II 

Calendar No. 10 

117TH CONGRESS 

1ST SESSION H. R. 1319 

IN THE SENATE OF THE UNITED STATES 

MARCH 2 (legislative day, MARCH 1), 2021 

Received; read the first time 

MARCH 2, 2021 

Read the second time and placed on the calendar 

AN ACT 

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

Res. 5. 

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 


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

Sec. 1002. Emergency rural development grants for rural health care. 

Sec. 1003. Pandemic program administration funds. 

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

COVID–19-related programs. 

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

Sec. 1006. USDA assistance and support for socially disadvantaged farmers, 

ranchers, forest land owners and operators, and groups. 

Sec. 1007. Use of the Commodity Credit Corporation for Commodities and Associated Expenses. 

Subtitle B—Nutrition 

Sec. 1101. Supplemental nutrition assistance program. 

Sec. 1102. Additional assistance for SNAP online purchasing and technology 

improvements. 

Sec. 1103. Additional funding for nutrition assistance programs. 

Sec. 1104. Commodity supplemental food program. 

TITLE II—COMMITTEE ON EDUCATION AND LABOR 

Subtitle A—Education Matters 

PART 1—DEPARTMENT OF EDUCATION

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

Sec. 2002. Higher education emergency relief fund. 

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

Sec. 2004. Outlying areas. 

Sec. 2005. Bureau of Indian Education. 

Sec. 2006. Gallaudet University. 

Sec. 2007. Student aid administration. 

Sec. 2008. Howard University. 

Sec. 2009. National Technical Institute for the Deaf. 

Sec. 2010. Institute of Education Sciences. 

Sec. 2011. Program administration. 

Sec. 2012. Office of inspector general. 

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

higher education. 

PART 2—MISCELLANEOUS

Sec. 2021. National endowment for the arts. 

Sec. 2022. National endowment for the humanities. 

Sec. 2023. Institute of museum and library services. 

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

Subtitle B—Labor Matters 

Sec. 2101. Raising the Federal minimum wage. 

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

Sec. 2103. Compensation pursuant to the Longshore and Harbor Workers’ 

Compensation Act. 

Subtitle C—Human Services and Community Supports 


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Sec. 2201. Supporting older Americans and their families. 

Sec. 2202. Child Care and Development Block Grant Program. 

Sec. 2203. Child Care Stabilization. 

Sec. 2204. Head Start. 

Sec. 2205. Programs for survivors. 

Sec. 2206. Child abuse prevention and treatment. 

Sec. 2207. Corporation for National and Community Service and the National 

Service Trust. 

Subtitle D—Child Nutrition & Related Programs 

Sec. 2301. Improvements to WIC benefits. 

Sec. 2302. WIC program modernization. 

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

attained the age of 25. 

Sec. 2304. Pandemic EBT program. 

Subtitle E—COBRA Continuation Coverage 

Sec. 2401. Preserving health benefits for workers. 

TITLE III—COMMITTEE ON ENERGY AND COMMERCE 

Subtitle A—Public Health 

CHAPTER 1—VACCINES AND THERAPEUTICS

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

control and prevention. 

Sec. 3002. Funding for vaccine confidence activities. 

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

medical supplies. 

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

the Food and Drug Administration. 

CHAPTER 2—TESTING

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

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

Sec. 3013. Funding for global health. 

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

CHAPTER 3—PUBLIC HEALTH WORKFORCE

Sec. 3021. Funding for public health workforce. 

Sec. 3022. Funding for Medical Reserve Corps. 

CHAPTER 4—PUBLIC HEALTH INVESTMENTS

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

Sec. 3032. Funding for National Health Service Corps. 

Sec. 3033. Funding for Nurse Corps. 

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

education. 

Sec. 3035. Funding for family planning. 

Sec. 3036. Funding for Office of Inspector General. 


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CHAPTER 5—INDIAN HEALTH

Sec. 3041. Funding for Indian health. 

CHAPTER 6—MENTAL HEALTH AND SUBSTANCE USE DISORDER

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

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

abuse. 

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

professionals, paraprofessionals, and public safety officers. 

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

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

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

behavioral health among their health professional workforce. 

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

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

needs. 

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

Sec. 3059. Funding for Project AWARE. 

Sec. 3059A. Funding for youth suicide prevention. 

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

CHAPTER 7—EXCHANGE GRANT PROGRAM

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

Subtitle B—Medicaid 

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

treatment under Medicaid. 

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

postpartum women. 

Sec. 3103. State Option to Provide Qualifying Community-Based Mobile Crisis 

Intervention Services. 

Sec. 3104. Temporary increase in FMAP for medical assistance under State 

Medicaid plans which begin to expend amounts for certain 

mandatory individuals. 

Sec. 3105. Extension of 100 percent Federal medical assistance percentage to 

Urban Indian Health Organizations and Native Hawaiian 

Health Care Systems. 

Sec. 3106. Sunset of limit on maximum rebate amount for single source drugs 

and innovator multiple source drugs. 

Sec. 3107. Additional support for Medicaid home and community-based services 

during the COVID–19 emergency. 

Sec. 3108. Funding for State strike teams for resident and employee safety in 

nursing facilities. 

Sec. 3109. Special Rule for the Period of a Declared Public Health Emergency 

Related to Coronavirus. 

Subtitle C—Children’s Health Insurance Program 

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

treatment under CHIP. 


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

postpartum women. 

Subtitle D—Other Provisions 

CHAPTER 1—ENSURING ENVIRONMENTAL HEALTH AND RATEPAYER

PROTECTION DURING THE PANDEMIC

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

Sec. 3302. Funding for LIHEAP. 

Sec. 3303. Funding for water assistance program. 

CHAPTER 2—DISTANCE LEARNING AND CONSUMER PROTECTION DURING

THE COVID–19 PANDEMIC

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

from potentially dangerous products related to COVID–19. 

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

and devices. 

CHAPTER 3—OVERSIGHT OF DEPARTMENT OF COMMERCE PREVENTION AND

RESPONSE TO COVID–19 

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

TITLE IV—COMMITTEE ON FINANCIAL SERVICES 

Subtitle A—Defense Production Act of 1950 

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

Subtitle B—Housing Provisions 

Sec. 4101. Emergency rental assistance. 

Sec. 4102. Emergency housing vouchers. 

Sec. 4103. Emergency assistance for rural housing. 

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

Americans. 

Sec. 4105. Housing counseling. 

Sec. 4106. Homelessness assistance and supportive services program. 

Sec. 4107. Homeowner Assistance Fund. 

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

Sec. 4109. Fair housing activities. 

Subtitle C—Small Business (SSBCI) 

Sec. 4201. State Small Business Credit Initiative. 

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 


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Sec. 5111. Emergency Federal Employee Leave Fund. 

Sec. 5112. Funding for the Government Accountability Office. 

Sec. 5113. Pandemic Response Accountability Committee funding availability. 

Sec. 5114. Funding for the White House. 

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. 

Sec. 7008. Emergency FAA Employee Leave Fund. 

Subtitle B—Aviation Manufacturing Jobs Protection 

Sec. 7101. Definitions. 

Sec. 7102. Payroll support program. 

Subtitle C—Continued Assistance to Rail Workers 

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

Sec. 7202. Extended unemployment benefits under the Railroad Unemployment 

Insurance Act. 

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

the Railroad Unemployment Insurance Act. 

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

funding. 

TITLE VIII—COMMITTEE ON VETERANS’ AFFAIRS 

Sec. 8001. Funding for claims and appeals processing. 

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

Sec. 8003. Funding for supply chain modernization. 

Sec. 8004. Funding for state homes. 

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

general. 

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

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

emergency relating to COVID–19. 

Sec. 8008. Emergency Department of Veterans Affairs Employee Leave Fund. 


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TITLE IX—COMMITTEE ON WAYS AND MEANS 

Subtitle A—Crisis Support for Unemployed Workers 

PART 1—EXTENSION OF CARES ACT UNEMPLOYMENT PROVISIONS

Sec. 9011. Extension of pandemic unemployment assistance. 

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

Sec. 9013. Extension of Federal Pandemic Unemployment Compensation. 

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

regular unemployment for States with no waiting week. 

Sec. 9015. Extension of emergency State staffing flexibility. 

Sec. 9016. Extension of Pandemic Emergency Unemployment Compensation. 

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

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

PART 2—EXTENSION OF FFCRA UNEMPLOYMENT PROVISIONS

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

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

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

EQUITABLE PAYMENT

Sec. 9031. Funding for administration. 

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

to eligible workers. 

Subtitle B—Emergency Assistance to Families Through Home Visiting 

Programs 

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

Subtitle C—Emergency Assistance to Children and Families 

Sec. 9201. Pandemic Emergency Assistance. 

Subtitle D—Elder Justice and Support Guarantee 

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

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

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

through contracts with quality improvement organizations. 

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

nursing facilities. 

Subtitle F—Preserving Health Benefits for Workers 

Sec. 9501. Preserving health benefits for workers. 

Subtitle G—Promoting Economic Security 

PART 1—2021 RECOVERY REBATES TO INDIVIDUALS


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Sec. 9601. 2021 recovery rebates to individuals. 

PART 2—CHILD TAX CREDIT

Sec. 9611. Child tax credit improvements for 2021. 

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

PART 3—EARNED INCOME TAX CREDIT

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

qualifying children. 

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

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

Sec. 9624. Modification of disqualified investment income test. 

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

States. 

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

of earned income tax credit. 

PART 4—DEPENDENT CARE ASSISTANCE

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

credit. 

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

PART 5—CREDITS FOR PAID SICK AND FAMILY LEAVE

Sec. 9641. Payroll credits. 

Sec. 9642. Credit for sick leave for certain self-employed individuals. 

Sec. 9643. Credit for family leave for certain self-employed individuals. 

PART 6—EMPLOYEE RETENTION CREDIT

Sec. 9651. Extension of employee retention credit. 

PART 7—PREMIUM TAX CREDIT

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

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

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

unemployment compensation during 2021. 

PART 8—MISCELLANEOUS PROVISIONS

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

Sec. 9672. Tax treatment of targeted EIDL advances. 

Sec. 9673. Tax treatment of restaurant revitalization grants. 

Sec. 9674. Modification of exceptions for reporting of third party network 

transactions. 

Subtitle H—Pensions 


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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. 

TITLE X—INTERNATIONAL AFFAIRS 

Sec. 10001. Department of State operations. 

Sec. 10002. United States Agency for International Development operations. 

Sec. 10003. Global response. 

Sec. 10004. Humanitarian response. 

Sec. 10005. Multilateral assistance. 

TITLE XI—COMMITTEE ON NATURAL RESOURCES 

Sec. 1101. Indian Affairs. 

Sec. 1102. United States Fish and Wildlife Service. 

TITLE XII—COMMITTEE ON SCIENCE, SPACE, AND TECHNOLOGY 

Sec. 12001. National Institute of Standards and Technology. 

Sec. 12002. National Science Foundation. 

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 


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

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

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

4 shall use the amounts made available pursuant to sub5 section (a)— 

6 (1) to purchase food and agricultural commod7 ities; 

8 (2) to purchase and distribute agricultural com9 modities (including fresh produce, dairy, eggs, and 

10 meat) to individuals in need, including through deliv11 ery to nonprofit organizations and through res12 taurants and other food related entities, as deter13 mined by the Secretary, that may receive, store, 

14 process, and distribute food items; 

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

16 midsized food processors or distributors, farmers 

17 markets, producers, or other organizations to re18 spond to COVID–19, including for measures to pro19 tect workers against COVID–19; and 

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

21 assistance to maintain and improve food and agricul22 tural supply chain resiliency. 

23 (c) ANIMAL HEALTH.— 

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

25 Secretary of Agriculture shall conduct monitoring 


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1 and surveillance of susceptible animals for incidence 

2 of SARS–CoV–2. 

3 (2) GUIDANCE.—Activities conducted under 

4 paragraph (1) shall be consistent with guidance pro5 vided by the World Organisation for Animal Health. 

6 (3) FUNDING.—Out of the amounts made avail7 able under subsection (a), the Secretary shall use 

8 $300,000,000 to carry out this subsection. 

9 (d) OVERTIME FEES.— 

10 (1) SMALL ESTABLISHMENT; VERY SMALL ES11 TABLISHMENT DEFINITIONS.—The terms ‘‘small es12 tablishment’’ and ‘‘very small establishment’’ have 

13 the meaning given those terms in the final rule enti14 tled ‘‘Pathogen Reduction; Hazard Analysis and 

15 Critical Control Point (HACCP) Systems’’ published 

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

17 Reg. 38806). 

18 (2) OVERTIME INSPECTION COST REDUC19 TION.—Notwithstanding section 10703 of the Farm 

20 Security and Rural Investment Act of 2002 (7 

21 U.S.C. 2219a), the Act of June 5, 1948 (21 U.S.C. 

22 695), section 25 of the Poultry Products Inspection 

23 Act (21 U.S.C. 468), and section 24 of the Egg 

24 Products Inspection Act (21 U.S.C. 1053), and any 

25 regulations promulgated by the Department of AgriVerDate Sep 11 2014 23:55 Mar 02, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.PCS H1319

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1 culture implementing such provisions of law and 

2 subject to the availability of funds under paragraph 

3 (3), the Secretary of Agriculture shall reduce the 

4 amount of overtime inspection costs borne by feder5 ally-inspected small establishments and very small 

6 establishments engaged in meat, poultry, or egg 

7 products processing and subject to the requirements 

8 of the Federal Meat Inspection Act (21 U.S.C. 601 

9 et seq.), the Poultry Products Inspection Act (21 

10 U.S.C. 451 et seq.), or the Egg Products Inspection 

11 Act (21 U.S.C. 1031 et seq.), for inspection activi12 ties carried out during the period of fiscal years 

13 2021 through 2030. 

14 (3) FUNDING.—Out of the amounts made avail15 able under subsection (a), the Secretary shall use 

16 $100,000,000 to carry out this subsection. 

17 SEC. 1002. EMERGENCY RURAL DEVELOPMENT GRANTS 

18 FOR RURAL HEALTH CARE. 

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

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

21 made available by this section to establish an emergency 

22 pilot program for rural development not later than 150 

23 days after the date of enactment of this Act to provide 

24 grants to eligible applicants (as defined in section 

25 3570.61(a) of title 7, Code of Federal Regulations) to be 


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1 awarded by the Secretary based on rural development 

2 needs related to the COVID–19 pandemic. 

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

4 awarded under this section may use the grant funds for 

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

6 grant, as determined by the Secretary, of facilities which 

7 primarily serve rural areas (as defined in section 

8 343(a)(13)(C) of the Consolidated Farm and Rural Devel9 opment Act (7 U.S.C. 1991(a)(13)(C)), which are located 

10 in a rural area, the median household income of the popu11 lation to be served by which is less than the greater of 

12 the poverty line or the applicable percentage (determined 

13 under section 3570.63(b) of title 7, Code of Federal Regu14 lations) of the State nonmetropolitan median household 

15 income, and for which the performance of any construction 

16 work completed with grant funds shall meet the condition 

17 set forth in section 9003(f) of the Farm Security and 

18 Rural Investment Act of 2002 (7 U.S.C. 8103(f)), to— 

19 (1) increase capacity for vaccine distribution; 

20 (2) provide medical supplies to increase medical 

21 surge capacity; 

22 (3) reimburse for revenue lost during the 

23 COVID–19 pandemic, including revenue losses in24 curred prior to the awarding of the grant; 


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1 (4) increase telehealth capabilities, including 

2 underlying health care information systems; 

3 (5) construct temporary or permanent struc4 tures to provide health care services, including vac5 cine administration or testing; 

6 (6) support staffing needs for vaccine adminis7 tration or testing; and 

8 (7) engage in any other efforts to support rural 

9 development determined to be critical to address the 

10 COVID–19 pandemic, including nutritional assist11 ance to vulnerable individuals, as approved by the 

12 Secretary. 

13 (c) FUNDING.—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, $500,000,000, to remain available until 

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

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

19 for administrative purposes and not more than 2 percent 

20 may be used by the Secretary for technical assistance as 

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

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

23 SEC. 1003. PANDEMIC PROGRAM ADMINISTRATION FUNDS. 

24 In addition to amounts otherwise available, there are 

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


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

2 remain available until expended, for necessary administra3 tive expenses associated with carrying out this subtitle. 

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

5 GENERAL FOR OVERSIGHT OF COVID–19-RE6 LATED PROGRAMS. 

7 In addition to amounts otherwise made available, 

8 there is appropriated to the Office of the Inspector Gen9 eral of the Department of Agriculture for fiscal year 2021, 

10 out of any money in the Treasury not otherwise appro11 priated, $2,500,000, to remain available until September 

12 30, 2022, for audits, investigations, and other oversight 

13 activities of projects and activities carried out with funds 

14 made available to the Department of Agriculture related 

15 to the COVID–19 pandemic. 

16 SEC. 1005. FARM LOAN ASSISTANCE FOR SOCIALLY DIS17 ADVANTAGED FARMERS AND RANCHERS. 

18 (a) PAYMENTS.— 

19 (1) APPROPRIATION.—In addition to amounts 

20 otherwise available, there is appropriated to the Sec21 retary for fiscal year 2021, out of amounts in the 

22 Treasury not otherwise appropriated, such sums as 

23 may be necessary, to remain available until ex24 pended, for the cost of loan modifications and pay25 ments under this section. 


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1 (2) PAYMENTS.—The Secretary shall provide a 

2 payment in an amount equal to 120 percent of the 

3 outstanding indebtedness of each socially disadvan4 taged farmer or rancher as of January 1, 2021, to 

5 pay off the loan directly or to the socially disadvan6 taged farmer or rancher (or a combination of both), 

7 on each— 

8 (A) direct farm loan made by the Secretary 

9 to the socially disadvantaged farmer or rancher; 

10 and 

11 (B) farm loan guaranteed by the Secretary 

12 the borrower of which is the socially disadvan13 taged farmer or rancher. 

14 (b) DEFINITIONS.—In this section: 

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

16 means— 

17 (A) a loan administered by the Farm Serv18 ice Agency under subtitle A, B, or C of the 

19 Consolidated Farm and Rural Development Act 

20 (7 U.S.C. 1922 et seq.); and 

21 (B) a Commodity Credit Corporation Farm 

22 Storage Facility Loan. 

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

24 the Secretary of Agriculture. 


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1 (3) SOCIALLY DISADVANTAGED FARMER OR

2 RANCHER.—The term ‘‘socially disadvantaged farm3 er or rancher’’ has the meaning given the term in 

4 section 2501(a) of the Food, Agriculture, Conserva5 tion, and Trade Act of 1990 (7 U.S.C. 2279(a)). 

6 SEC. 1006. USDA ASSISTANCE AND SUPPORT FOR SOCIALLY 

7 DISADVANTAGED FARMERS, RANCHERS, FOR8 EST LAND OWNERS AND OPERATORS, AND 

9 GROUPS. 

10 (a) APPROPRIATION.—In addition to amounts other11 wise available, there is appropriated to the Secretary of 

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

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

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

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

16 use the amounts made available pursuant to subsection 

17 (a)— 

18 (1) to provide outreach, mediation, financial 

19 training, capacity building training, cooperative de20 velopment training and support, and other technical 

21 assistance on issues concerning food, agriculture, ag22 ricultural credit, agricultural extension, rural devel23 opment, or nutrition to socially disadvantaged farm24 ers, ranchers, or forest landowners, or other mem25 bers of socially disadvantaged groups; 


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

2 access for socially disadvantaged farmers, ranchers, 

3 or forest landowners, including issues related to 

4 heirs’ property in a manner as determined by the 

5 Secretary; 

6 (3) to support the development of agricultural 

7 credit institutions that are designed to serve socially 

8 disadvantaged groups, including other financing in9 stitutions funded by the Farm Credit System; 

10 (4) to support the activities of one or more eq11 uity commissions that will address racial equity 

12 issues within the Department of Agriculture and its 

13 programs; 

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

15 legal centers focused on agricultural legal issues of 

16 socially disadvantaged farmers, ranchers, or forest 

17 landowners or other members of socially disadvan18 taged groups; 

19 (6) to support and supplement agricultural re20 search, education, and extension, as well as scholar21 ships and programs that provide internships and 

22 pathways to Federal employment, at— 

23 (A) colleges or universities eligible to re24 ceive funds under the Act of August 30, 1890 

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


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1 (7 U.S.C. 321 et seq.), including Tuskegee Uni2 versity; 

3 (B) 1994 Institutions (as defined in sec4 tion 532 of the Equity in Educational Land5 Grant Status Act of 1994 (7 U.S.C. 301 note; 

6 Public Law 103–382)); 

7 (C) Alaska Native serving institutions and 

8 Native Hawaiian serving institutions eligible to 

9 receive grants under subsections (a) and (b), re10 spectively, of section 1419B of the National Ag11 ricultural Research, Extension, and Teaching 

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

13 (D) Hispanic-serving institutions eligible to 

14 receive grants under section 1455 of the Na15 tional Agricultural Research, Extension, and 

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

17 and 

18 (E) the insular area institutions of higher 

19 education located in the territories of the 

20 United States, as referred to in section 1489 of 

21 the National Agricultural Research, Extension, 

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

23 3361); 

24 (7) to provide assistance to socially disadvan25 taged farmers, ranchers, or forest landowners that 


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1 are former farm loan borrowers that suffered related 

2 adverse actions or past discrimination or bias in De3 partment of Agriculture programs, as determined by 

4 the Secretary; and 

5 (8) to establish pilot projects that focus on land 

6 acquisition, financial planning, and credit by pro7 viding technical and financial assistance related to 

8 agricultural production or timber production on non9 industrial private forest land to socially disadvan10 taged farmers, ranchers, or forest landowners, or 

11 other members of socially disadvantaged groups. 

12 (c) DEFINITIONS.—In this section: 

13 (1) NONINDUSTRIAL PRIVATE FOREST LAND.— 

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

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

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

17 3801(a)(18)). 

18 (2) SOCIALLY DISADVANTAGED FARMER, 

19 RANCHER, OR FOREST LANDOWNER.—The term ‘‘so20 cially disadvantaged farmer, rancher, or forest land21 owner’’ means a farmer, rancher, or owner or oper22 ator of nonindustrial private forest land who is a 

23 member of a socially disadvantaged group. 

24 (3) SOCIALLY DISADVANTAGED GROUP.—The 

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1 ing given the term in section 2501(a) of the Food, 

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

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

4 SEC. 1007. USE OF THE COMMODITY CREDIT CORPORATION 

5 FOR COMMODITIES AND ASSOCIATED EX6 PENSES. 

7 In addition to amounts otherwise made available, 

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

9 money in the Treasury not otherwise appropriated, 

10 $800,000,000, to remain available until September 30, 

11 2022, to use the Commodity Credit Corporation to acquire 

12 and make available commodities under section 406(b) of 

13 the Food for Peace Act (7 U.S.C. 1736(b)) and for ex14 penses under such section. 

