as if included in the enactment 

9 of the CARES Act (Public Law 116–136), except that no 

10 amount shall be payable by virtue of such amendments 

11 with respect to any week of unemployment commencing 

12 before the date of the enactment of this Act. 

13 SEC. 9017. EXTENSION OF TEMPORARY FINANCING OF 

14 SHORT-TIME COMPENSATION PAYMENTS IN 

15 STATES WITH PROGRAMS IN LAW. 

16 Section 2108(b)(2) of the CARES Act (15 U.S.C. 

17 9026(b)(2)) is amended by striking ‘‘March 14, 2021’’ 

18 and inserting ‘‘August 29, 2021’’. 

19 SEC. 9018. EXTENSION OF TEMPORARY FINANCING OF 

20 SHORT-TIME COMPENSATION AGREEMENTS 

21 FOR STATES WITHOUT PROGRAMS IN LAW. 

22 Section 2109(d)(2) of the CARES Act (15 U.S.C. 

23 9027(d)(2)) is amended by striking ‘‘March 14, 2021’’ 

24 and inserting ‘‘August 29, 2021’’. 


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1 PART 2—EXTENSION OF FFCRA UNEMPLOYMENT 

2 PROVISIONS 

3 SEC. 9021. EXTENSION OF TEMPORARY ASSISTANCE FOR 

4 STATES WITH ADVANCES. 

5 Section 1202(b)(10)(A) of the Social Security Act 

6 (42 U.S.C. 1322(b)(10)(A)) is amended by striking 

7 ‘‘March 14, 2021’’ and inserting ‘‘August 29, 2021’’. 

8 SEC. 9022. EXTENSION OF FULL FEDERAL FUNDING OF EX9 TENDED UNEMPLOYMENT COMPENSATION. 

10 Section 4105 of the Families First Coronavirus Re11 sponse Act (26 U.S.C. 3304 note) is amended by striking 

12 ‘‘March 14, 2021’’ each place it appears and inserting 

13 ‘‘August 29, 2021’’. 

14 PART 3—DEPARTMENT OF LABOR FUNDING FOR 

15 TIMELY, ACCURATE, AND EQUITABLE PAYMENT 

16 SEC. 9031. FUNDING FOR ADMINISTRATION. 

17 In addition to amounts otherwise available, there is 

18 appropriated to the Employment and Training Adminis19 tration of the Department of Labor for fiscal year 2021, 

20 out of any money in the Treasury not otherwise appro21 priated, $8,000,000, to remain available until expended, 

22 for necessary expenses to carry out Federal activities re23 lating to the administration of unemployment compensa24 tion programs. 


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1 SEC. 9032. FUNDING FOR FRAUD PREVENTION, EQUITABLE 

2 ACCESS, AND TIMELY PAYMENT TO ELIGIBLE 

3 WORKERS. 

4 (a) IN GENERAL.—In addition to amounts otherwise 

5 available, there is appropriated to the Secretary of Labor 

6 for fiscal year 2021, out of any money in the Treasury 

7 not otherwise appropriated, $2,000,000,000, to remain 

8 available until expended, to detect and prevent fraud, pro9 mote equitable access, and ensure the timely payment of 

10 benefits with respect to unemployment insurance pro11 grams, including programs extended under this subtitle. 

12 (b) USE OF FUNDS.—Amounts made available under 

13 subsection (a) may be used— 

14 (1) for Federal administrative costs related to 

15 the purposes described in subsection (a); 

16 (2) for systemwide infrastructure investment 

17 and development related to such purposes; 

18 (3) to make grants to States or territories ad19 ministering unemployment insurance programs de20 scribed in subsection (a) for such purposes, includ21 ing the establishment of procedures or the building 

22 of infrastructure to verify or validate identity, imple23 ment Federal guidance regarding fraud detection 

24 and prevention, and accelerate claims processing or 

25 process claims backlogs due to the pandemic; and 


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1 (4) for transfer to the Inspector General of the 

2 Department of Labor, to the Attorney General, to 

3 the Commissioner of Internal Revenue, or to other 

4 Federal agencies investigating identity theft crime 

5 affecting Federal unemployment benefits, as deter6 mined appropriate by the Secretary, for the develop7 ment of State tools for fraud detection or prevention 

8 or for the investigation or prosecution of fraud. 

9 (c) RESTRICTIONS ON GRANTS TO STATES AND TER10 RITORIES.—As a condition of receiving a grant under sub11 section (b)(3), the Secretary may require that a State or 

12 territory receiving such a grant shall— 

13 (1) use such program integrity tools as the Sec14 retary may specify; and 

15 (2) as directed by the Secretary, conduct user 

16 accessibility testing on any new system developed by 

17 the Secretary pursuant to subsection (b)(2). 

18 Subtitle B—Emergency Assistance 

19 to Families Through Home Vis20 iting Programs 

21 SEC. 9101. EMERGENCY ASSISTANCE TO FAMILIES 

22 THROUGH HOME VISITING PROGRAMS. 

23 Title V of the Social Security Act (42 U.S.C. 701- 

24 713) is amended by inserting after section 511 the fol25 lowing: 


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1 ‘‘SEC. 511A. EMERGENCY ASSISTANCE TO FAMILIES 

2 THROUGH HOME VISITING PROGRAMS. 

3 ‘‘(a) SUPPLEMENTAL APPROPRIATION.—In addition 

4 to amounts otherwise appropriated, out of any money in 

5 the Treasury of the United States not otherwise appro6 priated, there are appropriated to the Secretary 

7 $150,000,000, to remain available through September 30, 

8 2022, to enable eligible entities to conduct programs in 

9 accordance with section 511 and subsection (c) of this sec10 tion. 

11 ‘‘(b) ELIGIBILITY FOR FUNDS.—To be eligible to re12 ceive funds made available by subsection (a) of this sec13 tion, an entity shall— 

14 ‘‘(1) as of the date of the enactment of this sec15 tion, be conducting a program under section 511; 

16 ‘‘(2) ensure the modification of grants, con17 tracts, and other agreements, as applicable, executed 

18 under section 511 under which the program is con19 ducted as are necessary to provide that, during the 

20 period that begins with the date of the enactment of 

21 this section and ends with the end of the 2nd suc22 ceeding fiscal year after the funds are awarded, the 

23 entity shall— 

24 ‘‘(A) not reduce funding for, or staffing 

25 levels of, the program on account of reduced en26 rollment in the program; and 


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1 ‘‘(B) when using funds to provide emer2 gency supplies to eligible families receiving 

3 grant services under section 511, ensure coordi4 nation with local diaper banks to the extent 

5 practicable; and 

6 ‘‘(3) reaffirm that, in conducting the program, 

7 the entity will focus on priority populations (as de8 fined in section 511(d)(4)). 

9 ‘‘(c) USES OF FUNDS.—An entity to which funds are 

10 provided under this section may use the funds— 

11 ‘‘(1) to serve families with home visits or with 

12 virtual visits, that may be conducted by the use of 

13 electronic information and telecommunications tech14 nologies, in a service delivery model described in sec15 tion 511(d)(3)(A); 

16 ‘‘(2) to pay hazard pay or other additional staff 

17 costs associated with providing home visits or ad18 ministration for programs funded under section 511; 

19 ‘‘(3) to train home visitors employed by the en20 tity in conducting a virtual home visit and in emer21 gency preparedness and response planning for fami22 lies served, and may include training on how to safe23 ly conduct intimate partner violence screenings, and 

24 training on safety and planning for families served 


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1 to support the family outcome improvements listed 

2 in section 511(d)(2)(B); 

3 ‘‘(4) for the acquisition by families served by 

4 programs under section 511 of such technological 

5 means as are needed to conduct and support a vir6 tual home visit; 

7 ‘‘(5) to provide emergency supplies (such as 

8 diapers and diapering supplies including diaper 

9 wipes and diaper cream, necessary to ensure that a 

10 child using a diaper is properly cleaned and pro11 tected from diaper rash, formula, food, water, hand 

12 soap and hand sanitizer) to an eligible family (as de13 fined in section 511(k)(2)); 

14 ‘‘(6) to coordinate with and provide reimburse15 ment for supplies to diaper banks when using such 

16 entities to provide emergency supplies specified in 

17 paragraph (5); and 

18 ‘‘(7) to provide prepaid grocery cards to an eli19 gible family (as defined in section 511(k)(2)) partici20 pating in the maternal, infant, and early childhood 

21 home visiting program under section 511 for the 

22 purpose of enabling the family to meet the emer23 gency needs of the family.’’. 


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1 Subtitle C—Emergency Assistance 

2 to Children and Families 

3 SEC. 9201. PANDEMIC EMERGENCY ASSISTANCE FUND. 

4 Section 403 of the Social Security Act (42 U.S.C. 

5 603) is amended by adding at the end the following: 

6 ‘‘(c) PANDEMIC EMERGENCY ASSISTANCE FUND.— 

7 ‘‘(1) ESTABLISHMENT.—There is established in 

8 the Treasury of the United States a fund which 

9 shall be known as the ‘Pandemic Emergency Assist10 ance Fund’ (in this section referred to as the 

11 ‘Fund’) for the duration of the applicable period. 

12 ‘‘(2) DEPOSITS INTO FUND.—Out of any money 

13 in the Treasury of the United States not otherwise 

14 appropriated, there are appropriated for payment to 

15 the Fund $1,000,000,000, to remain available until 

16 expended. 

17 ‘‘(3) RESERVATION OF FUNDS FOR TECHNICAL

18 ASSISTANCE.—Of the amount specified in paragraph 

19 (2), the Secretary shall reserve $2,000,000 for ad20 ministrative expenses and the provision of technical 

21 assistance to States and Indian tribes with respect 

22 to the use of funds provided under this subsection. 

23 ‘‘(4) ALLOTMENTS.— 

24 ‘‘(A) 50 STATES AND THE DISTRICT OF

25 COLUMBIA.— 


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1 ‘‘(i) TOTAL AMOUNT TO BE ALLOT2 TED.—The Secretary shall allot a total of 

3 92.5 percent of the amount specified in 

4 paragraph (2) that is not reserved under 

5 paragraph (3) among the States that are 

6 not a territory and that are operating a 

7 program funded under this part, in accord8 ance with clause (ii) of this subparagraph. 

9 ‘‘(ii) ALLOTMENT FORMULA.—The 

10 Secretary shall allot to each such State the 

11 sum of the following percentages of the 

12 total amount described in clause (i): 

13 ‘‘(I) 50 percent, multiplied by— 

14 ‘‘(aa) the population of chil15 dren in the State, determined on 

16 the basis of the most recent pop17 ulation estimates as determined 

18 by the Bureau of the Census; di19 vided by 

20 ‘‘(bb) the total population of 

21 children in the States that are 

22 not territories, as so determined; 

23 plus 

24 ‘‘(II) 50 percent, multiplied by— 


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1 ‘‘(aa) the total amount ex2 pended by the State for basic as3 sistance, non-recurrent short 

4 term benefits, and emergency as5 sistance in fiscal year 2019, as 

6 reported by the State under sec7 tion 411; divided by 

8 ‘‘(bb) the total amount ex9 pended by the States that are not 

10 territories for basic assistance, 

11 non-recurrent short term bene12 fits, and emergency assistance in 

13 fiscal year 2019, as so reported 

14 by the States. 

15 ‘‘(B) TERRITORIES AND INDIAN TRIBES.— 

16 The Secretary shall allot among the territories 

17 and Indian tribes otherwise eligible for a grant 

18 under this part such portions of 7.5 percent of 

19 the amount specified in paragraph (2) that are 

20 not reserved under paragraph (3) as the Sec21 retary deems appropriate based on the needs of 

22 the territory or tribe involved. 

23 ‘‘(C) EXPENDITURE COMMITMENT RE24 QUIREMENT.—To receive the full amount of 

25 funding payable under this subsection, a State 


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1 or Indian tribe shall inform the Secretary as to 

2 whether it intends to use all of its allotment 

3 under this paragraph and provide that informa4 tion— 

5 ‘‘(i) in the case of a State that is not 

6 a territory, within 45 days after the date 

7 of the enactment of this subsection; or 

8 ‘‘(ii) in the case of a territory or an 

9 Indian tribe, within 90 days after such 

10 date of enactment. 

11 ‘‘(5) GRANTS.— 

12 ‘‘(A) IN GENERAL.—The Secretary shall 

13 provide funds to each State and Indian tribe to 

14 which an amount is allotted under paragraph 

15 (4), from the amount so allotted. 

16 ‘‘(B) TREATMENT OF UNUSED FUNDS.— 

17 ‘‘(i) REALLOTMENT.—The Secretary 

18 shall reallot in accordance with paragraph 

19 (4) all funds provided to any State or In20 dian tribe under this subsection that are 

21 unused, among the other States and In22 dian tribes eligible for funds under this 

23 subsection. For purposes of paragraph (4), 

24 the Secretary shall treat the funds as if inVerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00418 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319

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1 cluded in the amount specified in para2 graph (2). 

3 ‘‘(ii) PROVISION.—The Secretary shall 

4 provide funds to each such other State or 

5 Indian tribe in an amount equal to the 

6 amount so reallotted. 

7 ‘‘(6) RECIPIENT OF FUNDS PROVIDED FOR TER8 RITORIES.—In the case of a territory not operating 

9 a program funded under this part, the Secretary 

10 shall provide the funds required to be provided to 

11 the territory under this subsection, to the agency 

12 that administers the bulk of local human services 

13 programs in the territory. 

14 ‘‘(7) USE OF FUNDS.— 

15 ‘‘(A) IN GENERAL.—A State or Indian 

16 tribe to which funds are provided under this 

17 subsection may use the funds only for non-re18 current short term benefits, whether in the 

19 form of cash or in other forms. 

20 ‘‘(B) LIMITATION ON USE FOR ADMINIS21 TRATIVE EXPENSES.—A State to which funds 

22 are provided under this subsection shall not ex23 pend more than 15 percent of the funds for ad24 ministrative purposes. 


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1 ‘‘(C) NONSUPPLANTATION.—Funds pro2 vided under this subsection shall be used to 

3 supplement and not supplant other Federal, 

4 State, or tribal funds for services and activities 

5 that promote the purposes of this part. 

6 ‘‘(D) EXPENDITURE DEADLINE.— 

7 ‘‘(i) IN GENERAL.—Except as pro8 vided in clause (ii), a State or Indian tribe 

9 to which funds are provided under this 

10 subsection shall expend the funds not later 

11 than the end of fiscal year 2022. 

12 ‘‘(ii) EXCEPTION FOR REALLOTTED

13 FUNDS.—A State or Indian tribe to which 

14 funds are provided under paragraph (5)(B) 

15 shall expend the funds within 12 months 

16 after receipt. 

17 ‘‘(8) EXPENDITURE REPORTS.— 

18 ‘‘(A) IN GENERAL.—On expending all 

19 funds provided to a State or Indian tribe under 

20 this subsection, the entity shall submit to the 

21 Secretary a written report that describes how 

22 the funds were expended, which report shall be 

23 so submitted— 


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1 ‘‘(i) if the entity is a State that is not 

2 a territory, within 90 days after expendi3 ture; or 

4 ‘‘(ii) if the entity is a territory or is 

5 operating a tribal program funded under 

6 this part, within 120 days after expendi7 ture. 

8 ‘‘(B) AUTHORITY TO COLLECT AND AD9 JUST EXPENDITURE DATA.—For the purpose of 

10 determining whether a State has expended the 

11 funds provided to the State under this sub12 section, the Secretary may— 

13 ‘‘(i) develop a mechanism for col14 lecting the expenditure data; 

15 ‘‘(ii) make appropriate adjustments to 

16 the data, on a State-by-State basis, to en17 sure that the data are comparable with re18 spect to the groups of families served and 

19 the types of aid provided; and 

20 ‘‘(iii) set deadlines for making revi21 sions to the data. 

22 ‘‘(9) SUSPENSION OF TERRITORY SPENDING

23 CAP.—Section 1108 shall not apply with respect to 

24 any funds provided under this subsection. 


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1 ‘‘(10) IMPLEMENTATION.—The Secretary shall 

2 implement this subsection as soon as is practicable, 

3 pursuant to appropriate guidance to States. 

4 ‘‘(11) DEFINITIONS.—In this subsection: 

5 ‘‘(A) APPLICABLE PERIOD.—The term ‘ap6 plicable period’ means the period that begins 

7 with April 1, 2021, and ends with September 

8 30, 2022. 

9 ‘‘(B) NON-RECURRENT SHORT TERM BEN10 EFITS.—The term ‘non-recurrent short term 

11 benefits’ has the meaning given the term in 

12 OMB approved Form ACF-196R, published on 

13 July 31, 2014. 

14 ‘‘(C) STATE.—The term ‘State’ means the 

15 50 States of the United States, the District of 

16 Columbia, and the territories. 

17 ‘‘(D) TERRITORY.—The term ‘territory’ 

18 means the Commonwealth of Puerto Rico, the 

19 United States Virgin Islands, Guam, American 

20 Samoa, and the Commonwealth of the Northern 

21 Mariana Islands.’’. 


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1 Subtitle D—Elder Justice and 

2 Support Guarantee 

3 SEC. 9301. ADDITIONAL FUNDING FOR AGING AND DIS4 ABILITY SERVICES PROGRAMS. 

5 Subtitle A of title XX of the Social Security Act (42 

6 U.S.C. 1397-1397h) is amended by adding at the end the 

7 following: 

8 ‘‘SEC. 2010. ADDITIONAL FUNDING FOR AGING AND DIS9 ABILITY SERVICES PROGRAMS. 

10 ‘‘(a) APPROPRIATION.—In addition to amounts oth11 erwise available, there is appropriated for fiscal year 2021, 

12 out of any money in the Treasury not otherwise appro13 priated, $276,000,000, to remain available until expended, 

14 to carry out the programs described in subtitle B. 

15 ‘‘(b) USE OF FUNDS.— 

16 ‘‘(1) IN GENERAL.—Of the amounts made 

17 available by subsection (a)— 

18 ‘‘(A) $88,000,000 shall be made available 

19 to carry out the programs described in subtitle 

20 B in fiscal year 2021, of which not less than an 

21 amount equal to $100,0000,000 minus the 

22 amount previously provided in fiscal year 2021 

23 to carry out section 2042(b) shall be made 

24 available to carry out such section; and 


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1 ‘‘(B) $188,000,000 shall be made available 

2 to carry out the programs described in subtitle 

3 B in fiscal year 2022, of which not less than 

4 $100,000,000 shall be for activities described in 

5 section 2042(b). 

6 ‘‘(2) SERVICES FOR ALL ADULTS.—The 

7 amounts made available by subsection (a) of this 

8 section to carry out section 2042(b) may be used to 

9 provide services under programs described in section 

10 2042(b) for all adults.’’. 

11 Subtitle E—Support to Skilled 

12 Nursing Facilities in Response 

13 to COVID–19 

14 SEC. 9401. PROVIDING FOR INFECTION CONTROL SUPPORT 

15 TO SKILLED NURSING FACILITIES THROUGH 

16 CONTRACTS WITH QUALITY IMPROVEMENT 

17 ORGANIZATIONS. 

18 Section 1862(g) of the Social Security Act (42 U.S.C. 

19 1395y(g)) is amended— 

20 (1) by striking ‘‘The Secretary’’ and inserting 

21 ‘‘(1) The Secretary’’; and 

22 (2) by adding at the end the following new 

23 paragraph: 

24 ‘‘(2) In addition to any amounts otherwise available, 

25 there is appropriated to the Secretary, out of any monies 


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1 in the Treasury not otherwise appropriated, 

2 $200,000,000, to remain available until expended, for pur3 poses of carrying out infection control support (as deter4 mined appropriate by the Secretary) through the develop5 ment and dissemination of protocols relating to the pre6 vention or mitigation of COVID–19 in skilled nursing fa7 cilities (as defined in section 1819(a)).’’. 

8 SEC. 9402. FUNDING FOR STRIKE TEAMS FOR RESIDENT 

9 AND EMPLOYEE SAFETY IN SKILLED NURS10 ING FACILITIES. 

11 Section 1819 of the Social Security Act (42 U.S.C. 

12 1395i–3) is amended by adding at the end the following 

13 new subsection: 

14 ‘‘(k) FUNDING FOR STRIKE TEAMS.—In addition to 

15 amounts otherwise available, there is appropriated to the 

16 Secretary, out of any monies in the Treasury not otherwise 

17 appropriated, $250,000,000, to remain available until ex18 pended, for purposes of allocating such amount among the 

19 States (including the District of Columbia and each terri20 tory of the United States) to increase the capacity of such 

21 a State to respond to COVID–19 by allowing such a State 

22 to establish and implement a strike team that will be de23 ployed to a skilled nursing facility in the State with diag24 nosed or suspected cases of COVID–19 among residents 

25 or staff for the purposes of assisting with clinical care, 


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1 infection control, or staffing during the emergency period 

2 described in section 1135(g)(1)(B).’’. 

3 Subtitle F—Preserving Health 

4 Benefits for Workers 

5 SEC. 9500. SHORT TITLE. 

6 This subtitle may be cited as the ‘‘Worker Health 

7 Coverage Protection Act’’. 

8 SEC. 9501. PRESERVING HEALTH BENEFITS FOR WORKERS. 

9 (a) PREMIUM ASSISTANCE FOR COBRA CONTINU10 ATION COVERAGE FOR INDIVIDUALS AND THEIR FAMI11 LIES.— 

12 (1) PROVISION OF PREMIUM ASSISTANCE.— 

13 (A) REDUCTION OF PREMIUMS PAY14 ABLE.—In the case of any premium for a pe15 riod of coverage during the period beginning on 

16 the first day of the first month beginning after 

17 the date of the enactment of this Act, and end18 ing on September 30, 2021, for COBRA con19 tinuation coverage with respect to any assist20 ance eligible individual described in paragraph 

21 (3), such individual shall be treated for pur22 poses of any COBRA continuation provision as 

23 having paid the amount of such premium if 

24 such individual pays (or any person other than 

25 such individual’s employer pays on behalf of 


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1 such individual) 15 percent of the amount of 

2 such premium. 

3 (B) PLAN ENROLLMENT OPTION.— 

4 (i) IN GENERAL.—Notwithstanding 

5 the COBRA continuation provisions, any 

6 assistance eligible individual who is en7 rolled in a group health plan offered by a 

8 plan sponsor may, not later than 90 days 

9 after the date of notice of the plan enroll10 ment option described in this subpara11 graph, elect to enroll in coverage under a 

12 plan offered by such plan sponsor that is 

13 different than coverage under the plan in 

14 which such individual was enrolled at the 

15 time, in the case of any assistance eligible 

16 individual described in paragraph (3), the 

17 qualifying event specified in section 603(2) 

18 of the Employee Retirement Income Secu19 rity Act of 1974, section 4980B(f)(3)(B) 

20 of the Internal Revenue Code of 1986, or 

21 section 2203(2) of the Public Health Serv22 ice Act, except for the voluntary termi23 nation of such individual’s employment by 

24 such individual, occurred, and such cov25 erage shall be treated as COBRA continuVerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00427 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319

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1 ation coverage for purposes of the applica2 ble COBRA continuation coverage provi3 sion. 

4 (ii) REQUIREMENTS.—Any assistance 

5 eligible individual may elect to enroll in 

6 different coverage as described in clause (i) 

7 only if— 

8 (I) the employer involved has 

9 made a determination that such em10 ployer will permit such assistance eli11 gible individual to enroll in different 

12 coverage as provided under this sub13 paragraph; 

14 (II) the premium for such dif15 ferent coverage does not exceed the 

16 premium for coverage in which such 

17 individual was enrolled at the time 

18 such qualifying event occurred; 

19 (III) the different coverage in 

20 which the individual elects to enroll is 

21 coverage that is also offered to simi22 larly situated active employees of the 

23 employer at the time at which such 

24 election is made; and 


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1 (IV) the different coverage in 

2 which the individual elects to enroll is 

3 not— 

4 (aa) coverage that provides 

5 only excepted benefits as defined 

6 in section 9832(c) of the Internal 

7 Revenue Code of 1986, section 

8 733(c) of the Employee Retire9 ment Income Security Act of 

10 1974, and section 2791(c) of the 

11 Public Health Service Act; 

12 (bb) a qualified small em13 ployer health reimbursement ar14 rangement (as defined in section 

15 9831(d)(2) of the Internal Rev16 enue Code of 1986); or 

17 (cc) a flexible spending ar18 rangement (as defined in section 

19 106(c)(2) of the Internal Rev20 enue Code of 1986). 

21 (2) LIMITATION OF PERIOD OF PREMIUM AS22 SISTANCE.— 

23 (A) ELIGIBILITY FOR ADDITIONAL COV24 ERAGE.—Paragraph (1)(A) shall not apply with 

25 respect to any assistance eligible individual deVerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00429 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319

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1 scribed in paragraph (3) for months of coverage 

2 beginning on or after the earlier of— 

3 (i) the first date that such individual 

4 is eligible for coverage under any other 

5 group health plan (other than coverage 

6 consisting of only excepted benefits (as de7 fined in section 9832(c) of the Internal 

8 Revenue Code of 1986, section 733(c) of 

9 the Employee Retirement Income Security 

10 Act of 1974, and section 2791(c) of the 

11 Public Health Service Act), coverage under 

12 a flexible spending arrangement (as de13 fined in section 106(c)(2) of the Internal 

14 Revenue Code of 1986), coverage under a 

15 qualified small employer health reimburse16 ment arrangement (as defined in section 

17 9831(d)(2) of the Internal Revenue Code 

18 of 1986)), or eligible for benefits under the 

19 Medicare program under title XVIII of the 

20 Social Security Act; or 

21 (ii) the earlier of— 

22 (I) the date following the expira23 tion of the maximum period of con24 tinuation coverage required under the 


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1 applicable COBRA continuation cov2 erage provision; or 

3 (II) the date following the expira4 tion of the period of continuation cov5 erage allowed under paragraph 

6 (4)(B)(ii). 

7 (B) NOTIFICATION REQUIREMENT.—Any 

8 assistance eligible individual shall notify the 

9 group health plan with respect to which para10 graph (1)(A) applies if such paragraph ceases 

11 to apply by reason of clause (i) of subparagraph 

12 (A) (as applicable). Such notice shall be pro13 vided to the group health plan in such time and 

14 manner as may be specified by the Secretary of 

15 Labor. 

16 (3) ASSISTANCE ELIGIBLE INDIVIDUAL.—For 

17 purposes of this section, the term ‘‘assistance eligible 

18 individual’’ means, with respect to a period of cov19 erage during the period beginning on the first day 

20 of the first month beginning after the date of the en21 actment of this Act, and ending on September 30, 

22 2021, any individual that is a qualified beneficiary 

23 who— 

24 (A) is eligible for COBRA continuation 

25 coverage by reason of a qualifying event speciVerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00431 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319

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1 fied in section 603(2) of the Employee Retire2 ment Income Security Act of 1974, section 

3 4980B(f)(3)(B) of the Internal Revenue Code 

4 of 1986, or section 2203(2) of the Public 

5 Health Service Act, except for the voluntary 

6 termination of such individual’s employment by 

7 such individual; and 

8 (B) elects such coverage. 

9 (4) EXTENSION OF ELECTION PERIOD AND EF10 FECT ON COVERAGE.— 

11 (A) IN GENERAL.—For purposes of apply12 ing section 605(a) of the Employee Retirement 

13 Income Security Act of 1974, section 

14 4980B(f)(5)(A) of the Internal Revenue Code 

15 of 1986, and section 2205(a) of the Public 

16 Health Service Act, in the case of— 

17 (i) an individual who does not have an 

18 election of COBRA continuation coverage 

19 in effect on the first day of the first month 

20 beginning after the date of the enactment 

21 of this Act but who would be an assistance 

22 eligible individual described in paragraph 

23 (3) if such election were so in effect; or 

24 (ii) an individual who elected COBRA 

25 continuation coverage and discontinued 


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1 from such coverage before the first day of 

2 the first month beginning after the date of 

3 the enactment of this Act, 

4 such individual may elect the COBRA continu5 ation coverage under the COBRA continuation 

6 coverage provisions containing such provisions 

7 during the period beginning on the first day of 

8 the first month beginning after the date of the 

9 enactment of this Act and ending 60 days after 

10 the date on which the notification required 

11 under paragraph (6)(C) is provided to such in12 dividual. 

13 (B) COMMENCEMENT OF COBRA CONTINU14 ATION COVERAGE.—Any COBRA continuation 

15 coverage elected by a qualified beneficiary dur16 ing an extended election period under subpara17 graph (A)— 

18 (i) shall commence (including for pur19 poses of applying the treatment of pre20 mium payments under paragraph (1)(A) 

21 and any cost-sharing requirements for 

22 items and services under a group health 

23 plan) with the first period of coverage be24 ginning on or after the first day of the 


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1 first month beginning after the date of the 

2 enactment of this Act, and 

3 (ii) shall not extend beyond the period 

4 of COBRA continuation coverage that 

5 would have been required under the appli6 cable COBRA continuation coverage provi7 sion if the coverage had been elected as re8 quired under such provision. 

9 (5) EXPEDITED REVIEW OF DENIALS OF PRE10 MIUM ASSISTANCE.—In any case in which an indi11 vidual requests treatment as an assistance eligible 

12 individual described in paragraph (3) and is denied 

13 such treatment by the group health plan, the Sec14 retary of Labor (or the Secretary of Health and 

15 Human Services in connection with COBRA con16 tinuation coverage which is provided other than pur17 suant to part 6 of subtitle B of title I of the Em18 ployee Retirement Income Security Act of 1974), in 

19 consultation with the Secretary of the Treasury, 

20 shall provide for expedited review of such denial. An 

21 individual shall be entitled to such review upon ap22 plication to such Secretary in such form and manner 

23 as shall be provided by such Secretary, in consulta24 tion with the Secretary of the Treasury. Such Sec25 retary shall make a determination regarding such inVerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00434 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319

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1 dividual’s eligibility within 15 business days after re2 ceipt of such individual’s application for review 

3 under this paragraph. Such Secretary’s determina4 tion upon review of the denial shall be de novo and 

5 shall be the final determination of such Secretary. A 

6 reviewing court shall grant deference to such Sec7 retary’s determination. The provisions of this para8 graph, paragraphs (1) through (4), and paragraphs 

9 (6) through (7) shall be treated as provisions of title 

10 I of the Employee Retirement Income Security Act 

11 of 1974 for purposes of part 5 of subtitle B of such 

12 title. 

13 (6) NOTICES TO INDIVIDUALS.— 

14 (A) GENERAL NOTICE.— 

15 (i) IN GENERAL.—In the case of no16 tices provided under section 606(a)(4) of 

17 the Employee Retirement Income Security 

18 Act of 1974 (29 U.S.C. 1166(4)), section 

19 4980B(f)(6)(D) of the Internal Revenue 

20 Code of 1986, or section 2206(4) of the 

21 Public Health Service Act (42 U.S.C. 

22 300bb–6(4)), with respect to individuals 

23 who, during the period described in para24 graph (3), become entitled to elect COBRA 

25 continuation coverage, the requirements of 


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1 such provisions shall not be treated as met 

2 unless such notices include an additional 

3 written notification to the recipient in clear 

4 and understandable language of— 

5 (I) the availability of premium 

6 assistance with respect to such cov7 erage under this subsection; and 

8 (II) the option to enroll in dif9 ferent coverage if the employer per10 mits assistance eligible individuals de11 scribed in paragraph (3) to elect en12 rollment in different coverage (as de13 scribed in paragraph (1)(B)). 

14 (ii) ALTERNATIVE NOTICE.—In the 

15 case of COBRA continuation coverage to 

16 which the notice provision under such sec17 tions does not apply, the Secretary of 

18 Labor, in consultation with the Secretary 

19 of the Treasury and the Secretary of 

20 Health and Human Services, shall, in con21 sultation with administrators of the group 

22 health plans (or other entities) that provide 

23 or administer the COBRA continuation 

24 coverage involved, provide rules requiring 

25 the provision of such notice. 


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1 (iii) FORM.—The requirement of the 

2 additional notification under this subpara3 graph may be met by amendment of exist4 ing notice forms or by inclusion of a sepa5 rate document with the notice otherwise 

6 required. 

7 (B) SPECIFIC REQUIREMENTS.—Each ad8 ditional notification under subparagraph (A) 

9 shall include— 

10 (i) the forms necessary for estab11 lishing eligibility for premium assistance 

12 under this subsection; 

13 (ii) the name, address, and telephone 

14 number necessary to contact the plan ad15 ministrator and any other person main16 taining relevant information in connection 

17 with such premium assistance; 

18 (iii) a description of the extended elec19 tion period provided for in paragraph 

20 (4)(A); 

21 (iv) a description of the obligation of 

22 the qualified beneficiary under paragraph 

23 (2)(B) and the penalty provided under sec24 tion 6720C of the Internal Revenue Code 


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1 of 1986 for failure to carry out the obliga2 tion; 

3 (v) a description, displayed in a 

4 prominent manner, of the qualified bene5 ficiary’s right to a reduced premium and 

6 any conditions on entitlement to the re7 duced premium; and 

8 (vi) a description of the option of the 

9 qualified beneficiary to enroll in different 

10 coverage if the employer permits such ben11 eficiary to elect to enroll in such different 

12 coverage under paragraph (1)(B). 

13 (C) NOTICE IN CONNECTION WITH EX14 TENDED ELECTION PERIODS.—In the case of 

15 any assistance eligible individual described in 

16 paragraph (3) (or any individual described in 

17 paragraph (4)(A)) who became entitled to elect 

18 COBRA continuation coverage before the first 

19 day of the first month beginning after the date 

20 of the enactment of this Act, the administrator 

21 of the applicable group health plan (or other 

22 entity) shall provide (within 60 days after such 

23 first day of such first month) for the additional 

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1 tice shall be treated as a failure to meet the no2 tice requirements under the applicable COBRA 

3 continuation provision. 

4 (D) MODEL NOTICES.—Not later than 30 

5 days after the date of enactment of this Act, 

6 with respect to any assistance eligible individual 

7 described in paragraph (3), the Secretary of 

8 Labor, in consultation with the Secretary of the 

9 Treasury and the Secretary of Health and 

10 Human Services, shall prescribe models for the 

11 additional notification required under this para12 graph. 

13 (7) NOTICE OF EXPIRATION OF PERIOD OF

14 PREMIUM ASSISTANCE.— 

15 (A) IN GENERAL.—With respect to any as16 sistance eligible individual, subject to subpara17 graph (B), the requirements of section 

18 606(a)(4) of the Employee Retirement Income 

19 Security Act of 1974 (29 U.S.C. 1166(4)), sec20 tion 4980B(f)(6)(D) of the Internal Revenue 

21 Code of 1986, or section 2206(4) of the Public 

22 Health Service Act (42 U.S.C. 300bb–6(4)), 

23 shall not be treated as met unless the plan ad24 ministrator of the individual, during the period 

25 specified under subparagraph (C), provides to 


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1 such individual a written notice in clear and un2 derstandable language— 

3 (i) that the premium assistance for 

4 such individual will expire soon and the 

5 prominent identification of the date of 

6 such expiration; and 

7 (ii) that such individual may be eligi8 ble for coverage without any premium as9 sistance through— 

10 (I) COBRA continuation cov11 erage; or 

12 (II) coverage under a group 

13 health plan. 

14 (B) EXCEPTION.—The requirement for the 

15 group health plan administrator to provide the 

16 written notice under subparagraph (A) shall be 

17 waived if the premium assistance for such indi18 vidual expires pursuant to clause (i) of para19 graph (2)(A). 

20 (C) PERIOD SPECIFIED.—For purposes of 

21 subparagraph (A), the period specified in this 

22 subparagraph is, with respect to the date of ex23 piration of premium assistance for any assist24 ance eligible individual pursuant to a limitation 

25 requiring a notice under this paragraph, the peVerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00440 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319

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1 riod beginning on the day that is 45 days before 

2 the date of such expiration and ending on the 

3 day that is 15 days before the date of such ex4 piration. 

5 (D) MODEL NOTICES.—Not later than 45 

6 days after the date of enactment of this Act, 

7 with respect to any assistance eligible indi8 vidual, the Secretary of Labor, in consultation 

9 with the Secretary of the Treasury and the Sec10 retary of Health and Human Services, shall 

11 prescribe models for the notification required 

12 under this paragraph. 

13 (8) REGULATIONS.—The Secretary of the 

14 Treasury and the Secretary of Labor may jointly 

15 prescribe such regulations or other guidance as may 

16 be necessary or appropriate to carry out the provi17 sions of this subsection, including the prevention of 

18 fraud and abuse under this subsection, except that 

19 the Secretary of Labor and the Secretary of Health 

20 and Human Services may prescribe such regulations 

21 (including interim final regulations) or other guid22 ance as may be necessary or appropriate to carry 

23 out the provisions of paragraphs (5), (6), (7), and 

24 (9). 

25 (9) OUTREACH.— 


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1 (A) IN GENERAL.—The Secretary of 

2 Labor, in consultation with the Secretary of the 

3 Treasury and the Secretary of Health and 

4 Human Services, shall provide outreach con5 sisting of public education and enrollment as6 sistance relating to premium assistance pro7 vided under this subsection. Such outreach shall 

8 target employers, group health plan administra9 tors, public assistance programs, States, insur10 ers, and other entities as determined appro11 priate by such Secretaries. Such outreach shall 

12 include an initial focus on those individuals 

13 electing continuation coverage who are referred 

14 to in paragraph (6)(C). Information on such 

15 premium assistance, including enrollment, shall 

16 also be made available on websites of the De17 partments of Labor, Treasury, and Health and 

18 Human Services. 

19 (B) ENROLLMENT UNDER MEDICARE.— 

20 The Secretary of Health and Human Services 

21 shall provide outreach consisting of public edu22 cation. Such outreach shall target individuals 

23 who lose health insurance coverage. Such out24 reach shall include information regarding en25 rollment for benefits under title XVIII of the 


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1 Social Security Act (42 U.S.C. 1395 et seq.) for 

2 purposes of preventing mistaken delays of such 

3 enrollment by such individuals, including life4 time penalties for failure of timely enrollment. 

5 (10) DEFINITIONS.—For purposes of this sec6 tion: 

7 (A) ADMINISTRATOR.—The term ‘‘admin8 istrator’’ has the meaning given such term in 

9 section 3(16)(A) of the Employee Retirement 

10 Income Security Act of 1974. 

11 (B) COBRA CONTINUATION COVERAGE.— 

12 The term ‘‘COBRA continuation coverage’’ 

13 means continuation coverage provided pursuant 

14 to part 6 of subtitle B of title I of the Em15 ployee Retirement Income Security Act of 1974 

16 (other than under section 609), title XXII of 

17 the Public Health Service Act, or section 

18 4980B of the Internal Revenue Code of 1986 

19 (other than subsection (f)(1) of such section in20 sofar as it relates to pediatric vaccines), or 

21 under a State program that provides com22 parable continuation coverage. Such term does 

23 not include coverage under a health flexible 

24 spending arrangement under a cafeteria plan 


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1 within the meaning of section 125 of the Inter2 nal Revenue Code of 1986. 

3 (C) COBRA CONTINUATION PROVISION.— 

4 The term ‘‘COBRA continuation provision’’ 

5 means the provisions of law described in sub6 paragraph (B). 

7 (D) COVERED EMPLOYEE.—The term 

8 ‘‘covered employee’’ has the meaning given such 

9 term in section 607(2) of the Employee Retire10 ment Income Security Act of 1974. 

11 (E) QUALIFIED BENEFICIARY.—The term 

12 ‘‘qualified beneficiary’’ has the meaning given 

13 such term in section 607(3) of the Employee 

14 Retirement Income Security Act of 1974. 

15 (F) GROUP HEALTH PLAN.—The term 

16 ‘‘group health plan’’ has the meaning given 

17 such term in section 607(1) of the Employee 

18 Retirement Income Security Act of 1974. 

19 (G) STATE.—The term ‘‘State’’ includes 

20 the District of Columbia, the Commonwealth of 

21 Puerto Rico, the Virgin Islands, Guam, Amer22 ican Samoa, and the Commonwealth of the 

23 Northern Mariana Islands. 

24 (H) PERIOD OF COVERAGE.—Any ref25 erence in this subsection to a period of coverage 


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1 shall be treated as a reference to a monthly or 

2 shorter period of coverage with respect to which 

3 premiums are charged with respect to such cov4 erage. 

5 (I) PLAN SPONSOR.—The term ‘‘plan 

6 sponsor’’ has the meaning given such term in 

7 section 3(16)(B) of the Employee Retirement 

8 Income Security Act of 1974. 

9 (J) PREMIUM.—The term ‘‘premium’’ in10 cludes, with respect to COBRA continuation 

11 coverage, any administrative fee. 

12 (11) IMPLEMENTATION FUNDING.—In addition 

13 to amounts otherwise made available, out of any 

14 funds in the Treasury not otherwise appropriated, 

15 there are appropriated to the Secretary of Labor for 

16 fiscal year 2021, $10,000,000, to remain available 

17 until expended, for the Employee Benefits Security 

18 Administration to carry out the provisions of this 

19 subtitle. 

20 (b) COBRA PREMIUM ASSISTANCE.— 

21 (1) ALLOWANCE OF CREDIT.— 

22 (A) IN GENERAL.—Subchapter B of chap23 ter 65 of the Internal Revenue Code of 1986 is 

24 amended by adding at the end the following 

25 new section: 


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1 ‘‘SEC. 6432. CONTINUATION COVERAGE PREMIUM ASSIST2 ANCE. 

3 ‘‘(a) IN GENERAL.—The person to whom premiums 

4 are payable for continuation coverage under section 

5 9501(a)(1) of the Worker Health Coverage Protection Act 

6 shall be allowed as a credit against the tax imposed by 

7 section 3111(b), or so much of the taxes imposed under 

8 section 3221(a) as are attributable to the rate in effect 

9 under section 3111(b), for each calendar quarter an 

10 amount equal to the premiums not paid by assistance eligi11 ble individuals for such coverage by reason of such section 

12 9501(a)(1) with respect to such calendar quarter. 

13 ‘‘(b) PERSON TO WHOM PREMIUMS ARE PAYABLE.— 

14 For purposes of subsection (a), except as otherwise pro15 vided by the Secretary, the person to whom premiums are 

16 payable under such continuation coverage shall be treated 

17 as being— 

18 ‘‘(1) in the case of any group health plan which 

19 is a multiemployer plan (as defined in section 3(37) 

20 of the Employee Retirement Income Security Act of 

21 1974), the plan, 

22 ‘‘(2) in the case of any group health plan not 

23 described in paragraph (1), and under which some 

24 or all of the coverage is not provided by insurance, 

25 the employer maintaining the plan, and 


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1 ‘‘(3) in the case of any group health plan not 

2 described in paragraph (1) or (2), the insurer pro3 viding the coverage under the group health plan. 

4 ‘‘(c) LIMITATIONS AND REFUNDABILITY.— 

5 ‘‘(1) CREDIT LIMITED TO CERTAIN EMPLOY6 MENT TAXES.—The credit allowed by subsection (a) 

7 with respect to any calendar quarter shall not exceed 

8 the tax imposed by section 3111(b), or so much of 

9 the taxes imposed under section 3221(a) as are at10 tributable to the rate in effect under section 

11 3111(b), for such calendar quarter (reduced by any 

12 credits allowed against such taxes under sections 

13 7001 and 7003 of the Families First Coronavirus 

14 Response Act and section 2301 of the CARES Act) 

15 on the wages paid with respect to the employment 

16 of all employees of the employer. 

17 ‘‘(2) REFUNDABILITY OF EXCESS CREDIT.— 

18 ‘‘(A) CREDIT IS REFUNDABLE.—If the 

19 amount of the credit under subsection (a) ex20 ceeds the limitation of paragraph (1) for any 

21 calendar quarter, such excess shall be treated 

22 as an overpayment that shall be refunded under 

23 sections 6402(a) and 6413(b). 

24 ‘‘(B) CREDIT MAY BE ADVANCED.—In an25 ticipation of the credit, including the refundable 


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1 portion under subparagraph (A), the credit may 

2 be advanced, according to forms and instruc3 tions provided by the Secretary, up to an 

4 amount calculated under subsection (a) through 

5 the end of the most recent payroll period in the 

6 quarter. 

7 ‘‘(C) TREATMENT OF DEPOSITS.—The 

8 Secretary shall waive any penalty under section 

9 6656 for any failure to make a deposit of the 

10 tax imposed by section 3111(b), or so much of 

11 the taxes imposed under section 3221(a) as are 

12 attributable to the rate in effect under section 

13 3111(b), if the Secretary determines that such 

14 failure was due to the anticipation of the credit 

15 allowed under this section. 

16 ‘‘(D) TREATMENT OF PAYMENTS.—For 

17 purposes of section 1324 of title 31, United 

18 States Code, any amounts due to an employer 

19 under this paragraph shall be treated in the 

20 same manner as a refund due from a credit 

21 provision referred to in subsection (b)(2) of 

22 such section. 

23 ‘‘(3) OVERSTATEMENTS.—Any overstatement of 

24 the credit to which a person is entitled under this 

25 section (and any amount paid by the Secretary as a 


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1 result of such overstatement) shall be treated as an 

2 underpayment by such person of the taxes described 

3 in paragraph (1) and may be assessed and collected 

4 by the Secretary in the same manner as such taxes. 

5 ‘‘(d) GOVERNMENTAL ENTITIES.—For purposes of 

6 this section, the term ‘person’ includes the government of 

7 any State or political subdivision thereof, any Indian tribal 

8 government (as defined in section 139E(c)(1)), any agency 

9 or instrumentality of any of the foregoing, and any agency 

10 or instrumentality of the Government of the United States 

11 that is described in section 501(c)(1) and exempt from 

12 taxation under section 501(a). 

13 ‘‘(e) DENIAL OF DOUBLE BENEFIT.—For purposes 

14 of chapter 1, the gross income of any person allowed a 

15 credit under this section shall be increased for the taxable 

16 year which includes the last day of any calendar quarter 

17 with respect to which such credit is allowed by the amount 

18 of such credit. No amount for which a credit is allowed 

19 under this section shall be taken into account as qualified 

20 wages under section 2301 of the CARES Act or as quali21 fied health plan expenses under section 7001(d) or 

22 7003(d) of the Families First Coronavirus Response Act. 

23 ‘‘(f) REGULATIONS.—The Secretary shall issue such 

24 regulations, or other guidance, forms, instructions, and 


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1 publications, as may be necessary or appropriate to carry 

2 out this section, including— 

3 ‘‘(1) the requirement to report information or 

4 the establishment of other methods for verifying the 

5 correct amounts of reimbursements under this sec6 tion, 

7 ‘‘(2) the application of this section to group 

8 health plans that are multiemployer plans (as de9 fined in section 3(37) of the Employee Retirement 

10 Income Security Act of 1974), 

11 ‘‘(3) to allow the advance payment of the credit 

12 determined under subsection (a), subject to the limi13 tations provided in this section, based on such infor14 mation as the Secretary shall require, 

15 ‘‘(4) to provide for the reconciliation of such 

16 advance payment with the amount of the credit at 

17 the time of filing the return of tax for the applicable 

18 quarter or taxable year, and 

19 ‘‘(5) allowing the credit to third party payors 

20 (including professional employer organizations, cer21 tified professional employer organizations, or agents 

22 under section 3504).’’. 

23 (B) CLERICAL AMENDMENT.—The table of 

24 sections for subchapter B of chapter 65 of the 


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1 Internal Revenue Code of 1986 is amended by 

2 adding at the end the following new item: 

‘‘Sec. 6432. Continuation coverage premium assistance.’’. 

3 (C) EFFECTIVE DATE.—The amendments 

4 made by this paragraph shall apply to pre5 miums to which subsection (a)(1)(A) applies 

6 and wages paid on or after April 1, 2021. 

7 (D) SPECIAL RULE IN CASE OF EMPLOYEE

8 PAYMENT THAT IS NOT REQUIRED UNDER THIS

9 SECTION.— 

10 (i) IN GENERAL.—In the case of an 

11 assistance eligible individual who pays, 

12 with respect any period of coverage to 

13 which subsection (a)(1)(A) applies, the 

14 amount of the premium for such coverage 

15 that the individual would have (but for this 

16 Act) been required to pay, the person to 

17 whom such payment is payable shall reim18 burse such individual for the amount of 

19 such premium paid in excess of the 

20 amount required to be paid under sub21 section (a)(1)(A). 

22 (ii) CREDIT OF REIMBURSEMENT.—A 

23 person to which clause (i) applies shall be 

24 allowed a credit in the manner provided 

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1 enue Code of 1986 for any payment made 

2 to the employee under such clause. 

3 (iii) PAYMENT OF CREDITS.—Any 

4 person to which clause (i) applies shall 

5 make the payment required under such 

6 clause to the individual not later than 60 

7 days after the date on which such indi8 vidual elects continuation coverage under 

9 subsection (a)(1). 

10 (2) PENALTY FOR FAILURE TO NOTIFY HEALTH

11 PLAN OF CESSATION OF ELIGIBILITY FOR PREMIUM

12 ASSISTANCE.— 

13 (A) IN GENERAL.—Part I of subchapter B 

14 of chapter 68 of the Internal Revenue Code of 

15 1986 is amended by adding at the end the fol16 lowing new section: 

17 ‘‘SEC. 6720C. PENALTY FOR FAILURE TO NOTIFY HEALTH 

18 PLAN OF CESSATION OF ELIGIBILITY FOR 

19 CONTINUATION COVERAGE PREMIUM ASSIST20 ANCE. 

21 ‘‘(a) IN GENERAL.—Except in the case of a failure 

22 described in subsection (b) or (c), any person required to 

23 notify a group health plan under section 9501(a)(2)(B) 

24 of the Worker Health Coverage Protection Act who fails 

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1 ner as the Secretary of Labor may require shall pay a 

2 penalty of $250 for each such failure. 

3 ‘‘(b) INTENTIONAL FAILURE.—In the case of any 

4 such failure that is fraudulent, such person shall pay a 

5 penalty equal to the greater of— 

6 ‘‘(1) $250, or 

7 ‘‘(2) 110 percent of the premium assistance 

8 provided under section 9501(a)(1)(A) of the Worker 

9 Health Coverage Protection Act after termination of 

10 eligibility under such section. 

11 ‘‘(c) REASONABLE CAUSE EXCEPTION.—No penalty 

12 shall be imposed under this section with respect to any 

13 failure if it is shown that such failure is due to reasonable 

14 cause and not to willful neglect.’’. 

15 (B) CLERICAL AMENDMENT.—The table of 

16 sections of part I of subchapter B of chapter 68 

17 of such Code is amended by adding at the end 

18 the following new item: 

‘‘Sec. 6720C. Penalty for failure to notify health plan of cessation of eligibility 

for continuation coverage premium assistance.’’. 

19 (3) COORDINATION WITH HCTC.— 

20 (A) IN GENERAL.—Section 35(g)(9) of the 

21 Internal Revenue Code of 1986 is amended to 

22 read as follows: 

23 ‘‘(9) CONTINUATION COVERAGE PREMIUM AS24 SISTANCE.—In the case of an assistance eligible inVerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00453 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319

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1 dividual who receives premium assistance for con2 tinuation coverage under section 9501(a)(1) of the 

3 Worker Health Coverage Protection Act for any 

4 month during the taxable year, such individual shall 

5 not be treated as an eligible individual, a certified 

6 individual, or a qualifying family member for pur7 poses of this section or section 7527 with respect to 

8 such month.’’. 

9 (B) EFFECTIVE DATE.—The amendment 

10 made by subparagraph (A) shall apply to tax11 able years ending after the date of the enact12 ment of this Act. 

13 (4) EXCLUSION OF CONTINUATION COVERAGE

14 PREMIUM ASSISTANCE FROM GROSS INCOME.— 

15 (A) IN GENERAL.—Part III of subchapter 

16 B of chapter 1 of the Internal Revenue Code of 

17 1986 is amended by inserting after section 

18 139H the following new section: 

19 ‘‘SEC. 139I. CONTINUATION COVERAGE PREMIUM ASSIST20 ANCE. 

21 ‘‘In the case of an assistance eligible individual (as 

22 defined in subsection (a)(3) of section 9501 of the Worker 

23 Health Coverage Protection Act), gross income does not 

24 include any premium assistance provided under subsection 

25 (a)(1) of such section.’’. 


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1 (B) CLERICAL AMENDMENT.—The table of 

2 sections for part III of subchapter B of chapter 

3 1 of such Code is amended by inserting after 

4 the item relating to section 139H the following 

5 new item: 

‘‘Sec. 139I. Continuation coverage premium assistance.’’. 

6 (C) EFFECTIVE DATE.—The amendments 

7 made by this paragraph shall apply to taxable 

8 years ending after the date of the enactment of 

9 this Act. 

10 Subtitle G—Promoting Economic 

11 Security 

12 PART 1—2021 RECOVERY REBATES TO 

13 INDIVIDUALS 

14 SEC. 9601. 2021 RECOVERY REBATES TO INDIVIDUALS. 

15 (a) IN GENERAL.—Subchapter B of chapter 65 of the 

16 Internal Revenue Code of 1986 is amended by inserting 

17 after section 6428A the following new section: 

18 ‘‘SEC. 6428B. 2021 RECOVERY REBATES TO INDIVIDUALS. 

19 ‘‘(a) IN GENERAL.—In the case of an eligible indi20 vidual, there shall be allowed as a credit against the tax 

21 imposed by subtitle A for the first taxable year beginning 

22 in 2021 an amount equal to the 2021 rebate amount de23 termined for such taxable year. 


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1 ‘‘(b) 2021 REBATE AMOUNT.—For purposes of this 

2 section, the term ‘2021 rebate amount’ means, with re3 spect to any taxpayer for any taxable year, the sum of— 

4 ‘‘(1) $1,400 ($2,800 in the case of a joint re5 turn), plus 

6 ‘‘(2) $1,400 multiplied by the number of de7 pendents of the taxpayer for such taxable year. 