15 Subtitle B—Nutrition 

16 SEC. 1101. SUPPLEMENTAL NUTRITION ASSISTANCE PRO17 GRAM. 

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

19 N of the Consolidated Appropriations Act, 2021 (Public 

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

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

22 (b) SNAP ADMINISTRATIVE EXPENSES.—In addition 

23 to amounts otherwise available, there is hereby appro24 priated for fiscal year 2021, out of any amounts in the 

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


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1 remain available until September 30, 2023, with amounts 

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

3 2023, for the costs of State administrative expenses asso4 ciated with carrying out this section and administering the 

5 supplemental nutrition assistance program established 

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

7 et seq.), of which— 

8 (1) $15,000,000 shall be for necessary expenses 

9 of the Secretary of Agriculture (in this section re10 ferred to as the ‘‘Secretary’’) for management and 

11 oversight of the program; and 

12 (2) $1,135,000,000 shall be for the Secretary to 

13 make grants to each State agency for each of fiscal 

14 years 2021 through 2023 as follows: 

15 (A) 75 percent of the amounts available 

16 shall be allocated to States based on the share 

17 of each State of households that participate in 

18 the supplemental nutrition assistance program 

19 as reported to the Department of Agriculture 

20 for the most recent 12-month period for which 

21 data are available, adjusted by the Secretary 

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

23 participation in disaster programs under section 

24 5(h) of the Food and Nutrition Act of 2008 (7 

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


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1 (B) 25 percent of the amounts available 

2 shall be allocated to States based on the in3 crease in the number of households that partici4 pate in the supplemental nutrition assistance 

5 program as reported to the Department of Ag6 riculture over the most recent 12-month period 

7 for which data are available, adjusted by the 

8 Secretary (as of the date of the enactment of 

9 this Act) for participation in disaster programs 

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

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

12 SEC. 1102. ADDITIONAL ASSISTANCE FOR SNAP ONLINE 

13 PURCHASING AND TECHNOLOGY IMPROVE14 MENTS. 

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

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

17 out of any amounts in the Treasury not otherwise appro18 priated, $25,000,000 to remain available through Sep19 tember 30, 2026, to carry out this section. 

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

21 may use the amounts made available pursuant to sub22 section (a)— 

23 (1) to make technological improvements to im24 prove online purchasing in the supplemental nutriVerDate Sep 11 2014 23:55 Mar 02, 2021 Jkt 019200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.PCS H1319

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1 tion assistance program established under the Food 

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

3 (2) to modernize electronic benefit transfer 

4 technology; 

5 (3) to support the mobile technologies dem6 onstration projects and the use of mobile tech7 nologies authorized under section 7(h)(14) of the 

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

9 2016(h)(14)); and 

10 (4) to provide technical assistance to educate 

11 retailers on the process and technical requirements 

12 for the online acceptance of the supplemental nutri13 tion assistance program benefits, for mobile pay14 ments, and for electronic benefit transfer moderniza15 tion initiatives. 

16 SEC. 1103. ADDITIONAL FUNDING FOR NUTRITION ASSIST17 ANCE PROGRAMS. 

18 Section 704 of division N of the Consolidated Appro19 priations Act, 2021 (Public Law 116–260) is amended— 

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

21 following: 

22 ‘‘(a) COVID–19 RESPONSE FUNDING.—In addi23 tion’’; and 

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


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

2 other funds made available, there is appropriated for fiscal 

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

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

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

6 provide grants to the Commonwealth of Northern Mariana 

7 Islands, Puerto Rico, and American Samoa for nutrition 

8 assistance, of which $30,000,000 shall be available to pro9 vide grants to the Commonwealth of Northern Mariana 

10 Islands for such assistance.’’. 

11 SEC. 1104. COMMODITY SUPPLEMENTAL FOOD PROGRAM. 

12 In addition to amounts otherwise made available, 

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

14 money in the Treasury not otherwise appropriated, 

15 $37,000,000, to remain available until September 30, 

16 2022, for activities authorized by section 4(a) of the Agri17 culture and Consumer Protection Act of 1973 (7 U.S.C. 

18 612c note). 


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1 TITLE II—COMMITTEE ON 

2 EDUCATION AND LABOR 

3 Subtitle A—Education Matters 

4 PART 1—DEPARTMENT OF EDUCATION 

5 SEC. 2001. ELEMENTARY AND SECONDARY SCHOOL EMER6 GENCY RELIEF FUND. 

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

8 available through the Education Stabilization Fund, there 

9 is appropriated to the Department of Education for fiscal 

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

11 appropriated, $128,554,800,000, to remain available 

12 through September 30, 2023, to carry out this section. 

13 (b) GRANTS.—From funds provided under subsection 

14 (a), the Secretary shall make grants to each State edu15 cational agency in accordance with this section. 

16 (c) ALLOCATIONS TO STATES.—The amount of each 

17 grant under subsection (b) shall be allocated by the Sec18 retary to each State in the same proportion as each State 

19 received under part A of title I of the Elementary and 

20 Secondary Education Act of 1965 in the most recent fiscal 

21 year. 

22 (d) SUBGRANTS TO LOCAL EDUCATIONAL AGEN23 CIES.—Each State shall allocate not less than 90 percent 

24 of the grant funds awarded to the State under this section 

25 as subgrants to local educational agencies (including charVerDate Sep 11 2014 23:55 Mar 02, 2021 Jkt 019200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.PCS H1319

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1 ter schools that are local educational agencies) in the State 

2 in proportion to the amount of funds such local edu3 cational agencies and charter schools that are local edu4 cational agencies received under part A of title I of the 

5 Elementary and Secondary Education Act of 1965 in the 

6 most recent fiscal year. 

7 (e) USES OF FUNDS.—A local educational agency 

8 that receives funds under this section— 

9 (1) shall reserve not less than 20 percent of 

10 such funds to address learning loss through the im11 plementation of evidence-based interventions, such 

12 as summer learning, extended day, comprehensive 

13 afterschool programs, or extended school year pro14 grams, and ensure that such interventions respond 

15 to students’ academic, social, and emotional needs 

16 and address the disproportionate impact of the 

17 coronavirus on the student subgroups described in 

18 section 1111(b)(2)(xi) of the Elementary and Sec19 ondary Education Act of 1965 (20 U.S.C. 

20 6311(b)(2)(xi)), students experiencing homelessness, 

21 and children and youth in foster care; and 

22 (2) shall use the remaining funds for any of the 

23 following: 

24 (A) Any activity authorized by the Elemen25 tary and Secondary Education Act of 1965. 


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1 (B) Any activity authorized by the Individ2 uals with Disabilities Education Act. 

3 (C) Any activity authorized by the Adult 

4 Education and Family Literacy Act. 

5 (D) Any activity authorized by the Carl D. 

6 Perkins Career and Technical Education Act of 

7 2006. 

8 (E) Coordination of preparedness and re9 sponse efforts of local educational agencies with 

10 State, local, Tribal, and territorial public health 

11 departments, and other relevant agencies, to 

12 improve coordinated responses among such enti13 ties to prevent, prepare for, and respond to 

14 coronavirus. 

15 (F) Providing principals and others school 

16 leaders with the resources necessary to address 

17 the needs of their individual schools. 

18 (G) Activities to address the unique needs 

19 of low-income children or students, children 

20 with disabilities, English learners, racial and 

21 ethnic minorities, students experiencing home22 lessness, and foster care youth, including how 

23 outreach and service delivery will meet the 

24 needs of each population. 


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1 (H) Developing and implementing proce2 dures and systems to improve the preparedness 

3 and response efforts of local educational agen4 cies. 

5 (I) Training and professional development 

6 for staff of the local educational agency on sani7 tation and minimizing the spread of infectious 

8 diseases. 

9 (J) Purchasing supplies to sanitize and 

10 clean the facilities of a local educational agency, 

11 including buildings operated by such agency. 

12 (K) Planning for, coordinating, and imple13 menting activities during long-term closures, in14 cluding providing meals to eligible students, 

15 providing technology for online learning to all 

16 students, providing guidance for carrying out 

17 requirements under the IDEA and ensuring 

18 other educational services can continue to be 

19 provided consistent with all Federal, State, and 

20 local requirements. 

21 (L) Purchasing educational technology (in22 cluding hardware, software, and connectivity) 

23 for students who are served by the local edu24 cational agency that aids in regular and sub25 stantive educational interaction between stuVerDate Sep 11 2014 23:55 Mar 02, 2021 Jkt 019200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.PCS H1319

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1 dents and their classroom instructors, including 

2 low-income students and children with disabil3 ities, which may include assistive technology or 

4 adaptive equipment. 

5 (M) Providing mental health services and 

6 supports. 

7 (N) Planning and implementing activities 

8 related to summer learning and supplemental 

9 afterschool programs, including providing class10 room instruction or online learning during the 

11 summer months and addressing the needs of 

12 low-income students, children with disabilities, 

13 English learners, migrant students, students ex14 periencing homelessness, and children in foster 

15 care. 

16 (O) Addressing learning loss among stu17 dents, including low-income students, children 

18 with disabilities, English learners, racial and 

19 ethnic minorities, students experiencing home20 lessness, and children and youth in foster care, 

21 of the local educational agency, including by— 

22 (i) administering and using high-qual23 ity assessments that are valid and reliable, 

24 to accurately assess students’ academic 

25 progress and assist educators in meeting 


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1 students’ academic needs, including 

2 through differentiating instruction; 

3 (ii) implementing evidence-based ac4 tivities to meet the comprehensive needs of 

5 students; 

6 (iii) providing information and assist7 ance to parents and families on how they 

8 can effectively support students, including 

9 in a distance learning environment; and 

10 (iv) tracking student attendance and 

11 improving student engagement in distance 

12 education. 

13 (P) School facility repairs and improve14 ments to enable operation of schools to reduce 

15 risk of virus transmission and exposure to envi16 ronmental health hazards, and to support stu17 dent health needs. 

18 (Q) Inspection, testing, maintenance, re19 pair, replacement, and upgrade projects to im20 prove the indoor air quality in school facilities, 

21 including mechanical and non-mechanical heat22 ing, ventilation, and air conditioning systems, 

23 filtering, purification and other air cleaning, 

24 fans, control systems, and window and door re25 pair and replacement. 


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1 (R) Developing strategies and imple2 menting public health protocols including, to 

3 the greatest extent practicable, policies in line 

4 with guidance from the Centers for Disease 

5 Control and Prevention for the reopening and 

6 operation of school facilities to effectively main7 tain the health and safety of students, edu8 cators, and other staff. 

9 (S) Other activities that are necessary to 

10 maintain the operation of and continuity of 

11 services in local educational agencies and con12 tinuing to employ existing staff of the local edu13 cational agency. 

14 (f) STATE FUNDING.—With funds not otherwise allo15 cated under subsection (d), a State— 

16 (1) shall reserve not less than 5 percent of the 

17 total amount of grant funds awarded to the State 

18 under this section to carry out, directly or through 

19 grants or contracts, activities to address learning 

20 loss by supporting the implementation of evidence21 based interventions, such as summer learning, ex22 tended day, comprehensive afterschool programs, or 

23 extended school year programs, and ensure that 

24 such interventions respond to students’ academic, 

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1 proportionate impact of the coronavirus on the stu2 dent subgroups described in section 1111(b)(2)(xi) 

3 of the Elementary and Secondary Education Act of 

4 1965 (20 U.S.C. 6311(b)(2)(xi)), students experi5 encing homelessness, and children and youth in fos6 ter care, including by providing additional support to 

7 local educational agencies to fully address such im8 pacts; and 

9 (2) may reserve not more than one-half of 1 

10 percent of the total amount of grant funds awarded 

11 to the State under this section for administrative 

12 costs and the remainder for emergency needs as de13 termined by the state educational agency to address 

14 issues responding to coronavirus, which may be ad15 dressed through the use of grants or contracts. 

16 (g) EQUITABLE SERVICES.— 

17 (1) IN GENERAL.—In carrying out subsection 

18 (e)(1), a local educational agency shall provide equi19 table services in the same manner as provided under 

20 section 1117 of the Elementary and Secondary Edu21 cation Act of 1965 (20 U.S.C. 6320) to students 

22 and teachers in non-public schools, as determined in 

23 consultation with representatives of non-public 

24 schools, except that the standards for a bypass (if 

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1 ited by law from providing equitable services or has 

2 substantially failed or is unwilling to provide equi3 table services) shall be solely determined by the Sec4 retary. 

5 (2) PUBLIC CONTROL OF FUNDS.—Control of 

6 funds provided under subsection (e)(1), and title to 

7 materials, equipment, and property purchased with 

8 such funds, shall be in a public agency, and a public 

9 agency shall administer such funds, materials, equip10 ment, and property and shall provide such services 

11 (or may contract for the provision of such services 

12 with a public or private entity). 

13 (h) REPORT.—A State receiving funds under this sec14 tion shall submit a report to the Secretary, not later than 

15 6 months after receiving funding provided in this section, 

16 and every 6 months thereafter until such funds are obli17 gated, that provides a detailed accounting of the use of 

18 funds provided under this section, including by identifying 

19 the specific amounts used to carry out subsections (e)(1) 

20 and (f)(1) and a description of the specific activities car21 ried out under such subsections. 

22 (i) REALLOCATION.—A State shall return to the Sec23 retary any funds received under this section that the State 

24 does not award within 1 year of receiving such funds and 


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1 the Secretary shall reallocate such funds to the remaining 

2 States in accordance with subsection (c). 

3 (j) ESEA TERMS.—The terms ‘‘child’’, ‘‘children 

4 with disabilities’’, ‘‘distance education’’, ‘‘elementary 

5 school’’, ‘‘English learner’’, ‘‘evidence-based’’, ‘‘extended 

6 learning time’’, ‘‘secondary school’’, ‘‘local educational 

7 agency’’, ‘‘parent’’, ‘‘school leader’’, ‘‘Secretary’’, ‘‘State’’, 

8 ‘‘state educational agency’’, and ‘‘technology’’ have the 

9 meanings given those terms in section 8101 of the Ele10 mentary and Secondary Education Act of 1965 (20 U.S.C. 

11 7801). 

12 SEC. 2002. HIGHER EDUCATION EMERGENCY RELIEF FUND. 

13 In addition to amounts otherwise available, there is 

14 appropriated to the Department of Education for fiscal 

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

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

17 through September 30, 2023, for making allocations to in18 stitutions of higher education in accordance with the same 

19 terms and conditions of section 314 of Coronavirus Re20 sponse and Relief Supplemental Appropriations Act, 2021 

21 (division M of Public Law 116–260), except that— 

22 (1) subsection (a)(1) of such section 314 shall 

23 be applied by substituting ‘‘91 percent’’ for ‘‘89 per24 cent’’; 


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1 (2) subsection (a)(2) of such section 314 shall 

2 be applied— 

3 (A) in the matter preceding subparagraph 

4 (A), by substituting ‘‘under the heading ‘Higher 

5 Education’ in the Department of Education Ap6 propriations Act, 2020’’ for ‘‘in the Further 

7 Consolidated Appropriations Act, 2020 (Public 

8 Law 116–94)’’; and 

9 (B) in subparagraph (B), by substituting 

10 ‘‘under the heading ‘Higher Education’ in the 

11 Department of Education Appropriations Act, 

12 2020’’ for ‘‘in the Further Consolidated Appro13 priations Act, 2020 (Public Law 116–94)’’; 

14 (3) an institution that receives an allocation ap15 portioned in accordance with clause (iii) of sub16 section (a)(2)(A) of such section 314 that has a 

17 total endowment size of less than $1,000,000 (in18 cluding an institution that does not have an endow19 ment) shall be treated by the Secretary as having a 

20 total endowment size of $1,000,000 for the purposes 

21 of such clause (iii); 

22 (4) subsection (a)(4) of such section 314 shall 

23 be applied by substituting ‘‘1 percent’’ for ‘‘3 per24 cent’’; 


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1 (5) except as provided in paragraphs (7) and 

2 (9) of subsection (d) of such section 314, an institu3 tion shall use a portion of funds received under this 

4 section to— 

5 (A) implement evidence-based practices to 

6 monitor and suppress coronavirus in accordance 

7 with public health guidelines; and 

8 (B) conduct direct outreach to financial 

9 aid applicants about the opportunity to receive 

10 a financial aid adjustment due to the recent un11 employment of a family member or independent 

12 student, or other circumstances, described in 

13 section 479A of the Higher Education Act of 

14 1965 (20 U.S.C. 1087tt); 

15 (6) the following shall not apply to funds pro16 vided or received in accordance with this section— 

17 (A) subsection (b) of such section 314; 

18 (B) paragraph (2) of subsection (c) of such 

19 section 314; 

20 (C) paragraphs (1), (2), (4), (5), (6), and 

21 (8) of subsection (d) of such section 314; 

22 (D) subsections (e) and (f) of such section 

23 314; and 

24 (E) section 316 of the Coronavirus Re25 sponse and Relief Supplemental Appropriations 


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1 Act, 2021 (division M of Public Law 116–260); 

2 and 

3 (7) an institution that receives an allocation 

4 under this section apportioned in accordance with 

5 subparagraphs (A) through (D) of subsection (a)(1) 

6 of such section 314 shall use not less than 50 per7 cent of such allocation to provide emergency finan8 cial aid grants to students in accordance with sub9 section (c)(3) of such section 314. 

10 SEC. 2003. MAINTENANCE OF EFFORT AND MAINTENANCE 

11 OF EQUITY. 

12 (a) STATE MAINTENANCE OF EFFORT.— 

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

14 funds under section 2001, a State shall maintain 

15 support for elementary and secondary education, 

16 and for higher education (which shall include State 

17 funding to institutions of higher education and State 

18 need-based financial aid, and shall not include sup19 port for capital projects or for research and develop20 ment or tuition and fees paid by students), in each 

21 of fiscal years 2022 and 2023 at least at the propor22 tional levels of such State’s support for elementary 

23 and secondary education and for higher education 

24 relative to such State’s overall spending, averaged 

25 over fiscal years 2017, 2018, and 2019. 


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1 (2) WAIVER.—For the purpose of relieving fis2 cal burdens incurred by States in preventing, pre3 paring for, and responding to the coronavirus, the 

4 Secretary of Education may waive any maintenance 

5 of effort requirements associated with the Education 

6 Stabilization Fund. 

7 (b) STATE MAINTENANCE OF EQUITY.— 

8 (1) HIGH-POVERTY LOCAL EDUCATIONAL AGEN9 CIES.—As a condition of receiving funds under sec10 tion 2001, a State educational agency shall not, in 

11 fiscal year 2022 or 2023, reduce State funding (cal12 culated on a per-pupil basis) for any high-poverty 

13 local educational agency in the State by an amount 

14 that exceeds the overall per-pupil reduction in State 

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

16 such State in such fiscal year. 

17 (2) LOCAL EDUCATIONAL AGENCIES WITH

18 HIGHEST SHARE OF ECONOMICALLY DISADVAN19 TAGED STUDENT.—Notwithstanding paragraph (1), 

20 as a condition of receiving funds under section 2001, 

21 a State educational agency shall not, in fiscal year 

22 2022 or 2023, reduce State funding for any local 

23 educational agency that is part of the 20 percent of 

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1 dents (based on the percentages of economically dis2 advantaged students served by all local educational 

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

4 satisfactory data available from the Department of 

5 Commerce (or, for local educational agencies for 

6 which no such data is available, such other data as 

7 the Secretary of Education determines is satisfac8 tory)) below the level of funding provided to such 

9 local educational agencies in fiscal year 2019. 

10 (c) LOCAL EDUCATIONAL AGENCY MAINTENANCE OF

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

12 of receiving funds under section 2001, a local educational 

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

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

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

16 served by such local educational agency by an 

17 amount that exceeds— 

18 (A) the total reduction in local educational 

19 agency funding (from combined State and local 

20 funding) for all schools served by the local edu21 cational agency in such fiscal year (if any); di22 vided by 

23 (B) the number of children enrolled in all 

24 schools served by the local educational agency 

25 in such fiscal year; or 


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

2 in any high-poverty school by an amount that ex3 ceeds— 

4 (A) the total reduction in full-time equiva5 lent staff in all schools served by such local 

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

7 divided by 

8 (B) the number of children enrolled in all 

9 schools served by the local educational agency 

10 in such fiscal year. 

11 (d) DEFINITIONS.—In this section: 

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

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

14 agency in a State, a local educational agency that 

15 serves a higher percentage of economically disadvan16 taged students than the local educational agency 

17 that serves the median percentage of economically 

18 disadvantaged students, based on the percentages of 

19 economically disadvantaged students served by all 

20 local educational agencies in such State, on the basis 

21 of the most recent satisfactory data available from 

22 the Department of Commerce (or, for local edu23 cational agencies for which no such data is available, 

24 such other data as the Secretary of Education deter25 mines is satisfactory). 


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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 measure of poverty, as determined by the 

6 Secretary of Education), than the school that serves 

7 the median percentage of economically disadvan8 taged students based on the percentages of economi9 cally disadvantaged students— 

10 (A) at all schools served by such local edu11 cational agency; or 

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

13 of such local educational agency. 

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

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

16 (A) the amount of any reduction in the 

17 total amount of State funds provided to all local 

18 educational agencies in the State in such fiscal 

19 year compared to the total amount of such 

20 funds provided to all local educational agencies 

21 in the State in the previous fiscal year; divided 

22 by 

23 (B) the aggregate number of children en24 rolled in all schools served by all local eduVerDate Sep 11 2014 23:55 Mar 02, 2021 Jkt 019200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.PCS H1319

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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 Interior for fiscal year 

16 2021, out of any money in the Treasury not otherwise ap17 propriated, $850,000,000, to remain available until ex18 pended, for the Secretary of the Interior for awards, which 

19 awards shall be determined and funds for such awards al20 located by the Secretary of the Interior not more than 30 

21 calendar days after the date of enactment of this Act, for 

22 programs operated or funded by the Bureau of Indian 

23 Education, for Bureau-funded schools (as defined in sec24 tion 1141(3) of the Education Amendments of 1978 (25 

25 U.S.C. 2021(3)), and for Tribal Colleges or Universities 


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1 (as defined in section 316(b)(3) of the Higher Education 

2 Act of 1965 (20 U.S.C. 1059c(b)(3))). 

3 SEC. 2006. GALLAUDET UNIVERSITY. 

4 In addition to amounts otherwise available, there is 

5 appropriated to the Department of Education for fiscal 

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

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

8 September 30, 2023, for the Kendall Demonstration Ele9 mentary School, the Model Secondary School for the Deaf, 

10 and Gallaudet University to prevent, prepare for, and re11 spond to coronavirus, domestically or internationally, in12 cluding to defray expenses associated with coronavirus (in13 cluding lost revenue, reimbursement for expenses already 

14 incurred, technology costs associated with a transition to 

15 distance education, faculty and staff trainings, and pay16 roll) and to provide financial aid grants to students, which 

17 may be used for any component of the student’s cost of 

18 attendance. 

19 SEC. 2007. STUDENT AID ADMINISTRATION. 

20 In addition to amounts otherwise available, there is 

21 appropriated to the Department of Education for fiscal 

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

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

24 September 30, 2023, for Student Aid Administration with25 in the Department of Education to prevent, prepare for, 


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1 and respond to coronavirus including direct outreach to 

2 students and borrowers about financial aid, economic im3 pact payments, means-tested benefits, unemployment as4 sistance, and tax benefits, for which the students and bor5 rowers may be eligible. 

6 SEC. 2008. HOWARD UNIVERSITY. 

7 In addition to amounts otherwise available, there is 

8 appropriated to the Department of Education for fiscal 

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

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

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

12 prepare for, and respond to coronavirus, including to de13 fray expenses associated with coronavirus (including lost 

14 revenue, reimbursement for expenses already incurred, 

15 technology costs associated with a transition to distance 

16 education, faculty and staff trainings, and payroll) and to 

17 provide financial aid grants to students, which may be 

18 used for any component of the student’s cost of attend19 ance. 

20 SEC. 2009. NATIONAL TECHNICAL INSTITUTE FOR THE 

21 DEAF. 

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


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1 September 30, 2023, for the National Technical Institute 

2 for the Deaf to prevent, prepare for, and respond to 

3 coronavirus, including to defray expenses associated with 

4 coronavirus (including lost revenue, reimbursement for ex5 penses already incurred, technology costs associated with 

6 a transition to distance education, faculty and staff train7 ing, and payroll) and to provide financial aid grants to 

8 students, which may be used for any component of the 

9 student’s cost of attendance. 