8 ‘‘(c) ELIGIBLE INDIVIDUAL.—For purposes of this 

9 section, the term ‘eligible individual’ means any individual 

10 other than— 

11 ‘‘(1) any nonresident alien individual, 

12 ‘‘(2) any individual who is a dependent of an13 other taxpayer for a taxable year beginning in the 

14 calendar year in which the individual’s taxable year 

15 begins, and 

16 ‘‘(3) an estate or trust. 

17 ‘‘(d) LIMITATION BASED ON ADJUSTED GROSS IN18 COME.— 

19 ‘‘(1) IN GENERAL.—The amount of the credit 

20 allowed by subsection (a) (determined without re21 gard to this subsection and subsection (f)) shall be 

22 reduced (but not below zero) by the amount which 

23 bears the same ratio to such credit (as so deter24 mined) as— 

25 ‘‘(A) the excess of— 


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1 ‘‘(i) the taxpayer’s adjusted gross in2 come for such taxable year, over 

3 ‘‘(ii) $75,000, bears to 

4 ‘‘(B) $25,000. 

5 ‘‘(2) SPECIAL RULES.— 

6 ‘‘(A) JOINT RETURN OR SURVIVING

7 SPOUSE.—In the case of a joint return or a sur8 viving spouse (as defined in section 2(a)), para9 graph (1) shall be applied by substituting 

10 ‘$150,000’ for ‘$75,000’ and ‘$50,000’ for 

11 ‘$25,000’. 

12 ‘‘(B) HEAD OF HOUSEHOLD.—In the case 

13 of a head of household (as defined in section 

14 2(b)), paragraph (1) shall be applied by sub15 stituting ‘$112,500’ for ‘$75,000’ and 

16 ‘$37,500’ for ‘$25,000’. 

17 ‘‘(e) DEFINITIONS AND SPECIAL RULES.— 

18 ‘‘(1) DEPENDENT DEFINED.—For purposes of 

19 this section, the term ‘dependent’ has the meaning 

20 given such term by section 152. 

21 ‘‘(2) IDENTIFICATION NUMBER REQUIRE22 MENT.— 

23 ‘‘(A) IN GENERAL.—In the case of a re24 turn other than a joint return, the $1,400 

25 amount in subsection (b)(1) shall be treated as 


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1 being zero unless the taxpayer includes the 

2 valid identification number of the taxpayer on 

3 the return of tax for the taxable year. 

4 ‘‘(B) JOINT RETURNS.—In the case of a 

5 joint return, the $2,800 amount in subsection 

6 (b)(1) shall be treated as being— 

7 ‘‘(i) $1,400 if the valid identification 

8 number of only 1 spouse is included on the 

9 return of tax for the taxable year, and 

10 ‘‘(ii) zero if the valid identification 

11 number of neither spouse is so included. 

12 ‘‘(C) DEPENDENTS.—A dependent shall 

13 not be taken into account under subsection 

14 (b)(2) unless the valid identification number of 

15 such dependent is included on the return of tax 

16 for the taxable year. 

17 ‘‘(D) VALID IDENTIFICATION NUMBER.— 

18 ‘‘(i) IN GENERAL.—For purposes of 

19 this paragraph, the term ‘valid identifica20 tion number’ means a social security num21 ber issued to an individual by the Social 

22 Security Administration on or before the 

23 due date for filing the return for the tax24 able year. 


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1 ‘‘(ii) ADOPTION TAXPAYER IDENTI2 FICATION NUMBER.—For purposes of sub3 paragraph (C), in the case of a dependent 

4 who is adopted or placed for adoption, the 

5 term ‘valid identification number’ shall in6 clude the adoption taxpayer identification 

7 number of such dependent. 

8 ‘‘(E) SPECIAL RULE FOR MEMBERS OF

9 THE ARMED FORCES.—Subparagraph (B) shall 

10 not apply in the case where at least 1 spouse 

11 was a member of the Armed Forces of the 

12 United States at any time during the taxable 

13 year and the valid identification number of at 

14 least 1 spouse is included on the return of tax 

15 for the taxable year. 

16 ‘‘(F) COORDINATION WITH CERTAIN AD17 VANCE PAYMENTS.—In the case of any payment 

18 determined pursuant to subsection (g)(6), a 

19 valid identification number shall be treated for 

20 purposes of this paragraph as included on the 

21 taxpayer’s return of tax if such valid identifica22 tion number is available to the Secretary as de23 scribed in such subsection. 

24 ‘‘(G) MATHEMATICAL OR CLERICAL ERROR

25 AUTHORITY.—Any omission of a correct valid 


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1 identification number required under this para2 graph shall be treated as a mathematical or 

3 clerical error for purposes of applying section 

4 6213(g)(2) to such omission. 

5 ‘‘(3) CREDIT TREATED AS REFUNDABLE.—The 

6 credit allowed by subsection (a) shall be treated as 

7 allowed by subpart C of part IV of subchapter A of 

8 chapter 1. 

9 ‘‘(f) COORDINATION WITH ADVANCE REFUNDS OF

10 CREDIT.— 

11 ‘‘(1) REDUCTION OF REFUNDABLE CREDIT.— 

12 The amount of the credit which would (but for this 

13 paragraph) be allowable under subsection (a) shall 

14 be reduced (but not below zero) by the aggregate re15 funds and credits made or allowed to the taxpayer 

16 (or, except as otherwise provided by the Secretary, 

17 any dependent of the taxpayer) under subsection (g). 

18 Any failure to so reduce the credit shall be treated 

19 as arising out of a mathematical or clerical error 

20 and assessed according to section 6213(b)(1). 

21 ‘‘(2) JOINT RETURNS.—Except as otherwise 

22 provided by the Secretary, in the case of a refund 

23 or credit made or allowed under subsection (g) with 

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1 it shall be treated as having been made or allowed 

2 to each individual filing such return. 

3 ‘‘(g) ADVANCE REFUNDS AND CREDITS.— 

4 ‘‘(1) IN GENERAL.—Subject to paragraphs (5) 

5 and (6), each individual who was an eligible indi6 vidual for such individual’s first taxable year begin7 ning in 2019 shall be treated as having made a pay8 ment against the tax imposed by chapter 1 for such 

9 taxable year in an amount equal to the advance re10 fund amount for such taxable year. 

11 ‘‘(2) ADVANCE REFUND AMOUNT.— 

12 ‘‘(A) IN GENERAL.—For purposes of para13 graph (1), the advance refund amount is the 

14 amount that would have been allowed as a cred15 it under this section for such taxable year if 

16 this section (other than subsection (f) and this 

17 subsection) had applied to such taxable year. 

18 ‘‘(B) TREATMENT OF DECEASED INDIVID19 UALS.—For purposes of determining the ad20 vance refund amount with respect to such tax21 able year— 

22 ‘‘(i) any individual who was deceased 

23 before January 1, 2021, shall be treated 

24 for purposes of applying subsection (e)(2) 

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1 fication number of such person was not in2 cluded on the return of tax for such tax3 able year (except that subparagraph (E) 

4 thereof shall not apply), 

5 ‘‘(ii) notwithstanding clause (i), in the 

6 case of a joint return with respect to which 

7 only 1 spouse is deceased before January 

8 1, 2021, such deceased spouse was a mem9 ber of the Armed Forces of the United 

10 States at any time during the taxable year, 

11 and the valid identification number of such 

12 deceased spouse is included on the return 

13 of tax for the taxable year, the valid identi14 fication number of 1 (and only 1) spouse 

15 shall be treated as included on the return 

16 of tax for the taxable year for purposes of 

17 applying subsection (e)(2)(B) with respect 

18 to such joint return, and 

19 ‘‘(iii) no amount shall be determined 

20 under subsection (e)(2) with respect to any 

21 dependent of the taxpayer if the taxpayer 

22 (both spouses in the case of a joint return) 

23 was deceased before January 1, 2021. 

24 ‘‘(3) TIMING AND MANNER OF PAYMENTS.— 


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1 ‘‘(A) TIMING.—The Secretary shall, sub2 ject to the provisions of this title, refund or 

3 credit any overpayment attributable to this sub4 section as rapidly as possible, consistent with a 

5 rapid effort to make payments attributable to 

6 such overpayments electronically if appropriate. 

7 No refund or credit shall be made or allowed 

8 under this subsection after December 31, 2021. 

9 ‘‘(B) DELIVERY OF PAYMENTS.—Notwith10 standing any other provision of law, the Sec11 retary may certify and disburse refunds payable 

12 under this subsection electronically to— 

13 ‘‘(i) any account to which the payee 

14 received or authorized, on or after January 

15 1, 2019, a refund of taxes under this title 

16 or of a Federal payment (as defined in sec17 tion 3332 of title 31, United States Code), 

18 ‘‘(ii) any account belonging to a payee 

19 from which that individual, on or after 

20 January 1, 2019, made a payment of taxes 

21 under this title, or 

22 ‘‘(iii) any Treasury-sponsored account 

23 (as defined in section 208.2 of title 31, 

24 Code of Federal Regulations). 


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1 ‘‘(C) WAIVER OF CERTAIN RULES.—Not2 withstanding section 3325 of title 31, United 

3 States Code, or any other provision of law, with 

4 respect to any payment of a refund under this 

5 subsection, a disbursing official in the executive 

6 branch of the United States Government may 

7 modify payment information received from an 

8 officer or employee described in section 

9 3325(a)(1)(B) of such title for the purpose of 

10 facilitating the accurate and efficient delivery of 

11 such payment. Except in cases of fraud or reck12 less neglect, no liability under section 3325, 

13 3527, 3528, or 3529 of title 31, United States 

14 Code, shall be imposed with respect to pay15 ments made under this subparagraph. 

16 ‘‘(4) NO INTEREST.—No interest shall be al17 lowed on any overpayment attributable to this sub18 section. 

19 ‘‘(5) APPLICATION TO INDIVIDUALS WHO HAVE

20 FILED A RETURN OF TAX FOR 2020.— 

21 ‘‘(A) APPLICATION TO 2020 RETURNS

22 FILED AT TIME OF INITIAL DETERMINATION.— 

23 If, at the time of any determination made pur24 suant to paragraph (3), the individual referred 

25 to in paragraph (1) has filed a return of tax for 


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1 the individual’s first taxable year beginning in 

2 2020, paragraph (1) shall be applied with re3 spect to such individual by substituting ‘2020’ 

4 for ‘2019’. 

5 ‘‘(B) ADDITIONAL PAYMENT.— 

6 ‘‘(i) IN GENERAL.—In the case of any 

7 individual who files, before the additional 

8 payment determination date, a return of 

9 tax for such individual’s first taxable year 

10 beginning in 2020, the Secretary shall 

11 make a payment (in addition to any pay12 ment made under paragraph (1)) to such 

13 individual equal to the excess (if any) of— 

14 ‘‘(I) the amount which would be 

15 determined under paragraph (1) 

16 (after the application of subparagraph 

17 (A)) by applying paragraph (1) as of 

18 the additional payment determination 

19 date, over 

20 ‘‘(II) the amount of any payment 

21 made with respect to such individual 

22 under paragraph (1). 

23 ‘‘(ii) ADDITIONAL PAYMENT DETER24 MINATION DATE.—The term ‘additional 


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1 payment determination date’ means the 

2 earlier of— 

3 ‘‘(I) the date which is 90 days 

4 after the 2020 calendar year filing 

5 deadline, or 

6 ‘‘(II) September 1, 2021. 

7 ‘‘(iii) 2020 CALENDAR YEAR FILING

8 DEADLINE.—The term ‘2020 calendar year 

9 filing deadline’ means the date specified in 

10 section 6072(a) with respect to returns for 

11 calendar year 2020. Such date shall be de12 termined after taking into account any pe13 riod disregarded under section 7508A if 

14 such disregard applies to substantially all 

15 returns for calendar year 2020 to which 

16 section 6072(a) applies. 

17 ‘‘(6) APPLICATION TO CERTAIN INDIVIDUALS

18 WHO HAVE NOT FILED A RETURN OF TAX FOR 2019

19 OR 2020 AT TIME OF DETERMINATION.— 

20 ‘‘(A) IN GENERAL.—In the case of any in21 dividual who, at the time of any determination 

22 made pursuant to paragraph (3), has filed a tax 

23 return for neither the year described in para24 graph (1) nor for the year described in para25 graph (5)(A), the Secretary may apply paraVerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00466 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319

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1 graph (1) on the basis of information available 

2 to the Secretary and, on the basis of such infor3 mation, may determine the advance refund 

4 amount with respect to such individual without 

5 regard to subsection (d). 

6 ‘‘(B) PAYMENT TO REPRESENTATIVE PAY7 EES AND FIDUCIARIES.—In the case of any 

8 payment determined pursuant to subparagraph 

9 (A), such payment may be made to an indi10 vidual or organization serving as the eligible in11 dividual’s representative payee or fiduciary for 

12 a federal benefit program and the entire 

13 amount of such payment so made shall be used 

14 only for the benefit of the individual who is en15 titled to the payment. 

16 ‘‘(7) SPECIAL RULE RELATED TO TIME OF FIL17 ING RETURN.—Solely for purposes of this sub18 section, a return of tax shall not be treated as filed 

19 until such return has been processed by the Internal 

20 Revenue Service. 

21 ‘‘(8) NOTICE TO TAXPAYER.—As soon as prac22 ticable after the date on which the Secretary distrib23 uted any payment to an eligible taxpayer pursuant 

24 to this subsection, notice shall be sent by mail to 

25 such taxpayer’s last known address. Such notice 


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1 shall indicate the method by which such payment 

2 was made, the amount of such payment, a phone 

3 number for an appropriate point of contact at the 

4 Internal Revenue Service to report any error with 

5 respect to such payment, and such other information 

6 as the Secretary determines appropriate. 

7 ‘‘(9) RESTRICTION ON USE OF CERTAIN PRE8 VIOUSLY ISSUED PREPAID DEBIT CARDS.—Payments 

9 made by the Secretary to individuals under this sec10 tion shall not be in the form of an increase in the 

11 balance of any previously issued prepaid debit card 

12 if, as of the time of the issuance of such card, such 

13 card was issued solely for purposes of making pay14 ments under section 6428 or 6428A. 

15 ‘‘(h) REGULATIONS.—The Secretary shall prescribe 

16 such regulations or other guidance as may be necessary 

17 or appropriate to carry out the purposes of this section, 

18 including— 

19 ‘‘(1) regulations or other guidance providing 

20 taxpayers the opportunity to provide the Secretary 

21 information sufficient to allow the Secretary to make 

22 payments to such taxpayers under subsection (g) 

23 (including the determination of the amount of such 

24 payment) if such information is not otherwise avail25 able to the Secretary, and 


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1 ‘‘(2) regulations or other guidance to ensure to 

2 the maximum extent administratively practicable 

3 that, in determining the amount of any credit under 

4 subsection (a) and any credit or refund under sub5 section (g), an individual is not taken into account 

6 more than once, including by different taxpayers and 

7 including by reason of a change in joint return sta8 tus or dependent status between the taxable year for 

9 which an advance refund amount is determined and 

10 the taxable year for which a credit under subsection 

11 (a) is determined. 

12 ‘‘(i) OUTREACH.—The Secretary shall carry out a ro13 bust and comprehensive outreach program to ensure that 

14 all taxpayers described in subsection (h)(1) learn of their 

15 eligibility for the advance refunds and credits under sub16 section (g); are advised of the opportunity to receive such 

17 advance refunds and credits as provided under subsection 

18 (h)(1); and are provided assistance in applying for such 

19 advance refunds and credits. In conducting such outreach 

20 program, the Secretary shall coordinate with other govern21 ment, State, and local agencies; federal partners; and com22 munity-based nonprofit organizations that regularly inter23 face with such taxpayers.’’. 

24 (b) TREATMENT OF CERTAIN POSSESSIONS.— 


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1 (1) PAYMENTS TO POSSESSIONS WITH MIRROR

2 CODE TAX SYSTEMS.—The Secretary of the Treas3 ury shall pay to each possession of the United States 

4 which has a mirror code tax system amounts equal 

5 to the loss (if any) to that possession by reason of 

6 the amendments made by this section. Such 

7 amounts shall be determined by the Secretary of the 

8 Treasury based on information provided by the gov9 ernment of the respective possession. 

10 (2) PAYMENTS TO OTHER POSSESSIONS.—The 

11 Secretary of the Treasury shall pay to each posses12 sion of the United States which does not have a mir13 ror code tax system amounts estimated by the Sec14 retary of the Treasury as being equal to the aggre15 gate benefits (if any) that would have been provided 

16 to residents of such possession by reason of the 

17 amendments made by this section if a mirror code 

18 tax system had been in effect in such possession. 

19 The preceding sentence shall not apply unless the re20 spective possession has a plan, which has been ap21 proved by the Secretary of the Treasury, under 

22 which such possession will promptly distribute such 

23 payments to its residents. 

24 (3) INCLUSION OF ADMINISTRATIVE EX25 PENSES.—The Secretary of the Treasury shall pay 


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1 to each possession of the United States to which the 

2 Secretary makes a payment under paragraph (1) or 

3 (2) an amount equal to the lesser of— 

4 (A) the increase (if any) of the administra5 tive expenses of such possession— 

6 (i) in the case of a possession de7 scribed in paragraph (1), by reason of the 

8 amendments made by this section, and 

9 (ii) in the case of a possession de10 scribed in paragraph (2), by reason of car11 rying out the plan described in such para12 graph, or 

13 (B) $500,000 ($10,000,000 in the case of 

14 Puerto Rico). 

15 The amount described in subparagraph (A) shall be 

16 determined by the Secretary of the Treasury based 

17 on information provided by the government of the 

18 respective possession. 

19 (4) COORDINATION WITH CREDIT ALLOWED

20 AGAINST UNITED STATES INCOME TAXES.—No cred21 it shall be allowed against United States income 

22 taxes under section 6428B of the Internal Revenue 

23 Code of 1986 (as added by this section), nor shall 

24 any credit or refund be made or allowed under sub25 section (g) of such section, to any person— 


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1 (A) to whom a credit is allowed against 

2 taxes imposed by the possession by reason of 

3 the amendments made by this section, or 

4 (B) who is eligible for a payment under a 

5 plan described in paragraph (2). 

6 (5) MIRROR CODE TAX SYSTEM.—For purposes 

7 of this subsection, the term ‘‘mirror code tax sys8 tem’’ means, with respect to any possession of the 

9 United States, the income tax system of such posses10 sion if the income tax liability of the residents of 

11 such possession under such system is determined by 

12 reference to the income tax laws of the United 

13 States as if such possession were the United States. 

14 (6) TREATMENT OF PAYMENTS.—For purposes 

15 of section 1324 of title 31, United States Code, the 

16 payments under this subsection shall be treated in 

17 the same manner as a refund due from a credit pro18 vision referred to in subsection (b)(2) of such sec19 tion. 

20 (c) ADMINISTRATIVE PROVISIONS.— 

21 (1) DEFINITION OF DEFICIENCY.—Section 

22 6211(b)(4)(A) of the Internal Revenue Code of 1986 

23 is amended by striking ‘‘6428, and 6428A’’ and in24 serting ‘‘6428, 6428A, and 6428B’’. 


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1 (2) EXCEPTION FROM REDUCTION OR OFF2 SET.—Any refund payable by reason of section 

3 6428B(g) of the Internal Revenue Code of 1986 (as 

4 added by this section), or any such refund payable 

5 by reason of subsection (b) of this section, shall not 

6 be — 

7 (A) subject to reduction or offset pursuant 

8 to section 3716 or 3720A of title 31, United 

9 States Code, 

10 (B) subject to reduction or offset pursuant 

11 to subsection (c), (d), (e), or (f) of section 6402 

12 of the Internal Revenue Code of 1986, or 

13 (C) reduced or offset by other assessed 

14 Federal taxes that would otherwise be subject 

15 to levy or collection. 

16 (3) CONFORMING AMENDMENTS.— 

17 (A) Paragraph (2) of section 1324(b) of 

18 title 31, United States Code, is amended by in19 serting ‘‘6428B,’’ after ‘‘6428A,’’. 

20 (B) The table of sections for subchapter B 

21 of chapter 65 of the Internal Revenue Code of 

22 1986 is amended by inserting after the item re23 lating to section 6428A the following new item: 

‘‘Sec. 6428B. 2021 recovery rebates to individuals.’’. 

24 (d) APPROPRIATIONS.—Immediately upon the enact25 ment of this Act, in addition to amounts otherwise availVerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00473 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319

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1 able, there are appropriated for fiscal year 2021, out of 

2 any money in the Treasury not otherwise appropriated: 

3 (1) $1,464,500,000 to remain available until 

4 September 30, 2023 for necessary expenses for the 

5 Internal Revenue Service for the administration of 

6 the advance payments, the provision of taxpayer as7 sistance, and the furtherance of integrated, modern8 ized, and secure Internal Revenue Service systems, 

9 which shall supplement and not supplant any other 

10 appropriations that may be available for this pur11 pose. 

12 (2) $7,000,000 to remain available until Sep13 tember 30, 2022, for necessary expenses for the Bu14 reau of the Fiscal Service to carry out this section 

15 (and the amendments made by this section), which 

16 shall supplement and not supplant any other appro17 priations that may be available for this purpose, and 

18 (3) $8,000,000 to remain available until Sep19 tember 30, 2023, for the Treasury Inspector General 

20 for Tax Administration for the purposes of over21 seeing activates related to the administration of this 

22 section (and the amendments made by this section), 

23 which shall supplement and not supplant any other 

24 appropriations that may be available for this pur25 pose. 


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1 (e) FLEXIBILITY WITH RESPECT TO IRS INFORMA2 TION TECHNOLOGY EMPLOYEES.— 

3 (1) If services performed by an employee of the 

4 Internal Revenue Service during the period begin5 ning on January 1, 2020, and ending on December 

6 31, 2022, are determined by the Commissioner of 

7 Internal Revenue to be primarily related to informa8 tion technology, any premium pay for such services 

9 shall be disregarded in calculating the aggregate of 

10 such employee’s basic pay and premium pay for pur11 poses of a limitation under section 5547(a) of title 

12 5, United States Code, or under any other provision 

13 of law, whether such employee’s pay is paid on a bi14 weekly or calendar year basis. 

15 (2) Any overtime pay for such services shall be 

16 disregarded in calculating any annual limit on the 

17 amount of overtime pay payable in a calendar or fis18 cal year. 

19 (3) With regard to such services, any pay that 

20 is disregarded under either paragraph (1) or (2) 

21 shall be disregarded in calculating such employees 

22 aggregate pay for purposes of the limitations in sec23 tions 5307 and 9502 of such title 5. 

24 (4) If application of this subsection results in 

25 the payment of additional premium pay to a covered 


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1 employee of a type that is normally creditable as 

2 basic pay for retirement or any other purpose, that 

3 additional pay shall not— 

4 (A) be considered to be basic pay of the 

5 covered employee for any purpose; or 

6 (B) be used in computing a lump-sum pay7 ment to the covered employee for accumulated 

8 and accrued annual leave under section 5551 or 

9 section 5552 of such title 5. 

10 PART 2—CHILD TAX CREDIT 

11 SEC. 9611. CHILD TAX CREDIT IMPROVEMENTS FOR 2021. 

12 (a) IN GENERAL.—Section 24 of the Internal Rev13 enue Code of 1986 is amended by adding at the end the 

14 following new subsection: 

15 ‘‘(i) SPECIAL RULES FOR 2021.—In the case of any 

16 taxable year beginning after December 31, 2020, and be17 fore January 1, 2022— 

18 ‘‘(1) REFUNDABLE CREDIT.—If the taxpayer 

19 (in the case of a joint return, either spouse) has a 

20 principal place of abode in the United States (deter21 mined as provided in section 32) for more than one22 half of the taxable year or is a bona fide resident of 

23 Puerto Rico (within the meaning of section 937(a)) 

24 for such taxable year— 

25 ‘‘(A) subsection (d) shall not apply, and 


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1 ‘‘(B) so much of the credit determined 

2 under subsection (a) (after application of sub3 paragraph (A)) as does not exceed the amount 

4 of such credit which would be so determined 

5 without regard to subsection (h)(4) shall be al6 lowed under subpart C (and not allowed under 

7 this subpart). 

8 ‘‘(2) 17-YEAR-OLDS ELIGIBLE FOR TREATMENT

9 AS QUALIFYING CHILDREN.—This section shall be 

10 applied— 

11 ‘‘(A) by substituting ‘age 18’ for ‘age 17’ 

12 in subsection (c)(1), and 

13 ‘‘(B) by substituting ‘described in sub14 section (c) (determined after the application of 

15 subsection (i)(2)(A))’ for ‘described in sub16 section (c)’ in subsection (h)(4)(A). 

17 ‘‘(3) CREDIT AMOUNT.—Subsection (h)(2) shall 

18 not apply and subsection (a) shall be applied by sub19 stituting ‘$3,000 ($3,600 in the case of a qualifying 

20 child who has not attained age 6 as of the close of 

21 the calendar year in which the taxable year of the 

22 taxpayer begins)’ for ‘$1,000’. 

23 ‘‘(4) REDUCTION OF INCREASED CREDIT

24 AMOUNT BASED ON MODIFIED ADJUSTED GROSS IN25 COME.— 


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1 ‘‘(A) IN GENERAL.—The amount of the 

2 credit allowable under subsection (a) (deter3 mined without regard to subsection (b)) shall be 

4 reduced by $50 for each $1,000 (or fraction 

5 thereof) by which the taxpayer’s modified ad6 justed gross income (as defined in subsection 

7 (b)) exceeds the applicable threshold amount. 

8 ‘‘(B) APPLICABLE THRESHOLD AMOUNT.— 

9 For purposes of this paragraph, the term ‘ap10 plicable threshold amount’ means— 

11 ‘‘(i) $150,000, in the case of a joint 

12 return or surviving spouse (as defined in 

13 section 2(a)) , 

14 ‘‘(ii) $112,500, in the case of a head 

15 of household (as defined in section 2(b)), 

16 and 

17 ‘‘(iii) $75,000, in any other case. 

18 ‘‘(C) LIMITATION ON REDUCTION.— 

19 ‘‘(i) IN GENERAL.—The amount of 

20 the reduction under subparagraph (A) 

21 shall not exceed the lesser of— 

22 ‘‘(I) the applicable credit increase 

23 amount, or 

24 ‘‘(II) 5 percent of the applicable 

25 phaseout threshold range. 


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1 ‘‘(ii) APPLICABLE CREDIT INCREASE

2 AMOUNT.—For purposes of this subpara3 graph, the term ‘applicable credit increase 

4 amount’ means the excess (if any) of— 

5 ‘‘(I) the amount of the credit al6 lowable under this section for the tax7 able year determined without regard 

8 to this paragraph and subsection (b), 

9 over 

10 ‘‘(II) the amount of such credit 

11 as so determined and without regard 

12 to paragraph (3). 

13 ‘‘(iii) APPLICABLE PHASEOUT

14 THRESHOLD RANGE.—For purposes of this 

15 subparagraph, the term ‘applicable phase16 out threshold range’ means the excess of— 

17 ‘‘(I) the threshold amount appli18 cable to the taxpayer under subsection 

19 (b) (determined after the application 

20 of subsection (h)(3)), over 

21 ‘‘(II) the applicable threshold 

22 amount applicable to the taxpayer 

23 under this paragraph. 

24 ‘‘(D) COORDINATION WITH LIMITATION ON

25 OVERALL CREDIT.—Subsection (b) shall be apVerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00479 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319

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1 plied by substituting ‘the credit allowable under 

2 subsection (a) (determined after the application 

3 of subsection (i)(4)(A)’ for ‘the credit allowable 

4 under subsection (a)’.’’. 

5 (b) ADVANCE PAYMENT OF CREDIT.— 

6 (1) IN GENERAL.—Chapter 77 of such Code is 

7 amended by inserting after section 7527 the fol8 lowing new section: 

9 ‘‘SEC. 7527A. ADVANCE PAYMENT OF CHILD TAX CREDIT. 

10 ‘‘(a) IN GENERAL.—The Secretary shall establish a 

11 program for making monthly payments to taxpayers each 

of which is equal to 1 12 ⁄12 of the annual advance amount 

13 determined with respect to such taxpayer for the calendar 

14 year. 

15 ‘‘(b) ANNUAL ADVANCE AMOUNT.—For purposes of 

16 this section— 

17 ‘‘(1) IN GENERAL.—Except as otherwise pro18 vided in this subsection, the term ‘annual advance 

19 amount’ means, with respect to any taxpayer for any 

20 calendar year, the amount (if any) which is esti21 mated by the Secretary as being equal to the 

22 amount which would be treated as allowed under 

23 subpart C of part IV of subchapter A of chapter 1 

24 by reason of section 24(i)(1) for the taxpayer’s tax25 able year beginning in such calendar year if— 


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1 ‘‘(A) the status of the taxpayer as a tax2 payer described in section 24(i)(1) is deter3 mined with respect to the reference taxable 

4 year, 

5 ‘‘(B) the taxpayer’s modified adjusted 

6 gross income for such taxable year is equal to 

7 the taxpayer’s modified adjusted gross income 

8 for the reference taxable year, 

9 ‘‘(C) the only children of such taxpayer for 

10 such taxable year are qualifying children prop11 erly claimed on the taxpayer’s return of tax for 

12 the reference taxable year, and 

13 ‘‘(D) the ages of such children (and the 

14 status of such children as qualifying children) 

15 are determined for such taxable year by taking 

16 into account the passage of time since the ref17 erence taxable year. 

18 ‘‘(2) REFERENCE TAXABLE YEAR.—Except as 

19 provided in paragraph (3)(A), the term ‘reference 

20 taxable year’ means, with respect to any taxpayer 

21 for any calendar year, the taxpayer’s taxable year 

22 beginning in the preceding calendar year or, in the 

23 case of taxpayer who did not file a return of tax for 

24 such taxable year, the taxpayer’s taxable year begin25 ning in the second preceding calendar year. 


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1 ‘‘(3) MODIFICATIONS DURING CALENDAR

2 YEAR.— 

3 ‘‘(A) IN GENERAL.—The Secretary may 

4 modify, during any calendar year, the annual 

5 advance amount with respect to any taxpayer 

6 for such calendar year to take into account— 

7 ‘‘(i) a return of tax filed by such tax8 payer during such calendar year (and the 

9 taxable year to which such return relates 

10 may be taken into account as the reference 

11 taxable year), and 

12 ‘‘(ii) any other information provided 

13 by the taxpayer to the Secretary which al14 lows the Secretary to determine payments 

15 under subsection (a) which, in the aggre16 gate during any taxable year of the tax17 payer, more closely total the Secretary’s 

18 estimate of the amount treated as allowed 

19 under subpart C of part IV of subchapter 

20 A of chapter 1 by reason of section 

21 24(i)(1) for such taxable year of such tax22 payer. 

23 ‘‘(B) ADJUSTMENT TO REFLECT EXCESS

24 OR DEFICIT IN PRIOR PAYMENTS.—In the case 

25 of any modification of the annual advance 


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1 amount under subparagraph (A), the Secretary 

2 may adjust the amount of any monthly pay3 ment made after the date of such modification 

4 to properly take into account the amount by 

5 which any monthly payment made before such 

6 date was greater than or less than the amount 

7 that such payment would have been on the 

8 basis of the annual advance amount as so modi9 fied. 

10 ‘‘(4) DETERMINATION OF STATUS.—If informa11 tion contained in the taxpayer’s return of tax for the 

12 reference taxable year does not establish the status 

13 of the taxpayer as being described in section 

14 24(i)(1), the Secretary may, for purposes of para15 graph (1)(A), infer such status (or the lack thereof) 

16 from such information as is so contained or from 

17 other sources. 

18 ‘‘(5) TREATMENT OF CERTAIN DEATHS.—A 

19 child shall not be taken into account in determining 

20 the annual advance amount under paragraph (1) if 

21 the death of such child is known to the Secretary as 

22 of the beginning of the calendar year for which the 

23 estimate under such paragraph is made. 


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1 ‘‘(c) ON-LINE INFORMATION PORTAL.—The Sec2 retary shall establish an on-line portal which allows tax3 payers to— 

4 ‘‘(1) elect not to receive payments under this 

5 section, and 

6 ‘‘(2) provide information to the Secretary which 

7 would be relevant to a modification under subsection 

8 (b)(3)(B) of the annual advance amount, including 

9 information regarding— 

10 ‘‘(A) a change in the number of the tax11 payer’s qualifying children, including by reason 

12 of the birth of a child, 

13 ‘‘(B) a change in the taxpayer’s marital 

14 status, 

15 ‘‘(C) a significant change in the taxpayer’s 

16 income, and 

17 ‘‘(D) any other factor which the Secretary 

18 may provide. 

19 ‘‘(d) NOTICE OF PAYMENTS.—Not later than Janu20 ary 31 of the calendar year following any calendar year 

21 during which the Secretary makes one or more payments 

22 to any taxpayer under this section, the Secretary shall pro23 vide such taxpayer with a written notice which includes 

24 the taxpayer’s taxpayer identity (as defined in section 

25 6103(b)(6)), the aggregate amount of such payments 


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1 made to such taxpayer during such calendar year, and 

2 such other information as the Secretary determines appro3 priate. 

4 ‘‘(e) AUTHORITY TO ADJUST INTERVAL OF PAY5 MENTS.—If the Secretary determines that it is not admin6 istratively feasible to make monthly payments under this 

7 section— 

8 ‘‘(1) such payments shall be made on the basis 

9 of the shortest interval which the Secretary deter10 mines is administratively feasible, and 

11 ‘‘(2) the amount of such payments shall be de12 termined by substituting the ratio of the length of 

13 such interval to the length of the calendar year for 

‘

1 14 ⁄12’ in subsection (a). 

15 ‘‘(f) ADMINISTRATIVE PROVISIONS.— 

16 ‘‘(1) APPLICATION OF DIRECT DEPOSIT RE17 QUIREMENT.—Solely for purposes of section 3332 of 

18 title 31, United States Code (and notwithstanding 

19 the last sentence of subsection (j)(3) thereof), the 

20 payments made by the Secretary under subsection 

21 (a) shall be treated as Federal payments. 

22 ‘‘(2) DELIVERY OF PAYMENTS.—Notwith23 standing any other provision of law, the Secretary 

24 may certify and disburse refunds payable under this 

25 section electronically to— 


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1 ‘‘(A) any account to which the payee re2 ceived or authorized, on or after January 1, 

3 2019, a refund of taxes under this title or a 

4 Federal payment (as defined in section 3332 of 

5 title 31, United States Code), 

6 ‘‘(B) any account belonging to a payee 

7 from which that individual, on or after January 

8 1, 2019, made a payment of taxes under this 

9 title, or 

10 ‘‘(C) any Treasury-sponsored account (as 

11 defined in section 208.2 of title 31, Code of 

12 Federal Regulations). 

13 ‘‘(3) WAIVER OF CERTAIN RULES.—Notwith14 standing section 3325 of title 31, United States 

15 Code, or any other provision of law, with respect to 

16 any payment of a refund under this section, a dis17 bursing official in the executive branch of the United 

18 States Government may modify payment information 

19 received from an officer or employee described in 

20 section 3325(a)(1)(B) of such title for the purpose 

21 of facilitating the accurate and efficient delivery of 

22 such payment. Except in cases of fraud or reckless 

23 neglect, no liability under section 3325, 3527, 3528, 

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1 posed with respect to payments made under this 

2 paragraph. 

3 ‘‘(4) EXCEPTION FROM REDUCTION OR OFF4 SET.—Any payment made to any individual under 

5 this section shall not be— 

6 ‘‘(A) subject to reduction or offset pursu7 ant to section 3716 or 3720A of title 31, 

8 United States Code, 

9 ‘‘(B) subject to reduction or offset pursu10 ant to subsection (c), (d), (e), or (f) of section 

11 6402, or 

12 ‘‘(C) reduced or offset by other assessed 

13 Federal taxes that would otherwise be subject 

14 to levy or collection. 

15 ‘‘(5) ADVANCE PAYMENTS NOT APPLICABLE TO

16 POSSESSIONS OF THE UNITED STATES.— 

17 ‘‘(A) IN GENERAL.—The advance payment 

18 amount determined under this section shall be 

19 determined— 

20 ‘‘(i) by applying section 24(i)(1) with21 out regard to the phrase ‘or is a bona fide 

22 resident of Puerto Rico (within the mean23 ing of section 937(a))’, and 

24 ‘‘(ii) without regard to section 

25 24(k)(3)(C)(ii)(I). 


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1 ‘‘(B) MIRROR CODE POSSESSIONS.—In the 

2 case of any possession of the United States with 

3 a mirror code tax system (as defined in section 

4 24(k)), this section shall not be treated as part 

5 of the income tax laws of the United States for 

6 purposes of determining the income tax law of 

7 such possession. 

8 ‘‘(g) APPLICATION.—No payments shall be made 

9 under the program established under subsection (a) with 

10 respect to— 

11 ‘‘(1) any month beginning before July 1, 2021, 

12 or 

13 ‘‘(2) any month beginning after December 31, 

14 2021. 

15 ‘‘(h) REGULATIONS.—The Secretary shall issue such 

16 regulations or other guidance as the Secretary determines 

17 necessary or appropriate to carry out the purposes of this 

18 section and subsections (i)(1) and (j) of section 24, includ19 ing regulations or other guidance which provides for the 

20 application of such provisions where the filing status of 

21 the taxpayer for a taxable year is different from the status 

22 used for determining the annual advance amount.’’. 

23 (2) RECONCILIATION OF CREDIT AND ADVANCE

24 CREDIT.—Section 24 of such Code, as amended by 


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1 the preceding provision of this Act, is amended by 

2 adding at the end the following new subsection: 

3 ‘‘(j) RECONCILIATION OF CREDIT AND ADVANCE

4 CREDIT.— 

5 ‘‘(1) IN GENERAL.—The amount of the credit 

6 allowed under this section to any taxpayer for any 

7 taxable year shall be reduced (but not below zero) by 

8 the aggregate amount of payments made under sec9 tion 7527A to such taxpayer during such taxable 

10 year. Any failure to so reduce the credit shall be 

11 treated as arising out of a mathematical or clerical 

12 error and assessed according to section 6213(b)(1). 

13 ‘‘(2) EXCESS ADVANCE PAYMENTS.— 

14 ‘‘(A) IN GENERAL.—If the aggregate 

15 amount of payments under section 7527A to 

16 the taxpayer during the taxable year exceeds 

17 the amount of the credit allowed under this sec18 tion to such taxpayer for such taxable year (de19 termined without regard to paragraph (1)), the 

20 tax imposed by this chapter for such taxable 

21 year shall be increased by the amount of such 

22 excess. Any failure to so increase the tax shall 

23 be treated as arising out of a mathematical or 

24 clerical error and assessed according to section 

25 6213(b)(1). 


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1 ‘‘(B) SAFE HARBOR BASED ON MODIFIED

2 ADJUSTED GROSS INCOME.— 

3 ‘‘(i) IN GENERAL.—In the case of a 

4 taxpayer whose modified adjusted gross in5 come (as defined in subsection (b)) for the 

6 taxable year does not exceed 200 percent 

7 of the applicable income threshold, the 

8 amount of the increase determined under 

9 subparagraph (A) with respect to such tax10 payer for such taxable year shall be re11 duced (but not below zero) by the safe har12 bor amount. 

13 ‘‘(ii) PHASE OUT OF SAFE HARBOR

14 AMOUNT.—In the case of a taxpayer whose 

15 modified adjusted gross income (as defined 

16 in subsection (b)) for the taxable year ex17 ceeds the applicable income threshold, the 

18 safe harbor amount otherwise in effect 

19 under clause (i) shall be reduced by the 

20 amount which bears the same ratio to such 

21 amount as such excess bears to the appli22 cable income threshold. 

23 ‘‘(iii) APPLICABLE INCOME THRESH24 OLD.—For purposes of this subparagraph, 


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1 the term ‘applicable income threshold’ 

2 means— 

3 ‘‘(I) $60,000 in the case of a 

4 joint return or surviving spouse (as 

5 defined in section 2(a)), 

6 ‘‘(II) $50,000 in the case of a 

7 head of household, and 

8 ‘‘(III) $40,000 in any other case. 

9 ‘‘(iv) SAFE HARBOR AMOUNT.—For 

10 purposes of this subparagraph, the term 

11 ‘safe harbor amount’ means, with respect 

12 to any taxable year, the product of— 

13 ‘‘(I) $2,000, multiplied by 

14 ‘‘(II) the excess (if any) of the 

15 number of qualified children taken 

16 into account in determining the an17 nual advance amount with respect to 

18 the taxpayer under section 7527A 

19 with respect to months beginning in 

20 such taxable year, over the number of 

21 qualified children taken into account 

22 in determining the credit allowed 

23 under this section for such taxable 

24 year.’’. 


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1 (3) COORDINATION WITH WAGE WITH2 HOLDING.—Section 3402(f)(1)(C) of such Code is 

3 amended by striking ‘‘section 24(a)’’ and inserting 

4 ‘‘section 24 (determined after application of sub5 section (j) thereof)’’. 

6 (4) CONFORMING AMENDMENTS.— 

7 (A) Section 26(b)(2) of such Code is 

8 amended by striking ‘‘and’’ at the end of sub9 paragraph (X), by striking the period at the 

10 end of subparagraph (Y) and inserting ‘‘, and’’, 

11 and by adding at the end the following new sub12 paragraph: 

13 ‘‘(Z) section 24(j)(2) (relating to excess 

14 advance payments).’’. 

15 (B) Section 6211(b)(4)(A) of such Code, 

16 as amended by the preceding provisions of this 

17 subtitle, is amended— 

18 (i) by striking ‘‘24(d)’’ and inserting 

19 ‘‘24 by reason of subsections (d) and (i)(1) 

20 thereof’’, and 

21 (ii) by striking ‘‘and 6428B’’ and in22 serting ‘‘6428B, and 7527A’’. 

23 (C) Paragraph (2) of section 1324(b) of 

24 title 31, United States Code, is amended— 


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1 (i) by inserting ‘‘24,’’ before ‘‘25A’’, 

2 and 

3 (ii) by striking ‘‘ or 6431’’ and insert4 ing ‘‘6431, or 7527A’’. 

5 (D) The table of sections for chapter 77 of 

6 the Internal Revenue Code of 1986 is amended 

7 by inserting after the item relating to section 

8 7527 the following new item: 

‘‘Sec. 7527A. Advance payment of child tax credit.’’. 

9 (5) APPROPRIATIONS TO CARRY OUT ADVANCE

10 PAYMENTS.—Immediately upon the enactment of 

11 this Act, in addition to amounts otherwise available, 

12 there are appropriated for fiscal year 2021, out of 

13 any money in the Treasury not otherwise appro14 priated: 

15 (A) $397,200,000 to remain available until 

16 September 30, 2022, for necessary expenses for 

17 the Internal Revenue Service to carry out this 

18 section (and the amendments made by this sec19 tion), which shall supplement and not supplant 

20 any other appropriations that may be available 

21 for this purpose, and 

22 (B) $16,200,000 to remain available until 

23 September 30, 2022, for necessary expenses for 

24 the Bureau of the Fiscal Service to carry out 

25 this section (and the amendments made by this 


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1 section), which shall supplement and not sup2 plant any other appropriations that may be 

3 available for this purpose. 

4 (c) EFFECTIVE DATE.— 

5 (1) IN GENERAL.—The amendments made by 

6 this section shall apply to taxable years beginning 

7 after December 31, 2020. 

8 (2) ESTABLISHMENT OF ADVANCE PAYMENT

9 PROGRAM.—The Secretary of the Treasury (or the 

10 Secretary’s designee) shall establish the program de11 scribed in section 7527A of the Internal Revenue 

12 Code of 1986 as soon as practicable after the date 

13 of the enactment of this Act, except that the Sec14 retary shall ensure that the timing of the establish15 ment of such program does not interfere with car16 rying out section 6428B(g) as rapidly as possible. 

17 SEC. 9612. APPLICATION OF CHILD TAX CREDIT IN POSSES18 SIONS. 

19 (a) IN GENERAL.—Section 24 of the Internal Rev20 enue Code of 1986, as amended by the preceding provi21 sions of this Act, is amended by adding at the end the 

22 following new subsection: 

23 ‘‘(k) APPLICATION OF CREDIT IN POSSESSIONS.— 

24 ‘‘(1) MIRROR CODE POSSESSIONS.— 


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1 ‘‘(A) IN GENERAL.—The Secretary shall 

2 pay to each possession of the United States 

3 with a mirror code tax system amounts equal to 

4 the loss (if any) to that possession by reason of 

5 the application of this section (determined with6 out regard to this subsection) with respect to 

7 taxable years beginning after 2020. Such 

8 amounts shall be determined by the Secretary 

9 based on information provided by the govern10 ment of the respective possession. 

11 ‘‘(B) COORDINATION WITH CREDIT AL12 LOWED AGAINST UNITED STATES INCOME

13 TAXES.—No credit shall be allowed under this 

14 section for any taxable year to any individual to 

15 whom a credit is allowable against taxes im16 posed by a possession of the United States with 

17 a mirror code tax system by reason of the appli18 cation of this section in such possession for 

19 such taxable year. 

20 ‘‘(C) MIRROR CODE TAX SYSTEM.—For 

21 purposes of this paragraph, the term ‘mirror 

22 code tax system’ means, with respect to any 

23 possession of the United States, the income tax 

24 system of such possession if the income tax li25 ability of the residents of such possession under 


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1 such system is determined by reference to the 

2 income tax laws of the United States as if such 

3 possession were the United States. 

4 ‘‘(2) PUERTO RICO.— 

5 ‘‘(A) APPLICATION TO TAXABLE YEARS IN

6 2021.— 

7 ‘‘(i) For application of refundable 

8 credit to residents of Puerto Rico, see sub9 section (i)(1). 

10 ‘‘(ii) For nonapplication of advance 

11 payment to residents of Puerto Rico, see 

12 section 7527A(f)(5)(A). 

13 ‘‘(B) APPLICATION TO TAXABLE YEARS

14 AFTER 2021.—In the case of any bona fide resi15 dent of Puerto Rico (within the meaning of sec16 tion 937(a)) for any taxable year beginning 

17 after December 31, 2021— 

18 ‘‘(i) the credit determined under this 

19 section shall be allowable to such resident, 

20 and 

21 ‘‘(ii) subsection (d)(1)(B)(ii) shall be 

22 applied without regard to the phrase ‘in 

23 the case of a taxpayer with 3 or more 

24 qualifying children’. 

25 ‘‘(3) AMERICAN SAMOA.— 


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1 ‘‘(A) IN GENERAL.—The Secretary shall 

2 pay to American Samoa amounts estimated by 

3 the Secretary as being equal to the aggregate 

4 benefits that would have been provided to resi5 dents of American Samoa by reason of the ap6 plication of this section for taxable years begin7 ning after 2020 if the provisions of this section 

8 had been in effect in American Samoa (applied 

9 as if American Samoa were the United States 

10 and without regard to the application of this 

11 section to bona fide residents of Puerto Rico 

12 under subsection (i)(1)). 

13 ‘‘(B) DISTRIBUTION REQUIREMENT.—Sub14 paragraph (A) shall not apply unless American 

15 Samoa has a plan, which has been approved by 

16 the Secretary, under which American Samoa 

17 will promptly distribute such payments to its 

18 residents. 

19 ‘‘(C) COORDINATION WITH CREDIT AL20 LOWED AGAINST UNITED STATES INCOME

21 TAXES.— 

22 ‘‘(i) IN GENERAL.—In the case of a 

23 taxable year with respect to which a plan 

24 is approved under subparagraph (B), this 

25 section (other than this subsection) shall 


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1 not apply to any individual eligible for a 

2 distribution under such plan. 

3 ‘‘(ii) APPLICATION OF SECTION IN

4 EVENT OF ABSENCE OF APPROVED

5 PLAN.—In the case of a taxable year with 

6 respect to which a plan is not approved 

7 under subparagraph (B)— 

8 ‘‘(I) if such taxable year begins 

9 in 2021, subsection (i)(1) shall be ap10 plied by substituting ‘bona fide resi11 dent of Puerto Rico or American 

12 Samoa’ for ‘bona fide resident of 

13 Puerto Rico’, and 

14 ‘‘(II) if such taxable year begins 

15 after December 31, 2021, rules simi16 lar to the rules of paragraph (2)(B) 

17 shall apply with respect to bona fide 

18 residents of American Samoa (within 

19 the meaning of section 937(a)). 

20 ‘‘(4) TREATMENT OF PAYMENTS.—For pur21 poses of section 1324 of title 31, United States 

22 Code, the payments under this subsection shall be 

23 treated in the same manner as a refund due from 

24 a credit provision referred to in subsection (b)(2) of 

25 such section.’’. 


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1 (b) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply to taxable years beginning after 

3 December 31, 2020. 

4 PART 3—EARNED INCOME TAX CREDIT 

5 SEC. 9621. STRENGTHENING THE EARNED INCOME TAX 

6 CREDIT FOR INDIVIDUALS WITH NO QUALI7 FYING CHILDREN. 

8 (a) SPECIAL RULES FOR 2021.—Section 32 of the 

9 Internal Revenue Code of 1986 is amended by adding at 

10 the end the following new subsection: 

11 ‘‘(n) SPECIAL RULES FOR INDIVIDUALS WITHOUT

12 QUALIFYING CHILDREN.—In the case of any taxable year 

13 beginning after December 31, 2020, and before January 

14 1, 2022— 

15 ‘‘(1) DECREASE IN MINIMUM AGE FOR CRED16 IT.— 

17 ‘‘(A) IN GENERAL.—Subsection 

18 (c)(1)(A)(ii)(II) shall be applied by substituting 

19 ‘the applicable minimum age’ for ‘age 25’. 

20 ‘‘(B) APPLICABLE MINIMUM AGE.—For 

21 purposes of this paragraph, the term ‘applicable 

22 minimum age’ means— 

23 ‘‘(i) except as otherwise provided in 

24 this subparagraph, age 19, 


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1 ‘‘(ii) in the case of a specified student 

2 (other than a qualified former foster youth 

3 or a qualified homeless youth), age 24, and 

4 ‘‘(iii) in the case of a qualified former 

5 foster youth or a qualified homeless youth, 

6 age 18. 

7 ‘‘(C) SPECIFIED STUDENT.—For purposes 

8 of this paragraph, the term ‘specified student’ 

9 means, with respect to any taxable year, an in10 dividual who is an eligible student (as defined 

11 in section 25A(b)(3)) during at least 5 calendar 

12 months during the taxable year. 

13 ‘‘(D) QUALIFIED FORMER FOSTER

14 YOUTH.—For purposes of this paragraph, the 

15 term ‘qualified former foster youth’ means an 

16 individual who— 

17 ‘‘(i) on or after the date that such in18 dividual attained age 14, was in foster care 

19 provided under the supervision or adminis20 tration of an entity administering (or eligi21 ble to administer) a plan under part B or 

22 part E of title IV of the Social Security 

23 Act (without regard to whether Federal as24 sistance was provided with respect to such 

25 child under such part E), and 


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1 ‘‘(ii) provides (in such manner as the 

2 Secretary may provide) consent for entities 

3 which administer a plan under part B or 

4 part E of title IV of the Social Security 

5 Act to disclose to the Secretary informa6 tion related to the status of such individual 

7 as a qualified former foster youth. 

8 ‘‘(E) QUALIFIED HOMELESS YOUTH.—For 

9 purposes of this paragraph, the term ‘qualified 

10 homeless youth’ means, with respect to any tax11 able year, an individual who— 

12 ‘‘(i) is certified by a local educational 

13 agency or a financial aid administrator 

14 during such taxable year as being either an 

15 unaccompanied youth who is a homeless 

16 child or youth, or as unaccompanied, at 

17 risk of homelessness, and self-supporting, 

18 and 

19 ‘‘(ii) provides (in such manner as the 

20 Secretary may provide) consent for local 

21 educational agencies and financial aid ad22 ministrators to disclose to the Secretary in23 formation related to the status of such in24 dividual as a qualified homeless youth. 


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1 Terms used in this subparagraph which are also 

2 used in section 480(d)(1) of the Higher Edu3 cation Act of 1965 shall have the same meaning 

4 as when used in such section. 

5 ‘‘(2) ELIMINATION OF MAXIMUM AGE FOR

6 CREDIT.—Subsection (c)(1)(A)(ii)(II) shall be ap7 plied without regard to the phrase ‘but not attained 

8 age 65’. 

9 ‘‘(3) INCREASE IN CREDIT AND PHASEOUT PER10 CENTAGES.—The table contained in subsection 

11 (b)(1) shall be applied by substituting ‘15.3’ for 

12 ‘7.65’ each place it appears therein. 

13 ‘‘(4) INCREASE IN EARNED INCOME AND

14 PHASEOUT AMOUNTS.— 

15 ‘‘(A) IN GENERAL.—The table contained in 

16 subsection (b)(2)(A) shall be applied— 

17 ‘‘(i) by substituting ‘$9,820’ for 

18 ‘$4,220’, and 

19 ‘‘(ii) by substituting ‘$11,610’ for 

20 ‘$5,280’. 

21 ‘‘(B) COORDINATION WITH INFLATION AD22 JUSTMENT.—Subsection (j) shall not apply to 

23 any dollar amount specified in this paragraph.’’. 

24 (b) INFORMATION RETURN MATCHING.—As soon as 

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1 retary’s delegate) shall develop and implement procedures 

2 to use information returns under section 6050S (relating 

3 to returns relating to higher education tuition and related 

4 expenses) to check the status of individuals as specified 

5 students for purposes of section 32(n)(1)(B)(ii) of the In6 ternal Revenue Code of 1986 (as added by this section). 