10 SEC. 2010. INSTITUTE OF EDUCATION SCIENCES. 

11 In addition to amounts otherwise available, there is 

12 appropriated to the Department of Education for fiscal 

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

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

15 September 30, 2023, for the Institute of Education 

16 Sciences to carry out research related to addressing learn17 ing loss caused by the coronavirus among the student sub18 groups described in section 1111(b)(2)(xi) of the Elemen19 tary and Secondary Education Act of 1965 (20 U.S.C. 

20 6311(b)(2)(xi)) and students experiencing homelessness 

21 and children and youth in foster care, and to disseminate 

22 such findings to State educational agencies and local edu23 cational agencies and other appropriate entities. 


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1 SEC. 2011. PROGRAM ADMINISTRATION. 

2 In addition to amounts otherwise available, there is 

3 appropriated to the Department of Education for fiscal 

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

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

6 September 30, 2024, for Program Administration within 

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

8 respond to coronavirus, and for salaries and expenses nec9 essary to implement this part. 

10 SEC. 2012. OFFICE OF INSPECTOR GENERAL. 

11 In addition to amounts otherwise available, there is 

12 appropriated to the Department of Education for fiscal 

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

14 appropriated, $5,000,000, to remain available until ex15 pended, for the Office of Inspector General of the Depart16 ment of Education, for salaries and expenses necessary for 

17 oversight, investigations, and audits of programs, grants, 

18 and projects funded under this part carried out by the 

19 Office of Inspector General. 

20 SEC. 2013. MODIFICATION OF REVENUE REQUIREMENTS 

21 FOR PROPRIETARY INSTITUTIONS OF HIGH22 ER EDUCATION. 

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

24 Education Act of 1965 (20 U.S.C. 1094(a)(24)) is amend25 ed by striking ‘‘funds provided under this title’’ and insert26 ing ‘‘Federal funds that are disbursed or delivered to or 


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

2 (referred to in this paragraph and subsection (d) as ‘Fed3 eral education assistance funds’)’’. 

4 (b) IMPLEMENTATION OF NON-FEDERAL REVENUE

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

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

7 (1) in the subsection heading, by striking ‘‘Non8 title IV’’ and inserting ‘‘Non-Federal’’; and 

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

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

11 education assistance funds’’. 

12 PART 2—MISCELLANEOUS 

13 SEC. 2021. NATIONAL ENDOWMENT FOR THE ARTS. 

14 In addition to amounts otherwise available, there is 

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

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

17 to remain available until expended, under the National 

18 Foundation on the Arts and the Humanities Act of 1965, 

19 as follows: 

20 (1) Forty percent shall be for grants, and rel21 evant administrative expenses, to State arts agencies 

22 and regional arts organizations that support organi23 zations’ programming and general operating ex24 penses to cover up to 100 percent of the costs of the 

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1 pare for, respond to, and recover from the 

2 coronavirus. 

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

4 relevant administrative expenses, that support orga5 nizations’ programming and general operating ex6 penses to cover up to 100 percent of the costs of the 

7 programs which the grants support, to prevent, pre8 pare for, respond to, and recover from the 

9 coronavirus. 

10 SEC. 2022. NATIONAL ENDOWMENT FOR THE HUMANITIES. 

11 In addition to amounts otherwise available, there is 

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

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

14 to remain available until expended, under the National 

15 Foundation on the Arts and the Humanities Act of 1965, 

16 as follows: 

17 (1) Forty percent shall be for grants, and rel18 evant administrative expenses, to State humanities 

19 councils that support humanities organizations’ pro20 gramming and general operating expenses to cover 

21 up to 100 percent of the costs of the programs 

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

23 respond to, and recover from the coronavirus. 

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

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1 manities organizations’ programming and general 

2 operating expenses to cover up to 100 percent of the 

3 costs of the programs which the grants support, to 

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

5 the coronavirus. 

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

7 In addition to amounts otherwise available, there is 

8 appropriated to the Institute of Museum and Library 

9 Services for fiscal year 2021, out of any money in the 

10 Treasury not otherwise appropriated, $200,000,000, to re11 main available until expended, for necessary expenses to 

12 carry out museum and library services. The Director of 

13 the Institute of Museum and Library Services shall award 

14 not less than 89 percent of such funds to State library 

15 administrative agencies by applying the formula in section 

16 221(b) of the Museum and Library Services Act, except 

17 that— 

18 (1) section 221(b)(3)(A) of such Act shall be 

19 applied by substituting ‘‘$2,000,000’’ for 

20 ‘‘$680,000’’ and by substituting ‘‘$200,000’’ for 

21 ‘‘$60,000’’; and 

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

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

24 to funds provided under this section. 


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1 SEC. 2024. COVID-19 RESPONSE RESOURCES FOR THE PRES2 ERVATION AND MAINTENANCE OF NATIVE 

3 AMERICAN LANGUAGES. 

4 (a) Section 816 of the Native American Programs 

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

6 the end the following: 

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

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

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

10 remain available until expended, to carry out section 

11 803C(g) of this Act.’’. 

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

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

14 at the end the following: 

15 ‘‘(g) EMERGENCY GRANTS FOR NATIVE AMERICAN

16 LANGUAGE PRESERVATION AND MAINTENANCE.—Not 

17 later than 180 days after the effective date of this sub18 section, the Secretary shall award grants to entities eligi19 ble to receive assistance under subsection (a) to ensure 

20 the survival and continuing vitality of Native American 

21 languages during and after the public health emergency 

22 declared by the Secretary pursuant to section 319 of the 

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

24 to the COVID–19 pandemic.’’. 


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1 Subtitle B—Labor Matters 

2 SEC. 2101. RAISING THE FEDERAL MINIMUM WAGE. 

3 (a) MINIMUM WAGE INCREASES.— 

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

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

6 is amended to read as follows: 

7 ‘‘(1) except as otherwise provided in this sec8 tion, not less than— 

9 ‘‘(A) $9.50 an hour, beginning on the ef10 fective date under section 2101(e) of the Amer11 ican Rescue Plan Act of 2021; 

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

13 after such effective date; 

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

15 after such effective date; 

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

17 after such effective date; 

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

19 after such effective date; and 

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

21 after such effective date, and annually there22 after, the amount determined by the Secretary 

23 under subsection (h);’’. 

24 (2) DETERMINATION BASED ON INCREASE IN

25 THE MEDIAN HOURLY WAGE OF ALL EMPLOYEES.— 


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1 Section 6 of the Fair Labor Standards Act of 1938 

2 (29 U.S.C. 206) is amended by adding at the end 

3 the following: 

4 ‘‘(h)(1) Not later than each date that is 90 days be5 fore a new minimum wage determined under subsection 

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

7 the minimum wage to be in effect under this subsection 

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

9 wage determined under this subsection for a year shall 

10 be— 

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

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

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

14 percentage increase, if any, in the median hourly 

15 wage of all employees as determined by the Bureau 

16 of Labor Statistics; and 

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

18 $0.05. 

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

20 the median hourly wage of all employees for purposes of 

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

22 Labor Statistics, shall compile data on the hourly wages 

23 of all employees to determine such a median hourly wage 

24 and compare such median hourly wage for the most recent 


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1 year for which data are available with the median hourly 

2 wage determined for the preceding year.’’. 

3 (b) TIPPED EMPLOYEES.— 

4 (1) BASE MINIMUM WAGE FOR TIPPED EMPLOY5 EES AND TIPS RETAINED BY EMPLOYEES.—Section 

6 3(m)(2)(A)(i) of the Fair Labor Standards Act of 

7 1938 (29 U.S.C. 203(m)(2)(A)(i)) is amended to 

8 read as follows: 

9 ‘‘(i) the cash wage paid such em10 ployee, which for purposes of such deter11 mination shall be not less than— 

12 ‘‘(I) for the 1-year period begin13 ning on the effective date under sec14 tion 2101(e) of the American Rescue 

15 Plan Act of 2021, $4.95 an hour; 

16 ‘‘(II) for each succeeding 1-year 

17 period until the hourly wage under 

18 this clause equals the wage in effect 

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

20 an hourly wage equal to the amount 

21 determined under this clause for the 

22 preceding year, increased by the lesser 

23 of— 

24 ‘‘(aa) $2.00; or 


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1 ‘‘(bb) the amount necessary 

2 for the wage in effect under this 

3 clause to equal the wage in effect 

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

5 period, rounded up to the nearest 

6 multiple of $0.05; and 

7 ‘‘(III) for each succeeding 1-year 

8 period after all increases are made 

9 pursuant to subclause (II), the min10 imum wage in effect under section 

11 6(a)(1); and’’. 

12 (2) SCHEDULED REPEAL OF SEPARATE MIN13 IMUM WAGE FOR TIPPED EMPLOYEES.— 

14 (A) TIPPED EMPLOYEES.—Section 

15 3(m)(2)(A) of the Fair Labor Standards Act of 

16 1938 (29 U.S.C. 203(m)(2)(A)), as amended by 

17 paragraph (1), is further amended by striking 

18 the sentence beginning with ‘‘In determining 

19 the wage an employer is required to pay a 

20 tipped employee,’’ and all that follows through 

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

22 required to be paid to a tipped employee shall 

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

24 (B) EFFECTIVE DATE.—The amendments 

25 made by subparagraph (A) shall take effect on 


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

2 the hourly wage under subclause (III) of section 

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

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

5 amended by paragraph (1), takes effect. 

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

7 Standards Act of 1938 (29 U.S.C. 216) is amend8 ed— 

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

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

11 (B) in the second sentence of subsection 

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

13 (c) NEWLY HIRED EMPLOYEES WHO ARE LESS

14 THAN 20 YEARS OLD.— 

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

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

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

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

19 wage at a rate that is not less than— 

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

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

22 American Rescue Plan Act of 2021, $6.00 an 

23 hour; 

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

25 until the hourly wage under this paragraph 


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

2 for such period, an hourly wage equal to the 

3 amount determined under this paragraph for 

4 the preceding year, increased by the lesser of— 

5 ‘‘(i) $1.75; or 

6 ‘‘(ii) the amount necessary for the 

7 wage in effect under this paragraph to 

8 equal the wage in effect under section 

9 6(a)(1) for such period, rounded up to the 

10 nearest multiple of $0.05; and 

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

12 after all increases are made pursuant to sub13 paragraph (B), the minimum wage in effect 

14 under section 6(a)(1).’’. 

15 (2) SCHEDULED REPEAL OF SEPARATE MIN16 IMUM WAGE FOR NEWLY HIRED EMPLOYEES WHO

17 ARE LESS THAN 20 YEARS OLD.— 

18 (A) IN GENERAL.—Section 6(g)(1) of the 

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

20 206(g)(1)), as amended by paragraph (1), shall 

21 be repealed. 

22 (B) EFFECTIVE DATE.—The repeal made 

23 by subparagraph (A) shall take effect on the 

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

25 hourly wage under subparagraph (C) of section 


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

2 1938 (29 U.S.C. 206(g)(1)), as amended by 

3 paragraph (1), takes effect. 

4 (d) PROMOTING ECONOMIC SELF-SUFFICIENCY FOR

5 INDIVIDUALS WITH DISABILITIES.— 

6 (1) PROHIBITION ON NEW SPECIAL CERTIFI7 CATES.— 

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

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

10 214(c)) is amended by adding at the end the 

11 following: 

12 ‘‘(6) PROHIBITION ON NEW SPECIAL CERTIFI13 CATES.—Notwithstanding paragraph (1), the Sec14 retary shall not issue a special certificate under this 

15 subsection to an employer that was not issued a spe16 cial certificate under this subsection before the date 

17 of enactment of the American Rescue Plan Act of 

18 2021.’’. 

19 (B) EFFECTIVE DATE.—The amendment 

20 made by subparagraph (A) shall take effect on 

21 the date of enactment of this Act. 

22 (2) TRANSITION TO FAIR WAGES FOR INDIVID23 UALS WITH DISABILITIES.—Subparagraph (A) of 

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


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

2 follows: 

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

4 each year, the greater of— 

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

6 the effective date under section 2101(e) of 

7 the American Rescue Plan Act of 2021; 

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

9 after such effective date; 

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

11 years after such effective date; 

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

13 years after such effective date; 

14 ‘‘(V) $15.00 an hour, beginning 4 

15 years after such effective date; and 

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

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

18 such effective date; or 

19 ‘‘(ii) if applicable, the wage rate in ef20 fect on the day before the date of enact21 ment of the American Rescue Plan Act of 

22 2021 for the employment, under a special 

23 certificate issued under this paragraph, of 

24 the individual for whom the wage rate is 


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1 being determined under this subpara2 graph,’’. 

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

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

5 amended by adding at the end the following: 

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

7 date on which the wage rate described in paragraph 

8 (1)(A)(i)(VI) takes effect, the authority to issue spe9 cial certificates under paragraph (1) shall expire, 

10 and no special certificates issued under paragraph 

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

12 (e) GENERAL EFFECTIVE DATE.—Except as other13 wise provided in this section, or the amendments made 

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

15 this section shall take effect on the first day of the third 

16 month that begins after the date of the enactment of this 

17 Act. 

18 SEC. 2102. FUNDING FOR DEPARTMENT OF LABOR WORKER 

19 PROTECTION ACTIVITIES. 

20 (a) APPROPRIATION.—In addition to amounts other21 wise made available, out of any funds in the Treasury not 

22 otherwise appropriated, there are appropriated to the Sec23 retary of Labor for fiscal year 2021, $150,000,000, to re24 main available until September 30, 2023, for the Wage 

25 and Hour Division, the Office of Workers’ Compensation 


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

2 Health Administration, and the Occupational Safety and 

3 Health Administration to carry out COVID–19 related 

4 worker protection activities, and for the Office of Inspec5 tor General for oversight of the Secretary’s activities to 

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

7 (b) ALLOCATION OF AMOUNTS.—Amounts appro8 priated under subsection (a) shall be allocated as follows: 

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

10 Occupational Safety and Health Administration, of 

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

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

13 be for enforcement activities related to COVID–19 

14 at high risk workplaces including health care, meat 

15 and poultry processing facilities, agricultural work16 places and correctional facilities. 

17 (2) $12,500,000 shall be for the Office of In18 spector General. 

19 SEC. 2103. COMPENSATION PURSUANT TO THE LONGSHORE 

20 AND HARBOR WORKERS’ COMPENSATION 

21 ACT. 

22 (a) CLAIMS RELATED TO COVID–19.— 

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

24 covered employee who receives a diagnosis or is sub25 ject to an order described in paragraph (2)(B) and 


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1 who provides notice of or files a claim under section 

2 12 or 13 of the Longshore and Harbor Workers’ 

3 Compensation Act (33 U.S.C. 912, 913), respec4 tively, relating to such diagnosis or order shall be 

5 conclusively presumed to have an injury arising out 

6 of or in the course of employment for the purpose 

7 of compensation under the Longshore and Harbor 

8 Workers’ Compensation Act. 

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

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

11 at any time during the period beginning January 27, 

12 2020, and ending on January 27, 2023— 

13 (A) is an employee; and 

14 (B) is— 

15 (i) diagnosed with COVID–19; or 

16 (ii) ordered not to return to work by 

17 the employee’s employer or by a local, 

18 State, or Federal agency because of expo19 sure, or the risk of exposure, to 1 or more 

20 individuals diagnosed with COVID–19 in 

21 the workplace. 

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

23 with respect to a covered employee who— 


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1 (A) provides notice or files a claim de2 scribed in paragraph (1) on or before the date 

3 of the enactment of this Act; and 

4 (B) is determined to be entitled to the 

5 compensation described in paragraph (1) or 

6 awarded such compensation if such determina7 tion or award is made on or before such date. 

8 (4) DENIALS ON OR BEFORE THE DATE OF EN9 ACTMENT.—Paragraph (1) shall apply with respect 

10 to a covered employee who is determined not to be 

11 entitled to, or who is not awarded, compensation de12 scribed in paragraph (1) if such determination or de13 cision not to award such compensation is made on 

14 or before the date of enactment of this Act. 

15 (5) EXCLUSION.— The Secretary shall not con16 sider any compensation paid with respect to a notice 

17 or claim described in subsection (a), including com18 pensation for disability, death benefits, funeral and 

19 burial expenses, and medical expenses, in calculating 

20 the annual assessments under section 44(c)(2) of the 

21 Longshore and Harbor Workers’ Compensation Act 

22 (33 U.S.C. 944(c)(2)). 

23 (b) REIMBURSEMENT.— 

24 (1) IN GENERAL.— 


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1 (A) ENTITLEMENT.—Subject to subpara2 graph (B) and to the availability of appropria3 tions and limitation on payments under sub4 section (c), an employer of a covered employee 

5 or the employer’s carrier shall be entitled to re6 imbursement for any compensation paid with 

7 respect to a notice or claim described in sub8 section (a), including disability benefits, funeral 

9 and burial expenses, medical or other related 

10 costs for treatment and care, and reasonable 

11 and necessary allocated claims expenses. 

12 (B) SAFETY AND HEALTH REQUIRE13 MENTS.—To be entitled to reimbursement 

14 under subparagraph (A)— 

15 (i) an employer shall be in compliance 

16 with all applicable safety and health guide17 lines and standards that are related to the 

18 prevention of occupational exposure to the 

19 novel coronavirus that causes COVID–19, 

20 including such guidelines and standards 

21 issued by the Occupational Safety and 

22 Health Administration, State plans ap23 proved under section 18 of the Occupa24 tional Safety and Health Act of 1970 (29 


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

2 Occupational Safety and Health; and 

3 (ii) a carrier— 

4 (I) shall be a carrier for an em5 ployer that is in compliance with 

6 clause (i); and 

7 (II) shall not adjust the experi8 ence rating or the annual premium of 

9 the employer based upon the com10 pensation paid by the carrier with re11 spect to a notice or claim described in 

12 subparagraph (A). 

13 (2) REIMBURSEMENT PROCEDURES.— 

14 (A) IN GENERAL.—Subject to subsection 

15 (c), to receive reimbursement under paragraph 

16 (1)— 

17 (i) a claim for such reimbursement 

18 shall be submitted to the Secretary of 

19 Labor— 

20 (I) not earlier than— 

21 (aa) the date on which a 

22 compensation order (as described 

23 in section 19(e) of the Longshore 

24 and Harbor Workers’ Compensa25 tion Act (33 U.S.C. 919(e))) is 


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1 issued that fixes entitlement to 

2 benefits; or 

3 (bb) the date on which— 

4 (AA) a payment is 

5 made under such Act; 

6 (BB) entitlement to 

7 benefits is established under 

8 such Act; and 

9 (CC) the rate of com10 pensation and period of pay11 ment is relatively fixed and 

12 known; and 

13 (II) not later than one year after 

14 the final payment of compensation to 

15 a covered employee pursuant to this 

16 section; and 

17 (ii) an employer and the employer’s 

18 carrier shall make, keep, and preserve such 

19 records, make such reports, and provide 

20 such information, as the Secretary of 

21 Labor determines necessary or appropriate 

22 to carry out this section. 

23 (B) COMMUTATION OF COMPENSATION IN24 STALLMENTS.—The Secretary may commute 


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1 future compensation installments with respect 

2 to a claim under this section. 

3 (c) APPROPRIATIONS.— 

4 (1) IN GENERAL.—A reimbursement under sub5 section (b) shall be paid out of the Longshore 

6 COVID–19 Fund established in section 45 of the 

7 Longshore and Harbor Workers’ Compensation Act 

8 (in this section, referred to as the ‘‘Longshore 

9 COVID–19 Fund’’). 

10 (2) FUNDS.—In addition to amounts otherwise 

11 available, there are authorized to be appropriated, 

12 and there are appropriated, out of any money in the 

13 Treasury not otherwise appropriated, such sums as 

14 may be necessary for the period beginning on the 

15 date of enactment of this Act and ending on Sep16 tember 30, 2030, to the Longshore COVID–19 

17 Fund for each reimbursement paid out of such Fund 

18 under subsection (b). 

19 (3) LIMITATION.—With respect to a notice or 

20 claim for benefits approved on the basis of sub21 section (a), no payments may be made from the 

22 Longshore COVID–19 Fund or the special fund es23 tablished under section 44 of the Longshore and 

24 Harbor Workers’ Compensation Act (33 U.S.C. 944) 


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1 after September 30, 2030, for benefits, reimburse2 ments, or other expenditures relating to such claim. 

3 (4) FINAL ACTION.—The action of the Sec4 retary in allowing or denying any reimbursement 

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

6 all questions of law and fact. 

7 (d) DEFINITIONS.—In this section: 

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

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

10 the meanings given the terms in section 2 of the 

11 Longshore and Harbor Workers’ Compensation Act 

12 (33 U.S.C. 902). 

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

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

15 coronavirus declared to be a pandemic by public 

16 health authorities. 

17 (e) LONGSHORE COVID–19 FUND.—The Longshore 

18 and Harbor Workers’ Compensation Act (33 U.S.C. 901) 

19 is amended by adding after section 44 the following: 

20 ‘‘SEC. 45. LONGSHORE COVID–19 FUND. 

21 ‘‘(a) IN GENERAL.—There is established in the 

22 United States Department of Labor the Longshore 

23 COVID–19 Fund (in this section, referred to as the 

24 ‘Fund’), which consists of sums that are appropriated to 


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1 the Fund under section 2104(c)(2) of the American Res2 cue Act of 2021. 

3 ‘‘(b) EXPENDITURES.—Amounts in the Fund shall be 

4 available for the reimbursement of an employer or the em5 ployer’s carrier for payment of compensation, death bene6 fits, and other benefits and expenses paid under this Act 

7 when reimbursement is required under section 2104(b) of 

8 the American Rescue Act of 2021, subject to any limita9 tions in such section.’’. 

10 Subtitle C—Human Services and 

11 Community Supports 

12 SEC. 2201. SUPPORTING OLDER AMERICANS AND THEIR 

13 FAMILIES. 

14 (a) APPROPRIATION.—In addition to amounts other15 wise available, there is appropriated for fiscal year 2021, 

16 out of any money in the Treasury not otherwise appro17 priated, $1,444,000,000, to remain available until ex18 pended, to carry out the Older Americans Act of 1965. 

19 (b) ALLOCATION OF AMOUNTS.—Amounts made 

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

21 (1) $750,000,000 shall be available to carry out 

22 part C of title III of such Act. 

23 (2) $25,000,000 shall be available to carry out 

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


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1 (3) $470,000,000 shall be available to carry out 

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

3 (A) supportive services of the types made 

4 available for fiscal year 2020; 

5 (B) efforts related to COVID–19 vaccina6 tion outreach, including education, communica7 tion, transportation, and other activities to fa8 cilitate vaccination of older individuals; and 

9 (C) prevention and mitigation activities re10 lated to COVID–19 focused on addressing ex11 tended social isolation among older individuals, 

12 including activities for investments in techno13 logical equipment and solutions or other strate14 gies aimed at alleviating negative health effects 

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

16 recommendations for older individuals for the 

17 duration of the COVID–19 public health emer18 gency; 

19 (4) $44,000,000 shall be available to carry out 

20 part D of title III of such Act. 

21 (5) $145,000,000 shall be available to carry out 

22 part E of title III of such Act. 

23 (6) $10,000,000 shall be available to carry out 

24 the long-term care ombudsman program under title 

25 VII of such Act. 


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1 SEC. 2202. 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 program authorized under sec9 tion 658C of the Child Care and Development Block Grant 

10 Act of 1990 (42 U.S.C. 9858a) without regard to require11 ments in sections 658E(c)(3)(E) or 658G of such Act (42 

12 U.S.C. 9858c(c)(3), 9858e). Payments made to States, 

13 territories, Indian Tribes, and Tribal organizations from 

14 funds made available under this subsection shall be obli15 gated in fiscal year 2021 or the succeeding 2 fiscal years. 

16 States, territories, Indian Tribes, and Tribal organizations 

17 are authorized to use such funds to provide child care as18 sistance to health care sector employees, emergency re19 sponders, sanitation workers, and other workers deemed 

20 essential during the response to coronavirus by public offi21 cials, without regard to the income eligibility requirements 

22 of section 658P(4) of the Child Care and Development 

23 Block Grant Act (42 U.S.C. 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 2203 of this subtitle. Such grants shall be 

4 allotted in accordance with section 658O of the Child Care 

5 and Development Block Grant Act of 1990 (42 U.S.C. 

6 9858m), except that the requirements in subparagraphs 

7 (C) and (E) of section 658E(c)(3) and in section 658G 

8 of such Act (42 U.S.C. 9858c(c)(3), 9858e) shall not 

9 apply. 

10 (c) ADMINISTRATIVE COSTS.—In addition to 

11 amounts otherwise available, there is appropriated for fis12 cal year 2021, out of any amounts in the Treasury not 

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

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

15 technical assistance and conducting research and for the 

16 administrative costs to carry out this section and section 

17 2203 of this subtitle. 

18 SEC. 2203. CHILD CARE STABILIZATION. 

19 (a) DEFINITIONS.—In this section: 

20 (1) COVID–19 PUBLIC HEALTH EMERGENCY.— 

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

22 means the public health emergency declared by the 

23 Secretary of Health and Human Services under sec24 tion 319 of the Public Health Service Act (42 

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


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1 COVID–19, including any renewal of the declara2 tion. 

3 (2) ELIGIBLE CHILD CARE PROVIDER.—The 

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

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

6 Child Care and Development Block Grant Act of 

7 1990 (42 U.S.C. 9858n) or a child care provider 

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

9 territory, or Indian Tribe on the date of enactment 

10 of this Act and meets applicable State and local 

11 health and safety requirements. 

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

13 carry out this section and under the authority of section 

14 658O of the Child Care and Development Block Grant Act 

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

16 shall award to each lead agency a child care stabilization 

17 grant, without regard to the requirements in subpara18 graphs (C) and (E) of section 658E(c)(3), and in section 

19 658G, of the Child Care and Development Block Grant 

20 Act of 1990 (42 U.S.C. 9858c(c)(3), 9858e). Such grant 

21 shall be allotted in accordance with section 658O of the 

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

23 U.S.C. 9858m). 

24 (c) STATE RESERVATIONS AND SUBGRANTS.— 


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

2 that receives a child care stabilization grant pursu3 ant to subsection (b) shall reserve not more than 10 

4 percent of such grant funds to administer subgrants, 

5 provide technical assistance and support for applying 

6 for and accessing the subgrant opportunity, publicize 

7 the availability of the subgrants, carry out activities 

8 to increase the supply of child care, and provide 

9 technical assistance to help child care providers im10 plement policies as described in paragraph (2)(D)(i). 

11 (2) SUBGRANTS TO QUALIFIED CHILD CARE

12 PROVIDERS.— 

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

14 use the remainder of the grant funds awarded 

15 pursuant to subsection (b) to make subgrants 

16 to qualified child care providers described in 

17 subparagraph (B), regardless of such a pro18 vider’s previous receipt of other Federal assist19 ance, to support the stability of the child care 

20 sector during and after the COVID–19 public 

21 health emergency. 

22 (B) QUALIFIED CHILD CARE PROVIDER.— 

23 To be qualified to receive a subgrant under this 

24 paragraph, a provider shall be an eligible child 


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1 care provider that on the date of submission of 

2 an application for the subgrant, was either— 

3 (i) open and available to provide child 

4 care services; or 

5 (ii) closed due to public health, finan6 cial hardship, or other reasons relating to 

7 the COVID–19 public health emergency. 

8 (C) SUBGRANT AMOUNT.—The amount of 

9 such a subgrant to a qualified child care pro10 vider shall be based on the provider’s stated 

11 current operating expenses, including costs as12 sociated with providing or preparing to provide 

13 child care services during the COVID–19 public 

14 health emergency, and to the extent practicable, 

15 cover sufficient operating expenses to ensure 

16 continuous operations for the intended period of 

17 the subgrant. 

18 (D) APPLICATION.—The lead agency 

19 shall— 

20 (i) make available on the lead agen21 cy’s website an application for qualified 

22 child care providers that includes certifi23 cations that, for the duration of the 

24 subgrant— 


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1 (I) the provider applying will, 

2 when open and available to provide 

3 child care services, implement policies 

4 in line with guidance from the cor5 responding State, Tribal, and local 

6 authorities, and in accordance with 

7 State, Tribal, and local orders, and, to 

8 the greatest extent possible, imple9 ment policies in line with guidance 

10 from the Centers for Disease Control 

11 and Prevention; 

12 (II) for each employee, the pro13 vider will pay not less than the full 

14 compensation, including any benefits, 

15 that was provided to the employee as 

16 of the date of submission of the appli17 cation for the subgrant (referred to in 

18 this subclause as ‘‘full compensa19 tion’’), and will not take any action 

20 that reduces the weekly amount of the 

21 employee’s compensation below the 

22 weekly amount of full compensation, 

23 or that reduces the employee’s rate of 

24 compensation below the rate of full 

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1 tary furloughing of any employee em2 ployed on the date of submission of 

3 the application for the subgrant; and 

4 (III) the provider will provide re5 lief from copayments and tuition pay6 ments for the families enrolled in the 

7 provider’s program, to the extent pos8 sible, and prioritize such relief for 

9 families struggling to make either 

10 type of payment; and 

11 (ii) accept and process applications 

12 submitted under this subparagraph on a 

13 rolling basis, and provide subgrant funds 

14 in advance of provider expenditures, except 

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

16 (E) OBLIGATION.—The lead agency shall 

17 notify the Secretary if it is unable to obligate 

18 at least 50 percent of the funds received pursu19 ant to subsection (b) that are available for sub20 grants described in this paragraph within 9 

21 months of the date of enactment of this Act. 

22 (d) USES OF FUNDS.— 

23 (1) IN GENERAL.—A qualified child care pro24 vider that receives funds through such a subgrant 

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


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1 (A) Personnel costs, including payroll and 

2 salaries or similar compensation for an em3 ployee (including any sole proprietor or inde4 pendent contractor), employee benefits, pre5 mium pay, or costs for employee recruitment 

6 and retention. 

7 (B) Rent (including rent under a lease 

8 agreement) or payment on any mortgage obliga9 tion, utilities, facility maintenance or improve10 ments, or insurance. 

11 (C) Personal protective equipment, clean12 ing and sanitization supplies and services, or 

13 training and professional development related to 

14 health and safety practices. 

15 (D) Purchases of or updates to equipment 

16 and supplies to respond to the COVID–19 pub17 lic health emergency. 

18 (E) Goods and services necessary to main19 tain or resume child care services. 

20 (F) Mental health supports for children 

21 and employees. 

22 (2) REIMBURSEMENT.—The qualified child care 

23 provider may use the subgrant funds to reimburse 

24 the provider for sums obligated or expended before 

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


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1 good or service described in paragraph (1) to re2 spond to the COVID–19 public health emergency. 

3 (e) SUPPLEMENT NOT SUPPLANT.—Amounts made 

4 available to carry out this section shall be used to supple5 ment and not supplant other Federal, State, and local 

6 public funds expended to provide child care services for 

7 eligible individuals. 

8 SEC. 2204. HEAD START. 

9 In addition to amounts otherwise available, there is 

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

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

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

13 out the Head Start Act, including for Federal administra14 tive expenses. After reserving funds for Federal adminis15 trative expenses, the Secretary shall allocate all remaining 

16 amounts to Head Start agencies for one-time grants, and 

17 shall allocate to each Head Start agency an amount that 

18 bears the same ratio to the portion available for allocations 

19 as the number of enrolled children served by the Head 

20 Start agency bears to the number of enrolled children 

21 served by all Head Start agencies. 

22 SEC. 2205. PROGRAMS FOR SURVIVORS. 

23 (a) IN GENERAL.—Section 303 of the Family Vio24 lence Prevention and Services Act (42 U.S.C. 10403) is 

25 amended by adding at the end the following: 


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

2 carrying out this title, in addition to amounts otherwise 

3 made available for such purposes, there are appropriated, 

4 out of any amounts in the Treasury not otherwise appro5 priated, for fiscal year 2021, to remain available until ex6 pended, each of the following: 

7 ‘‘(1) $180,000,000 to carry out sections 301 

8 through 312, to be allocated in the manner described 

9 in subsection (a)(2), except that a reference in sub10 section (a)(2) to an amount appropriated under sub11 section (a)(1) shall be considered to be a reference 

12 to an amount appropriated under this paragraph, 

13 and that the matching requirement under section 

14 306(c)(4) shall not apply. 

15 ‘‘(2) $18,000,000 to carry out section 309. 

16 ‘‘(3) $2,000,000 to carry out section 313, of 

17 which $1,000,000 for each fiscal year shall be allo18 cated to support Indian communities.’’. 

19 (b) COVID–19 PUBLIC HEALTH EMERGENCY DE20 FINED.—In this section, the term ‘‘COVID–19 public 

21 health emergency’’ means the public health emergency de22 clared by the Secretary of Health and Human Services 

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

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

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


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1 (c) GRANTS TO SUPPORT CULTURALLY SPECIFIC

2 POPULATIONS.— 

3 (1) IN GENERAL.—In addition to amounts oth4 erwise made available, there is appropriated, out of 

5 any amounts in the Treasury not otherwise appro6 priated, to the Secretary of Health and Human 

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

8 available until expended, to carry out this subsection 

9 (excluding Federal administrative costs, for which 

10 funds are appropriated under subsection (e)). 

11 (2) USE OF FUNDS.—From amounts appro12 priated under paragraph (1), the Secretary acting 

13 through the Director of the Family Violence Preven14 tion and Services Program, shall— 

15 (A) support culturally specific community16 based organizations to provide culturally spe17 cific activities for survivors of sexual assault 

18 and domestic violence, to address emergent 

19 needs resulting from the COVID–19 public 

20 health emergency and other public health con21 cerns; and 

22 (B) support culturally specific community23 based organizations that provide culturally spe24 cific activities to promote strategic partnership 

25 development and collaboration in responding to 


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1 the impact of COVID–19 and other public 

2 health concerns on survivors of sexual assault 

3 and domestic violence. 

4 (d) GRANTS TO SUPPORT SURVIVORS OF SEXUAL AS5 SAULT.— 

6 (1) IN GENERAL.—In addition to amounts oth7 erwise made available, there is appropriated, out of 

8 any amounts in the Treasury not otherwise appro9 priated, to the Secretary of Health and Human 

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

11 available until expended, to carry out this subsection 

12 (excluding Federal administrative costs, for which 

13 funds are appropriated under subsection (e)). 

14 (2) USE OF FUNDS.—From amounts appro15 priated under paragraph (1), the Secretary acting 

16 through the Director of the Family Violence Preven17 tion and Services Program, shall assist rape crisis 

18 centers in transitioning to virtual services and meet19 ing the emergency needs of survivors. 

20 (e) ADMINISTRATIVE COSTS.—In addition to 

21 amounts otherwise made available, there is appropriated 

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

23 any amounts in the Treasury not otherwise appropriated, 

24 $2,500,000 for fiscal year 2021, to remain available until 


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1 expended, for the Federal administrative costs of carrying 

2 out subsections (c) and (d). 

3 SEC. 2206. CHILD ABUSE PREVENTION AND TREATMENT. 

4 In addition to amounts otherwise available, there is 

5 appropriated to the Secretary of Health and Human Serv6 ices for fiscal year 2021, out of any money in the Treasury 

7 not otherwise appropriated, the following amounts, to re8 main available through September 30, 2023: 

9 (1) $250,000,000 for carrying out the program 

10 authorized under section 201 of the Child Abuse 

11 Prevention and Treatment Act (42 U.S.C. 5116), 

12 which shall be allocated without regard to section 

13 204(4) of such Act (42 U.S.C. 5116d(4)) and shall 

14 be allotted to States in accordance with section 203 

15 of such Act (42 U.S.C. 5116b), except that— 

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

17 203, ‘‘70 percent’’ shall be deemed to be ‘‘100 

18 percent’’; and 

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

20 section 203 shall not apply; and 

21 (2) $100,000,000 for carrying out the State 

22 grant program authorized under section 106 of the 

23 Child Abuse Prevention and Treatment Act (42 

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1 gard to section 112(a)(2) of such Act (42 U.S.C. 

2 5106h(a)(2)). 

3 SEC. 2207. CORPORATION FOR NATIONAL AND COMMUNITY 

4 SERVICE AND THE NATIONAL SERVICE 

5 TRUST. 

6 (a) CORPORATION FOR NATIONAL AND COMMUNITY

7 SERVICE.—In addition to amounts otherwise made avail8 able, there is appropriated for fiscal year 2021, out of any 

9 money in the Treasury not otherwise appropriated, to the 

10 Corporation for National and Community Service, 

11 $852,000,000, to remain available through September 30, 

12 2024, to carry out subsection (b)), except that amounts 

13 to carry out subsection (b)(7) shall remain available until 

14 September 30, 2026. 

15 (b) ALLOCATION OF AMOUNTS.—Amounts provided 

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

17 (1) AMERICORPS STATE AND NATIONAL.— 

18 $620,000,000 shall be used— 

19 (A) to increase the living allowances of 

20 participants in national service programs; and 

21 (B) to make funding adjustments to exist22 ing (as of the date of enactment of this Act) 

23 awards and award new and additional awards 

24 to entities to support programs described in 

25 paragraphs (1)(B), (2)(B), (3)(B), (4)(B), and 


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1 (5)(B) of subsection (a), and subsection (b)(2), 

2 of section 122 of the National and Community 

3 Service Act of 1990 (42 U.S.C. 12572), wheth4 er or not the entities are already grant recipi5 ents under such provisions on the date of enact6 ment of this Act, and notwithstanding section 

7 122(a)(1)(B)(vi) of the National and Commu8 nity Service Act of 1990 (42 U.S.C. 

9 12572(a)(1)(B)(vi)), by— 

10 (i) prioritizing entities serving com11 munities disproportionately impacted by 

12 COVID–19 and utilizing culturally com13 petent and multilingual strategies in the 

14 provision of services; and 

15 (ii) taking into account the diversity 

16 of communities and participants served by 

17 such entities, including racial, ethnic, so18 cioeconomic, linguistic, or geographic diver19 sity. 

20 (2) STATE COMMISSIONS.—$20,000,000 shall 

21 be used to make adjustments to existing (as of the 

22 date of enactment of this Act) awards and new and 

23 additional awards, including awards to State Com24 missions on National and Community Service, under 


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1 section 126(a) of the National and Community Serv2 ice Act of 1990 (42 U.S.C. 12576(a)). 

3 (3) VOLUNTEER GENERATION FUND.— 

4 $20,000,000 shall be used for expenses authorized 

5 under section 501(a)(4)(F) of the National and 

6 Community Service Act of 1990 (42 U.S.C. 

7 12681(a)(4)(F)), which, notwithstanding section 

8 198P(d)(1)(B) of that Act (42 U.S.C. 

9 12653p(d)(1)(B)), shall be for grants awarded by 

10 the Corporation for National and Community Serv11 ice on a competitive basis. 

12 (4) AMERICORPS VISTA.—$80,000,000 shall be 

13 used for the purposes described in section 101 of the 

14 Domestic Volunteer Service Act of 1973 (42 U.S.C. 

15 4951), including to increase the living allowances of 

16 volunteers, described in section 105(b) of the Do17 mestic Volunteer Service Act of 1973 (42 U.S.C. 

18 4955(b)). 

19 (5) NATIONAL SENIOR SERVICE CORPS.— 

20 $30,000,000 shall be used for the purposes de21 scribed in section 200 of the Domestic Volunteer 

22 Service Act of 1973 (42 U.S.C. 5000). 

23 (6) ADMINISTRATIVE COSTS.—$73,000,000 

24 shall be used for the Corporation for National and 

25 Community Service for administrative expenses to 


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1 carry out programs and activities funded by sub2 section (a). 

3 (7) OFFICE OF INSPECTOR GENERAL.— 

4 $9,000,000 shall be used for the Office of Inspector 

5 General of the Corporation for National and Com6 munity Service for salaries and expenses necessary 

7 for oversight and audit of programs and activities 

8 funded by subsection (a). 

9 (c) NATIONAL SERVICE TRUST.—In addition to 

10 amounts otherwise made available, there is appropriated 

11 for fiscal year 2021, out of any money in the Treasury 

12 not otherwise appropriated, $148,000,000, to remain 

13 available until expended, for administration of the Na14 tional Service Trust, and for payment to the Trust for 

15 the provision of educational awards pursuant to section 

16 145(a)(1)(A) of the National and Community Service Act 

17 of 1990 (42 U.S.C. 12601(a)(1)(A)). 

18 Subtitle D—Child Nutrition & 

19 Related Programs 

20 SEC. 2301. IMPROVEMENTS TO WIC BENEFITS. 

21 (a) DEFINITIONS.—In this section: 

22 (1) APPLICABLE PERIOD.—The term ‘‘applica23 ble period’’ means a period— 

24 (A) beginning after the date of enactment 

25 of this Act, as selected by a State agency; and 


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1 (B) ending not later than the earlier of— 

2 (i) 4 months after the date described 

3 in subparagraph (A); or 

4 (ii) September 30, 2021. 

5 (2) CASH-VALUE VOUCHER.—The term ‘‘cash6 value voucher’’ has the meaning given the term in 

7 section 246.2 of title 7, Code of Federal Regulations 

8 (as in effect on the date of the enactment of this 

9 Act). 

10 (3) PROGRAM.—The term ‘‘program’’ means 

11 the special supplemental nutrition program for 

12 women, infants, and children established by section 

13 17 of the Child Nutrition Act of 1966 (42 U.S.C. 

14 1786). 

15 (4) QUALIFIED FOOD PACKAGE.—The term 

16 ‘‘qualified food package’’ means each of the fol17 lowing food packages (as defined in section 

18 246.10(e) of title 7, Code of Federal Regulations (as 

19 in effect on the date of the enactment of this Act)): 

20 (A) Food Package IV–Children 1 through 

21 4 years. 

22 (B) Food Package V–Pregnant and par23 tially (mostly) breastfeeding women. 

24 (C) Food Package VI–Postpartum women. 


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1 (D) Food Package VII–Fully 

2 breastfeeding. 

3 (5) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of Agriculture. 

5 (6) STATE AGENCY.—The term ‘‘State agency’’ 

6 has the meaning given the term in section 17(b) of 

7 the Child Nutrition Act of 1966 (42 U.S.C. 

8 1786(b)). 

9 (b) AUTHORITY TO INCREASE AMOUNT OF CASH10 VALUE VOUCHER.—During the public health emergency 

11 declared by the Secretary of Health and Human Services 

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

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

14 Coronavirus Disease 2019 (COVID–19), and in response 

15 to challenges relating to that public health emergency, the 

16 Secretary may, in carrying out the program, increase the 

17 amount of a cash-value voucher under a qualified food 

18 package to an amount that is less than or equal to $35. 

19 (c) APPLICATION OF INCREASED AMOUNT OF CASH20 VALUE VOUCHER TO STATE AGENCIES.— 

21 (1) NOTIFICATION.—An increase to the amount 

22 of a cash-value voucher under subsection (b) shall 

23 apply to any State agency that notifies the Secretary 

24 of— 


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1 (A) the intent to use that increased 

2 amount, without further application; and 

3 (B) the applicable period selected by the 

4 State agency during which that increased 

5 amount shall apply. 

6 (2) USE OF INCREASED AMOUNT.—A State 

7 agency that makes a notification to the Secretary 

8 under paragraph (1) shall use the increased amount 

9 described in that paragraph— 

10 (A) during the applicable period described 

11 in that notification; and 

12 (B) only during a single applicable period. 

13 (d) SUNSET.—The authority of the Secretary under 

14 subsection (b), and the authority of a State agency to in15 crease the amount of a cash-value voucher under sub16 section (c), shall terminate on September 30, 2021. 

17 (e) FUNDING.—In addition to amounts otherwise 

18 made available, there is appropriated to the Secretary, out 

19 of funds in the Treasury not otherwise appropriated, 

20 $490,000,000 to carry out this section, to remain available 

21 until September 30, 2022. 

22 SEC. 2302. WIC PROGRAM MODERNIZATION. 

23 In addition to amounts otherwise available, there are 

24 appropriated to the Secretary of Agriculture, out of 

25 amounts in the Treasury not otherwise appropriated, 


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1 $390,000,000 for fiscal year 2021, to remain available 

2 until September 30, 2024, to carry out outreach, innova3 tion, and program modernization efforts, including appro4 priate waivers and flexibility, to increase participation in 

5 and redemption of benefits under programs established 

6 under section 17 of the Child Nutrition Act of 1966 (7 

7 U.S.C. 1431), except that such waivers may not relate to 

8 the content of the WIC Food Packages (as defined in sec9 tion 246.10(e) of title 7, Code of Federal Regulations (as 

10 in effect on the date of enactment of this Act)), or the 

11 nondiscrimination requirements under section 246.8 of 

12 title 7, Code of Federal Regulations (as in effect on the 

13 date of enactment of this Act). 

14 SEC. 2303. MEALS AND SUPPLEMENTS REIMBURSEMENTS 

15 FOR INDIVIDUALS WHO HAVE NOT ATTAINED 

16 THE AGE OF 25. 

17 (a) PROGRAM FOR AT-RISK SCHOOL CHILDREN.— 

18 Beginning on the date of enactment of this section, not19 withstanding paragraph (1)(A) of section 17(r) of the 

20 Richard B. Russell National School Lunch Act (42 U.S.C. 

21 1766(r)), during the COVID–19 public health emergency 

22 declared under section 319 of the Public Health Service 

23 Act (42 U.S.C. 247d), the Secretary shall reimburse insti24 tutions that are emergency shelters under such section 


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1 17(r) (42 U.S.C. 1766(r)) for meals and supplements 

2 served to individuals who, at the time of such service— 

3 (1) have not attained the age of 25; and 

4 (2) are receiving assistance, including non-resi5 dential assistance, from such emergency shelter. 

6 (b) PARTICIPATION BY EMERGENCY SHELTERS.— 

7 Beginning on the date of enactment of this section, not8 withstanding paragraph (5)(A) of section 17(t) of the 

9 Richard B. Russell National School Lunch Act (42 U.S.C. 

10 1766(t)), during the COVID–19 public health emergency 

11 declared under section 319 of the Public Health Service 

12 Act (42 U.S.C. 247d), the Secretary shall reimburse emer13 gency shelters under such section 17(t) (42 U.S.C. 

14 1766(t)) for meals and supplements served to individuals 

15 who, at the time of such service have not attained the age 

16 of 25. 

17 (c) DEFINITIONS.—In this section: 

18 (1) EMERGENCY SHELTER.—The term ‘‘emer19 gency shelter’’ has the meaning given the term 

20 under section 17(t)(1) of the Richard B. Russell Na21 tional School Lunch Act (42 U.S.C. 1766(t)(1)). 

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

23 the Secretary of Agriculture. 


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1 SEC. 2304. PANDEMIC EBT PROGRAM. 