7 (c) EFFECTIVE DATE.—The amendment made by 

8 this section shall apply to taxable years beginning after 

9 December 31, 2020. 

10 SEC. 9622. TAXPAYER ELIGIBLE FOR CHILDLESS EARNED 

11 INCOME CREDIT IN CASE OF QUALIFYING 

12 CHILDREN WHO FAIL TO MEET CERTAIN 

13 IDENTIFICATION REQUIREMENTS. 

14 (a) IN GENERAL.—Section 32(c)(1) of the Internal 

15 Revenue Code of 1986 is amended by striking subpara16 graph (F). 

17 (b) EFFECTIVE DATE.—The amendment made by 

18 this section shall apply to taxable years beginning after 

19 December 31 2020. 

20 SEC. 9623. CREDIT ALLOWED IN CASE OF CERTAIN SEPA21 RATED SPOUSES. 

22 (a) IN GENERAL.—Section 32(d) of the Internal Rev23 enue Code of 1986 is amended— 


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1 (1) by striking ‘‘MARRIED INDIVIDUALS.—In 

2 the case of’’ and inserting the following: ‘‘MARRIED

3 INDIVIDUALS.— 

4 ‘‘(1) IN GENERAL.—In the case of’’, and 

5 (2) by adding at the end the following new 

6 paragraph: 

7 ‘‘(2) DETERMINATION OF MARITAL STATUS.— 

8 For purposes of this section— 

9 ‘‘(A) IN GENERAL.—Except as provided in 

10 subparagraph (B), marital status shall be deter11 mined under section 7703(a). 

12 ‘‘(B) SPECIAL RULE FOR SEPARATED

13 SPOUSE.—An individual shall not be treated as 

14 married if such individual— 

15 ‘‘(i) is married (as determined under 

16 section 7703(a)) and does not file a joint 

17 return for the taxable year, 

18 ‘‘(ii) resides with a qualifying child of 

19 the individual for more than one-half of 

20 such taxable year, and 

21 ‘‘(iii)(I) during the last 6 months of 

22 such taxable year, does not have the same 

23 principal place of abode as the individual’s 

24 spouse, or 


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1 ‘‘(II) has a decree, instrument, or 

2 agreement (other than a decree of divorce) 

3 described in section 121(d)(3)(C) with re4 spect to the individual’s spouse and is not 

5 a member of the same household with the 

6 individual’s spouse by the end of the tax7 able year.’’. 

8 (b) CONFORMING AMENDMENTS.— 

9 (1) Section 32(c)(1)(A) of such Code is amend10 ed by striking the last sentence. 

11 (2) Section 32(c)(1)(E)(ii) of such Code is 

12 amended by striking ‘‘(within the meaning of section 

13 7703)’’. 

14 (3) Section 32(d)(1) of such Code, as amended 

15 by subsection (a), is amended by striking ‘‘(within 

16 the meaning of section 7703)’’. 

17 (c) EFFECTIVE DATE.—The amendments made by 

18 this section shall apply to taxable years beginning after 

19 December 31, 2020. 

20 SEC. 9624. MODIFICATION OF DISQUALIFIED INVESTMENT 

21 INCOME TEST. 

22 (a) IN GENERAL.—Section 32(i) of the Internal Rev23 enue Code of 1986 is amended by striking ‘‘$2,200’’ and 

24 inserting ‘‘$10,000’’. 


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1 (b) INFLATION ADJUSTMENT.—Section 32(j)(1) of 

2 such Code is amended— 

3 (1) in the matter preceding subparagraph (A), 

4 by inserting ‘‘(2021 in the case of the dollar amount 

5 in subsection (i)(1))’’ after ‘‘2015’’, 

6 (2) in subparagraph (B)(i)— 

7 (A) by striking ‘‘subsections (b)(2)(A) and 

8 (i)(1)’’ and inserting ‘‘subsection (b)(2)(A)’’, 

9 and 

10 (B) by striking ‘‘and’’ at the end, 

11 (3) by striking the period at the end of sub12 paragraph (B)(ii) and inserting ‘‘, and’’, and 

13 (4) by inserting after subparagraph (B)(ii) the 

14 following new clause: 

15 ‘‘(iii) in the case of the $10,000 

16 amount in subsection (i)(1), ‘calendar year 

17 2020’ for ‘calendar year 2016’.’’. 

18 (c) EFFECTIVE DATE.—The amendments made by 

19 this section shall apply to taxable years beginning after 

20 December 31, 2020. 

21 SEC. 9625. APPLICATION OF EARNED INCOME TAX CREDIT 

22 IN POSSESSIONS OF THE UNITED STATES. 

23 (a) IN GENERAL.—Chapter 77 of the Internal Rev24 enue Code of 1986 is amended by adding at the end the 

25 following new section: 


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1 ‘‘SEC. 7530. APPLICATION OF EARNED INCOME TAX CREDIT 

2 TO POSSESSIONS OF THE UNITED STATES. 

3 ‘‘(a) PUERTO RICO.— 

4 ‘‘(1) IN GENERAL.—With respect to calendar 

5 year 2021 and each calendar year thereafter, the 

6 Secretary shall, except as otherwise provided in this 

7 subsection, make payments to Puerto Rico equal 

8 to— 

9 ‘‘(A) the specified matching amount for 

10 such calendar year, plus 

11 ‘‘(B) in the case of calendar years 2021 

12 through 2025, the lesser of— 

13 ‘‘(i) the expenditures made by Puerto 

14 Rico during such calendar year for edu15 cation efforts with respect to individual 

16 taxpayers and tax return preparers relat17 ing to the earned income tax credit, or 

18 ‘‘(ii) $1,000,000. 

19 ‘‘(2) REQUIREMENT TO REFORM EARNED IN20 COME TAX CREDIT.—The Secretary shall not make 

21 any payments under paragraph (1) with respect to 

22 any calendar year unless Puerto Rico has in effect 

23 an earned income tax credit for taxable years begin24 ning in or with such calendar year which (relative to 

25 the earned income tax credit which was in effect for 

26 taxable years beginning in or with calendar year 


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1 2019) increases the percentage of earned income 

2 which is allowed as a credit for each group of indi3 viduals with respect to which such percentage is sep4 arately stated or determined in a manner designed 

5 to substantially increase workforce participation. 

6 ‘‘(3) SPECIFIED MATCHING AMOUNT.—For pur7 poses of this subsection— 

8 ‘‘(A) IN GENERAL.—The term ‘specified 

9 matching amount’ means, with respect to any 

10 calendar year, the lesser of— 

11 ‘‘(i) the excess (if any) of— 

12 ‘‘(I) the cost to Puerto Rico of 

13 the earned income tax credit for tax14 able years beginning in or with such 

15 calendar year, over 

16 ‘‘(II) the base amount for such 

17 calendar year, or 

18 ‘‘(ii) the product of 3, multiplied by 

19 the base amount for such calendar year. 

20 ‘‘(B) BASE AMOUNT.— 

21 ‘‘(i) BASE AMOUNT FOR 2021.—In the 

22 case of calendar year 2021, the term ‘base 

23 amount’ means the greater of— 

24 ‘‘(I) the cost to Puerto Rico of 

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1 able years beginning in or with cal2 endar year 2019 (rounded to the 

3 nearest multiple of $1,000,000), or 

4 ‘‘(II) $200,000,000. 

5 ‘‘(ii) INFLATION ADJUSTMENT.—In 

6 the case of any calendar year after 2021, 

7 the term ‘base amount’ means the dollar 

8 amount determined under clause (i) in9 creased by an amount equal to— 

10 ‘‘(I) such dollar amount, multi11 plied by— 

12 ‘‘(II) the cost-of-living adjust13 ment determined under section 1(f)(3) 

14 for such calendar year, determined by 

15 substituting ‘calendar year 2020’ for 

16 ‘calendar year 2016’ in subparagraph 

17 (A)(ii) thereof. 

18 Any amount determined under this clause 

19 shall be rounded to the nearest multiple of 

20 $1,000,000. 

21 ‘‘(4) RULES RELATED TO PAYMENTS AND RE22 PORTS.— 

23 ‘‘(A) TIMING OF PAYMENTS.—The Sec24 retary shall make payments under paragraph 

25 (1) for any calendar year— 


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1 ‘‘(i) after receipt of the report de2 scribed in subparagraph (B) for such cal3 endar year, and 

4 ‘‘(ii) except as provided in clause (i), 

5 within a reasonable period of time before 

6 the due date for individual income tax re7 turns (as determined under the laws of 

8 Puerto Rico) for taxable years which began 

9 on the first day of such calendar year. 

10 ‘‘(B) ANNUAL REPORTS.—With respect to 

11 calendar year 2021 and each calendar year 

12 thereafter, Puerto Rico shall provide to the Sec13 retary a report which shall include— 

14 ‘‘(i) an estimate of the costs described 

15 in paragraphs (1)(B)(i) and (3)(A)(i)(I) 

16 with respect to such calendar year, and 

17 ‘‘(ii) a statement of such costs with 

18 respect to the preceding calendar year. 

19 ‘‘(C) ADJUSTMENTS.— 

20 ‘‘(i) IN GENERAL.—In the event that 

21 any estimate of an amount is more or less 

22 than the actual amount as later deter23 mined and any payment under paragraph 

24 (1) was determined on the basis of such 

25 estimate, proper payment shall be made 


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1 by, or to, the Secretary (as the case may 

2 be) as soon as practicable after the deter3 mination that such estimate was inac4 curate. Proper adjustment shall be made in 

5 the amount of any subsequent payments 

6 made under paragraph (1) to the extent 

7 that proper payment is not made under the 

8 preceding sentence before such subsequent 

9 payments. 

10 ‘‘(ii) ADDITIONAL REPORTS.—The 

11 Secretary may require such additional peri12 odic reports of the information described in 

13 subparagraph (B) as the Secretary deter14 mines appropriate to facilitate timely ad15 justments under clause (i). 

16 ‘‘(D) DETERMINATION OF COST OF

17 EARNED INCOME TAX CREDIT.—For purposes 

18 of this subsection, the cost to Puerto Rico of 

19 the earned income tax credit shall be deter20 mined by the Secretary on the basis of the laws 

21 of Puerto Rico and shall include reductions in 

22 revenues received by Puerto Rico by reason of 

23 such credit and refunds attributable to such 

24 credit, but shall not include any administrative 

25 costs with respect to such credit. 


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1 ‘‘(b) POSSESSIONS WITH MIRROR CODE TAX SYS2 TEMS.— 

3 ‘‘(1) IN GENERAL.—With respect to calendar 

4 year 2021 and each calendar year thereafter, the 

5 Secretary shall, except as otherwise provided in this 

6 subsection, make payments to the Virgin Islands, 

7 Guam, and the Commonwealth of the Northern Mar8 iana Islands equal to— 

9 ‘‘(A) the cost to such possession of the 

10 earned income tax credit for taxable years be11 ginning in or with such calendar year, plus 

12 ‘‘(B) in the case of calendar years 2021 

13 through 2025, the lesser of— 

14 ‘‘(i) the expenditures made by such 

15 possession during such calendar year for 

16 education efforts with respect to individual 

17 taxpayers and tax return preparers relat18 ing to such earned income tax credit, or 

19 ‘‘(ii) $50,000. 

20 ‘‘(2) APPLICATION OF CERTAIN RULES.—Rules 

21 similar to the rules of subparagraphs (A), (B), (C), 

22 and (D) of subsection (a)(4) shall apply for purposes 

23 of this subsection. 

24 ‘‘(c) AMERICAN SAMOA.— 


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1 ‘‘(1) IN GENERAL.—With respect to calendar 

2 year 2021 and each calendar year thereafter, the 

3 Secretary shall, except as otherwise provided in this 

4 subsection, make payments to American Samoa 

5 equal to— 

6 ‘‘(A) the lesser of— 

7 ‘‘(i) the cost to American Samoa of 

8 the earned income tax credit for taxable 

9 years beginning in or with such calendar 

10 year, or 

11 ‘‘(ii) $16,000,000, plus 

12 ‘‘(B) in the case of calendar years 2021 

13 through 2025, the lesser of— 

14 ‘‘(i) the expenditures made by Amer15 ican Samoa during such calendar year for 

16 education efforts with respect to individual 

17 taxpayers and tax return preparers relat18 ing to such earned income tax credit, or 

19 ‘‘(ii) $50,000. 

20 ‘‘(2) REQUIREMENT TO ENACT AND MAINTAIN

21 AN EARNED INCOME TAX CREDIT.—The Secretary 

22 shall not make any payments under paragraph (1) 

23 with respect to any calendar year unless American 

24 Samoa has in effect an earned income tax credit for 

25 taxable years beginning in or with such calendar 


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1 year which allows a refundable tax credit to individ2 uals on the basis of the taxpayer’s earned income 

3 which is designed to substantially increase workforce 

4 participation. 

5 ‘‘(3) INFLATION ADJUSTMENT.—In the case of 

6 any calendar year after 2021, the $16,000,000 

7 amount in paragraph (1)(A)(ii) shall be increased by 

8 an amount equal to— 

9 ‘‘(A) such dollar amount, multiplied by— 

10 ‘‘(B) the cost-of-living adjustment deter11 mined under section 1(f)(3) for such calendar 

12 year, determined by substituting ‘calendar year 

13 2020’ for ‘calendar year 2016’ in subparagraph 

14 (A)(ii) thereof. 

15 Any increase determined under this clause shall be 

16 rounded to the nearest multiple of $100,000. 

17 ‘‘(4) APPLICATION OF CERTAIN RULES.—Rules 

18 similar to the rules of subparagraphs (A), (B), (C), 

19 and (D) of subsection (a)(4) shall apply for purposes 

20 of this subsection. 

21 ‘‘(d) TREATMENT OF PAYMENTS.—For purposes of 

22 section 1324 of title 31, United States Code, the payments 

23 under this section shall be treated in the same manner 

24 as a refund due from a credit provision referred to in sub25 section (b)(2) of such section.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of sections 

2 for chapter 77 of the Internal Revenue Code of 1986 is 

3 amended by adding at the end the following new item: 

‘‘Sec. 7530. Application of earned income tax credit to possessions of the 

United States.’’. 

4 SEC. 9626. TEMPORARY SPECIAL RULE FOR DETERMINING 

5 EARNED INCOME FOR PURPOSES OF EARNED 

6 INCOME TAX CREDIT. 

7 (a) IN GENERAL.—If the earned income of the tax8 payer for the taxpayer’s first taxable year beginning in 

9 2021 is less than the earned income of the taxpayer for 

10 the taxpayer’s first taxable year beginning in 2019, the 

11 credit allowed under section 32 of the Internal Revenue 

12 Code of 1986 may, at the election of the taxpayer, be de13 termined by substituting-— 

14 (1) such earned income for the taxpayer’s first 

15 taxable year beginning in 2019, for 

16 (2) such earned income for the taxpayer’s first 

17 taxable year beginning in 2021. 

18 (b) EARNED INCOME.— 

19 (1) IN GENERAL.—For purposes of this section, 

20 the term ‘‘earned income’’ has the meaning given 

21 such term under section 32(c) of the Internal Rev22 enue Code of 1986. 

23 (2) APPLICATION TO JOINT RETURNS.—For 

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1 turn, the earned income of the taxpayer for the first 

2 taxable year beginning in 2019 shall be the sum of 

3 the earned income of each spouse for such taxable 

4 year. 

5 (c) SPECIAL RULES.— 

6 (1) ERRORS TREATED AS MATHEMATICAL ER7 RORS.—For purposes of section 6213 of the Internal 

8 Revenue Code of 1986, an incorrect use on a return 

9 of earned income pursuant to subsection (a) shall be 

10 treated as a mathematical or clerical error. 

11 (2) NO EFFECT ON DETERMINATION OF GROSS

12 INCOME, ETC.—Except as otherwise provided in this 

13 subsection, the Internal Revenue Code of 1986 shall 

14 be applied without regard to any substitution under 

15 subsection (a). 

16 (d) TREATMENT OF CERTAIN POSSESSIONS.— 

17 (1) PAYMENTS TO POSSESSIONS WITH MIRROR

18 CODE TAX SYSTEMS.—The Secretary of the Treas19 ury shall pay to each possession of the United States 

20 which has a mirror code tax system amounts equal 

21 to the loss (if any) to that possession by reason of 

22 the application of the provisions of this section 

23 (other than this subsection) with respect to section 

24 32 of the Internal Revenue Code of 1986. Such 

25 amounts shall be determined by the Secretary of the 


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1 Treasury based on information provided by the gov2 ernment of the respective possession. 

3 (2) PAYMENTS TO OTHER POSSESSIONS.—The 

4 Secretary of the Treasury shall pay to each posses5 sion of the United States which does not have a mir6 ror code tax system amounts estimated by the Sec7 retary of the Treasury as being equal to the aggre8 gate benefits (if any) that would have been provided 

9 to residents of such possession by reason of the pro10 visions of this section (other than this subsection) 

11 with respect to section 32 of the Internal Revenue 

12 Code of 1986 if a mirror code tax system had been 

13 in effect in such possession. The preceding sentence 

14 shall not apply unless the respective possession has 

15 a plan, which has been approved by the Secretary of 

16 the Treasury, under which such possession will 

17 promptly distribute such payments to its residents. 

18 (3) MIRROR CODE TAX SYSTEM.—For purposes 

19 of this section, the term ‘‘mirror code tax system’’ 

20 means, with respect to any possession of the United 

21 States, the income tax system of such possession if 

22 the income tax liability of the residents of such pos23 session under such system is determined by ref24 erence to the income tax laws of the United States 

25 as if such possession were the United States. 


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1 (4) TREATMENT OF PAYMENTS.—For purposes 

2 of section 1324 of title 31, United States Code, the 

3 payments under this section shall be treated in the 

4 same manner as a refund due from a credit provi5 sion referred to in subsection (b)(2) of such section. 

6 PART 4—DEPENDENT CARE ASSISTANCE 

7 SEC. 9631. REFUNDABILITY AND ENHANCEMENT OF CHILD 

8 AND DEPENDENT CARE TAX CREDIT. 

9 (a) IN GENERAL.—Section 21 of the Internal Rev10 enue Code of 1986 is amended by adding at the end the 

11 following new subsection: 

12 ‘‘(g) SPECIAL RULES FOR 2021.—In the case of any 

13 taxable year beginning after December 31, 2020, and be14 fore January 1, 2022— 

15 ‘‘(1) CREDIT MADE REFUNDABLE.—If the tax16 payer (in the case of a joint return, either spouse) 

17 has a principal place of abode in the United States 

18 (determined as provided in section 32) for more than 

19 one-half of the taxable year, the credit allowed under 

20 subsection (a) shall be treated as a credit allowed 

21 under subpart C (and not allowed under this sub22 part). 

23 ‘‘(2) INCREASE IN DOLLAR LIMIT ON AMOUNT

24 CREDITABLE.—Subsection (c) shall be applied— 


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1 ‘‘(A) by substituting ‘$8,000’ for ‘$3,000’ 

2 in paragraph (1) thereof, and 

3 ‘‘(B) by substituting ‘$16,000’ for ‘$6,000’ 

4 in paragraph (2) thereof. 

5 ‘‘(3) INCREASE IN APPLICABLE PERCENTAGE.— 

6 Subsection (a)(2) shall be applied— 

7 ‘‘(A) by substituting ‘50 percent’ for ‘35 

8 percent ’, and 

9 ‘‘(B) by substituting ‘$125,000’ for 

10 ‘$15,000’. 

11 ‘‘(4) APPLICATION OF PHASEOUT TO HIGH IN12 COME INDIVIDUALS.— 

13 ‘‘(A) IN GENERAL.—Subsection (a)(2) 

14 shall be applied by substituting ‘the phaseout 

15 percentage’ for ‘20 percent’. 

16 ‘‘(B) PHASEOUT PERCENTAGE.—The term 

17 ‘phaseout percentage’ means 20 percent re18 duced (but not below zero) by 1 percentage 

19 point for each $2,000 (or fraction thereof) by 

20 which the taxpayer’s adjusted gross income for 

21 the taxable year exceeds $400,000.’’. 

22 (b) APPLICATION OF CREDIT IN POSSESSIONS.—Sec23 tion 21 of such Code, as amended by subsection (a), is 

24 amended by adding at the end the following new sub25 section: 


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1 ‘‘(h) APPLICATION OF CREDIT IN POSSESSIONS.— 

2 ‘‘(1) PAYMENT TO POSSESSIONS WITH MIRROR

3 CODE TAX SYSTEMS.—The Secretary shall pay to 

4 each possession of the United States with a mirror 

5 code tax system amounts equal to the loss (if any) 

6 to that possession by reason of the application of 

7 this section (determined without regard to this sub8 section) with respect to taxable years beginning in or 

9 with 2021. Such amounts shall be determined by the 

10 Secretary based on information provided by the gov11 ernment of the respective possession. 

12 ‘‘(2) PAYMENTS TO OTHER POSSESSIONS.—The 

13 Secretary shall pay to each possession of the United 

14 States which does not have a mirror code tax system 

15 amounts estimated by the Secretary as being equal 

16 to the aggregate benefits that would have been pro17 vided to residents of such possession by reason of 

18 this section with respect to taxable years beginning 

19 in or with 2021 if a mirror code tax system had 

20 been in effect in such possession. The preceding sen21 tence shall not apply unless the respective possession 

22 has a plan, which has been approved by the Sec23 retary, under which such possession will promptly 

24 distribute such payments to its residents. 


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1 ‘‘(3) COORDINATION WITH CREDIT ALLOWED

2 AGAINST UNITED STATES INCOME TAXES.—In the 

3 case of any taxable year beginning in or with 2021, 

4 no credit shall be allowed under this section to any 

5 individual— 

6 ‘‘(A) to whom a credit is allowable against 

7 taxes imposed by a possession with a mirror 

8 code tax system by reason of this section, or 

9 ‘‘(B) who is eligible for a payment under 

10 a plan described in paragraph (2). 

11 ‘‘(4) MIRROR CODE TAX SYSTEM.—For pur12 poses of this subsection, the term ‘mirror code tax 

13 system’ means, with respect to any possession of the 

14 United States, the income tax system of such posses15 sion if the income tax liability of the residents of 

16 such possession under such system is determined by 

17 reference to the income tax laws of the United 

18 States as if such possession were the United States. 

19 ‘‘(5) TREATMENT OF PAYMENTS.—For pur20 poses of section 1324 of title 31, United States 

21 Code, the payments under this subsection shall be 

22 treated in the same manner as a refund due from 

23 a credit provision referred to in subsection (b)(2) of 

24 such section.’’. 

25 (c) CONFORMING AMENDMENTS.— 


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1 (1) Section 6211(b)(4)(A) of such Code, as 

2 amended by the preceding provisions of this Act, is 

3 amended by inserting ‘‘21 by reason of subsection 

4 (g) thereof,’’ before ‘‘24’’. 

5 (2) Section 1324(b)(2) of title 31, United 

6 States Code (as amended by the preceding provi7 sions of this title), is amended by inserting ‘‘21,’’ be8 fore ‘‘24’’. 

9 (d) EFFECTIVE DATE.—The amendments made by 

10 this section shall apply to taxable years beginning after 

11 December 31, 2020. 

12 SEC. 9632. INCREASE IN EXCLUSION FOR EMPLOYER-PRO13 VIDED DEPENDENT CARE ASSISTANCE. 

14 (a) IN GENERAL.—Section 129(a)(2) of the Internal 

15 Revenue Code of 1986 is amended by adding at the end 

16 the following new subparagraph: 

17 ‘‘(D) SPECIAL RULE FOR 2021.—In the 

18 case of any taxable year beginning after Decem19 ber 31, 2020, and before January 1, 2022, sub20 paragraph (A) shall be applied be substituting 

21 ‘$10,500 (half such dollar amount’ for ‘$5,000 

22 ($2,500’.’’. 

23 (b) EFFECTIVE DATE.—The amendment made by 

24 this section shall apply to taxable years beginning after 

25 December 31, 2020. 


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1 (c) RETROACTIVE PLAN AMENDMENTS.—A plan that 

2 otherwise satisfies all applicable requirements of sections 

3 125 and 129 of the Internal Revenue Code of 1986 (in4 cluding any rules or regulations thereunder) shall not fail 

5 to be treated as a cafeteria plan or dependent care assist6 ance program merely because such plan is amended pursu7 ant to a provision under this section and such amendment 

8 is retroactive, if— 

9 (1) such amendment is adopted no later than 

10 the last day of the plan year in which the amend11 ment is effective, and 

12 (2) the plan is operated consistent with the 

13 terms of such amendment during the period begin14 ning on the effective date of the amendment and 

15 ending on the date the amendment is adopted. 

16 PART 5—CREDITS FOR PAID SICK AND FAMILY 

17 LEAVE 

18 SEC. 9641. EXTENSION OF CREDITS. 

19 (a) IN GENERAL.—The following provisions of the 

20 Families First Coronavirus Response Act are each amend21 ed by striking ‘‘March 31, 2021’’ and inserting ‘‘Sep22 tember 30, 2021’’: 

23 (1) Section 7001(c)(2)(A). 

24 (2) Section 7001(g). 

25 (3) Section 7002(b)(2)(B)(i). 


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1 (4) Section 7002(e). 

2 (5) Section 7003(c)(2)(A). 

3 (6) Section 7003(g). 

4 (7) Section 7004(b)(2)(B)(i). 

5 (8) Section 7004(e). 

6 (b) CONFORMING AMENDMENT.—Section 7005(a) of 

7 such Act is amended by striking ‘‘April 1, 2021’’ and in8 serting ‘‘October 1, 2021’’. 

9 SEC. 9642. INCREASE IN LIMITATIONS ON CREDITS FOR 

10 PAID FAMILY LEAVE. 

11 (a) INCREASE IN OVERALL LIMITATION ON QUALI12 FIED FAMILY LEAVE WAGES.— 

13 (1) IN GENERAL.—Section 7003(b)(1)(B) of 

14 the Families First Coronavirus Response Act is 

15 amended by striking ‘‘$10,000’’ and inserting 

16 ‘‘$12,000’’. 

17 (2) CONFORMING AMENDMENT.—Section 

18 7004(d)(3) of such Act is amended by striking 

19 ‘‘$10,000’’ and inserting ‘‘$12,000’’. 

20 (b) INCREASE IN QUALIFIED FAMILY LEAVE EQUIV21 ALENT AMOUNT FOR SELF-EMPLOYED INDIVIDUALS.— 

22 Section 7004(c)(1)(A) of such Act is amended by striking 

23 ‘‘50’’ and inserting ‘‘60’’. 

24 (c) COORDINATION WITH DEFINITION OF QUALIFIED

25 FAMILY LEAVE WAGES.—Section 7003(c)(2)(A) of such 


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1 Act, as amended by the preceding provisions of this part, 

2 is amended to read as follows: 

3 ‘‘(A) which would be so required to be paid 

4 if— 

5 ‘‘(i) section 102(a)(1)(F) of the Fam6 ily and Medical Leave Act of 1993 were 

7 applied by substituting ‘September 30, 

8 2021’ for ‘December 31, 2020’, and 

9 ‘‘(ii) section 110(b)(2)(B)(ii) of such 

10 Act were applied by substituting ‘$12,000’ 

11 for ‘$10,000’, and’’. 