2 Section 1101 of the Families First Coronavirus Re3 sponse Act (7 U.S.C. 2011 note; Public Law 116–127) 

4 is amended— 

5 (1) in subsection (a)— 

6 (A) by striking ‘‘During fiscal years 2020 

7 and 2021’’ and inserting ‘‘In any school year in 

8 which there is a public health emergency des9 ignation’’; and 

10 (B) by inserting ‘‘or in a covered summer 

11 period following a school session’’ after ‘‘in ses12 sion’’; 

13 (2) in subsection (g), by striking ‘‘During fiscal 

14 year 2020, the’’ and inserting ‘‘The’’; 

15 (3) in subsection (h)(1)— 

16 (A) by inserting ‘‘either’’ after ‘‘at least 1 

17 child enrolled in such a covered child care facil18 ity and’’; and 

19 (B) by inserting ‘‘or a Department of Agri20 culture grant-funded nutrition assistance pro21 gram in the Commonwealth of the Northern 

22 Mariana Islands, Puerto Rico, or American 

23 Samoa’’ before ‘‘shall be eligible to receive as24 sistance’’; 

25 (4) by redesignating subsections (i) and (j) as 

26 subsections (j) and (k), respectively; 


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1 (5) by inserting after subsection (h) the fol2 lowing: 

3 ‘‘(i) EMERGENCIES DURING SUMMER.—The Sec4 retary of Agriculture may permit a State agency to extend 

5 a State agency plan approved under subsection (b) for not 

6 more than 90 days for the purpose of operating the plan 

7 during a covered summer period, during which time 

8 schools participating in the school lunch program under 

9 the Richard B. Russell National School Lunch Act or the 

10 school breakfast program under section 4 of the Child Nu11 trition Act of 1966 (42 U.S.C. 1773) and covered child 

12 care facilities shall be deemed closed for purposes of this 

13 section.’’; 

14 (6) in subsection (j) (as so redesignated)— 

15 (A) by redesignating paragraphs (2) 

16 through (6) as paragraphs (3) through (7), re17 spectively; 

18 (B) by inserting after paragraph (1) the 

19 following: 

20 ‘‘(2) COVERED SUMMER PERIOD.—The term 

21 ‘covered summer period’ means a summer period 

22 that follows a school year during which there was a 

23 public health emergency designation.’’; and 


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1 (C) in paragraph (5) (as so redesignated), 

2 by striking ‘‘or another coronavirus with pan3 demic potential’’; and 

4 (7) in subsection (k) (as so redesignated), by 

5 inserting ‘‘Federal agencies,’’ before ‘‘State agen6 cies’’. 

7 Subtitle E—COBRA Continuation 

8 Coverage 

9 SEC. 2401. PRESERVING HEALTH BENEFITS FOR WORKERS. 

10 (a) PREMIUM ASSISTANCE FOR COBRA CONTINU11 ATION COVERAGE FOR INDIVIDUALS AND THEIR FAMI12 LIES.— 

13 (1) PROVISION OF PREMIUM ASSISTANCE.— 

14 (A) REDUCTION OF PREMIUMS PAY15 ABLE.—In the case of any premium for a pe16 riod of coverage during the period beginning on 

17 the first day of the first month beginning after 

18 the date of the enactment of this Act, and end19 ing on September 30, 2021, for COBRA con20 tinuation coverage with respect to any assist21 ance eligible individual described in paragraph 

22 (3), such individual shall be treated for pur23 poses of any COBRA continuation provision as 

24 having paid the amount of such premium if 

25 such individual pays (or any person other than 


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1 such individual’s employer pays on behalf of 

2 such individual) 15 percent of the amount of 

3 such premium. 

4 (B) PLAN ENROLLMENT OPTION.— 

5 (i) IN GENERAL.—Notwithstanding 

6 the COBRA continuation provisions, any 

7 assistance eligible individual who is en8 rolled in a group health plan offered by a 

9 plan sponsor may, not later than 90 days 

10 after the date of notice of the plan enroll11 ment option described in this subpara12 graph, elect to enroll in coverage under a 

13 plan offered by such plan sponsor that is 

14 different than coverage under the plan in 

15 which such individual was enrolled at the 

16 time, in the case of any assistance eligible 

17 individual described in paragraph (3), the 

18 qualifying event specified in section 603(2) 

19 of the Employee Retirement Income Secu20 rity Act of 1974, section 4980B(f)(3)(B) 

21 of the Internal Revenue Code of 1986, or 

22 section 2203(2) of the Public Health Serv23 ice Act, except for the voluntary termi24 nation of such individual’s employment by 

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1 erage shall be treated as COBRA continu2 ation coverage for purposes of the applica3 ble COBRA continuation coverage provi4 sion. 

5 (ii) REQUIREMENTS.—Any assistance 

6 eligible individual may elect to enroll in 

7 different coverage as described in clause (i) 

8 only if— 

9 (I) the employer involved has 

10 made a determination that such em11 ployer will permit such assistance eli12 gible individual to enroll in different 

13 coverage as provided under this sub14 paragraph; 

15 (II) the premium for such dif16 ferent coverage does not exceed the 

17 premium for coverage in which such 

18 individual was enrolled at the time 

19 such qualifying event occurred; 

20 (III) the different coverage in 

21 which the individual elects to enroll is 

22 coverage that is also offered to simi23 larly situated active employees of the 

24 employer at the time at which such 

25 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 

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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). Such notice shall be provided to the group 

13 health plan in such time and manner as may be 

14 specified by the Secretary of Labor. 

15 (3) ASSISTANCE ELIGIBLE INDIVIDUAL.—For 

16 purposes of this section, the term ‘‘assistance eligible 

17 individual’’ means, with respect to a period of cov18 erage during the period beginning on the first day 

19 of the first month beginning after the date of the en20 actment of this Act, and ending on September 30, 

21 2021, any individual that is a qualified beneficiary 

22 who— 

23 (A) is eligible for COBRA continuation 

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1 ment Income Security Act of 1974, section 

2 4980B(f)(3)(B) of the Internal Revenue Code 

3 of 1986, or section 2203(2) of the Public 

4 Health Service Act, except for the voluntary 

5 termination of such individual’s employment by 

6 such individual; and 

7 (B) elects such coverage. 

8 (4) EXTENSION OF ELECTION PERIOD AND EF9 FECT ON COVERAGE.— 

10 (A) IN GENERAL.—For purposes of apply11 ing section 605(a) of the Employee Retirement 

12 Income Security Act of 1974, section 

13 4980B(f)(5)(A) of the Internal Revenue Code 

14 of 1986, and section 2205(a) of the Public 

15 Health Service Act, in the case of— 

16 (i) an individual who does not have an 

17 election of COBRA continuation coverage 

18 in effect on the first day of the first month 

19 beginning after the date of the enactment 

20 of this Act but who would be an assistance 

21 eligible individual described in paragraph 

22 (3) if such election were so in effect; or 

23 (ii) an individual who elected COBRA 

24 continuation coverage and discontinued 

25 from such coverage before the first day of 


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1 the first month beginning after the date of 

2 the enactment of this Act, 

3 such individual may elect the COBRA continu4 ation coverage under the COBRA continuation 

5 coverage provisions containing such provisions 

6 during the period beginning on the first day of 

7 the first month beginning after the date of the 

8 enactment of this Act and ending 60 days after 

9 the date on which the notification required 

10 under paragraph (6)(C) is provided to such in11 dividual. 

12 (B) COMMENCEMENT OF COBRA CONTINU13 ATION COVERAGE.—Any COBRA continuation 

14 coverage elected by a qualified beneficiary dur15 ing an extended election period under subpara16 graph (A)— 

17 (i) shall commence (including for pur18 poses of applying the treatment of pre19 mium payments under paragraph (1)(A) 

20 and any cost-sharing requirements for 

21 items and services under a group health 

22 plan) with the first period of coverage be23 ginning on or after the first day of the 

24 first month beginning after the date of the 

25 enactment of this Act, and 


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1 (ii) shall not extend beyond the period 

2 of COBRA continuation coverage that 

3 would have been required under the appli4 cable COBRA continuation coverage provi5 sion if the coverage had been elected as re6 quired under such provision. 

7 (5) NOTICES TO INDIVIDUALS.— 

8 (A) GENERAL NOTICE.— 

9 (i) IN GENERAL.—In the case of no10 tices provided under section 606(a)(4) of 

11 the Employee Retirement Income Security 

12 Act of 1974 (29 U.S.C. 1166(4)), section 

13 4980B(f)(6)(D) of the Internal Revenue 

14 Code of 1986, or section 2206(4) of the 

15 Public Health Service Act (42 U.S.C. 

16 300bb–6(4)), with respect to individuals 

17 who, during the period described in para18 graph (3), become entitled to elect COBRA 

19 continuation coverage, the requirements of 

20 such provisions shall not be treated as met 

21 unless such notices include an additional 

22 written notification to the recipient in clear 

23 and understandable language of— 


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1 (I) the availability of premium 

2 assistance with respect to such cov3 erage under this subsection; and 

4 (II) the option to enroll in dif5 ferent coverage if the employer per6 mits assistance eligible individuals de7 scribed in paragraph (3) to elect en8 rollment in different coverage (as de9 scribed in paragraph (1)(B)). 

10 (ii) ALTERNATIVE NOTICE.—In the 

11 case of COBRA continuation coverage to 

12 which the notice provision under such sec13 tions does not apply, the Secretary of 

14 Labor, in consultation with the Secretary 

15 of the Treasury and the Secretary of 

16 Health and Human Services, shall, in con17 sultation with administrators of the group 

18 health plans (or other entities) that provide 

19 or administer the COBRA continuation 

20 coverage involved, provide rules requiring 

21 the provision of such notice. 

22 (iii) FORM.—The requirement of the 

23 additional notification under this subpara24 graph may be met by amendment of exist25 ing notice forms or by inclusion of a sepaVerDate Sep 11 2014 23:55 Mar 02, 2021 Jkt 019200 PO 00000 Frm 00104 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.PCS H1319

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1 rate document with the notice otherwise 

2 required. 

3 (B) SPECIFIC REQUIREMENTS.—Each ad4 ditional notification under subparagraph (A) 

5 shall include— 

6 (i) the forms necessary for estab7 lishing eligibility for premium assistance 

8 under this subsection; 

9 (ii) the name, address, and telephone 

10 number necessary to contact the plan ad11 ministrator and any other person main12 taining relevant information in connection 

13 with such premium assistance; 

14 (iii) a description of the extended elec15 tion period provided for in paragraph 

16 (4)(A); 

17 (iv) a description of the obligation of 

18 the qualified beneficiary under paragraph 

19 (2)(B) and the penalty provided under sec20 tion 6720C of the Internal Revenue Code 

21 of 1986 for failure to carry out the obliga22 tion; 

23 (v) a description, displayed in a 

24 prominent manner, of the qualified bene25 ficiary’s right to a reduced premium and 


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1 any conditions on entitlement to the re2 duced premium; and 

3 (vi) a description of the option of the 

4 qualified beneficiary to enroll in different 

5 coverage if the employer permits such ben6 eficiary to elect to enroll in such different 

7 coverage under paragraph (1)(B). 

8 (C) NOTICE IN CONNECTION WITH EX9 TENDED ELECTION PERIODS.—In the case of 

10 any assistance eligible individual described in 

11 paragraph (3) (or any individual described in 

12 paragraph (4)(A)) who became entitled to elect 

13 COBRA continuation coverage before the first 

14 day of the first month beginning after the date 

15 of the enactment of this Act, the administrator 

16 of the applicable group health plan (or other 

17 entity) shall provide (within 60 days after such 

18 first day of such first month) for the additional 

19 notification required to be provided under sub20 paragraph (A) and failure to provide such no21 tice shall be treated as a failure to meet the no22 tice requirements under the applicable COBRA 

23 continuation provision. 

24 (D) MODEL NOTICES.—Not later than 30 

25 days after the date of enactment of this Act, 


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1 with respect to any assistance eligible individual 

2 described in paragraph (3), the Secretary of 

3 Labor, in consultation with the Secretary of the 

4 Treasury and the Secretary of Health and 

5 Human Services, shall prescribe models for the 

6 additional notification required under this para7 graph. 

8 (6) NOTICE OF EXPIRATION OF PERIOD OF

9 PREMIUM ASSISTANCE.— 

10 (A) IN GENERAL.—With respect to any as11 sistance eligible individual, subject to subpara12 graph (B), the requirements of section 

13 606(a)(4) of the Employee Retirement Income 

14 Security Act of 1974 (29 U.S.C. 1166(4)), sec15 tion 4980B(f)(6)(D) of the Internal Revenue 

16 Code of 1986, or section 2206(4) of the Public 

17 Health Service Act (42 U.S.C. 300bb–6(4)), 

18 shall not be treated as met unless the plan ad19 ministrator of the individual, during the period 

20 specified under subparagraph (C), provides to 

21 such individual a written notice in clear and un22 derstandable language— 

23 (i) that the premium assistance for 

24 such individual will expire soon and the 


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1 prominent identification of the date of 

2 such expiration; and 

3 (ii) that such individual may be eligi4 ble for coverage without any premium as5 sistance through— 

6 (I) COBRA continuation cov7 erage; or 

8 (II) coverage under a group 

9 health plan. 

10 (B) EXCEPTION.—The requirement for the 

11 group health plan administrator to provide the 

12 written notice under subparagraph (A) shall be 

13 waived if the premium assistance for such indi14 vidual expires pursuant to clause (i) of para15 graph (2)(A). 

16 (C) PERIOD SPECIFIED.—For purposes of 

17 subparagraph (A), the period specified in this 

18 subparagraph is, with respect to the date of ex19 piration of premium assistance for any assist20 ance eligible individual pursuant to a limitation 

21 requiring a notice under this paragraph, the pe22 riod beginning on the day that is 45 days before 

23 the date of such expiration and ending on the 

24 day that is 15 days before the date of such ex25 piration. 


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1 (D) MODEL NOTICES.—Not later than 45 

2 days after the date of enactment of this Act, 

3 with respect to any assistance eligible indi4 vidual, the Secretary of Labor, in consultation 

5 with the Secretary of the Treasury and the Sec6 retary of Health and Human Services, shall 

7 prescribe models for the notification required 

8 under this paragraph. 

9 (7) REGULATIONS.—The Secretary of the 

10 Treasury and the Secretary of Labor may jointly 

11 prescribe such regulations or other guidance as may 

12 be necessary or appropriate to carry out the provi13 sions of this subsection, including the prevention of 

14 fraud and abuse under this subsection, except that 

15 the Secretary of Labor and the Secretary of Health 

16 and Human Services may prescribe such regulations 

17 (including interim final regulations) or other guid18 ance as may be necessary or appropriate to carry 

19 out the provisions of paragraphs (5), (6), and (8). 

20 (8) OUTREACH.— 

21 (A) IN GENERAL.—The Secretary of 

22 Labor, in consultation with the Secretary of the 

23 Treasury and the Secretary of Health and 

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1 sistance relating to premium assistance pro2 vided under this subsection. Such outreach shall 

3 target employers, group health plan administra4 tors, public assistance programs, States, insur5 ers, and other entities as determined appro6 priate by such Secretaries. Such outreach shall 

7 include an initial focus on those individuals 

8 electing continuation coverage who are referred 

9 to in paragraph (5)(C). Information on such 

10 premium assistance, including enrollment, shall 

11 also be made available on websites of the De12 partments of Labor, Treasury, and Health and 

13 Human Services. 

14 (B) ENROLLMENT UNDER MEDICARE.— 

15 The Secretary of Health and Human Services 

16 shall provide outreach consisting of public edu17 cation. Such outreach shall target individuals 

18 who lose health insurance coverage. Such out19 reach shall include information regarding en20 rollment for Medicare benefits for purposes of 

21 preventing mistaken delays of such enrollment 

22 by such individuals, including lifetime penalties 

23 for failure of timely enrollment. 

24 (9) 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 (10) 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)— 

18 ‘‘(A) which is subject to the COBRA con19 tinuation provisions contained in— 

20 ‘‘(i) the Internal Revenue Code of 

21 1986, 

22 ‘‘(ii) the Employee Retirement Income 

23 Security Act of 1974, or 

24 ‘‘(iii) the Public Health Service Act, 

25 or 


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1 ‘‘(B) under which some or all of the cov2 erage is not provided by insurance, 

3 the employer maintaining the plan, and 

4 ‘‘(3) in the case of any group health plan not 

5 described in paragraph (1) or (2), the insurer pro6 viding the coverage under the group health plan. 

7 ‘‘(c) LIMITATIONS AND REFUNDABILITY.— 

8 ‘‘(1) CREDIT LIMITED TO CERTAIN EMPLOY9 MENT TAXES.—The credit allowed by subsection (a) 

10 with respect to any calendar quarter shall not exceed 

11 the tax imposed by section 3111(b), or so much of 

12 the taxes imposed under section 3221(a) as are at13 tributable to the rate in effect under section 

14 3111(b), for such calendar quarter (reduced by any 

15 credits allowed against such taxes under sections 

16 3131, 3132, and 3134) on the wages paid with re17 spect to the employment of all employees of the em18 ployer. 

19 ‘‘(2) REFUNDABILITY OF EXCESS CREDIT.— 

20 ‘‘(A) CREDIT IS REFUNDABLE.—If the 

21 amount of the credit under subsection (a) ex22 ceeds the limitation of paragraph (1) for any 

23 calendar quarter, such excess shall be treated 

24 as an overpayment that shall be refunded under 

25 sections 6402(a) and 6413(b). 


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1 ‘‘(B) CREDIT MAY BE ADVANCED.—In an2 ticipation of the credit, including the refundable 

3 portion under subparagraph (A), the credit may 

4 be advanced, according to forms and instruc5 tions provided by the Secretary, up to an 

6 amount calculated under subsection (a) through 

7 the end of the most recent payroll period in the 

8 quarter. 

9 ‘‘(C) TREATMENT OF DEPOSITS.—The 

10 Secretary shall waive any penalty under section 

11 6656 for any failure to make a deposit of the 

12 tax imposed by section 3111(b), or so much of 

13 the taxes imposed under section 3221(a) as are 

14 attributable to the rate in effect under section 

15 3111(b), if the Secretary determines that such 

16 failure was due to the anticipation of the credit 

17 allowed under this section. 

18 ‘‘(D) TREATMENT OF PAYMENTS.—For 

19 purposes of section 1324 of title 31, United 

20 States Code, any amounts due to an employer 

21 under this paragraph shall be treated in the 

22 same manner as a refund due from a credit 

23 provision referred to in subsection (b)(2) of 

24 such section. 


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1 ‘‘(3) OVERSTATEMENTS.—Any overstatement of 

2 the credit to which a person is entitled under this 

3 section (and any amount paid by the Secretary as a 

4 result of such overstatement) shall be treated as an 

5 underpayment by such person of the taxes described 

6 in paragraph (1) and may be assessed and collected 

7 by the Secretary in the same manner as such taxes. 

8 ‘‘(d) GOVERNMENTAL ENTITIES.—For purposes of 

9 this section, the term ‘person’ includes the government of 

10 any State or political subdivision thereof, any Indian tribal 

11 government (as defined in section 139E(c)(1)), any agency 

12 or instrumentality of any of the foregoing, and any agency 

13 or instrumentality of the Government of the United States 

14 that is described in section 501(c)(1) and exempt from 

15 taxation under section 501(a). 

16 ‘‘(e) DENIAL OF DOUBLE BENEFIT.—For purposes 

17 of chapter 1, the gross income of any person allowed a 

18 credit under this section shall be increased for the taxable 

19 year which includes the last day of any calendar quarter 

20 with respect to which such credit is allowed by the amount 

21 of such credit. No credit shall be allowed under this sec22 tion with respect to any amount which is taken into ac23 count as qualified wages under section 2301 of the 

24 CARES Act or section 3134 of this title or as qualified 

25 health plan expenses under section 7001(d) or 7003(d) of 


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1 the Families First Coronavirus Response Act or section 

2 3131 or 3132 of this title. 

3 ‘‘(f) EXTENSION OF LIMITATION ON ASSESSMENT.— 

4 Notwithstanding section 6501, the limitation on the time 

5 period for the assessment of any amount attributable to 

6 a credit claimed under this section shall not expire before 

7 the date that is 5 years after the later of— 

8 ‘‘(1) the date on which the original return 

9 which includes the calendar quarter with respect to 

10 which such credit is determined is filed, or 

11 ‘‘(2) the date on which such return is treated 

12 as filed under section 6501(b)(2). 

13 ‘‘(g) REGULATIONS.—The Secretary shall issue such 

14 regulations, or other guidance, forms, instructions, and 

15 publications, as may be necessary or appropriate to carry 

16 out this section, including— 

17 ‘‘(1) the requirement to report information or 

18 the establishment of other methods for verifying the 

19 correct amounts of reimbursements under this sec20 tion, 

21 ‘‘(2) the application of this section to group 

22 health plans that are multiemployer plans (as de23 fined in section 3(37) of the Employee Retirement 

24 Income Security Act of 1974), 


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1 ‘‘(3) to allow the advance payment of the credit 

2 determined under subsection (a), subject to the limi3 tations provided in this section, based on such infor4 mation as the Secretary shall require, 

5 ‘‘(4) to provide for the reconciliation of such 

6 advance payment with the amount of the credit at 

7 the time of filing the return of tax for the applicable 

8 quarter or taxable year, and 

9 ‘‘(5) allowing the credit to third party payors 

10 (including professional employer organizations, cer11 tified professional employer organizations, or agents 

12 under section 3504).’’. 

13 (B) CLERICAL AMENDMENT.—The table of 

14 sections for subchapter B of chapter 65 of the 

15 Internal Revenue Code of 1986 is amended by 

16 adding at the end the following new item: 

‘‘Sec. 6432. Continuation coverage premium assistance.’’. 

17 (C) EFFECTIVE DATE.—The amendments 

18 made by this paragraph shall apply to pre19 miums to which subsection (a)(1)(A) applies 

20 and wages paid on or after April 1, 2021. 

21 (D) SPECIAL RULE IN CASE OF EMPLOYEE

22 PAYMENT THAT IS NOT REQUIRED UNDER THIS

23 SECTION.— 

24 (i) IN GENERAL.—In the case of an 

25 assistance eligible individual who pays, 


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1 with respect any period of coverage to 

2 which subsection (a)(1)(A) applies, the 

3 amount of the premium for such coverage 

4 that the individual would have (but for this 

5 Act) been required to pay, the person to 

6 whom such payment is payable shall reim7 burse such individual for the amount of 

8 such premium paid in excess of the 

9 amount required to be paid under sub10 section (a)(1)(A). 

11 (ii) CREDIT OF REIMBURSEMENT.—A 

12 person to which clause (i) applies shall be 

13 allowed a credit in the manner provided 

14 under section 6432 of the Internal Rev15 enue Code of 1986 for any payment made 

16 to the employee under such clause. 

17 (iii) PAYMENT OF CREDITS.—Any 

18 person to which clause (i) applies shall 

19 make the payment required under such 

20 clause to the individual not later than 60 

21 days after the date on which such indi22 vidual elects continuation coverage under 

23 subsection (a)(1). 


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1 (2) PENALTY FOR FAILURE TO NOTIFY HEALTH

2 PLAN OF CESSATION OF ELIGIBILITY FOR PREMIUM

3 ASSISTANCE.— 

4 (A) IN GENERAL.—Part I of subchapter B 

5 of chapter 68 of the Internal Revenue Code of 

6 1986 is amended by adding at the end the fol7 lowing new section: 

8 ‘‘SEC. 6720C. PENALTY FOR FAILURE TO NOTIFY HEALTH 

9 PLAN OF CESSATION OF ELIGIBILITY FOR 

10 CONTINUATION COVERAGE PREMIUM ASSIST11 ANCE. 

12 ‘‘(a) IN GENERAL.—Except in the case of a failure 

13 described in subsection (b) or (c), any person required to 

14 notify a group health plan under section 2401(a)(2)(B) 

15 of the American Rescue Plan Act of 2021 who fails to 

16 make such a notification at such time and in such manner 

17 as the Secretary of Labor may require shall pay a penalty 

18 of $250 for each such failure. 

19 ‘‘(b) INTENTIONAL FAILURE.—In the case of any 

20 such failure that is fraudulent, such person shall pay a 

21 penalty equal to the greater of— 

22 ‘‘(1) $250, or 

23 ‘‘(2) 110 percent of the premium assistance 

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1 ican Rescue Plan Act of 2021 after termination of 

2 eligibility under such section. 

3 ‘‘(c) REASONABLE CAUSE EXCEPTION.—No penalty 

4 shall be imposed under this section with respect to any 

5 failure if it is shown that such failure is due to reasonable 

6 cause and not to willful neglect.’’. 

7 (B) CLERICAL AMENDMENT.—The table of 

8 sections of part I of subchapter B of chapter 68 

9 of such Code is amended by adding at the end 

10 the following new item: 

‘‘Sec. 6720C. Penalty for failure to notify health plan of cessation of eligibility 

for continuation coverage premium assistance.’’. 

11 (3) COORDINATION WITH HCTC.— 

12 (A) IN GENERAL.—Section 35(g)(9) of the 

13 Internal Revenue Code of 1986 is amended to 

14 read as follows: 

15 ‘‘(9) CONTINUATION COVERAGE PREMIUM AS16 SISTANCE.—In the case of an assistance eligible in17 dividual who receives premium assistance for con18 tinuation coverage under section 2401(a)(1) of the 

19 American Rescue Plan Act of 2021 for any month 

20 during the taxable year, such individual shall not be 

21 treated as an eligible individual, a certified indi22 vidual, or a qualifying family member for purposes 

23 of this section or section 7527 with respect to such 

24 month.’’. 


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1 (B) EFFECTIVE DATE.—The amendment 

2 made by subparagraph (A) shall apply to tax3 able years ending after the date of the enact4 ment of this Act. 

5 (4) EXCLUSION OF CONTINUATION COVERAGE

6 PREMIUM ASSISTANCE FROM GROSS INCOME.— 

7 (A) IN GENERAL.—Part III of subchapter 

8 B of chapter 1 of the Internal Revenue Code of 

9 1986 is amended by inserting after section 

10 139H the following new section: 

11 ‘‘SEC. 139I. CONTINUATION COVERAGE PREMIUM ASSIST12 ANCE. 

13 ‘‘In the case of an assistance eligible individual (as 

14 defined in subsection (a)(3) of section 2401 of the Amer15 ican Rescue Plan Act of 2021), gross income does not in16 clude any premium assistance provided under subsection 

17 (a)(1) of such section.’’. 

18 (B) CLERICAL AMENDMENT.—The table of 

19 sections for part III of subchapter B of chapter 

20 1 of such Code is amended by inserting after 

21 the item relating to section 139H the following 

22 new item: 

‘‘Sec. 139I. Continuation coverage premium assistance.’’. 

23 (C) EFFECTIVE DATE.—The amendments 

24 made by this paragraph shall apply to taxable 


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1 years ending after the date of the enactment of 

2 this Act. 

3 TITLE III—COMMITTEE ON 

4 ENERGY AND COMMERCE 

5 Subtitle A—Public Health 

6 CHAPTER 1—VACCINES AND 

7 THERAPEUTICS 

8 SEC. 3001. FUNDING FOR COVID–19 VACCINE ACTIVITIES AT 

9 THE CENTERS FOR DISEASE CONTROL AND 

10 PREVENTION. 

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

12 available, there is appropriated to the Secretary of Health 

13 and Human Services (in this subtitle referred to as the 

14 ‘‘Secretary’’) for fiscal year 2021, out of any money in 

15 the Treasury not otherwise appropriated, $7,500,000,000, 

16 to remain available until expended, to carry out activities 

17 to plan, prepare for, promote, distribute, administer, mon18 itor, and track COVID–19 vaccines. 

19 (b) USE OF FUNDS.—The Secretary, acting through 

20 the Director of the Centers for Disease Control and Pre21 vention, and in consultation with other agencies, as appli22 cable, shall, in conducting activities referred to in sub23 section (a)— 

24 (1) conduct activities to enhance, expand, and 

25 improve nationwide COVID–19 vaccine distribution 


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1 and administration, including activities related to 

2 distribution of ancillary medical products and sup3 plies related to vaccines; and 

4 (2) provide technical assistance, guidance, and 

5 support to, and award grants or cooperative agree6 ments to, State, local, Tribal, and territorial public 

7 health departments for enhancement of COVID–19 

8 vaccine distribution and administration capabilities, 

9 including— 

10 (A) the distribution and administration of 

11 vaccines licensed under section 351 of the Pub12 lic Health Service Act (42 U.S.C. 262) or au13 thorized under section 564 of the Federal Food, 

14 Drug, and Cosmetic Act (21 U.S.C. 360bbb–3) 

15 and ancillary medical products and supplies re16 lated to vaccines; 

17 (B) the establishment and expansion, in18 cluding staffing support, of community vaccina19 tion centers, particularly in underserved areas; 

20 (C) the deployment of mobile vaccination 

21 units, particularly in underserved areas; 

22 (D) information technology, data, and re23 porting enhancements, including improvements 

24 necessary to support sharing of data related to 

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1 tems that enhance vaccine safety, effectiveness, 

2 and uptake, particularly among underserved 

3 populations; 

4 (E) facilities enhancements; 

5 (F) communication with the public regard6 ing when, where, and how to receive COVID– 

7 19 vaccines; and 

8 (G) transportation of individuals to facili9 tate vaccinations, including at community vac10 cination centers and mobile vaccination units, 

11 particularly for underserved populations. 

12 SEC. 3002. FUNDING FOR VACCINE CONFIDENCE ACTIVI13 TIES. 

14 In addition to amounts otherwise available, there is 

15 appropriated to the Secretary for fiscal year 2021, out of 

16 any money in the Treasury not otherwise appropriated, 

17 $1,000,000,000, to remain available until expended, to 

18 carry out activities, acting through the Director of the 

19 Centers for Disease Control and Prevention— 

20 (1) to strengthen vaccine confidence in the 

21 United States, including its territories and posses22 sions; 

23 (2) to provide further information and edu24 cation with respect to vaccines licensed under section 

25 351 of the Public Health Service Act (42 U.S.C. 


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1 262) or authorized under section 564 of the Federal 

2 Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb– 

3 3); and 

4 (3) to improve rates of vaccination throughout 

5 the United States, including its territories and pos6 sessions, including through activities described in 

7 section 313 of the Public Health Service Act, as 

8 amended by section 311 of division BB of the Con9 solidated Appropriations Act, 2021 (Public Law 

10 116–260). 

11 SEC. 3003. FUNDING FOR SUPPLY CHAIN FOR COVID–19 

12 VACCINES, THERAPEUTICS, AND MEDICAL 

13 SUPPLIES. 

14 In addition to amounts otherwise available, there is 

15 appropriated to the Secretary for fiscal year 2021, out of 

16 any money in the Treasury not otherwise appropriated, 

17 $6,050,000,000, to remain available until expended, for 

18 necessary expenses with respect to research, development, 

19 manufacturing, production, and the purchase of vaccines, 

20 therapeutics, and ancillary medical products and supplies 

21 to prevent, prepare, or respond to— 

22 (1) SARS–CoV–2 or any viral variant mutating 

23 therefrom with pandemic potential; and 

24 (2) COVID–19 or any disease with potential for 

25 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, $47,800,000,000, 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, including through activities authorized 

17 under section 319(a) of the Public Health Service 

18 Act; 

19 (2) provide technical assistance, guidance, and 

20 support, and award grants or cooperative agree21 ments to State, local, and territorial public health 

22 departments for activities to detect, diagnose, trace, 

23 and monitor SARS–CoV–2 and COVID–19 infec24 tions and related strategies and activities to mitigate 

25 the spread of COVID–19; 


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1 (3) support the development, manufacturing, 

2 procurement, distribution, and administration of 

3 tests to detect or diagnose SARS–CoV–2 and 

4 COVID–19, including through— 

5 (A) support for the development, manufac6 ture, procurement, and distribution of supplies 

7 necessary for administering tests, such as per8 sonal protective equipment; and 

9 (B) support for the acquisition, construc10 tion, alteration, or renovation of non-federally 

11 owned facilities for the production of 

12 diagnostics and ancillary medical supplies where 

13 the Secretary determines that such an invest14 ment is necessary to ensure the production of 

15 sufficient amounts of such supplies. 

16 (4) establish and expand Federal, State, local, 

17 and territorial testing and contact tracing capabili18 ties, including investments in laboratory capacity, 

19 community-based testing sites, and mobile testing 

20 units, particularly in medically underserved areas; 

21 (5) enhance information technology, data mod22 ernization, and reporting, including improvements 

23 necessary to support sharing of data related to pub24 lic health capabilities; 


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1 (6) award grants to, or enter into cooperative 

2 agreements or contracts with, State, local, and terri3 torial public health departments to establish, ex4 pand, and sustain a public health workforce; and 

5 (7) to cover administrative and program sup6 port costs necessary to conduct activities related to 

7 subparagraph (a). 

8 SEC. 3012. FUNDING FOR SARS–COV–2 GENOMIC SEQUENC9 ING AND SURVEILLANCE. 

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

11 available, there is appropriated to the Secretary for fiscal 

12 year 2021 out of any money in the Treasury not otherwise 

13 appropriated, $1,750,000,000, to remain available until 

14 expended, to strengthen and expand activities and work15 force related to genomic sequencing, analytics, and disease 

16 surveillance. 

17 (b) USE OF FUNDS.—From amounts appropriated by 

18 subsection (a), the Secretary, acting through the Director 

19 of the Centers for Disease Control and Prevention, shall— 

20 (1) conduct, expand, and improve activities to 

21 sequence genomes, identify mutations, and survey 

22 the circulation and transmission of viruses and other 

23 organisms, including strains of SARS–CoV–2; 


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1 (2) award grants or cooperative agreements to 

2 State, local, Tribal, or territorial public health de3 partments or public health laboratories— 

4 (A) to increase their capacity to sequence 

5 genomes of circulating strains of viruses and 

6 other organisms, including SARS–CoV–2; 

7 (B) to identify mutations in viruses and 

8 other organisms, including SARS–CoV–2; 

9 (C) to use genomic sequencing to identify 

10 outbreaks and clusters of diseases or infections, 

11 including COVID–19; and 

12 (D) to develop effective disease response 

13 strategies based on genomic sequencing and 

14 surveillance data; 

15 (3) enhance and expand the informatics capa16 bilities of the public health workforce; and 

17 (4) award grants for the construction, alter18 ation, or renovation of facilities to improve genomic 

19 sequencing and surveillance capabilities at the State 

20 and local level. 

21 SEC. 3013. FUNDING FOR GLOBAL HEALTH. 

22 In addition to amounts otherwise available, there is 

23 appropriated to the Secretary for fiscal year 2021, out of 

24 any amounts in the Treasury not otherwise appropriated, 

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1 tivities to be conducted acting through the Director of the 

2 Centers for Disease Control and Prevention to combat 

3 SARS–CoV– 2, COVID–19, and other emerging infectious 

4 disease threats globally, including efforts related to global 

5 health security, global disease detection and response, 

6 global health protection, global immunization, and global 

7 coordination on public health. 

8 SEC. 3014. FUNDING FOR DATA MODERNIZATION AND 

9 FORECASTING CENTER. 

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 $500,000,000, to remain available until expended, for ac14 tivities to be conducted acting through the Director of the 

15 Centers for Disease Control and Prevention to support 

16 public health data surveillance and analytics infrastruc17 ture modernization initiatives at the Centers for Disease 

18 Control and Prevention, and establish, expand, and main19 tain efforts to modernize the United States disease warn20 ing system to forecast and track hotspots for COVID–19, 

21 its variants, and emerging biological threats, including 

22 academic and workforce support for analytics and 

23 informatics infrastructure and data collection systems. 


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1 CHAPTER 3—PUBLIC HEALTH 

2 WORKFORCE 

3 SEC. 3021. FUNDING FOR PUBLIC HEALTH WORKFORCE. 

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

5 available, there is appropriated to the Secretary for fiscal 

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

7 appropriated, $7,660,000,000, to remain available until 

8 expended, to carry out activities related to establishing, 

9 expanding, and sustaining a public health workforce, in10 cluding by making awards to State, local, and territorial 

11 public health departments. 

12 (b) USE OF FUNDS FOR PUBLIC HEALTH DEPART13 MENTS.—Amounts made available to an awardee pursuant 

14 to subsection (a) shall be used for the following: 

15 (1) Costs, including wages and benefits, related 

16 to the recruiting, hiring, and training of individ17 uals— 

18 (A) to serve as case investigators, contact 

19 tracers, social support specialists, community 

20 health workers, public health nurses, disease 

21 intervention specialists, epidemiologists, pro22 gram managers, laboratory personnel, 

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1 quired to prevent, prepare for, and respond to 

2 COVID–19; and 

3 (B) who are employed by— 

4 (i) the State, territorial, or local pub5 lic health department involved; or 

6 (ii) a nonprofit private or public orga7 nization with demonstrated expertise in im8 plementing public health programs and es9 tablished relationships with such State, 

10 territorial, or local public health depart11 ments, particularly in medically under12 served areas. 

13 (2) Personal protective equipment, data man14 agement and other technology, or other necessary 

15 supplies. 

16 (3) Administrative costs and activities necessary 

17 for awardees to implement activities funded under 

18 this section. 

19 (4) Reporting to the Secretary on implementa20 tion of the activities funded under this section. 

21 (5) Subawards from recipients of awards under 

22 subsection (a) to local health departments for the 

23 purposes of the activities funded under this section. 


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1 SEC. 3022. FUNDING FOR MEDICAL RESERVE CORPS. 

2 In addition to amounts otherwise available, there is 

3 appropriated to the Secretary for fiscal year 2021, out of 

4 any money in the Treasury not otherwise appropriated, 

5 $100,000,000, to remain available until expended, for car6 rying out section 2813 of the Public Health Service Act 

7 (42 U.S.C. 300hh–15). 

8 CHAPTER 4—PUBLIC HEALTH 

9 INVESTMENTS 

10 SEC. 3031. FUNDING FOR COMMUNITY HEALTH CENTERS 

11 AND COMMUNITY CARE. 

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

13 available, there is appropriated to the Secretary for fiscal 

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

15 appropriated, $7,600,000,000, to remain available until 

16 expended, for necessary expenses for awarding grants and 

17 cooperative agreements under section 330 of the Public 

18 Health Service Act (42 U.S.C. 254b) to be awarded with19 out regard to the time limitation in subsection (e)(3) and 

20 subsections (e)(6)(A)(iii), (e)(6)(B)(iii), and (r)(2)(B) of 

21 such section 330, and for necessary expenses for awarding 

22 grants to Federally qualified health centers, as described 

23 in section 1861(aa)(4)(B) of the Social Security Act (42 

24 U.S.C.1395x(aa)(4)(B)), and for awarding grants or con25 tracts to Papa Ola Lokahi and to qualified entities under 

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1 provement Act (42 U.S.C. 11703, 11705). Of the total 

2 amount appropriated by the preceding sentence, not less 

3 than $20,000,000 shall be for grants or contracts to Papa 

4 Ola Lokahi and to qualified entities under sections 4 and 

5 6 of the Native Hawaiian Health Care Improvement Act 

6 (42 U.S.C. 11703, 11705). 

7 (b) USE OF FUNDS.—Amounts made available to an 

8 awardee pursuant to subsection (a) shall be used— 

9 (1) to plan, prepare for, promote, distribute, 

10 administer, and track COVID–19 vaccines, and to 

11 carry out other vaccine-related activities; 

12 (2) to detect, diagnose, trace, and monitor 

13 COVID–19 infections and related activities nec14 essary to mitigate the spread of COVID–19, includ15 ing activities related to, and equipment or supplies 

16 purchased for, testing, contact tracing, surveillance, 

17 mitigation, and treatment of COVID–19; 

18 (3) to purchase equipment and supplies to con19 duct mobile testing or vaccinations for COVID–19, 

20 to purchase and maintain mobile vehicles and equip21 ment to conduct such testing or vaccinations, and to 

22 hire and train laboratory personnel and other staff 

23 to conduct such mobile testing or vaccinations, par24 ticularly in medically underserved areas; 


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1 (4) to establish, expand, and sustain the health 

2 care workforce to prevent, prepare for, and respond 

3 to COVID–19, and to carry out other health work4 force-related activities; 

5 (5) to modify, enhance, and expand health care 

6 services and infrastructure; and 

7 (6) to conduct community outreach and edu8 cation activities related to COVID–19. 

9 (c) PAST EXPENDITURES.—An awardee may use 

10 amounts awarded pursuant to subsection (a) to cover the 

11 costs of the awardee carrying out any of the activities de12 scribed in subsection (b) during the period beginning on 

13 the date of the declaration of a public health emergency 

14 by the Secretary under section 319 of the Public Health 

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

16 respect to COVID–19 and ending on the date of such 

17 award. 

18 SEC. 3032. FUNDING FOR NATIONAL HEALTH SERVICE 

19 CORPS. 

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, $800,000,000, to remain available until ex24 pended, for carrying out sections 338A, 338B, and 338I 


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1 of the Public Health Service Act (42 U.S.C. 254l, 254l– 

2 1, 254q–1) with respect to the health workforce. 

3 (b) STATE LOAN REPAYMENT PROGRAMS.— 

4 (1) IN GENERAL.—Of the amount made avail5 able pursuant to subsection (a), $100,000,000 shall 

6 be made available for providing primary health serv7 ices through grants to States under section 338I(a) 

8 of the Public Health Service Act (42 U.S.C. 254q– 

9 1(a)). 

10 (2) CONDITIONS.—With respect to grants de11 scribed in paragraph (1) using funds made available 

12 under such paragraph: 

13 (A) Section 338I(b) of the Public Health 

14 Service Act (42 U.S.C. 254q–1(b)) shall not 

15 apply. 

16 (B) Notwithstanding section 338I(d)(2) of 

17 the Public Health Service Act (42 U.S.C. 254q– 

18 1(d)(2)), not more than 10 percent of an award 

19 to a State from such amounts, may be used by 

20 the State for costs of administering the State 

21 loan repayment program. 

22 SEC. 3033. FUNDING FOR NURSE CORPS. 

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 $200,000,000, to remain available until expended, for car2 rying out section 846 of the Public Health Service Act 

3 (42 U.S.C. 297n). 

4 SEC. 3034. FUNDING FOR TEACHING HEALTH CENTERS 

5 THAT OPERATE GRADUATE MEDICAL EDU6 CATION. 

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

8 available, and notwithstanding the capped amount ref9 erenced in sections 340H(b)(2) and 340H(d)(2) of the 

10 Public Health Service Act (42 U.S.C. 256h(b)(2) and 

11 (d)(2)), there is appropriated to the Secretary for fiscal 

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

13 appropriated, $330,000,000, to remain available until 

14 September 30, 2023, for the program of payments to 

15 teaching health centers that operate graduate medical 

16 education under section 340H of the Public Health Serv17 ice Act (42 U.S.C. 256h) and for teaching health center 

18 development grants authorized under section 749A of the 

19 Public Health Service Act (42 U.S.C. 293l–1). 

20 (b) USE OF FUNDS.—Amounts made available pursu21 ant to subsection (a) shall be used for the following activi22 ties: 

23 (1) For making payments to establish new ap24 proved graduate medical residency training pro25 grams pursuant to section 340H(a)(1)(C) of the 


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1 Public Health Service Act (42 U.S.C. 

2 256h(a)(1)(C)). 

3 (2) To provide an increase to the per resident 

4 amount described in section 340H(a)(2) of the Pub5 lic Health Service Act (42 U.S.C. 256h(a)(2)) of 

6 $10,000. 

7 (3) For making payments under section 

8 340H(a)(1)(A) of the Public Health Service Act (42 

9 U.S.C. 256h(a)(1)(A))) to qualified teaching health 

10 centers for maintenance of filled positions at existing 

11 approved graduate medical residency training pro12 grams. 

13 (4) For making payments under section 

14 340H(a)(1)(B) of the Public Health Service Act (42 

15 U.S.C. 256h(a)(1)(B)) for the expansion of existing 

16 approved graduate medical residency training pro17 grams. 

18 (5) For making awards under section 749A of 

19 the Public Health Service Act (42 U.S.C. 293l–1) to 

20 teaching health centers for the purpose of estab21 lishing new accredited or expanded primary care 

22 residency programs. 

23 (6) To cover administrative costs and activities 

24 necessary for qualified teaching health centers re25 ceiving payments under section 340H of the Public 


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1 Health Service Act (42 U.S.C. 256h) to carry out 

2 activities under such section. 

3 SEC. 3035. FUNDING FOR FAMILY PLANNING. 

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 $50,000,000, to remain available until expended, for nec8 essary expenses for making grants and contracts under 

9 section 1001 of the Public Health Service Act (42 U.S.C. 

10 300). 

11 SEC. 3036. FUNDING FOR OFFICE OF INSPECTOR GENERAL. 

12 In addition to amounts otherwise available, there is 

13 appropriated to the inspector general of the Department 

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

15 of any money in the Treasury not otherwise appropriated, 

16 $5,000,000, to remain available until expended, for over17 sight of activities supported with funds appropriated to 

18 the Department of Health and Human Services to pre19 vent, prepare for, and respond to coronavirus 2019 or 

20 COVID–19, domestically or internationally. 

21 CHAPTER 5—INDIAN HEALTH 

22 SEC. 3041. FUNDING FOR INDIAN HEALTH. 

23 (a) In addition to amounts otherwise available, there 

24 is appropriated to the Secretary for fiscal year 2021, out 

25 of any money in the Treasury not otherwise appropriated, 


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1 $6,094,000,000, to remain available until expended, of 

2 which— 

3 (1) $5,484,000,000 shall be for carrying out 

4 the Act of August 5, 1954 (42 U.S.C. 2001 et seq.) 