12 SEC. 9643. EXPANSION OF LEAVE TO WHICH PAID FAMILY 

13 LEAVE CREDITS APPLIES. 

14 (a) IN GENERAL.—Section 7003(c)(2)(A) of the 

15 Families First Coronavirus Response Act, as amended by 

16 the preceding provisions of this part, is amended by strik17 ing ‘‘and’’ at the end of clause (i), by redesignating clause 

18 (ii) as clause (iii), and by inserting after clause (i) the 

19 following new clause: 

20 ‘‘(ii) section 110(a)(2)(A) of such Act 

21 were applied by inserting ‘or any reason 

22 for leave described in section 5102(a) of 

23 the Families First Coronavirus Response 

24 Act’ after ‘public health emergency’, and’’. 


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1 (b) APPLICATION TO CREDIT FOR PAID FAMILY

2 LEAVE FOR SELF-EMPLOYED INDIVIDUALS.—Section 

3 7004(b)(2)(B) of such Act is amended by striking ‘‘and’’ 

4 at the end of clause (i), by redesignating clause (ii) as 

5 clause (iii), and by inserting after clause (i) the following 

6 new clause: 

7 ‘‘(ii) section 110(a)(2)(A) of such Act 

8 were applied by inserting ‘or any reason 

9 for leave described in section 5102(a) of 

10 the Families First Coronavirus Response 

11 Act’ after ‘public health emergency’, and’’. 

12 SEC. 9644. PAID LEAVE CREDITS ALLOWED FOR LEAVE FOR 

13 COVID-VACCINATION. 

14 (a) PAID SICK LEAVE CREDIT.—Section 

15 7001(c)(2)(A) of the Families First Coronavirus Response 

16 Act is amended by striking ‘‘and’’ at the end of clause 

17 (i), by redesignating clause (ii) as clause (iii), and by in18 serting after clause (i) the following new clause: 

19 ‘‘(ii) by inserting ‘or the employee is 

20 obtaining immunization related to COVID– 

21 19 or recovering from any injury, dis22 ability, illness, or condition related to such 

23 immunization’ after ‘medical diagnosis’ in 

24 section 5102(a)(3), and’’. 


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1 (b) PAID SICK LEAVE CREDIT FOR SELF-EMPLOYED

2 INDIVIDUALS.—Section 7002(b)(2)(B)(i) of such Act, as 

3 amended by the preceding provisions of this part, is 

4 amended to read as follows: 

5 ‘‘(i) such Act were applied— 

6 ‘‘(I) by substituting ‘September 

7 30, 2021’ for ‘December 31, 2020’ in 

8 section 5109 thereof, and 

9 ‘‘(II) by inserting ‘or the em10 ployee is obtaining immunization re11 lated to COVID–19 or recovering 

12 from any injury, disability, illness, or 

13 condition related to such immuniza14 tion’ after ‘medical diagnosis’ in sec15 tion 5102(a)(3), and’’. 

16 (c) PAID FAMILY LEAVE CREDIT.—Section 

17 7003(c)(2)(A)(ii) of such Act, as amended by the pre18 ceding provisions of this part, is amended by inserting ‘‘or 

19 to obtain immunization related to COVID–19 or to recover 

20 from any injury, disability, illness, or condition related to 

21 such immunization’’ after ‘‘section 5102(a) of the Fami22 lies First Coronavirus Response Act’’. 

23 (d) PAID FAMILY LEAVE CREDIT FOR SELF-EM24 PLOYED INDIVIDUALS.—Section 7004(b)(2)(B)(ii) of such 

25 Act, as amended by the preceding provisions of this part, 


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1 is amended by inserting ‘‘or to obtain immunization re2 lated to COVID–19 or to recover from any injury, dis3 ability, illness, or condition related to such immunization’’ 

4 after ‘‘section 5102(a) of the Families First Coronavirus 

5 Response Act’’. 

6 SEC. 9645. APPLICATION OF NON-DISCRIMINATION RULES. 

7 (a) PAID SICK LEAVE CREDIT.—Section 7001 of the 

8 Families First and Coronavirus Response Act is amended 

9 by adding at the end the following new subsection: 

10 ‘‘(j) NON-DISCRIMINATION REQUIREMENT.—No 

11 credit shall be allowed under this section to any employer 

12 for any calendar quarter if such employer, with respect 

13 to the availability of the provision of qualified sick leave 

14 wages to which this section otherwise applies for such cal15 endar quarter, discriminates in favor of highly com16 pensated employees (within the meaning of section 414(q) 

17 of the Internal Revenue Code of 1986), full-time employ18 ees, or employees on the basis of employment tenure with 

19 such employer.’’. 

20 (b) PAID FAMILY LEAVE CREDIT.—Section 7003 of 

21 such Act is amended by adding at the end the following 

22 new subsection: 

23 ‘‘(j) NON-DISCRIMINATION REQUIREMENT.—No 

24 credit shall be allowed under this section to any employer 

25 for any calendar quarter if such employer, with respect 


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1 to the availability of the provision of qualified family leave 

2 wages to which this section otherwise applies for such cal3 endar quarter, discriminates in favor of highly com4 pensated employees (within the meaning of section 414(q) 

5 of the Internal Revenue Code of 1986), full-time employ6 ees, or employees on the basis of employment tenure with 

7 such employer.’’. 

8 SEC. 9646. RESET OF LIMITATION ON PAID SICK LEAVE. 

9 (a) IN GENERAL.—Section 7001(b)(2) of the Fami10 lies First Coronavirus Response Act is amended to read 

11 as follows: 

12 ‘‘(2) OVERALL LIMITATION ON NUMBER OF

13 DAYS TAKEN INTO ACCOUNT.— 

14 ‘‘(A) LIMITATION APPLICABLE AFTER THE

15 FIRST QUARTER OF 2021.—In the case of cal16 endar quarters beginning after March 31, 2021, 

17 in any calendar year, the aggregate number of 

18 days taken into account under paragraph (1) 

19 shall not exceed the excess (if any) of— 

20 ‘‘(i) 10, over 

21 ‘‘(ii) the aggregate number of days so 

22 taken into account during preceding cal23 endar quarters in such calendar year 

24 (other than the first quarter of calendar 

25 year 2021). 


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1 ‘‘(B) LIMITATION APPLICABLE BEFORE

2 THE SECOND QUARTER OF 2021.—In the case of 

3 calendar quarters beginning before April 1, 

4 2021, the aggregate number of days taken into 

5 account under paragraph (1) for any calendar 

6 quarter shall not exceed the excess (if any) of— 

7 ‘‘(i) 10, over 

8 ‘‘(ii) the aggregate number of days so 

9 taken into account for all preceding cal10 endar quarters.’’. 

11 (b) COORDINATION WITH MANDATE PROVISIONS.— 

12 Section 7001(c)(2)(A) of such Act, as amended by the pre13 ceding provisions of this part, is amended by striking 

14 ‘‘and’’ at the end of clause (ii), by redesignating clause 

15 (iii) as clause (iv), and by inserting after clause (ii) the 

16 following new clause: 

17 ‘‘(iii) by applying section 5102(b)(1) 

18 of such Act separately with respect to the 

19 period before April 1, 2021, and to each 

20 calendar year after 2020 (and, in the case 

21 of calendar year 2021, without regard to 

22 the first quarter thereof), and’’. 

23 (c) APPLICATION TO SICK LEAVE CREDIT FOR THE

24 SELF-EMPLOYED.— 


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1 (1) IN GENERAL.—Section 7002(c) of such Act 

2 is amended— 

3 (A) by striking ‘‘(but not more than the 

4 applicable number of days)’’ in paragraph 

5 (1)(A) and inserting ‘‘(but not more than 10)’’, 

6 and 

7 (B) by striking paragraph (3) and redesig8 nating paragraph (4) as paragraph (3). 

9 (2) COORDINATION WITH MANDATE PROVI10 SIONS.—Section 7002(b)(2)(B)(i) of such Act, as 

11 amended by the preceding provisions of this part, is 

12 amended by striking ‘‘and’’ at the end of subclause 

13 (I), by striking ‘‘and’’ at the end of subclause (II), 

14 and by adding at the end the following new sub15 clauses: 

16 ‘‘(III) by applying section 

17 5102(b)(1) of such Act separately 

18 with respect to each taxable year, and 

19 ‘‘(IV) without regard to section 

20 5102(b)(3) thereof, and’’. 

21 SEC. 9647. CREDITS ALLOWED AGAINST EMPLOYER HOS22 PITAL INSURANCE TAX. 

23 (a) IN GENERAL.—The following provisions of the 

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1 ed by striking ‘‘section 3111(a)’’ and inserting ‘‘section 

2 3111(b)’’: 

3 (1) Section 7001(a). 

4 (2) Section 7001(b)(3). 

5 (3) The section 7001(e)(4) which relates to ref6 erences to railroad retirement tax. 

7 (4) Section 7001(i). 

8 (5) Section 7003(a). 

9 (6) Section 7003(b)(2). 

10 (7) The section 7003(e)(4) which relates to ref11 erences to railroad retirement tax. 

12 (8) Section 7003(i). 

13 (b) CONFORMING AMENDMENTS.— 

14 (1) Section 7001(b)(3) of such Act is amended 

15 by striking ‘‘(reduced by any credits allowed under 

16 subsections (e) and (f) of section 3111 of such Code, 

17 and section 303(d) of the Taxpayer Certainty and 

18 Disaster Tax Relief Act of 2020, for such quarter)’’. 

19 (2) Section 7001 of such Act is amended by 

20 striking subsection (h). 

21 (3) Section 7003(b)(2) of such Act is amended 

22 by striking ‘‘(reduced by any credits allowed under 

23 subsections (e) and (f) of section 3111 of such Code, 

24 section 7001 of this Act, and section 303(d) of the 

25 Taxpayer Certainty and Disaster Tax Relief Act of 


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1 2020, for such quarter)’’ and inserting ‘‘(reduced by 

2 any credits allowed under section 7001 of this Act)’’. 

3 (4) Section 7003 of such Act is amended by 

4 striking subsection (h). 

5 (5) Section 7005(a) of such Act is amended by 

6 striking ‘‘section 3111(a)’’ both places it appears 

7 and inserting ‘‘section 3111(b)’’. 

8 (6) Section 7005 of such Act is amended by 

9 striking subsection (c). 

10 SEC. 9648. APPLICATION OF CREDITS TO CERTAIN GOVERN11 MENTAL EMPLOYERS. 

12 (a) CREDIT FOR PAID SICK LEAVE.—Section 

13 7001(e) of the Families First Coronavirus Response Act 

14 is amended— 

15 (1) by striking the paragraph (4) which relates 

16 to certain governmental employers, and 

17 (2) by adding at the end the following new 

18 paragraph: 

19 ‘‘(5) CERTAIN GOVERNMENTAL EMPLOYERS.— 

20 No credit shall be allowed under this section to the 

21 Government of the United States or to any agency 

22 or instrumentality thereof. The preceding sentence 

23 shall not apply to any organization described in sec24 tion 501(c)(1) of the Internal Revenue Code of 1986 


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1 and exempt from tax under section 501(a) of such 

2 Code.’’. 

3 (b) CREDIT FOR PAID FAMILY LEAVE.—Section 

4 7003(e) of such Act is amended— 

5 (1) by striking the paragraph (4) which relates 

6 to certain governmental employers, and 

7 (2) by adding at the end the following new 

8 paragraph: 

9 ‘‘(5) CERTAIN GOVERNMENTAL EMPLOYERS.— 

10 No credit shall be allowed under this section to the 

11 Government of the United States or to any agency 

12 or instrumentality thereof. The preceding sentence 

13 shall not apply to any organization described in sec14 tion 501(c)(1) of the Internal Revenue Code of 1986 

15 and exempt from tax under section 501(a) of such 

16 Code.’’. 

17 SEC. 9649. GROSS UP OF CREDIT IN LIEU OF EXCLUSION 

18 FROM TAX. 

19 (a) IN GENERAL.—Section 7005 of the Families 

20 First Coronavirus Response Act (as amended by the pre21 ceding provisions of this part) is amended— 

22 (1) by amending subsection (a) to read as fol23 lows: 

24 ‘‘(a) IN GENERAL.—The credit allowed by section 

25 7001 and the credit allowed by section 7003 shall each 


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1 be increased by the amount of the taxes imposed by sub2 sections (a) and (b) of section 3111 and section 3221(a) 

3 of the Internal Revenue Code of 1986 on qualified sick 

4 leave wages, or qualified family leave wages, for which 

5 credit is allowed under such section 7001 or 7003 (respec6 tively).’’, 

7 (2) by striking so much of subsection (b) as 

8 precedes paragraph (2) thereof, 

9 (3) by redesignating such paragraph (2) as sub10 section (b) and adjusting the indentation thereof ac11 cordingly, and 

12 (4) by striking ‘‘paragraph (1)’’ in such sub13 section (b) (as so redesignated) and inserting ‘‘sub14 section (a)’’. 

15 (b) COORDINATION WITH DEFINITION OF QUALI16 FIED WAGES.— 

17 (1) Section 7001(c) of such Act is amended— 

18 (A) by striking ‘‘and section 7005(a) of 

19 this Act,’’, and 

20 (B) by striking ‘‘and without regard to sec21 tion 7005(a) of this Act)’’. 

22 (2) Section 7003(c) of such Act is amended by 

23 striking ‘‘wages (as defined’’ and all that follows 

24 through ‘‘paid by an employer’’ and inserting 

25 ‘‘wages (as defined in section 3121(a) of the InterVerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00535 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319

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1 nal Revenue Code of 1986, determined without re2 gard to paragraphs (1) through (22) of section 

3 3121(b) of such Code) and compensation (as defined 

4 in section 3231(e) of the Internal Revenue Code, de5 termined without regard to the sentence in para6 graph (1) thereof which begins ‘Such term does not 

7 include remuneration’) paid by an employer’’. 

8 SEC. 9650. EFFECTIVE DATE. 

9 (a) IN GENERAL.—Except as otherwise provided in 

10 this section, the amendments made by this part shall apply 

11 to amounts paid with respect to calendar quarters begin12 ning after March 31, 2021. 

13 (b) APPLICATION TO SELF-EMPLOYMENT TAX CRED14 ITS.—The amendments made by this part to any provision 

15 of section 7002 or 7004 of the Families First Coronavirus 

16 Response Act shall apply to taxable years beginning after 

17 December 31, 2020. 

18 PART 6—EMPLOYEE RETENTION CREDIT 

19 SEC. 9651. EXTENSION OF EMPLOYEE RETENTION CREDIT. 

20 (a) IN GENERAL.—Section 2301(m) of the CARES 

21 Act is amended by striking ‘‘July 1, 2021’’ and inserting 

22 ‘‘January 1, 2022’’. 

23 (b) CREDIT ALLOWED AGAINST EMPLOYER HOS24 PITAL INSURANCE TAX.— 


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1 (1) IN GENERAL.—Subparagraphs (A) and (B) 

2 of section 2301(c)(1) of such Act are each amended 

3 by striking ‘‘section 3111(a)’’ and inserting ‘‘section 

4 3111(b)’’. 

5 (2) CONFORMING AMENDMENTS.—Section 

6 2301(b)(2) of such Act is amended— 

7 (A) by striking ‘‘subsections (e) and (f) of 

8 section 3111 of the Internal Revenue Code of 

9 1986,’’, and 

10 (B) by striking ‘‘, and section 303(d) of 

11 the Taxpayer Certainty and Disaster Tax Relief 

12 Act of 2020’’. 

13 (c) EFFECTIVE DATE.—The amendments made by 

14 this section shall apply to calendar quarters beginning 

15 after June 30, 2021. 

16 PART 7—PREMIUM TAX CREDIT 

17 SEC. 9661. IMPROVING AFFORDABILITY BY EXPANDING 

18 PREMIUM ASSISTANCE FOR CONSUMERS. 

19 (a) IN GENERAL.—Section 36B(b)(3)(A) of the In20 ternal Revenue Code of 1986 is amended by adding at the 

21 end the following new clause: 

22 ‘‘(iii) TEMPORARY PERCENTAGES FOR

23 2021 AND 2022.—In the case of a taxable 

24 year beginning in 2021 or 2022— 


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1 ‘‘(I) clause (ii) shall not apply for 

2 purposes of adjusting premium per3 centages under this subparagraph, 

4 and 

5 ‘‘(II) the following table shall be 

6 applied in lieu of the table contained 

7 in clause (i): 

‘‘In the case of household 

income (expressed as 

a percent of poverty line) 

within the following income tier: 

The initial 

premium 

percentage is— 

The final 

premium 

percentage is— 

Up to 150.0 percent ................................... 0.0 0.0

150.0 percent up to 200.0 percent ............. 0.0 2.0

200.0 percent up to 250.0 percent ............. 2.0 4.0

250.0 percent up to 300.0 percent ............. 4.0 6.0

300.0 percent up to 400.0 percent ............. 6.0 8.5

400.0 percent and higher ........................... 8.5 8.5’’. 

8 (b) CONFORMING AMENDMENT.—Section 36B(c)(1) 

9 of the Internal Revenue Code of 1986 is amended by add10 ing at the end the following new subparagraph: 

11 ‘‘(E) TEMPORARY RULE FOR 2021 AND

12 2022.—In the case of a taxable year beginning 

13 in 2021 or 2022, subparagraph (A) shall be ap14 plied without regard to ‘but does not exceed 

15 400 percent’.’’. 

16 (c) EFFECTIVE DATE.—The amendments made by 

17 this section shall apply to taxable years beginning after 

18 December 31, 2020. 


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1 SEC. 9662. TEMPORARY MODIFICATION OF LIMITATIONS 

2 ON RECONCILIATION OF TAX CREDITS FOR 

3 COVERAGE UNDER A QUALIFIED HEALTH 

4 PLAN WITH ADVANCE PAYMENTS OF SUCH 

5 CREDIT. 

6 (a) IN GENERAL.—Section 36B(f)(2)(B) of the Inter7 nal Revenue Code of 1986 is amended by adding at the 

8 end the following new clause: 

9 ‘‘(iii) TEMPORARY MODIFICATION OF

10 LIMITATION ON INCREASE.—In the case of 

11 any taxable year beginning in 2020, for 

12 any taxpayer who files for such taxable 

13 year an income tax return reconciling any 

14 advance payment of the credit under this 

15 section, the Secretary shall treat subpara16 graph (A) as not applying.’’. 

17 (b) EFFECTIVE DATE.—The amendment made by 

18 this section shall apply to taxable years beginning after 

19 December 31, 2019. 

20 SEC. 9663. APPLICATION OF PREMIUM TAX CREDIT IN CASE 

21 OF INDIVIDUALS RECEIVING UNEMPLOY22 MENT COMPENSATION DURING 2021. 

23 (a) IN GENERAL.—Section 36B of the Internal Rev24 enue Code of 1986 is amended by redesignating subsection 

25 (g) as subsection (h) and by inserting after subsection (f) 

26 the following new subsection: 


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1 ‘‘(g) SPECIAL RULE FOR INDIVIDUALS WHO RE2 CEIVE UNEMPLOYMENT COMPENSATION DURING 2021.— 

3 ‘‘(1) IN GENERAL.—For purposes of this sec4 tion, in the case of a taxpayer who has received, or 

5 has been approved to receive, unemployment com6 pensation for any week beginning during 2021, for 

7 the taxable year in which such week begins— 

8 ‘‘(A) such taxpayer shall be treated as an 

9 applicable taxpayer, and 

10 ‘‘(B) there shall not be taken into account 

11 any household income of the taxpayer in excess 

12 of 133 percent of the poverty line for a family 

13 of the size involved. 

14 ‘‘(2) UNEMPLOYMENT COMPENSATION.—For 

15 purposes of this subsection, the term ‘unemployment 

16 compensation’ has the meaning given such term in 

17 section 85(b). 

18 ‘‘(3) EVIDENCE OF UNEMPLOYMENT COM19 PENSATION.—For purposes of this subsection, a tax20 payer shall not be treated as having received (or 

21 been approved to receive) unemployment compensa22 tion for any week unless such taxpayer provides self23 attestation of, and such documentation as the Sec24 retary shall prescribe which demonstrates, such re25 ceipt or approval. 


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1 ‘‘(4) CLARIFICATION OF RULES REMAINING AP2 PLICABLE.— 

3 ‘‘(A) JOINT RETURN REQUIREMENT.— 

4 Paragraph (1)(A) shall not affect the applica5 tion of subsection (c)(1)(C). 

6 ‘‘(B) HOUSEHOLD INCOME AND

7 AFFORDABILLITY.—Paragraph (1)(B) shall not 

8 apply to any determination of household income 

9 for purposes of paragraph (2)(C)(i)(II) or 

10 (4)(C)(ii) of subsection (c)’’. 

11 (b) EFFECTIVE DATE.—The amendments made by 

12 this section shall apply to taxable years beginning after 

13 December 31, 2020. 

14 PART 8—MISCELLANEOUS PROVISIONS 

15 SEC. 9671. REPEAL OF ELECTION TO ALLOCATE INTEREST, 

16 ETC. ON WORLDWIDE BASIS. 

17 (a) IN GENERAL.—Section 864 of the Internal Rev18 enue Code of 1986 is amended by striking subsection (f). 

19 (b) EFFECTIVE DATE.—The amendment made by 

20 this section shall apply to taxable years beginning after 

21 December 31, 2020. 

22 SEC. 9672. TAX TREATMENT OF TARGETED EIDL ADVANCES. 

23 For purposes of the Internal Revenue Code of 

24 1986— 


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1 (1) amounts received from the Administrator of 

2 the Small Business Administration in the form of a 

3 Targeted EIDL Advance shall not be included in the 

4 gross income of the person that receives such 

5 amounts, 

6 (2) no deduction shall be denied, no tax at7 tribute shall be reduced, and no basis increase shall 

8 be denied, by reason of the exclusion from gross in9 come provided by paragraph (1), and 

10 (3) in the case of a partnership or S corpora11 tion that receives such amounts— 

12 (A) any amount excluded from income by 

13 reason of paragraph (1) shall be treated as tax 

14 exempt income for purposes of sections 705 and 

15 1366 of the Internal Revenue Code of 1986, 

16 and 

17 (B) the Secretary of the Treasury (or the 

18 Secretary’s delegate) shall prescribe rules for 

19 determining a partner’s distributive share of 

20 any amount described in subparagraph (A) for 

21 purposes of section 705 of the Internal Revenue 

22 Code of 1986. 


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1 SEC. 9673. TAX TREATMENT OF RESTAURANT REVITALIZA2 TION GRANTS. 

3 For purposes of the Internal Revenue Code of 

4 1986— 

5 (1) amounts received from the Administrator of 

6 the Small Business Administration in the form of a 

7 Restaurant Revitalization Grant shall not be in8 cluded in the gross income of the person that re9 ceives such amounts, 

10 (2) no deduction shall be denied, no tax at11 tribute shall be reduced, and no basis increase shall 

12 be denied, by reason of the exclusion from gross in13 come provided by paragraph (1), and 

14 (3) in the case of a partnership or S corpora15 tion that receives such amounts— 

16 (A) except as otherwise provided by the 

17 Secretary of the Treasury (or the Secretary’s 

18 delegate), any amount excluded from income by 

19 reason of paragraph (1) shall be treated as tax 

20 exempt income for purposes of sections 705 and 

21 1366 of the Internal Revenue Code of 1986, 

22 and 

23 (B) the Secretary of the Treasury (or the 

24 Secretary’s delegate) shall prescribe rules for 

25 determining a partner’s distributive share of 

26 any amount described in subparagraph (A) for 


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1 purposes of section 705 of the Internal Revenue 

2 Code of 1986. 

3 Subtitle H—Pensions 

4 SEC. 9700. SHORT TITLE. 

5 This subtitle may be cited as the ‘‘Butch Lewis 

6 Emergency Pension Plan Relief Act of 2021’’. 

7 SEC. 9701. TEMPORARY DELAY OF DESIGNATION OF MULTI8 EMPLOYER PLANS AS IN ENDANGERED, CRIT9 ICAL, OR CRITICAL AND DECLINING STATUS. 

10 (a) IN GENERAL.—Notwithstanding the actuarial 

11 certification under section 305(b)(3) of the Employee Re12 tirement Income Security Act of 1974 and section 

13 432(b)(3) of the Internal Revenue Code of 1986, if a plan 

14 sponsor of a multiemployer plan elects the application of 

15 this section, then, for purposes of section 305 of such Act 

16 and section 432 of such Code— 

17 (1) the status of the plan for its first plan year 

18 beginning during the period beginning on March 1, 

19 2020, and ending on February 28, 2021, or the next 

20 succeeding plan year (as designated by the plan 

21 sponsor in such election), shall be the same as the 

22 status of such plan under such sections for the plan 

23 year preceding such designated plan year, and 

24 (2) in the case of a plan which was in endan25 gered or critical status for the plan year preceding 


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1 the designated plan year described in paragraph (1), 

2 the plan shall not be required to update its plan or 

3 schedules under section 305(c)(6) of such Act and 

4 section 432(c)(6) of such Code, or section 

5 305(e)(3)(B) of such Act and section 432(e)(3)(B) 

6 of such Code, whichever is applicable, until the plan 

7 year following the designated plan year described in 

8 paragraph (1). 

9 (b) EXCEPTION FOR PLANS BECOMING CRITICAL

10 DURING ELECTION.—If— 

11 (1) an election was made under subsection (a) 

12 with respect to a multiemployer plan, and 

13 (2) such plan has, without regard to such elec14 tion, been certified by the plan actuary under section 

15 305(b)(3) of the Employee Retirement Income Secu16 rity Act of 1974 and section 432(b)(3) of the Inter17 nal Revenue Code of 1986 to be in critical status for 

18 the designated plan year described in subsection 

19 (a)(1), then such plan shall be treated as a plan in 

20 critical status for such plan year for purposes of ap21 plying section 4971(g)(1)(A) of such Code, section 

22 302(b)(3) of such Act (without regard to the second 

23 sentence thereof), and section 412(b)(3) of such 

24 Code (without regard to the second sentence there25 of). 


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1 (c) ELECTION AND NOTICE.— 

2 (1) ELECTION.—An election under subsection 

3 (a)— 

4 (A) shall be made at such time and in such 

5 manner as the Secretary of the Treasury or the 

6 Secretary’s delegate may prescribe and, once 

7 made, may be revoked only with the consent of 

8 the Secretary, and 

9 (B) if made— 

10 (i) before the date the annual certifi11 cation is submitted to the Secretary or the 

12 Secretary’s delegate under section 

13 305(b)(3) of such Act and section 

14 432(b)(3) of such Code, shall be included 

15 with such annual certification, and 

16 (ii) after such date, shall be submitted 

17 to the Secretary or the Secretary’s delegate 

18 not later than 30 days after the date of the 

19 election. 