5 (commonly referred to as the Transfer Act), the In6 dian Self-Determination and Education Assistance 

7 Act (25 U.S.C. 5301 et seq.), the Indian Health 

8 Care Improvement Act (25 U.S.C. 1601 et seq.), 

9 and titles II and III of the Public Health Service 

10 Act (42 U.S.C. 201 et seq. and 241 et seq.) with re11 spect to the Indian Health Service, of which— 

12 (A) $2,000,000,000 shall be for lost reim13 bursements, in accordance with section 207 of 

14 the Indian Health Care Improvement Act (25 

15 U.S.C. 1621f); 

16 (B) $500,000,000 shall be for the provi17 sion of additional health care services, services 

18 provided through the Purchased/Referred Care 

19 program, and other related activities; 

20 (C) $140,000,000 shall be for information 

21 technology, telehealth infrastructure, and the 

22 Indian Health Service electronic health records 

23 system; 

24 (D) $84,000,000 shall be for maintaining 

25 operations of the Urban Indian health program, 


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1 which shall be in addition to other amounts 

2 made available under this subsection for Urban 

3 Indian organizations (as defined in section 4 of 

4 the Indian Health Care Improvement Act (25 

5 U.S.C. 1603)); 

6 (E) $600,000,000 shall be for necessary 

7 expenses to plan, prepare for, promote, dis8 tribute, administer, and track COVID–19 vac9 cines, for the purposes described in subpara10 graphs (F) and (G), and for other vaccine-re11 lated activities; 

12 (F) $1,500,000,000 shall be for necessary 

13 expenses to detect, diagnose, trace, and monitor 

14 COVID–19 infections, activities necessary to 

15 mitigate the spread of COVID–19, supplies nec16 essary for such activities, for the purposes de17 scribed in subparagraphs (E) and (G), and for 

18 other related activities; 

19 (G) $240,000,000 shall be for necessary 

20 expenses to establish, expand, and sustain a 

21 public health workforce to prevent, prepare for, 

22 and respond to COVID–19, other public health 

23 workforce-related activities, for the purposes de24 scribed in subparagraphs (E) and (F), and for 

25 other related activities; and 


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1 (H) $420,000,000 shall be for necessary 

2 expenses related to mental and behavioral 

3 health prevention and treatment services, for 

4 the purposes described in subparagraph (C) and 

5 paragraph (2) as related to mental and behav6 ioral health, and for other related activities; 

7 (2) $600,000,000 shall be for the lease, pur8 chase, construction, alteration, renovation, or equip9 ping of health facilities to respond to COVID–19, 

10 and for maintenance and improvement projects nec11 essary to respond to COVID–19 under section 7 of 

12 the Act of August 5, 1954 (42 U.S.C. 2004a), the 

13 Indian Self-Determination and Education Assistance 

14 Act (25 U.S.C. 5301 et seq.), the Indian Health 

15 Care Improvement Act (25 U.S.C. 1601 et seq.), 

16 and titles II and III of the Public Health Service 

17 Act (42 U.S.C. 202 et seq.) with respect to the In18 dian Health Service; and 

19 (3) $10,000,000 shall be for carrying out sec20 tion 7 of the Act of August 5, 1954 (42 U.S.C. 

21 2004a) for expenses relating to potable water deliv22 ery. 

23 (b) Funds appropriated by subsection (a) shall be 

24 made available to restore amounts, either directly or 

25 through reimbursement, for obligations for the purposes 


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1 specified in this section that were incurred to prevent, pre2 pare for, and respond to COVID–19 during the period be3 ginning on the date on which the public health emergency 

4 was declared by the Secretary on January 31, 2020, pur5 suant to section 319 of the Public Health Service Act (42 

6 U.S.C. 247d) with respect to COVID–19 and ending on 

7 the date of the enactment of this Act. 

8 (c) Funds made available under subsection (a) to 

9 Tribes and Tribal organizations under the Indian Self-De10 termination and Education Assistance Act (25 U.S.C. 

11 5301 et seq.) shall be available on a one-time basis. Such 

12 non-recurring funds shall not be part of the amount re13 quired by section 106 of the Indian Self-Determination 

14 and Education Assistance Act (25 U.S.C. 5325), and such 

15 funds shall only be used for the purposes identified in this 

16 section. 

17 CHAPTER 6—MENTAL HEALTH AND 

18 SUBSTANCE USE DISORDER 

19 SEC. 3051. FUNDING FOR BLOCK GRANTS FOR COMMUNITY 

20 MENTAL HEALTH SERVICES. 

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 $1,750,000,000, to remain available until expended, for 

25 carrying out subpart I of part B of title XIX of the Public 


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1 Health Service Act (42 U.S.C. 300x et seq.), subpart III 

2 of part B of title XIX of such Act (42 U.S.C. 300x–51 

3 et seq.), and section 505(c) of such Act (42 U.S.C. 290aa– 

4 4(c)) with respect to mental health. Notwithstanding sec5 tion 1952 of the Public Health Service Act (42 U.S.C. 

6 300x–62), any amount awarded to a State out of amounts 

7 appropriated by this section shall be expended by the State 

8 by September 30, 2025. 

9 SEC. 3052. FUNDING FOR BLOCK GRANTS FOR PREVENTION 

10 AND TREATMENT OF SUBSTANCE ABUSE. 

11 In addition to amounts otherwise available, there is 

12 appropriated to the Secretary for fiscal year 2021, out of 

13 any money in the Treasury not otherwise appropriated, 

14 $1,750,000,000, to remain available until expended, for 

15 carrying out subpart II of part B of title XIX of the Public 

16 Health Service Act (42 U.S.C. 300x–21 et seq.), subpart 

17 III of part B of title XIX of such Act (42 U.S.C. 300x– 

18 51 et seq.), section 505(d) of such Act (42 U.S.C. 290aa– 

19 4(d)) with respect to substance abuse, and section 515(d) 

20 of such Act (42 U.S.C. 290bb–21(d)). Notwithstanding 

21 section 1952 of the Public Health Service Act (42 U.S.C. 

22 300x–62), any amount awarded to a State out of amounts 

23 appropriated by this section shall be expended by the State 

24 by September 30, 2025. 


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1 SEC. 3053. FUNDING FOR MENTAL AND BEHAVIORAL 

2 HEALTH TRAINING FOR HEALTH CARE PRO3 FESSIONALS, PARAPROFESSIONALS, AND 

4 PUBLIC SAFETY OFFICERS. 

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, $80,000,000, to remain available until ex9 pended, for the purpose described in subsection (b). 

10 (b) USE OF FUNDING.—The Secretary, acting 

11 through the Administrator of the Health Resources and 

12 Services Administration, shall, taking into consideration 

13 the needs of rural and medically underserved communities, 

14 use amounts appropriated by subsection (a) to award 

15 grants or contracts to health professions schools, academic 

16 health centers, State or local governments, Indian Tribes 

17 and Tribal organizations, or other appropriate public or 

18 private nonprofit entities (or consortia of entities, includ19 ing entities promoting multidisciplinary approaches), to 

20 plan, develop, operate, or participate in health professions 

21 and nursing training activities for health care students, 

22 residents, professionals, paraprofessionals, trainees, and 

23 public safety officers, and employers of such individuals, 

24 in evidence-informed strategies for reducing and address25 ing suicide, burnout, and mental and behavioral health 


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1 conditions (including substance use disorders) among 

2 health care professionals. 

3 SEC. 3054. FUNDING FOR EDUCATION AND AWARENESS 

4 CAMPAIGN ENCOURAGING HEALTHY WORK 

5 CONDITIONS AND USE OF MENTAL AND BE6 HAVIORAL HEALTH SERVICES BY HEALTH 

7 CARE PROFESSIONALS. 

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

9 available, there is appropriated to the Secretary for fiscal 

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

11 appropriated, $20,000,000, to remain available until ex12 pended, for the purpose described in subsection (b). 

13 (b) USE OF FUNDS.—The Secretary, acting through 

14 the Director of the Centers for Disease Control and Pre15 vention and in consultation with the medical professional 

16 community, shall use amounts appropriated by subsection 

17 (a) to carry out a national evidence-based education and 

18 awareness campaign directed at health care professionals 

19 and first responders (such as emergency medical service 

20 providers), and employers of such professionals and first 

21 responders. Such awareness campaign shall— 

22 (1) encourage primary prevention of mental and 

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1 sionals to seek support and treatment for their own 

2 behavioral health concerns; 

3 (2) help such professionals to identify risk fac4 tors in themselves and others and respond to such 

5 risks; 

6 (3) include information on reducing or pre7 venting suicide, substance use disorders, burnout, 

8 and other mental and behavioral health conditions, 

9 and addressing stigma associated with seeking men10 tal and behavioral health support and treatment; 

11 and 

12 (4) consider the needs of rural and medically 

13 underserved communities. 

14 SEC. 3055. FUNDING FOR GRANTS FOR HEALTH CARE PRO15 VIDERS TO PROMOTE MENTAL AND BEHAV16 IORAL HEALTH AMONG THEIR HEALTH PRO17 FESSIONAL WORKFORCE. 

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

19 available, there is appropriated to the Secretary for fiscal 

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

21 appropriated, $40,000,000, to remain available until ex22 pended, for the purpose described in subsection (b). 

23 (b) USE OF FUNDS.—The Secretary, acting through 

24 the Administrator of the Health Resources and Services 

25 Administration, shall, taking into consideration the needs 


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1 of rural and medically underserved communities, use 

2 amounts appropriated by subsection (a) to award grants 

3 or contracts to entities providing health care, including 

4 health care providers associations and Federally qualified 

5 health centers, to establish, enhance, or expand evidence6 informed programs or protocols to promote mental and be7 havioral health among their providers, other personnel, 

8 and members. 

9 SEC. 3056. FUNDING FOR COMMUNITY-BASED FUNDING 

10 FOR LOCAL SUBSTANCE USE DISORDER 

11 SERVICES. 

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

13 available, there is appropriated to the Secretary for fiscal 

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

15 appropriated, $30,000,000, to remain available until ex16 pended, to carry out the purpose described in subsection 

17 (b). 

18 (b) USE OF FUNDS.— 

19 (1) IN GENERAL.—The Secretary, acting 

20 through the Assistant Secretary for Mental Health 

21 and Substance Use and in consultation with the Di22 rector of the Centers for Disease Control and Pre23 vention, shall award grants to support States; local, 

24 Tribal, and territorial governments; Tribal organiza25 tions; nonprofit community-based organizations; and 


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1 primary care and behavioral health organizations to 

2 support community-based overdose prevention pro3 grams, syringe services programs, and other harm 

4 reduction services, with respect to harms of drug 

5 misuse that are exacerbated by the COVID–19 pub6 lic health emergency. 

7 (2) USE OF GRANT FUNDS.—Grant funds 

8 awarded under this section to eligible entities may 

9 be used for preventing and controlling the spread of 

10 infectious diseases and the consequences of such dis11 eases for individuals with substance use disorder, 

12 distributing opioid overdose reversal medication to 

13 individuals at risk of overdose, connecting individ14 uals at risk for, or with, a substance use disorder to 

15 overdose education, counseling, and health edu16 cation, and encouraging such individuals to take 

17 steps to reduce the negative personal and public 

18 health impacts of substance use or misuse. 

19 SEC. 3057. FUNDING FOR COMMUNITY-BASED FUNDING 

20 FOR LOCAL BEHAVIORAL HEALTH NEEDS. 

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

22 available, there is appropriated to the Secretary for fiscal 

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

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1 pended, to carry out the purpose described in subsection 

2 (b). 

3 (b) USE OF FUNDS.— 

4 (1) IN GENERAL.—The Secretary, acting 

5 through the Assistant Secretary for Mental Health 

6 and Substance Use, shall award grants to State, 

7 local, Tribal, and territorial governments, Tribal or8 ganizations, nonprofit community-based entities, and 

9 primary care and behavioral health organizations to 

10 address increased community behavioral health 

11 needs worsened by the COVID–19 public health 

12 emergency. 

13 (2) USE OF GRANT FUNDS.—Grant funds 

14 awarded under this section to eligible entities may 

15 be used for promoting care coordination among local 

16 entities; training the mental and behavioral health 

17 workforce, relevant stakeholders, and community 

18 members; expanding evidence-based integrated mod19 els of care; addressing surge capacity for mental and 

20 behavioral health needs; providing mental and behav21 ioral health services to individuals with mental 

22 health needs (including co-occurring substance use 

23 disorders) as delivered by behavioral and mental 

24 health professionals utilizing telehealth services; and 

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1 havioral health preventive and crisis intervention 

2 services. 

3 SEC. 3058. FUNDING FOR THE NATIONAL CHILD TRAU4 MATIC STRESS NETWORK. 

5 In addition to amounts otherwise available, there is 

6 appropriated to the Secretary for fiscal year 2021, out of 

7 any money in the Treasury not otherwise appropriated, 

8 $10,000,000, to remain available until expended, for car9 rying out section 582 of the Public Health Service Act 

10 (42 U.S.C. 290hh–1) with respect to addressing the prob11 lem of high-risk or medically underserved persons who ex12 perience violence-related stress. 

13 SEC. 3059. FUNDING FOR PROJECT AWARE. 

14 In addition to amounts otherwise available, there is 

15 appropriated to the Secretary for fiscal year 2021, out of 

16 any money in the Treasury not otherwise appropriated, 

17 $30,000,000, to remain available until expended, for car18 rying out section 520A of the Public Health Service Act 

19 (42 U.S.C. 290bb–32) with respect to advancing wellness 

20 and resiliency in education. 

21 SEC. 3059A. FUNDING FOR YOUTH SUICIDE PREVENTION. 

22 In addition to amounts otherwise available, there is 

23 appropriated to the Secretary for fiscal year 2021, out of 

24 any money in the Treasury not otherwise appropriated, 

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1 rying out sections 520E and 520E–2 of the Public Health 

2 Service Act (42 U.S.C. 290bb–36, 290bb–36b). 

3 SEC. 3059B. FUNDING FOR BEHAVIORAL HEALTH WORK4 FORCE EDUCATION AND TRAINING. 

5 In addition to amounts otherwise available, there is 

6 appropriated to the Secretary for fiscal year 2021, out of 

7 any money in the Treasury not otherwise appropriated, 

8 $100,000,000, to remain available until expended, for car9 rying out section 756 of the Public Health Service Act 

10 (42 U.S.C. 294e–1). 

11 CHAPTER 7—EXCHANGE GRANT 

12 PROGRAM 

13 SEC. 3061. ESTABLISHING A GRANT PROGRAM FOR EX14 CHANGE MODERNIZATION. 

15 (a) IN GENERAL.—Out of funds appropriated under 

16 subsection (b), the Secretary shall award grants to each 

17 American Health Benefits Exchange established under 

18 section 1311(b) of the Patient Protection and Affordable 

19 Care Act (42 U.S.C. 18031(b)) (other than an Exchange 

20 established by the Secretary under section 1321(c) of such 

21 Act (42 U.S.C. 18041(c))) that submits to the Secretary 

22 an application at such time and in such manner, and con23 taining such information, as specified by the Secretary, 

24 for purposes of enabling such Exchange to modernize or 

25 update any system, program, or technology utilized by 


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1 such Exchange to ensure such Exchange is compliant with 

2 all applicable requirements. 

3 (b) FUNDING.—There is appropriated, out of any 

4 monies in the Treasury not otherwise obligated, 

5 $20,000,000, to remain available until expended, for car6 rying out this section. 

7 Subtitle B—Medicaid 

8 SEC. 3101. MANDATORY COVERAGE OF COVID–19 VACCINES 

9 AND ADMINISTRATION AND TREATMENT 

10 UNDER MEDICAID. 

11 (a) COVERAGE.— 

12 (1) IN GENERAL.—Section 1905(a)(4) of the 

13 Social Security Act (42 U.S.C. 1396d(a)(4)) is 

14 amended— 

15 (A) by striking ‘‘and (D)’’ and inserting 

16 ‘‘(D)’’; and 

17 (B) by striking the semicolon at the end 

18 and inserting ‘‘; (E) during the period begin19 ning on the date of the enactment of the Amer20 ican Rescue Plan Act of 2021 and ending on 

21 the last day of the first calendar quarter that 

22 begins at least one year after the last day of the 

23 emergency period described in section 

24 1135(g)(1)(B), a COVID–19 vaccine and ad25 ministration of the vaccine; and (F) during the 


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1 period beginning on the date of the enactment 

2 of the American Rescue Plan Act of 2021 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, without regard to the requirements of sec10 tion 1902(a)(10)(B) (relating to comparability), 

11 in the case of an individual who is diagnosed 

12 with or presumed to have COVID–19, during 

13 the period such individual has (or is presumed 

14 to have) COVID–19, the treatment of a condi15 tion that may seriously complicate the treat16 ment of COVID–19, if otherwise covered under 

17 the State plan (or waiver of such plan);’’. 

18 (2) MAKING COVID–19 VACCINE AVAILABLE TO

19 ADDITIONAL ELIGIBILITY GROUPS AND TREATMENT

20 AVAILABLE TO CERTAIN UNINSURED.—Section 

21 1902(a)(10) of such Act (42 U.S.C. 1396a(a)(10)) 

22 is amended in the matter following subparagraph 

23 (G)— 

24 (A) by striking ‘‘and to other conditions 

25 which may complicate pregnancy, (VIII)’’ and 


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1 inserting ‘‘, medical assistance for services re2 lated to other conditions which may complicate 

3 pregnancy, and medical assistance for vaccines 

4 described in section 1905(a)(4)(E) and the ad5 ministration of such vaccines during the period 

6 described in such section, (VIII)’’; 

7 (B) by inserting ‘‘and medical assistance 

8 for vaccines described in section 1905(a)(4)(E) 

9 and the administration of such vaccines during 

10 the period described in such section’’ after ‘‘(de11 scribed in subsection (z)(2))’’; 

12 (C) by striking ‘‘cancer (XV)’’ and insert13 ing ‘‘cancer, (XV)’’; 

14 (D) by inserting ‘‘and medical assistance 

15 for vaccines described in section 1905(a)(4)(E) 

16 and the administration of such vaccines during 

17 the period described in such section’’ after ‘‘de18 scribed in subsection (k)(1)’’; 

19 (E) by inserting ‘‘and medical assistance 

20 for vaccines described in section 1905(a)(4)(E) 

21 and the administration of such vaccines during 

22 the period described in such section’’ after 

23 ‘‘family planning setting’’; 

24 (F) by striking ‘‘and (XVIII)’’ and insert25 ing ‘‘(XVIII)’’; 


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1 (G) by striking ‘‘and any visit described in 

2 section 1916(a)(2)(G) that is furnished during 

3 any such portion’’ and inserting ‘‘, any service 

4 described in section 1916(a)(2)(G) that is fur5 nished during any such portion, any vaccine de6 scribed in section 1905(a)(4)(E) (and the ad7 ministration of such vaccine) that is furnished 

8 during any such portion, and testing and treat9 ments for COVID-19, including specialized 

10 equipment and therapies (including preventive 

11 therapies), and, in the case of an individual who 

12 is diagnosed with or presumed to have COVID– 

13 19, during the period such individual has (or is 

14 presumed to have) COVID–19, the treatment of 

15 a condition that may seriously complicate the 

16 treatment of COVID–19, if otherwise covered 

17 under the State plan (or waiver of such plan)’’; 

18 and 

19 (H) by striking the semicolon at the end 

20 and inserting ‘‘, and (XIX) medical assistance 

21 shall be made available during the period de22 scribed in section 1905(a)(4)(E) for vaccines 

23 described in such section and the administra24 tion of such vaccines, for any individual who is 

25 eligible for and receiving medical assistance 


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1 under the State plan or under a waiver of such 

2 plan (other than an individual who is eligible 

3 for medical assistance consisting only of pay4 ment of premiums pursuant to subparagraph 

5 (E) or (F) or section 1933), notwithstanding 

6 any provision of this title limiting such individ7 ual’s eligibility for medical assistance under 

8 such plan or waiver to coverage for a limited 

9 type of benefits and services that would not oth10 erwise include coverage of a COVID–19 vaccine 

11 and its administration;’’. 

12 (3) PROHIBITION OF COST SHARING.— 

13 (A) IN GENERAL.—Subsections (a)(2) and 

14 (b)(2) of section 1916 of the Social Security 

15 Act (42 U.S.C. 1396o) are each amended— 

16 (i) in subparagraph (F), by striking 

17 ‘‘or’’ at the end; 

18 (ii) in subparagraph (G), by striking 

19 ‘‘; and’’; and 

20 (iii) by adding at the end the fol21 lowing subparagraphs: 

22 ‘‘(H) during the period beginning on the 

23 date of the enactment of this subparagraph and 

24 ending on the last day of the first calendar 

25 quarter that begins at least one year after the 


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1 last day of the emergency period described in 

2 section 1135(g)(1)(B), a COVID–19 vaccine 

3 and the administration of such vaccine (for any 

4 individual eligible for medical assistance for 

5 such vaccine (and administration)); or 

6 ‘‘(I) during the period beginning on the 

7 date of the enactment of this subparagraph and 

8 ending on the last day of the first calendar 

9 quarter that begins at least one year after the 

10 last day of the emergency period described in 

11 section 1135(g)(1)(B), testing and treatments 

12 for COVID-19, including specialized equipment 

13 and therapies (including preventive therapies), 

14 and, in the case of an individual who is diag15 nosed with or presumed to have COVID–19, 

16 during the period during which such individual 

17 has (or is presumed to have) COVID–19, the 

18 treatment of a condition that may seriously 

19 complicate the treatment of COVID–19, if oth20 erwise covered under the State plan (or waiver 

21 of such plan); and’’. 

22 (B) APPLICATION TO ALTERNATIVE COST

23 SHARING.—Section 1916A(b)(3)(B) of the So24 cial Security Act (42 U.S.C. 1396o–1(b)(3)(B)) 

25 is amended— 


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1 (i) in clause (xi), by striking ‘‘any 

2 visit’’ and inserting ‘‘any service’’; and 

3 (ii) by adding at the end the following 

4 clauses: 

5 ‘‘(xii) During the period beginning on 

6 the date of the enactment of this clause 

7 and ending on the last day of the first cal8 endar quarter that begins at least one year 

9 after the last day of the emergency period 

10 described in section 1135(g)(1)(B), a 

11 COVID–19 vaccine and the administration 

12 of such vaccine (for any individual eligible 

13 for medical assistance for such vaccine 

14 (and administration)). 

15 ‘‘(xiii) During the period beginning on 

16 the date of the enactment of this clause 

17 and ending on the last day of the first cal18 endar quarter that begins at least one year 

19 after the last day of the emergency period 

20 described in section 1135(g)(1)(B), testing 

21 and treatments for COVID-19, including 

22 specialized equipment and therapies (in23 cluding preventive therapies), and, in the 

24 case of an individual who is diagnosed with 

25 or presumed to have COVID–19, during 


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1 the period during which such individual 

2 has (or is presumed to have) COVID–19, 

3 the treatment of a condition that may seri4 ously complicate the treatment of COVID– 

5 19, if otherwise covered under the State 

6 plan (or waiver of such plan).’’. 

7 (4) INCLUSION IN THE MEDICAID DRUG RE8 BATE PROGRAM OF COVERED OUTPATIENT DRUGS

9 USED FOR COVID–19 TREATMENT.— 

10 (A) IN GENERAL.—The requirements of 

11 section 1927 of the Social Security Act (42 

12 U.S.C. 1396r–8) shall apply to any drug or bio13 logical product to which subparagraph (F) of 

14 section 1905(a)(4) of such Act, as added by 

15 paragraph (1), applies or to which the sub16 clause (XVIII) in the matter following subpara17 graph (G) of section 1902(a)(10) of such Act, 

18 as added by paragraph (2), applies that is— 

19 (i) furnished as medical assistance in 

20 accordance with such subparagraph (F) or 

21 subclause (XVIII) and section 

22 1902(a)(10)(A) of such Act, as applicable, 

23 for the treatment, or prevention, of 

24 COVID-19, as described in such subpara25 graph or subclause, respectively; and 


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1 (ii) a covered outpatient drug (as de2 fined in section 1927(k) of such Act, ex3 cept that, in applying paragraph (2)(A) of 

4 such section to a drug to which such sub5 paragraph (F) or such subclause (XVIII) 

6 applies, such drug shall be deemed a pre7 scribed drug for purposes of section 

8 1905(a)(12) of such Act). 

9 (B) CONFORMING AMENDMENT.—Section 

10 1927(d)(7) of the Social Security Act (42 

11 U.S.C. 1396r–8(d)(7)) is amended by adding at 

12 the end the following new subparagraph: 

13 ‘‘(E) Drugs and biological products to 

14 which section 1905(a)(4)(F) and subclause 

15 (XVIII) in the matter following subparagraph 

16 (G) of section 1902(a)(10) apply that are fur17 nished as medical assistance in accordance with 

18 such section or clause, respectively, for the 

19 treatment or prevention, of COVID–19, as de20 scribed in such subparagraph of subclause, re21 spectively, and section 1902(a)(10)(A).’’. 

22 (5) ALTERNATIVE BENEFIT PLANS.—Section 

23 1937(b) of the Social Security Act (42 U.S.C. 