20 (2) NOTICE TO PARTICIPANTS.— 

21 (A) IN GENERAL.—Notwithstanding sec22 tion 305(b)(3)(D) of the Employee Retirement 

23 Income Security Act of 1974 and section 

24 432(b)(3)(D) of the Internal Revenue Code of 

25 1986, if, by reason of an election made under 


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1 subsection (a), the plan is in neither endan2 gered nor critical status— 

3 (i) the plan sponsor of a multiem4 ployer plan shall not be required to provide 

5 notice under such sections, and 

6 (ii) the plan sponsor shall provide to 

7 the participants and beneficiaries, the bar8 gaining parties, the Pension Benefit Guar9 anty Corporation, and the Secretary of 

10 Labor a notice of the election under sub11 section (a) and such other information as 

12 the Secretary of the Treasury (in consulta13 tion with the Secretary of Labor) may re14 quire— 

15 (I) if the election is made before 

16 the date the annual certification is 

17 submitted to the Secretary or the Sec18 retary’s delegate under section 

19 305(b)(3) of such Act and section 

20 432(b)(3) of such Code, not later than 

21 30 days after the date of the certifi22 cation, and 

23 (II) if the election is made after 

24 such date, not later than 30 days 

25 after the date of the election. 


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1 (B) NOTICE OF ENDANGERED STATUS.— 

2 Notwithstanding section 305(b)(3)(D) of such 

3 Act and section 432(b)(3)(D) of such Code, if 

4 the plan is certified to be in critical status for 

5 any plan year but is in endangered status by 

6 reason of an election made under subsection 

7 (a), the notice provided under such sections 

8 shall be the notice which would have been pro9 vided if the plan had been certified to be in en10 dangered status. 

11 SEC. 9702. TEMPORARY EXTENSION OF THE FUNDING IM12 PROVEMENT AND REHABILITATION PERIODS 

13 FOR MULTIEMPLOYER PENSION PLANS IN 

14 CRITICAL AND ENDANGERED STATUS FOR 

15 2020 OR 2021. 

16 (a) IN GENERAL.—If the plan sponsor of a multiem17 ployer plan which is in endangered or critical status for 

18 a plan year beginning in 2020 or 2021 (determined after 

19 application of section 9701) elects the application of this 

20 section, then, for purposes of section 305 of the Employee 

21 Retirement Income Security Act of 1974 and section 432 

22 of the Internal Revenue Code of 1986— 

23 (1) except as provided in paragraph (2), the 

24 plan’s funding improvement period or rehabilitation 


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1 period, whichever is applicable, shall be 15 years 

2 rather than 10 years, and 

3 (2) in the case of a plan in seriously endan4 gered status, the plan’s funding improvement period 

5 shall be 20 years rather than 15 years. 

6 (b) DEFINITIONS AND SPECIAL RULES.—For pur7 poses of this section— 

8 (1) ELECTION.—An election under this section 

9 shall be made at such time, and in such manner and 

10 form, as (in consultation with the Secretary of 

11 Labor) the Secretary of the Treasury or the Sec12 retary’s delegate may prescribe. 

13 (2) DEFINITIONS.—Any term which is used in 

14 this section which is also used in section 305 of the 

15 Employee Retirement Income Security Act of 1974 

16 and section 432 of the Internal Revenue Code of 

17 1986 shall have the same meaning as when used in 

18 such sections. 

19 (c) EFFECTIVE DATE.—This section shall apply to 

20 plan years beginning after December 31, 2019. 

21 SEC. 9703. ADJUSTMENTS TO FUNDING STANDARD AC22 COUNT RULES. 

23 (a) ADJUSTMENTS.— 

24 (1) AMENDMENT TO EMPLOYEE RETIREMENT

25 INCOME SECURITY ACT OF 1974.—Section 304(b)(8) 


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1 of the Employee Retirement Income Security Act of 

2 1974 (29 U.S.C. 1084(b)) is amended by adding at 

3 the end the following new subparagraph: 

4 ‘‘(F) RELIEF FOR 2020 AND 2021.—A mul5 tiemployer plan with respect to which the sol6 vency test under subparagraph (C) is met as of 

7 February 29, 2020, may elect to apply this 

8 paragraph (without regard to whether such plan 

9 previously elected the application of this para10 graph)— 

11 ‘‘(i) by substituting ‘February 29, 

12 2020’ for ‘August 31, 2008’ each place it 

13 appears in subparagraphs (A)(i), (B)(i)(I), 

14 and (B)(i)(II), 

15 ‘‘(ii) by inserting ‘and other losses re16 lated to the virus SARS–CoV–2 or 

17 coronavirus disease 2019 (COVID–19) (in18 cluding experience losses related to reduc19 tions in contributions, reductions in em20 ployment, and deviations from anticipated 

21 retirement rates, as determined by the plan 

22 sponsor)’ after ‘net investment losses’ in 

23 subparagraph (A)(i), and 

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1 paragraph and subparagraph (A) both’ in 

2 subparagraph (B)(iii). 

3 The preceding sentence shall not apply to a 

4 plan to which special financial assistance is 

5 granted under section 4262. For purposes of 

6 the application of this subparagraph, the Sec7 retary of the Treasury shall rely on the plan 

8 sponsor’s calculations of plan losses unless such 

9 calculations are clearly erroneous.’’. 

10 (2) AMENDMENT TO INTERNAL REVENUE CODE

11 OF 1986.—Section 431(b)(8) of the Internal Revenue 

12 Code of 1986 is amended by adding at the end the 

13 following new subparagraph: 

14 ‘‘(F) RELIEF FOR 2020 AND 2021.—A mul15 tiemployer plan with respect to which the sol16 vency test under subparagraph (C) is met as of 

17 February 29, 2020, may elect to apply this 

18 paragraph (without regard to whether such plan 

19 previously elected the application of this para20 graph)— 

21 ‘‘(i) by substituting ‘February 29, 

22 2020’ for ‘August 31, 2008’ each place it 

23 appears in subparagraphs (A)(i), (B)(i)(I), 

24 and (B)(i)(II), 


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1 ‘‘(ii) by inserting ‘and other losses re2 lated to the virus SARS–CoV–2 or 

3 coronavirus disease 2019 (COVID–19) (in4 cluding experience losses related to reduc5 tions in contributions, reductions in em6 ployment, and deviations from anticipated 

7 retirement rates, as determined by the plan 

8 sponsor)’ after ‘net investment losses’ in 

9 subparagraph (A)(i), and 

10 ‘‘(iii) by substituting ‘this subpara11 graph or subparagraph (A)’ for ‘this sub12 paragraph and subparagraph (A) both’ in 

13 subparagraph (B)(iii). 

14 The preceding sentence shall not apply to a 

15 plan to which special financial assistance is 

16 granted under section 4262 of the Employee 

17 Retirement Income Security Act of 1974. For 

18 purposes of the application of this subpara19 graph, the Secretary shall rely on the plan 

20 sponsor’s calculations of plan losses unless such 

21 calculations are clearly erroneous.’’. 

22 (b) EFFECTIVE DATES.— 

23 (1) IN GENERAL.—The amendments made by 

24 this section shall take effect as of the first day of 

25 the first plan year ending on or after February 29, 


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1 2020, except that any election a plan makes pursu2 ant to this section that affects the plan’s funding 

3 standard account for the first plan year beginning 

4 after February 29, 2020, shall be disregarded for 

5 purposes of applying the provisions of section 305 of 

6 the Employee Retirement Income Security Act of 

7 1974 and section 432 of the Internal Revenue Code 

8 of 1986 to such plan year. 

9 (2) RESTRICTIONS ON BENEFIT INCREASES.— 

10 Notwithstanding paragraph (1), the restrictions on 

11 plan amendments increasing benefits in sections 

12 304(b)(8)(D) of such Act and 431(b)(8)(D) of such 

13 Code, as applied by the amendments made by this 

14 section, shall take effect on the date of enactment of 

15 this Act. 

16 SEC. 9704. SPECIAL FINANCIAL ASSISTANCE PROGRAM FOR 

17 FINANCIALLY TROUBLED MULTIEMPLOYER 

18 PLANS. 

19 (a) APPROPRIATION.—Section 4005 of the Employee 

20 Retirement Income Security Act of 1974 (29 U.S.C. 1305) 

21 is amended by adding at the end the following: 

22 ‘‘(i)(1) An eighth fund shall be established for special 

23 financial assistance to multiemployer pension plans, as 

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1 ministrative and operating expenses of the corporation re2 lating to such assistance. 

3 ‘‘(2) There is appropriated from the general fund 

4 such amounts as are necessary for the costs of providing 

5 financial assistance under section 4262 and necessary ad6 ministrative and operating expenses of the corporation. 

7 The eighth fund established under this subsection shall be 

8 credited with amounts from time to time as the Secretary 

9 of the Treasury, in conjunction with the Director of the 

10 Pension Benefit Guaranty Corporation, determines appro11 priate, from the general fund of the Treasury, but in no 

12 case shall such transfers occur after September 30, 

13 2030.’’. 

14 (b) FINANCIAL ASSISTANCE AUTHORITY.—The Em15 ployee Retirement Income Security Act of 1974 is amend16 ed by inserting after section 4261 of such Act (29 U.S.C. 

17 1431) the following: 

18 ‘‘SEC. 4262. SPECIAL FINANCIAL ASSISTANCE BY THE COR19 PORATION. 

20 ‘‘(a) SPECIAL FINANCIAL ASSISTANCE.— 

21 ‘‘(1) IN GENERAL.—The corporation shall pro22 vide special financial assistance to an eligible multi23 employer plan under this section, upon the applica24 tion of a plan sponsor of such a plan for such assist25 ance. 


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1 ‘‘(2) INAPPLICABILITY OF CERTAIN REPAYMENT

2 OBLIGATION.—A plan receiving financial assistance 

3 pursuant to this section shall not be subject to re4 payment obligations. 

5 ‘‘(b) ELIGIBLE MULTIEMPLOYER PLANS.— 

6 ‘‘(1) IN GENERAL.—For purposes of this sec7 tion, a multiemployer plan is an eligible multiem8 ployer plan if— 

9 ‘‘(A) the plan is in critical and declining 

10 status (within the meaning of section 

11 305(b)(6)) in any plan year beginning in 2020 

12 through 2022; 

13 ‘‘(B) a suspension of benefits has been ap14 proved with respect to the plan under section 

15 305(e)(9) as of the date of the enactment of 

16 this section; 

17 ‘‘(C) in any plan year beginning in 2020 

18 through 2022, the plan is certified by the plan 

19 actuary to be in critical status (within the 

20 meaning of section 305(b)(2)), has a modified 

21 funded percentage of less than 40 percent, and 

22 has a ratio of active to inactive participants 

23 which is less than 2 to 3; or 

24 ‘‘(D) the plan became insolvent for pur25 poses of section 418E of the Internal Revenue 


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1 Code of 1986 after December 16, 2014, and 

2 has remained so insolvent and has not been ter3 minated as of the date of enactment of this sec4 tion. 

5 ‘‘(2) MODIFIED FUNDED PERCENTAGE.—For 

6 purposes of paragraph (1)(C), the term ‘modified 

7 funded percentage’ means the percentage equal to a 

8 fraction the numerator of which is current value of 

9 plan assets (as defined in section 3(26) of such Act) 

10 and the denominator of which is current liabilities 

11 (as defined in section 431(c)(6)(D) of such Code and 

12 section 304(c)(6)(D) of such Act). 

13 ‘‘(c) APPLICATIONS FOR SPECIAL FINANCIAL ASSIST14 ANCE.—Within 120 days of the date of enactment of this 

15 section, the corporation shall issue regulations or guidance 

16 setting forth requirements for special financial assistance 

17 applications under this section. In such regulations or 

18 guidance, the corporation shall— 

19 ‘‘(1) limit the materials required for a special 

20 financial assistance application to the minimum nec21 essary to make a determination on the application; 

22 ‘‘(2) specify effective dates for transfers of spe23 cial financial assistance following approval of an ap24 plication, based on the effective date of the supVerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00556 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319

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1 porting actuarial analysis and the date on which the 

2 application is submitted; and 

3 ‘‘(3) provide for an alternate application for 

4 special financial assistance under this section, which 

5 may be used by a plan that has been approved for 

6 a partition under section 4233 before the date of en7 actment of this section. 

8 ‘‘(d) TEMPORARY PRIORITY CONSIDERATION OF AP9 PLICATIONS.— 

10 ‘‘(1) IN GENERAL.—The corporation may speci11 fy in regulations or guidance under subsection (c) 

12 that, during a period no longer than the first 2 

13 years following the date of enactment of this section, 

14 applications may not be filed by an eligible multiem15 ployer plan unless— 

16 ‘‘(A) the eligible multiemployer plan is in17 solvent or is likely to become insolvent within 5 

18 years of the date of enactment of this section; 

19 ‘‘(B) the corporation projects the eligible 

20 multiemployer plan to have a present value of 

21 financial assistance payments under section 

22 4261 that exceeds $1,000,000,000 if the special 

23 financial assistance is not ordered; 

24 ‘‘(C) the eligible multiemployer plan has 

25 implemented benefit suspensions under section 


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1 305(e)(9) as of the date of the enactment of 

2 this section; or 

3 ‘‘(D) the corporation determines it appro4 priate based on other similar circumstances. 

5 ‘‘(e) ACTUARIAL ASSUMPTIONS.— 

6 ‘‘(1) ELIGIBILITY.—For purposes of deter7 mining eligibility for special financial assistance, the 

8 corporation shall accept assumptions incorporated in 

9 a multiemployer plan’s determination that it is in 

10 critical status or critical and declining status (within 

11 the meaning of section 305(b)) for certifications of 

12 plan status completed before January 1, 2021, un13 less such assumptions are clearly erroneous. For cer14 tifications of plan status completed after December 

15 31, 2020, a plan shall determine whether it is in 

16 critical or critical and declining status for purposes 

17 of eligibility for special financial assistance by using 

18 the assumptions that the plan used in its most re19 cently completed certification of plan status before 

20 January 1, 2021, unless such assumptions (exclud21 ing the plan’s interest rate) are unreasonable. 

22 ‘‘(2) AMOUNT OF FINANCIAL ASSISTANCE.—In 

23 determining the amount of special financial assist24 ance in its application, an eligible multiemployer 

25 plan shall— 


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1 ‘‘(A) use the interest rate used by the plan 

2 in its most recently completed certification of 

3 plan status before January 1, 2021, provided 

4 that such interest rate may not exceed the in5 terest rate limit; and 

6 ‘‘(B) for other assumptions, use the as7 sumptions that the plan used in its most re8 cently completed certification of plan status be9 fore January 1, 2021, unless such assumptions 

10 are unreasonable. 

11 ‘‘(3) INTEREST RATE.—The interest rate limit 

12 for purposes of this subsection is the rate specified 

13 in section 303(h)(2)(C)(iii) (disregarding modifica14 tions made under clause (iv) of such section) for the 

15 month in which the application for special financial 

16 assistance is filed by the eligible multiemployer plan 

17 or the 3 preceding months, with such specified rate 

18 increased by 200 basis points. 

19 ‘‘(4) CHANGES IN ASSUMPTIONS.—If a plan de20 termines that use of one or more prior assumptions 

21 is unreasonable, the plan may propose in its applica22 tion to change such assumptions, provided that the 

23 plan discloses such changes in its application and 

24 describes why such assumptions are no longer rea25 sonable. The corporation shall accept such changed 


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1 assumptions unless it determines the changes are 

2 unreasonable, individually or in the aggregate. The 

3 plan may not propose a change to the interest rate 

4 otherwise required under this subsection for eligi5 bility or financial assistance amount. 

6 ‘‘(f) APPLICATION DEADLINE.—Any application by a 

7 plan for special financial assistance under this section 

8 shall be submitted no later than December 31, 2025, and 

9 any revised application for special financial assistance 

10 shall be submitted no later than December 31, 2026. 

11 ‘‘(g) DETERMINATIONS ON APPLICATIONS.—A plan’s 

12 application for special financial assistance under this sec13 tion that is timely filed in accordance with the regulations 

14 or guidance issued under subsection (c) shall be deemed 

15 approved unless the corporation notifies the plan within 

16 120 days of the filing of the application that the applica17 tion is incomplete, any proposed change or assumption is 

18 unreasonable, or the plan is not eligible under this section. 

19 Such notice shall specify the reasons the plan is ineligible 

20 for special financial assistance, any proposed change or 

21 assumption is unreasonable, or information is needed to 

22 complete the application. If a plan is denied assistance 

23 under this subsection, the plan may submit a revised ap24 plication under this section. Any revised application for 

25 special financial assistance submitted by a plan shall be 


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1 deemed approved unless the corporation notifies the plan 

2 within 120 days of the filing of the revised application that 

3 the application is incomplete, any proposed change or as4 sumption is unreasonable, or the plan is not eligible under 

5 this section. Special financial assistance issued by the cor6 poration shall be effective on a date determined by the 

7 corporation, but no later than 1 year after a plan’s special 

8 financial assistance application is approved by the cor9 poration or deemed approved. The corporation shall not 

10 pay any special financial assistance after September 30, 

11 2030. 

12 ‘‘(h) MANNER OF PAYMENT.—The payment made by 

13 the corporation to an eligible multiemployer plan under 

14 this section shall be made as a single, lump sum payment. 

15 ‘‘(i) AMOUNT AND MANNER OF SPECIAL FINANCIAL

16 ASSISTANCE.— 

17 ‘‘(1) IN GENERAL.—Special financial assistance 

18 under this section shall be a transfer of funds in the 

19 amount necessary as demonstrated by the plan spon20 sor on the application for such special financial as21 sistance, in accordance with the requirements de22 scribed in subsection (j). Special financial assistance 

23 shall be paid to such plan as soon as practicable 

24 upon approval of the application by the corporation. 


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1 ‘‘(2) NO CAP.—Special financial assistance 

2 granted by the corporation under this section shall 

3 not be capped by the guarantee under 4022A. 

4 ‘‘(j) DETERMINATION OF AMOUNT OF SPECIAL FI5 NANCIAL ASSISTANCE.— 

6 ‘‘(1) IN GENERAL.—The amount of financial 

7 assistance provided to a multiemployer plan eligible 

8 for financial assistance under this section shall be 

9 such amount required for the plan to pay all benefits 

10 due during the period beginning on the date of pay11 ment of the special financial assistance payment 

12 under this section and ending on the last day of the 

13 plan year ending in 2051, with no reduction in a 

14 participant’s or beneficiary’s accrued benefit as of 

15 the date of enactment of this section, except to the 

16 extent of a reduction in accordance with section 

17 305(e)(8) adopted prior to the plan’s application for 

18 special financial assistance under this section, and 

19 taking into account the reinstatement of benefits re20 quired under subsection (k). 

21 ‘‘(2) PROJECTIONS.—The funding projections 

22 for purposes of this section shall be performed on a 

23 deterministic basis. 


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1 ‘‘(k) REINSTATEMENT OF BENEFIT SUSPENSIONS.— 

2 An eligible multiemployer plan that receives special finan3 cial assistance under this section shall— 

4 ‘‘(1) reinstate any benefits that were suspended 

5 under section 305(e)(9) or section 4245(a), effective 

6 as of the first month in which the effective date for 

7 the special financial assistance occurs, for partici8 pants and beneficiaries as of such month; and 

9 ‘‘(2) provide payments equal to the amount of 

10 benefits previously suspended under section 

11 305(e)(9) or 4245(a) to any participants or bene12 ficiaries in pay status as of the effective date of the 

13 special financial assistance, payable, as determined 

14 by the eligible multiemployer plan— 

15 ‘‘(A) as a lump sum within 3 months of 

16 such effective date; or 

17 ‘‘(B) in equal monthly installments over a 

18 period of 5 years, commencing within 3 months 

19 of such effective date, with no adjustment for 

20 interest. 

21 ‘‘(l) WITHDRAWAL LIABILITY.—An employer’s with22 drawal liability for purposes of this title shall be calculated 

23 without taking into account special financial assistance re24 ceived under this section until the plan year beginning 15 


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1 calendar years after the effective date of the special finan2 cial assistance. 

3 ‘‘(m) REQUIRED DISCLOSURE.—An eligible plan that 

4 receives special financial assistance under this section 

5 shall provide each employer that has an obligation to con6 tribute to such plan, and each labor organization rep7 resenting participants employed by such employer, with an 

8 estimate of the employer’s share of the plan’s unfunded 

9 vested benefits as of the end of each plan year ending after 

10 the date of enactment of this section, as determined after 

11 taking into account any special financial assistance re12 ceived under this section. Such disclosure shall include a 

13 statement that, due to the special financial assistance pro14 vided under this section, the plan will have sufficient re15 sources to pay 100 percent of the plan’s benefit obligations 

16 until the last day of the plan year ending in 2051. 

17 ‘‘(n) RESTRICTIONS ON THE USE OF SPECIAL FI18 NANCIAL ASSISTANCE.—Special financial assistance re19 ceived under this section may be used by an eligible multi20 employer plan to make benefit payments and pay plan ex21 penses. Special financial assistance and any earnings on 

22 such assistance shall be segregated from other plan assets. 

23 Special financial assistance shall be invested by plans in 

24 investment-grade bonds or other investments as permitted 

25 by the corporation. 


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1 ‘‘(o) CONDITIONS ON PLANS RECEIVING SPECIAL FI2 NANCIAL ASSISTANCE.— 

3 ‘‘(1) IN GENERAL.—The corporation may im4 pose, by regulation, reasonable conditions on an eli5 gible multiemployer plan that receives special finan6 cial assistance relating to increases in future accrual 

7 rates and any retroactive benefit improvements, allo8 cation of plan assets, reductions in employer con9 tribution rates, diversion of contributions to, and al10 location of expenses to, other benefit plans, and 

11 withdrawal liability. 

12 ‘‘(2) LIMITATION.—The corporation shall not 

13 impose conditions on an eligible multiemployer plan 

14 as a condition of, or following receipt of, special fi15 nancial assistance under this section relating to— 

16 ‘‘(A) any prospective reduction in plan 

17 benefits (including benefits that may be ad18 justed pursuant to section 305(e)(8)); 

19 ‘‘(B) plan governance, including selection 

20 of, removal of, and terms of contracts with, 

21 trustees, actuaries, investment managers, and 

22 other service providers; or 

23 ‘‘(C) any funding rules relating to the plan 

24 receiving special financial assistance under this 

25 section. 


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1 ‘‘(3) PAYMENT OF PREMIUMS.—An eligible 

2 multiemployer plan receiving special financial assist3 ance under this section shall continue to pay all pre4 miums due under section 4007 for participants and 

5 beneficiaries in the plan. 

6 ‘‘(4) ASSISTANCE NOT CONSIDERED FOR CER7 TAIN PURPOSES.—An eligible multiemployer plan 

8 that receives special financial assistance shall be 

9 deemed to be in critical status within the meaning 

10 of section 305(b)(2) until the last plan year ending 

11 in 2051. 

12 ‘‘(5) INSOLVENT PLANS.—An eligible multiem13 ployer plan receiving special financial assistance 

14 under this section that subsequently becomes insol15 vent will be subject to the current rules and guar16 antee for insolvent plans. 

17 ‘‘(6) INELIGIBILITY FOR OTHER ASSISTANCE.— 

18 An eligible multiemployer plan that receives special 

19 financial assistance under this section is not eligible 

20 to apply for a new suspension of benefits under sec21 tion 305(e)(9)(G).’’. 

22 (c) PREMIUM RATE INCREASE.—Section 4006(a)(3) 

23 of the Employee Retirement Income Security Act of 1974 

24 (29 U.S.C. 1306(a)(3)) is amended— 

25 (1) in subparagraph (A)— 


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1 (A) in clause (vi)— 

2 (i) by inserting ‘‘, and before January 

3 1, 2031’’ after ‘‘December 31, 2014,’’; and 

4 (ii) by striking ‘‘or’’ at the end; 

5 (B) in clause (vii)— 

6 (i) by moving the margin 2 ems to the 

7 left; and 

8 (ii) in subclause (II), by striking the 

9 period and inserting ‘‘, or’’; and 

10 (C) by adding at the end the following: 

11 ‘‘(viii) in the case of a multiemployer plan, for 

12 plan years beginning after December 31, 2030, $52 

13 for each individual who is a participant in such plan 

14 during the applicable plan year.’’; and 

15 (2) by adding at the end the following: 

16 ‘‘(N) For each plan year beginning in a calendar year 

17 after 2031, there shall be substituted for the dollar 

18 amount specified in clause (viii) of subparagraph (A) an 

19 amount equal to the greater of— 

20 ‘‘(i) the product derived by multiplying such 

21 dollar amount by the ratio of— 

22 ‘‘(I) the national average wage index (as 

23 defined in section 209(k)(1) of the Social Secu24 rity Act) for the first of the 2 calendar years 


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1 preceding the calendar year in which such plan 

2 year begins, to 

3 ‘‘(II) the national average wage index (as 

4 so defined) for 2029; and 

5 ‘‘(ii) such dollar amount for plan years begin6 ning in the preceding calendar year. 

7 If the amount determined under this subparagraph 

8 is not a multiple of $1, such product shall be round9 ed to the nearest multiple of $1.’’. 

10 SEC. 9705. EXTENDED AMORTIZATION FOR SINGLE EM11 PLOYER PLANS. 

12 (a) 15-YEAR AMORTIZATION UNDER THE INTERNAL

13 REVENUE CODE OF 1986.—Section 430(c) of the Internal 

14 Revenue Code of 1986 is amended by adding at the end 

15 the following new paragraph: 

16 ‘‘(8) 15-YEAR AMORTIZATION.—With respect to 

17 plan years beginning after December 31, 2019 (or, 

18 at the election of the plan sponsor, after December 

19 31, 2018)— 

20 ‘‘(A) the shortfall amortization bases for 

21 all plan years preceding the first plan year be22 ginning after December 31, 2019 (or after De23 cember 31, 2018, whichever is elected), and all 

24 shortfall amortization installments determined 


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1 with respect to such bases, shall be reduced to 

2 zero, and 

3 ‘‘(B) subparagraphs (A) and (B) of para4 graph (2) shall each be applied by substituting 

5 ‘15-plan-year period’ for ‘7-plan-year period’.’’. 

6 (b) 15-YEAR AMORTIZATION UNDER THE EMPLOYEE

7 RETIREMENT INCOME SECURITY ACT OF 1974.—Section 

8 303(c) of the Employee Retirement Income Security Act 

9 of 1974 (29 U.S.C. 1083(c)) is amended by adding at the 

10 end the following new paragraph: 

11 ‘‘(8) 15-YEAR AMORTIZATION.—With respect to 

12 plan years beginning after December 31, 2019 (or, 

13 at the election of the plan sponsor, after December 

14 31, 2018)— 

15 ‘‘(A) the shortfall amortization bases for 

16 all plan years preceding the first plan year be17 ginning after December 31, 2019 (or after De18 cember 31, 2018, whichever is elected), and all 

19 shortfall amortization installments determined 

20 with respect to such bases, shall be reduced to 

21 zero, and 

22 ‘‘(B) subparagraphs (A) and (B) of para23 graph (2) shall each be applied by substituting 

24 ‘15-plan-year period’ for ‘7-plan-year period’.’’. 


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1 (c) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply to plan years beginning after De3 cember 31, 2018. 

4 SEC. 9706. EXTENSION OF PENSION FUNDING STABILIZA5 TION PERCENTAGES FOR SINGLE EMPLOYER 

6 PLANS. 

7 (a) AMENDMENT TO INTERNAL REVENUE CODE OF

8 1986.— 

9 (1) IN GENERAL.—The table contained in sub10 clause (II) of section 430(h)(2)(C)(iv) of the Inter11 nal Revenue Code of 1986 is amended to read as fol12 lows: 

‘‘If the calendar year is: 

The applicable minimum percentage is: The applicable maximum percentage is: 

Any year in the period starting in 2012 and ending in 2019 ......................................................... 90% 110%

Any year in the period starting in 2020 and ending in 2025 ......................................................... 95% 105%

2026 ........................................................................ 90% 110%

2027 ........................................................................ 85% 115%

2028 ........................................................................ 80% 120%

2029 ........................................................................ 75% 125%

After 2029 .............................................................. 70% 130%.’’. 

13 (2) FLOOR ON 25-YEAR AVERAGES.—Subclause 

14 (I) of section 430(h)(2)(C)(iv) of such Code is 

15 amended by adding at the end the following: ‘‘Not16 withstanding anything in this subclause, if the aver17 age of the first, second, or third segment rate for 


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1 any 25-year period is less than 5 percent, such aver2 age shall be deemed to be 5 percent.’’. 

3 (b) AMENDMENTS TO EMPLOYEE RETIREMENT IN4 COME SECURITY ACT OF 1974.— 

5 (1) IN GENERAL.—The table contained in sub6 clause (II) of section 303(h)(2)(C)(iv) of the Em7 ployee Retirement Income Security Act of 1974 (29 

8 U.S.C. 1083(h)(2)(C)(iv)(II)) is amended to read as 

9 follows: 

‘‘If the calendar year is: 

The applicable minimum percentage is: The applicable maximum percentage is: 

Any year in the period starting in 2012 and ending in 2019 ......................................................... 90% 110%

Any year in the period starting in 2020 and ending in 2025 ......................................................... 95% 105%

2026 ........................................................................ 90% 110%

2027 ........................................................................ 85% 115%

2028 ........................................................................ 80% 120%

2029 ........................................................................ 75% 125%

After 2029 .............................................................. 70% 130%.’’. 

10 (2) FLOOR ON 25-YEAR AVERAGES.—Subclause 

11 (I) of section 303(h)(2)(C)(iv) of such Act (29 

12 U.S.C. 1083(h)(2)(C)(iv)(I)) is amended by adding 

13 at the end the following: ‘‘Notwithstanding anything 

14 in this subclause, if the average of the first, second, 

15 or third segment rate for any 25-year period is less 

16 than 5 percent, such average shall be deemed to be 

17 5 percent.’’. 

18 (3) CONFORMING AMENDMENTS.— 


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1 (A) IN GENERAL.—Section 101(f)(2)(D) of 

2 such Act (29 U.S.C. 1021(f)(2)(D)) is amend3 ed— 

4 (i) in clause (i) by striking ‘‘and the 

5 Bipartisan Budget Act of 2015’’ both 

6 places it appears and inserting ‘‘, the Bi7 partisan Budget Act of 2015, and the 

8 Butch Lewis Emergency Pension Plan Re9 lief Act of 2021’’, and 

10 (ii) in clause (ii) by striking ‘‘2023’’ 

11 and inserting ‘‘2029’’. 

12 (B) STATEMENTS.—The Secretary of 

13 Labor shall modify the statements required 

14 under subclauses (I) and (II) of section 

15 101(f)(2)(D)(i) of such Act to conform to the 

16 amendments made by this section. 

17 (c) EFFECTIVE DATE.—The amendments made by 

18 this section shall apply with respect to plan years begin19 ning after December 31, 2019. 

20 SEC. 9707. MODIFICATION OF SPECIAL RULES FOR MIN21 IMUM FUNDING STANDARDS FOR COMMU22 NITY NEWSPAPER PLANS. 

23 (a) AMENDMENT TO INTERNAL REVENUE CODE OF

24 1986.—Subsection (m) of section 430 of the Internal Rev25 enue Code of 1986 is amended to read as follows: 


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1 ‘‘(m) SPECIAL RULES FOR COMMUNITY NEWSPAPER

2 PLANS.— 

3 ‘‘(1) IN GENERAL.—An eligible newspaper plan 

4 sponsor of a plan under which no participant has 

5 had the participant’s accrued benefit increased 

6 (whether because of service or compensation) after 

7 April 2, 2019, may elect to have the alternative 

8 standards described in paragraph (4) apply to such 

9 plan. 

10 ‘‘(2) ELIGIBLE NEWSPAPER PLAN SPONSOR.— 

11 The term ‘eligible newspaper plan sponsor’ means 

12 the plan sponsor of— 

13 ‘‘(A) any community newspaper plan, or 

14 ‘‘(B) any other plan sponsored, as of April 

15 2, 2019, by a member of the same controlled 

16 group of a plan sponsor of a community news17 paper plan if such member is in the trade or 

18 business of publishing 1 or more newspapers. 

19 ‘‘(3) ELECTION.—An election under paragraph 

20 (1) shall be made at such time and in such manner 

21 as prescribed by the Secretary. Such election, once 

22 made with respect to a plan year, shall apply to all 

23 subsequent plan years unless revoked with the con24 sent of the Secretary. 


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1 ‘‘(4) ALTERNATIVE MINIMUM FUNDING STAND2 ARDS.—The alternative standards described in this 

3 paragraph are the following: 

4 ‘‘(A) INTEREST RATES.— 

5 ‘‘(i) IN GENERAL.—Notwithstanding 

6 subsection (h)(2)(C) and except as pro7 vided in clause (ii), the first, second, and 

8 third segment rates in effect for any 

9 month for purposes of this section shall be 

10 8 percent. 

11 ‘‘(ii) NEW BENEFIT ACCRUALS.—Not12 withstanding subsection (h)(2), for pur13 poses of determining the funding target 

14 and normal cost of a plan for any plan 

15 year, the present value of any benefits ac16 crued or earned under the plan for a plan 

17 year with respect to which an election 

18 under paragraph (1) is in effect shall be 

19 determined on the basis of the United 

20 States Treasury obligation yield curve for 

21 the day that is the valuation date of such 

22 plan for such plan year. 

23 ‘‘(iii) UNITED STATES TREASURY OB24 LIGATION YIELD CURVE.—For purposes of 

25 this subsection, the term ‘United States 


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1 Treasury obligation yield curve’ means, 

2 with respect to any day, a yield curve 

3 which shall be prescribed by the Secretary 

4 for such day on interest-bearing obligations 

5 of the United States. 

6 ‘‘(B) SHORTFALL AMORTIZATION BASE.— 

7 ‘‘(i) PREVIOUS SHORTFALL AMORTIZA8 TION BASES.—The shortfall amortization 

9 bases determined under subsection (c)(3) 

10 for all plan years preceding the first plan 

11 year to which the election under paragraph 

12 (1) applies (and all shortfall amortization 

13 installments determined with respect to 

14 such bases) shall be reduced to zero under 

15 rules similar to the rules of subsection 

16 (c)(6). 

17 ‘‘(ii) NEW SHORTFALL AMORTIZATION

18 BASE.—Notwithstanding subsection (c)(3), 

19 the shortfall amortization base for the first 

20 plan year to which the election under para21 graph (1) applies shall be the funding 

22 shortfall of such plan for such plan year 

23 (determined using the interest rates as 

24 modified under subparagraph (A)). 


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1 ‘‘(C) DETERMINATION OF SHORTFALL AM2 ORTIZATION INSTALLMENTS.— 

3 ‘‘(i) 30-YEAR PERIOD.—Subpara4 graphs (A) and (B) of subsection (c)(2) 

5 shall be applied by substituting ‘30-plan6 year’ for ‘7-plan-year’ each place it ap7 pears. 

8 ‘‘(ii) NO SPECIAL ELECTION.—The 

9 election under subparagraph (D) of sub10 section (c)(2) shall not apply to any plan 

11 year to which the election under paragraph 

12 (1) applies. 

13 ‘‘(D) EXEMPTION FROM AT-RISK TREAT14 MENT.—Subsection (i) shall not apply. 

15 ‘‘(5) COMMUNITY NEWSPAPER PLAN.—For pur16 poses of this subsection— 

17 ‘‘(A) IN GENERAL.—The term ‘community 

18 newspaper plan’ means any plan to which this 

19 section applies maintained as of December 31, 

20 2018, by an employer which— 

21 ‘‘(i) maintains the plan on behalf of 

22 participants and beneficiaries with respect 

23 to employment in the trade or business of 

24 publishing 1 or more newspapers which 

25 were published by the employer at any 


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1 time during the 11-year period ending on 

2 the date of the enactment of this sub3 section, 

4 ‘‘(ii)(I) is not a company the stock of 

5 which is publicly traded (on a stock ex6 change or in an over-the-counter market), 

7 and is not controlled, directly or indirectly, 

8 by such a company, or 

9 ‘‘(II) is controlled, directly or indi10 rectly, during the entire 30-year period 

11 ending on the date of the enactment of this 

12 subsection by individuals who are members 

13 of the same family, and does not publish or 

14 distribute a daily newspaper that is car15 rier-distributed in printed form in more 

16 than 5 States, and 

17 ‘‘(iii) is controlled, directly or indi18 rectly— 

19 ‘‘(I) by 1 or more persons resid20 ing primarily in a State in which the 

21 community newspaper has been pub22 lished on newsprint or carrier-distrib23 uted, 

24 ‘‘(II) during the entire 30-year 

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1 actment of this subsection by individ2 uals who are members of the same 

3 family, 

4 ‘‘(III) by 1 or more trusts, the 

5 sole trustees of which are persons de6 scribed in subclause (I) or (II), or 

7 ‘‘(IV) by a combination of per8 sons described in subclause (I), (II), 

9 or (III). 

10 ‘‘(B) NEWSPAPER.—The term ‘newspaper’ 

11 does not include any newspaper (determined 

12 without regard to this subparagraph) to which 

13 any of the following apply: 

14 ‘‘(i) Is not in general circulation. 

15 ‘‘(ii) Is published (on newsprint or 

16 electronically) less frequently than 3 times 

17 per week. 

18 ‘‘(iii) Has not ever been regularly 

19 published on newsprint. 

20 ‘‘(iv) Does not have a bona fide list of 

21 paid subscribers. 

22 ‘‘(C) CONTROL.—A person shall be treated 

23 as controlled by another person if such other 

24 person possesses, directly or indirectly, the 

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1 agement of such person (including the power to 

2 elect a majority of the members of the board of 

3 directors of such person) through the ownership 

4 of voting securities. 

5 ‘‘(6) CONTROLLED GROUP.—For purposes of 

6 this subsection, the term ‘controlled group’ means all 

7 persons treated as a single employer under sub8 section (b), (c), (m), or (o) of section 414 as of the 

9 date of the enactment of this subsection.’’. 

10 (b) AMENDMENT TO EMPLOYEE RETIREMENT IN11 COME SECURITY ACT OF 1974.—Subsection (m) of section 

12 303 of the Employee Retirement Income Security Act of 

13 1974 (29 U.S.C. 1083(m)) is amended to read as follows: 

14 ‘‘(m) SPECIAL RULES FOR COMMUNITY NEWSPAPER

15 PLANS.— 

16 ‘‘(1) IN GENERAL.—An eligible newspaper plan 

17 sponsor of a plan under which no participant has 

18 had the participant’s accrued benefit increased 

19 (whether because of service or compensation) after 

20 April 2, 2019, may elect to have the alternative 

21 standards described in paragraph (4) apply to such 

22 plan. 

23 ‘‘(2) ELIGIBLE NEWSPAPER PLAN SPONSOR.— 

24 The term ‘eligible newspaper plan sponsor’ means 

25 the plan sponsor of— 


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1 ‘‘(A) any community newspaper plan, or 

2 ‘‘(B) any other plan sponsored, as of April 

3 2, 2019, by a member of the same controlled 

4 group of a plan sponsor of a community news5 paper plan if such member is in the trade or 

6 business of publishing 1 or more newspapers. 

7 ‘‘(3) ELECTION.—An election under paragraph 

8 (1) shall be made at such time and in such manner 

9 as prescribed by the Secretary of the Treasury. Such 

10 election, once made with respect to a plan year, shall 

11 apply to all subsequent plan years unless revoked 

12 with the consent of the Secretary of the Treasury. 

13 ‘‘(4) ALTERNATIVE MINIMUM FUNDING STAND14 ARDS.—The alternative standards described in this 

15 paragraph are the following: 

16 ‘‘(A) INTEREST RATES.— 

17 ‘‘(i) IN GENERAL.—Notwithstanding 

18 subsection (h)(2)(C) and except as pro19 vided in clause (ii), the first, second, and 

20 third segment rates in effect for any 

21 month for purposes of this section shall be 

22 8 percent. 

23 ‘‘(ii) NEW BENEFIT ACCRUALS.—Not24 withstanding subsection (h)(2), for pur25 poses of determining the funding target 


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1 and normal cost of a plan for any plan 

2 year, the present value of any benefits ac3 crued or earned under the plan for a plan 

4 year with respect to which an election 

5 under paragraph (1) is in effect shall be 

6 determined on the basis of the United 

7 States Treasury obligation yield curve for 

8 the day that is the valuation date of such 

9 plan for such plan year. 

10 ‘‘(iii) UNITED STATES TREASURY OB11 LIGATION YIELD CURVE.—For purposes of 

12 this subsection, the term ‘United States 

13 Treasury obligation yield curve’ means, 

14 with respect to any day, a yield curve 

15 which shall be prescribed by the Secretary 

16 of the Treasury for such day on interest17 bearing obligations of the United States. 

18 ‘‘(B) SHORTFALL AMORTIZATION BASE.— 

19 ‘‘(i) PREVIOUS SHORTFALL AMORTIZA20 TION BASES.—The shortfall amortization 

21 bases determined under subsection (c)(3) 

22 for all plan years preceding the first plan 

23 year to which the election under paragraph 

24 (1) applies (and all shortfall amortization 

25 installments determined with respect to 


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1 such bases) shall be reduced to zero under 

2 rules similar to the rules of subsection 

3 (c)(6). 

4 ‘‘(ii) NEW SHORTFALL AMORTIZATION

5 BASE.—Notwithstanding subsection (c)(3), 

6 the shortfall amortization base for the first 

7 plan year to which the election under para8 graph (1) applies shall be the funding 

9 shortfall of such plan for such plan year 

10 (determined using the interest rates as 

11 modified under subparagraph (A)). 

12 ‘‘(C) DETERMINATION OF SHORTFALL AM13 ORTIZATION INSTALLMENTS.— 

14 ‘‘(i) 30-YEAR PERIOD.—Subpara15 graphs (A) and (B) of subsection (c)(2) 

16 shall be applied by substituting ‘30-plan17 year’ for ‘7-plan-year’ each place it ap18 pears. 

19 ‘‘(ii) NO SPECIAL ELECTION.—The 

20 election under subparagraph (D) of sub21 section (c)(2) shall not apply to any plan 

22 year to which the election under paragraph 

23 (1) applies. 

24 ‘‘(D) EXEMPTION FROM AT-RISK TREAT25 MENT.—Subsection (i) shall not apply. 


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1 ‘‘(5) COMMUNITY NEWSPAPER PLAN.—For pur2 poses of this subsection— 

3 ‘‘(A) IN GENERAL.—The term ‘community 

4 newspaper plan’ means a plan to which this sec5 tion applies maintained as of December 31, 

6 2018, by an employer which— 

7 ‘‘(i) maintains the plan on behalf of 

8 participants and beneficiaries with respect 

9 to employment in the trade or business of 

10 publishing 1 or more newspapers which 

11 were published by the employer at any 

12 time during the 11-year period ending on 

13 the date of the enactment of this sub14 section, 

15 ‘‘(ii)(I) is not a company the stock of 

16 which is publicly traded (on a stock ex17 change or in an over-the-counter market), 

18 and is not controlled, directly or indirectly, 

19 by such a company, or 

20 ‘‘(II) is controlled, directly, or indi21 rectly, during the entire 30-year period 

22 ending on the date of the enactment of this 

23 subsection by individuals who are members 

24 of the same family, and does not publish or 

25 distribute a daily newspaper that is carVerDate Sep 11 2014 00:45 Feb 25, 2021 Jkt 019200 PO 00000 Frm 00583 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.RH H1319

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1 rier-distributed in printed form in more 

2 than 5 States, and 

3 ‘‘(iii) is controlled, directly, or indi4 rectly— 

5 ‘‘(I) by 1 or more persons resid6 ing primarily in a State in which the 

7 community newspaper has been pub8 lished on newsprint or carrier-distrib9 uted, 

10 ‘‘(II) during the entire 30-year 

11 period ending on the date of the en12 actment of this subsection by individ13 uals who are members of the same 

14 family, 

15 ‘‘(III) by 1 or more trusts, the 

16 sole trustees of which are persons de17 scribed in subclause (I) or (II), or 

18 ‘‘(IV) by a combination of per19 sons described in subclause (I), (II), 

20 or (III). 

21 ‘‘(B) NEWSPAPER.—The term ‘newspaper’ 

22 does not include any newspaper (determined 

23 without regard to this subparagraph) to which 

24 any of the following apply: 

25 ‘‘(i) Is not in general circulation. 


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1 ‘‘(ii) Is published (on newsprint or 

2 electronically) less frequently than 3 times 

3 per week. 

4 ‘‘(iii) Has not ever been regularly 

5 published on newsprint. 

6 ‘‘(iv) Does not have a bona fide list of 

7 paid subscribers. 

8 ‘‘(C) CONTROL.—A person shall be treated 

9 as controlled by another person if such other 

10 person possesses, directly or indirectly, the 

11 power to direct or cause the direction and man12 agement of such person (including the power to 

13 elect a majority of the members of the board of 

14 directors of such person) through the ownership 

15 of voting securities. 

16 ‘‘(6) CONTROLLED GROUP.—For purposes of 

17 this subsection, the term ‘controlled group’ means all 

18 persons treated as a single employer under sub19 section (b), (c), (m), or (o) of section 414 of the In20 ternal Revenue Code of 1986 as of the date of the 

21 enactment of this subsection. 

22 ‘‘(7) EFFECT ON PREMIUM RATE CALCULA23 TION.—Notwithstanding any other provision of law 

24 or any regulation issued by the Pension Benefit 

25 Guaranty Corporation, in the case of a plan for 


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1 which an election is made to apply the alternative 

2 standards described in paragraph (3), the additional 

3 premium under section 4006(a)(3)(E) shall be deter4 mined as if such election had not been made.’’. 

5 (c) EFFECTIVE DATE.—The amendments made by 

6 this section shall apply to plan years ending after Decem7 ber 31, 2017. 

8 SEC. 9708. COST OF LIVING ADJUSTMENT FREEZE. 

9 (a) IN GENERAL.—Subsection (d) of section 415 of 

10 the Internal Revenue Code of 1986 is amended by adding 

11 at the end the following new paragraph: 

12 ‘‘(5) FREEZE ON COST OF LIVING ADJUST13 MENTS.— 

14 ‘‘(A) IN GENERAL.—Except as provided in 

15 subparagraph (B), in the case of calendar years 

16 beginning after December 31, 2030— 

17 ‘‘(i) no adjustment shall be made 

18 under paragraph (1), and 

19 ‘‘(ii) the dollar amounts as adjusted 

20 under such paragraph for calendar year 

21 2030 shall apply. 

22 ‘‘(B) EXCEPTION.—Subparagraph (A) 

23 shall not apply in the case of a plan maintained 

24 pursuant to 1 or more collective bargaining 

25 agreements.’’. 


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1 (b) COMPENSATION LIMIT.—Paragraph (17) of sec2 tion 401(a) of the Internal Revenue Code of 1986 is 

3 amended by adding at the end the following new subpara4 graph: 

5 ‘‘(C) FREEZE ON COST OF LIVING ADJUST6 MENTS.— 

7 ‘‘(i) IN GENERAL.—Except as pro8 vided in clause (ii), in the case of calendar 

9 years beginning after December 31, 

10 2030— 

11 ‘‘(I) no adjustment shall be made 

12 under subparagraph (B), and 

13 ‘‘(II) the dollar amount as ad14 justed under such subparagraph for 

15 calendar year 2030 shall apply. 

16 ‘‘(ii) EXCEPTION.—Clause (i) shall 

17 not apply in the case of a plan maintained 

18 pursuant to 1 or more collective bargaining 

19 agreements.’’. 

20 (c) CONFORMING AMENDMENTS.— 

21 (1) Section 45A(c)(3) of the Internal Revenue 

22 Code of 1986 is amended by striking ‘‘415(d)’’ and 

23 inserting ‘‘415(d) (without regard to paragraph (5) 

24 thereof)’’. 


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1 (2) Section 402(g)(4) of such Code is amended 

2 by striking ‘‘415(d)’’ and inserting ‘‘415(d) (without 

3 regard to paragraph (5) thereof)’’. 

4 (3) Section 404(l) of such Code is amended by 

5 striking ‘‘401(a)(17)(B)’’ and inserting 

6 ‘‘401(a)(17)(B) (without regard to section 

7 401(a)(17)(C))’’. 

8 (4) Section 408(k)(8) of such Code is amend9 ed— 

10 (A) by striking ‘‘415(d)’’ and inserting 

11 ‘‘415(d) (without regard to paragraph (5) 

12 thereof)’’, and 

13 (B) by striking ‘‘401(a)(17)(B)’’ and in14 serting ‘‘401(a)(17)(B) (without regard to sec15 tion 401(a)(17)(C))’’. 

16 (5) Section 408(p)(2)(E)(ii) of such Code is 

17 amended by striking ‘‘415(d)’’ and inserting ‘‘415(d) 

18 (without regard to paragraph (5) thereof)’’. 

19 (6) Section 409(o)(2) of such Code is amended 

20 by striking ‘‘415(d)’’ and inserting ‘‘415(d) (without 

21 regard to paragraph (5) thereof)’’. 

22 (7) Section 416(i)(1)(A) of such Code is 

23 amended by striking ‘‘415(d)’’ and inserting ‘‘415(d) 

24 (without regard to paragraph (5) thereof)’’. 


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1 (8) Section 457(e)(11)(B)(iii) of such Code is 

2 amended by striking ‘‘415(d)’’ and inserting ‘‘415(d) 

3 (without regard to paragraph (5) thereof)’’. 

4 (9) Section 457(e)(15)(B) of such Code is 

5 amended by striking ‘‘415(d)’’ and inserting ‘‘415(d) 

6 (without regard to paragraph (5) thereof)’’. 

7 (10) Section 505(b)(7) of such Code is amend8 ed by striking ‘‘401(a)(17)(B)’’ and inserting 

9 ‘‘401(a)(17)(B) (without regard to section 

10 401(a)(17)(C))’’. 

11 (11) Section 664(g)(7)(B) of such Code is 

12 amended by striking ‘‘415(d)’’ and inserting ‘‘415(d) 

13 (without regard to paragraph (5) thereof)’’. 

14 Subtitle I—Child Care for Workers 

15 SEC. 9801. CHILD CARE ASSISTANCE. 

16 (a) APPROPRIATION.— 

17 (1) IN GENERAL.—Section 418(a)(3) of the So18 cial Security Act (42 U.S.C. 618(a)(3)) is amended 

19 to read as follows: 

20 ‘‘(3) APPROPRIATION.—For grants under this 

21 section, there are appropriated $3,550,000,000 for 

22 each fiscal year, of which— 

23 ‘‘(A) $3,375,000,000 shall be available for 

24 grants to States; 


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1 ‘‘(B) $100,000,000 shall be available for 

2 grants to Indian tribes and tribal organizations; 

3 and 

4 ‘‘(C) $75,000,000 shall be available for 

5 grants to territories.’’. 

6 (2) CONFORMING AMENDMENT.—Section 

7 418(a)(2)(A) of such Act (42 U.S.C. 618(a)(2)(A)) 

8 is amended by striking ‘‘paragraph (3), and remain9 ing after the reservation described in paragraph (4) 

10 and’’ and inserting ‘‘paragraph (3)(A),’’. 

11 (b) SUSPENSION OF STATE MATCH REQUIREMENT

12 IN FISCAL YEARS 2021 AND 2022.—With respect to the 

13 amounts made available by section 418(a)(3)(A) of the So14 cial Security Act for each of fiscal years 2021 and 2022, 

15 section 418(a)(2)(C) of such Act shall be applied and ad16 ministered with respect to any State that is entitled to 

17 receive the entire amount that would be allotted to the 

18 State under section 418(a)(2)(B) of such Act for the fiscal 

19 year in the absence of this section, as if the Federal med20 ical assistance percentage for the State for the fiscal year 

21 were 100 percent. 

22 (c) FUNDING FOR THE TERRITORIES.—Section 

23 418(a)(4) of such Act (42 U.S.C. 618(a)(4)) is amended 

24 to read as follows: 

25 ‘‘(4) TERRITORIES.— 


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1 ‘‘(A) GRANTS.—The Secretary shall use 

2 the amounts made available by paragraph 

3 (3)(C) to make grants to the territories under 

4 this paragraph. 

5 ‘‘(B) ALLOTMENTS.—The amount de6 scribed in subparagraph (A) shall be allotted 

7 among the territories in proportion to the share 

8 of each territory of the total of the amounts 

9 payable to the territories under the Child Care 

10 and Development Block Grant Act of 1990 for 

11 the then most recent fiscal year. 

12 ‘‘(C) REDISTRIBUTION.—The 1st sentence 

13 of clause (i) and clause (ii) of paragraph (2)(D) 

14 shall apply with respect to the amounts allotted 

15 to the territories under this paragraph, except 

16 that the 2nd sentence of paragraph (2)(D) shall 

17 not apply and the amounts allotted to the terri18 tories that are available for redistribution for a 

19 fiscal year shall be redistributed to each terri20 tory that applies for the additional amounts, to 

21 the extent that the Secretary determines that 

22 the territory will be able to use the additional 

23 amounts to provide child care assistance, in an 

24 amount that bears the same ratio to the 

25 amount so available for redistribution as the 


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1 amount allotted to the territory for the fiscal 

2 year bears to the total amount allotted to all 

3 the territories receiving redistributed funds 

4 under this paragraph for the fiscal year. 

5 ‘‘(D) INAPPLICABILITY OF PAYMENT LIMI6 TATION.— Section 1108(a) shall not apply with 

7 respect to any amount paid under this para8 graph. 

9 ‘‘(E) APPLICATION OF CHILD CARE AND

10 DEVELOPMENT BLOCK GRANT ACT OF 1990.— 

11 Subsection (c) shall apply with respect to any 

12 amount paid under this paragraph. 

13 ‘‘(F) TERRITORY.—In this paragraph, the 

14 term ‘territory’ means the Commonwealth of 

15 Puerto Rico, the United States Virgin Islands, 

16 Guam, American Samoa, and the Common17 wealth of the Northern Mariana Islands.’’. 


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Union Calendar No. 1 

117TH CONGRESS 

1ST SESSION H. R. 1319 

[Report No. 117–7] 

A BILL 

To provide for reconciliation pursuant to title II of 

S. Con. Res. 5. 

FEBRUARY 24, 2021 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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