24 1396u–7(b)) is amended by adding at the end the 

25 following new paragraph: 


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1 ‘‘(8) COVID–19 VACCINES, TESTING, AND

2 TREATMENT.—Notwithstanding the previous provi3 sions of this section, a State may not provide for 

4 medical assistance through enrollment of an indi5 vidual with benchmark coverage or benchmark-equiv6 alent coverage under this section unless, during the 

7 period beginning on the date of the enactment of the 

8 American Rescue Plan Act of 2021 and ending on 

9 the last day of the first calendar quarter that begins 

10 at least one year after the last day of the emergency 

11 period described in section 1135(g)(1)(B), such cov12 erage includes (and does not impose any deduction, 

13 cost sharing, or similar charge for)— 

14 ‘‘(A) COVID–19 vaccines and administra15 tion of the vaccines; and 

16 ‘‘(B) testing and treatments for COVID17 19, including specialized equipment and thera18 pies (including preventive therapies), and, in 

19 the case of such an individual who is diagnosed 

20 with or presumed to have COVID–19, during 

21 the period such individual has (or is presumed 

22 to have) COVID–19, the treatment of a condi23 tion that may seriously complicate the treat24 ment of COVID–19, if otherwise covered under 

25 the State plan (or waiver of such plan).’’. 


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1 (b) TEMPORARY INCREASE IN FEDERAL PAYMENTS

2 FOR COVERAGE AND ADMINISTRATION OF COVID–19 

3 VACCINES.—Section 1905 of the Social Security Act (42 

4 U.S.C. 1396d) is amended— 

5 (1) in subsection (b), by striking ‘‘and (ff)’’ and 

6 inserting ‘‘(ff), and (hh)’’; 

7 (2) in subsection (ff), in the matter preceding 

8 paragraph (1), by inserting ‘‘, subject to subsection 

9 (hh)’’ after ‘‘or (z)(2)’’ and 

10 (3) by adding at the end the following new sub11 section: 

12 ‘‘(hh) TEMPORARY INCREASED FMAP FOR MEDICAL

13 ASSISTANCE FOR COVERAGE AND ADMINISTRATION OF

14 COVID–19 VACCINES.— 

15 ‘‘(1) IN GENERAL.—Notwithstanding any other 

16 provision of this title, during the period described in 

17 paragraph (2), the Federal medical assistance per18 centage for a State, with respect to amounts ex19 pended by the State for medical assistance for a vac20 cine described in subsection (a)(4)(E) (and the ad21 ministration of such a vaccine), shall be equal to 100 

22 percent. 

23 ‘‘(2) PERIOD DESCRIBED.—The period de24 scribed in this paragraph is the period that— 


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1 ‘‘(A) begins on the first day of the first 

2 quarter beginning after the date of the enact3 ment of this subsection; and 

4 ‘‘(B) ends on the last day of the first quar5 ter that begins at least one year after the last 

6 day of the emergency period described in sec7 tion 1135(g)(1)(B). 

8 ‘‘(3) EXCLUSION OF EXPENDITURES FROM TER9 RITORIAL CAPS.—Any payment made to a territory 

10 for expenditures for medical assistance under sub11 section (a)(4)(E) that are subject to the Federal 

12 medical assistance percentage specified under para13 graph (1) shall not be taken into account for pur14 poses of applying payment limits under subsections 

15 (f) and (g) of section 1108.’’. 

16 SEC. 3102. MODIFICATIONS TO CERTAIN COVERAGE UNDER 

17 MEDICAID FOR PREGNANT AND 

18 POSTPARTUM WOMEN. 

19 (a) STATE OPTION.—Section 1902(e) of the Social 

20 Security Act (42 U.S.C. 1396a(e)) is amended by adding 

21 at the end the following new paragraph: 

22 ‘‘(16) EXTENDING CERTAIN COVERAGE FOR

23 PREGNANT AND POSTPARTUM WOMEN.— 

24 ‘‘(A) IN GENERAL.—At the option of the 

25 State, the State plan (or waiver of such State 


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1 plan) may provide, that an individual who, 

2 while pregnant, is eligible for and has received 

3 medical assistance under the State plan ap4 proved under this title (or a waiver of such 

5 plan) (including during a period of retroactive 

6 eligibility under subsection (a)(34)) shall, in ad7 dition to remaining eligible under paragraph (5) 

8 for all pregnancy-related and postpartum med9 ical assistance available under the State plan 

10 (or waiver) through the last day of the month 

11 in which the 60-day period (beginning on the 

12 last day of her pregnancy) ends, remain eligible 

13 under the State plan (or waiver) for medical as14 sistance for the period beginning on the first 

15 day occurring after the end of such 60-day pe16 riod and ending on the last day of the month 

17 in which the 12-month period (beginning on the 

18 last day of her pregnancy) ends. 

19 ‘‘(B) FULL BENEFITS DURING PREGNANCY

20 AND THROUGHOUT THE 12-MONTH

21 POSTPARTUM PERIOD.—The medical assistance 

22 provided for a pregnant or postpartum indi23 vidual by a State making an election under this 

24 paragraph, without regard to the basis on which 


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1 the individual is eligible for medical assistance 

2 under the State plan (or waiver), shall— 

3 ‘‘(i) include all items and services cov4 ered under the State plan (or waiver) that 

5 are not less in amount, duration, or scope, 

6 or are determined by the Secretary to be 

7 substantially equivalent, to the medical as8 sistance available for an individual de9 scribed in subsection (a)(10)(A)(i); and 

10 ‘‘(ii) be provided for the individual 

11 while pregnant and during the 12-month 

12 period that begins on the last day of the 

13 individual’s pregnancy and ends on the last 

14 day of the month in which such 12-month 

15 period ends. 

16 ‘‘(C) COVERAGE UNDER CHIP.—A State 

17 making an election under this paragraph that 

18 covers under title XXI child health assistance 

19 for targeted low-income children who are preg20 nant or targeted low-income pregnant women, 

21 as applicable, shall also make the election under 

22 section 2107(e)(1)(J) of such title.’’. 

23 (b) EFFECTIVE DATE.—The amendment made by 

24 subsection (a) shall apply with respect to State elections 

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1 cial Security Act (42 U.S.C. 1396a(e)), as added by sub2 section (a), during the 7-year period beginning on the 1st 

3 day of the 1st fiscal year quarter that begins at least one 

4 year after the date of the enactment of this Act. 

5 SEC. 3103. STATE OPTION TO PROVIDE QUALIFYING COM6 MUNITY-BASED MOBILE CRISIS INTERVEN7 TION SERVICES. 

8 Title XIX of the Social Security Act is amended by 

9 adding after section 1946 (42 U.S.C 1396w–5) the fol10 lowing new section: 

11 ‘‘SEC. 1947. STATE OPTION TO PROVIDE QUALIFYING COM12 MUNITY-BASED MOBILE CRISIS INTERVEN13 TION SERVICES. 

14 ‘‘(a) IN GENERAL.—Notwithstanding section 

15 1902(a)(1) (relating to Statewideness), section 

16 1902(a)(10)(B) (relating to comparability), section 

17 1902(a)(23)(A) (relating to freedom of choice of pro18 viders), or section 1902(a)(27) (relating to provider agree19 ments), a State may, during the 5-year period beginning 

20 on the first day of the first fiscal year quarter that begins 

21 on or after the date that is 1 year after the date of the 

22 enactment of this section, provide medical assistance for 

23 qualifying community-based mobile crisis intervention 

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1 proved under section 1115 or subsection (b) or (c) of sec2 tion 1915. 

3 ‘‘(b) QUALIFYING COMMUNITY-BASED MOBILE CRI4 SIS INTERVENTION SERVICES DEFINED.—For purposes 

5 of this section, the term ‘qualifying community-based mo6 bile crisis intervention services’ means, with respect to a 

7 State, items and services for which medical assistance is 

8 available under the State plan under this title or a waiver 

9 of such plan, that are— 

10 ‘‘(1) furnished to an individual otherwise eligi11 ble for medical assistance under the State plan (or 

12 waiver of such plan) who is— 

13 ‘‘(A) outside of a hospital or other facility 

14 setting; and 

15 ‘‘(B) experiencing a mental health or sub16 stance use disorder crisis; 

17 ‘‘(2) furnished by a multidisciplinary mobile cri18 sis team— 

19 ‘‘(A) that includes at least 1 behavioral 

20 health care professional who is capable of con21 ducting an assessment of the individual, in ac22 cordance with the professional’s permitted scope 

23 of practice under State law, and other profes24 sionals or paraprofessionals with appropriate 

25 expertise in behavioral health or mental health 


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1 crisis response, including nurses, social workers, 

2 peer support specialists, and others, as des3 ignated by the State through a State plan 

4 amendment (or waiver of such plan); 

5 ‘‘(B) whose members are trained in trau6 ma-informed care, de-escalation strategies, and 

7 harm reduction; 

8 ‘‘(C) that is able to respond in a timely 

9 manner and, where appropriate, provide— 

10 ‘‘(i) screening and assessment; 

11 ‘‘(ii) stabilization and de-escalation; 

12 and 

13 ‘‘(iii) coordination with, and referrals 

14 to, health services as needed; 

15 ‘‘(D) that maintains relationships with rel16 evant community partners, including medical 

17 and behavioral health providers, primary care 

18 providers, community health centers, crisis res19 pite centers, and managed care organizations (if 

20 applicable); 

21 ‘‘(E) that maintains the privacy and con22 fidentiality of patient information consistent 

23 with Federal and State requirements; and 

24 ‘‘(3) available 24 hours per day, every day of 

25 the year. 


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1 ‘‘(c) PAYMENTS.—Notwithstanding section 1905(b) 

2 or 1905(ff) and subject to subsections (y) and (z) of sec3 tion 1905, during each of the first 12 fiscal quarters oc4 curring during the period described in subsection (a) that 

5 a State meets the requirements described in subsection 

6 (d), the Federal medical assistance percentage applicable 

7 to amounts expended by the State for medical assistance 

8 for qualifying community-based mobile crisis intervention 

9 services furnished during such quarter shall be equal to 

10 85 percent. In no case shall the application of the previous 

11 sentence result in the Federal medical assistance percent12 age applicable to amounts expended by a State for medical 

13 assistance for such qualifying community-based mobile cri14 sis intervention services furnished during a quarter being 

15 less than the Federal medical assistance percentage that 

16 would apply to such amounts expended by the State for 

17 such services furnished during such quarter without appli18 cation of the previous sentence. 

19 ‘‘(d) REQUIREMENTS.—The requirements described 

20 in this paragraph are the following: 

21 ‘‘(1) The State demonstrates, to the satisfaction 

22 of the Secretary that it will be able to support the 

23 provision of qualifying community-based mobile cri24 sis intervention services that meet the conditions 

25 specified in subsection (b). 


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1 ‘‘(2) The State provides assurances satisfactory 

2 to the Secretary that— 

3 ‘‘(A) any additional Federal funds received 

4 by the State for qualifying community-based 

5 mobile crisis intervention services provided 

6 under this section that are attributable to the 

7 increased Federal medical assistance percentage 

8 under subsection (c) will be used to supplement, 

9 and not supplant, the level of State funds ex10 pended for such services for the fiscal year pre11 ceding the first fiscal quarter occurring during 

12 the period described in subsection (a); 

13 ‘‘(B) if the State made qualifying commu14 nity-based mobile crisis intervention services 

15 available in a region of the State in such fiscal 

16 year, the State will continue to make such serv17 ices available in such region under this section 

18 during each month occurring during the period 

19 described in subsection (a) for which the Fed20 eral medical assistance percentage under sub21 section (c) is applicable with respect to the 

22 State. 

23 ‘‘(e) FUNDING FOR STATE PLANNING GRANTS.— 

24 There is appropriated, out of any funds in the Treasury 

25 not otherwise appropriated, $15,000,000 to the Secretary 


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1 for purposes of implementing, administering, and making 

2 planning grants to States as soon as practicable for pur3 poses of developing a State plan amendment or section 

4 1115, 1915(b), or 1915(c) waiver request (or an amend5 ment to such a waiver) to provide qualifying community6 based mobile crisis intervention services under this section, 

7 to remain available until expended.’’. 

8 SEC. 3104. TEMPORARY INCREASE IN FMAP FOR MEDICAL 

9 ASSISTANCE UNDER STATE MEDICAID PLANS 

10 WHICH BEGIN TO EXPEND AMOUNTS FOR 

11 CERTAIN MANDATORY INDIVIDUALS. 

12 Section 1905 of the Social Security Act (42 U.S.C. 

13 1396d), as amended by section 3101 of this subtitle, is 

14 further amended— 

15 (1) in subsection (b), in the first sentence, by 

16 striking ‘‘and (hh)’’ and inserting ‘‘(hh), and (ii)’’; 

17 (2) in subsection (ff), by striking ‘‘subject to 

18 subsection (hh)’’ and inserting ‘‘subject to sub19 sections (hh) and (ii)’’; and 

20 (3) by adding at the end the following new sub21 section: 

22 ‘‘(ii) TEMPORARY INCREASE IN FMAP FOR MEDICAL

23 ASSISTANCE UNDER STATE MEDICAID PLANS WHICH

24 BEGIN TO EXPEND AMOUNTS FOR CERTAIN MANDATORY

25 INDIVIDUALS.— 


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1 ‘‘(1) IN GENERAL.—For each quarter occurring 

2 during the 8-quarter period beginning with the first 

3 calendar quarter during which a qualifying State (as 

4 defined in paragraph (3)) expends amounts for all 

5 individuals described in section 

6 1902(a)(10)(A)(i)(VIII) under the State plan (or 

7 waiver of such plan), the Federal medical assistance 

8 percentage determined under subsection (b) for such 

9 State shall, after application of any increase, if ap10 plicable, under section 6008 of the Families First 

11 Coronavirus Response Act, be increased by 5 per12 centage points, except for any quarter (and each 

13 subsequent quarter) during such period during 

14 which the State ceases to provide medical assistance 

15 to any such individual under the State plan (or 

16 waiver of such plan). 

17 ‘‘(2) SPECIAL APPLICATION RULES.—Any in18 crease described in paragraph (1) (or payment made 

19 for expenditures on medical assistance that are sub20 ject to such increase)— 

21 ‘‘(A) shall not apply with respect to dis22 proportionate share hospital payments described 

23 in section 1923; 


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1 ‘‘(B) shall not be taken into account in cal2 culating the enhanced FMAP of a State under 

3 section 2105; 

4 ‘‘(C) shall not be taken into account for 

5 purposes of part A, D, or E of title IV; and 

6 ‘‘(D) shall not be taken into account for 

7 purposes of applying payment limits under sub8 sections (f) and (g) of section 1108. 

9 ‘‘(3) DEFINITION.—For purposes of this sub10 section, the term ‘qualifying State’ means a State 

11 which has not expended amounts for all individuals 

12 described in section 1902(a)(10)(A)(i)(VIII) before 

13 the date of the enactment of this subsection.’’. 

14 SEC. 3105. EXTENSION OF 100 PERCENT FEDERAL MEDICAL 

15 ASSISTANCE PERCENTAGE TO URBAN INDIAN 

16 HEALTH ORGANIZATIONS AND NATIVE HA17 WAIIAN HEALTH CARE SYSTEMS. 

18 Section 1905(b) of the Social Security Act (42 U.S.C. 

19 1396d(b)) is amended by inserting after ‘‘(as defined in 

20 section 4 of the Indian Health Care Improvement Act)’’ 

21 the following: ‘‘; for the 8 fiscal year quarters beginning 

22 with the first fiscal year quarter beginning after the date 

23 of the enactment of the American Rescue Plan Act of 

24 2021, the Federal medical assistance percentage shall also 

25 be 100 per centum with respect to amounts expended as 


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1 medical assistance for services which are received through 

2 an Urban Indian organization (as defined in paragraph 

3 (29) of section 4 of the Indian Health Care Improvement 

4 Act) that has a grant or contract with the Indian Health 

5 Service under title V of such Act; and, for such 8 fiscal 

6 year quarters, the Federal medical assistance percentage 

7 shall also be 100 per centum with respect to amounts ex8 pended as medical assistance for services which are re9 ceived through a Native Hawaiian Health Center (as de10 fined in section 12(4) of the Native Hawaiian Health Care 

11 Improvement Act) or a qualified entity (as defined in sec12 tion 6(b) of such Act) that has a grant or contract with 

13 the Papa Ola Lokahi under section 8 of such Act’’. 

14 SEC. 3106. SUNSET OF LIMIT ON MAXIMUM REBATE 

15 AMOUNT FOR SINGLE SOURCE DRUGS AND 

16 INNOVATOR MULTIPLE SOURCE DRUGS. 

17 Section 1927(c)(2)(D) of the Social Security Act (42 

18 U.S.C. 1396r–8(c)(2)(D)) is amended by inserting after 

19 ‘‘December 31, 2009,’’ the following: ‘‘and before January 

20 1, 2023,’’. 

21 SEC. 3107. ADDITIONAL SUPPORT FOR MEDICAID HOME 

22 AND COMMUNITY-BASED SERVICES DURING 

23 THE COVID–19 EMERGENCY. 

24 (a) INCREASED FMAP.— 


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1 (1) IN GENERAL.—Notwithstanding section 

2 1905(b) of the Social Security Act (42 U.S.C. 

3 1396d(b)) or section 1905(ff), in the case of a State 

4 that meets the HCBS program requirements under 

5 subsection (b), the Federal medical assistance per6 centage determined for the State under section 

7 1905(b) of such Act (or, if applicable, under section 

8 1905(ff)) and, if applicable, increased under sub9 section (y), (z), (aa), or (ii) of section 1905 of such 

10 Act (42 U.S.C. 1396d), section 1915(k) of such Act 

11 (42 U.S.C. 1396n(k)), or section 6008(a) of the 

12 Families First Coronavirus Response Act (Public 

13 Law 116–127), shall be increased by 7.35 percent14 age points with respect to expenditures of the State 

15 under the State Medicaid program for home and 

16 community-based services (as defined in paragraph 

17 (2)(B)) that are provided during the HCBS program 

18 improvement period (as defined in paragraph 

19 (2)(A)). In no case may the application of the pre20 vious sentence result in the Federal medical assist21 ance percentage determined for a State being more 

22 than 95 percent with respect to such expenditures. 

23 Any payment made to Puerto Rico, the Virgin Is24 lands, Guam, the Northern Mariana Islands, or 

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1 ance that are subject to the Federal medical assist2 ance percentage increase specified under the first 

3 sentence of this paragraph shall not be taken into 

4 account for purposes of applying payment limits 

5 under subsections (f) and (g) of section 1108 of the 

6 Social Security Act (42 U.S.C. 1308). 

7 (2) DEFINITIONS.—In this section: 

8 (A) HCBS PROGRAM IMPROVEMENT PE9 RIOD.—The term ‘‘HCBS program improve10 ment period’’ means, with respect to a State, 

11 the period— 

12 (i) beginning on April 1, 2021; and 

13 (ii) ending on March 31, 2022. 

14 (B) HOME AND COMMUNITY-BASED SERV15 ICES.—The term ‘‘home and community-based 

16 services’’ means any of the following: 

17 (i) Home health care services author18 ized under paragraph (7) of section 

19 1905(a) of the Social Security Act (42 

20 U.S.C. 1396d(a)). 

21 (ii) Personal care services authorized 

22 under paragraph (24) of such section. 

23 (iii) PACE services authorized under 

24 paragraph (26) of such section. 


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1 (iv) Home and community-based serv2 ices authorized under subsections (b), (c), 

3 (i), (j), and (k) of section 1915 of such Act 

4 (42 U.S.C. 1396n), such services author5 ized under a waiver under section 1115 of 

6 such Act (42 U.S.C. 1315), and such serv7 ices through coverage authorized under 

8 section 1937 of such Act (42 U.S.C. 

9 1396u–7). 

10 (v) Case management services author11 ized under section 1905(a)(19) of the So12 cial Security Act (42 U.S.C. 1396d(a)(19)) 

13 and section 1915(g) of such Act (42 

14 U.S.C. 1396n(g)). 

15 (vi) Rehabilitative services, including 

16 those related to behavioral health, de17 scribed in section 1905(a)(13) of such Act 

18 (42 U.S.C. 1396d(a)(13)). 

19 (vii) Such other services specified by 

20 the Secretary of Health and Human Serv21 ices. 

22 (C) ELIGIBLE INDIVIDUAL.—The term ‘‘el23 igible individual’’ means an individual who is el24 igible for and enrolled for medical assistance 

25 under a State Medicaid program and includes 


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1 an individual who becomes eligible for medical 

2 assistance under a State Medicaid program 

3 when removed from a waiting list. 

4 (D) MEDICAID PROGRAM.—The term 

5 ‘‘Medicaid program’’ means, with respect to a 

6 State, the State program under title XIX of the 

7 Social Security Act (42 U.S.C. 1396 et seq.) 

8 (including any waiver or demonstration under 

9 such title or under section 1115 of such Act (42 

10 U.S.C. 1315) relating to such title). 

11 (E) STATE.—The term ‘‘State’’ has the 

12 meaning given such term for purposes of title 

13 XIX of the Social Security Act (42 U.S.C. 1396 

14 et seq.). 

15 (b) STATE REQUIREMENTS FOR FMAP INCREASE.— 

16 As conditions for receipt of the increase under subsection 

17 (a) to the Federal medical assistance percentage deter18 mined for a State, the State shall meet each of the fol19 lowing requirements (referred to in subsection (a) as the 

20 HCBS program requirements): 

21 (1) SUPPLEMENT, NOT SUPPLANT.—The State 

22 shall use the Federal funds attributable to the in23 crease under subsection (a) to supplement, and not 

24 supplant, the level of State funds expended for home 


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1 and community-based services for eligible individuals 

2 through programs in effect as of April 1, 2021. 

3 (2) REQUIRED IMPLEMENTATION OF CERTAIN

4 ACTIVITIES.—The State shall implement, or supple5 ment the implementation of, one or more activities 

6 to enhance, expand, or strengthen home and commu7 nity-based services under the State Medicaid pro8 gram. 

9 SEC. 3108. FUNDING FOR STATE STRIKE TEAMS FOR RESI10 DENT AND EMPLOYEE SAFETY IN NURSING 

11 FACILITIES. 

12 Section 1919 of the Social Security Act (42 U.S.C. 

13 1396r) is amended by adding at the end the following new 

14 subsection: 

15 ‘‘(k) FUNDING FOR STATE STRIKE TEAMS.—In addi16 tion to amounts otherwise available, there is appropriated 

17 to the Secretary, out of any monies in the Treasury not 

18 otherwise appropriated, $250,000,000, to remain available 

19 until expended, for purposes of allocating such amount 

20 among the States (including the District of Columbia and 

21 each territory of the United States) for such a State to 

22 establish and implement a strike team that will be de23 ployed to a nursing facility in the State with diagnosed 

24 or suspected cases of COVID–19 among residents or staff 

25 for the purposes of assisting with clinical care, infection 


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1 control, or staffing during the emergency period described 

2 in section 1135(g)(1)(B).’’. 

3 SEC. 3109. SPECIAL RULE FOR THE PERIOD OF A DE4 CLARED PUBLIC HEALTH EMERGENCY RE5 LATED TO CORONAVIRUS. 

6 (a) IN GENERAL.—Section 1923(f)(3) of the Social 

7 Security Act (42 U.S.C. 1396r-4(f)(3)) is amended— 

8 (1) in subparagraph (A), by striking ‘‘subpara9 graph (E)’’ and inserting ‘‘subparagraphs (E) and 

10 (F)’’ ; and 

11 (2) by adding at the end the following new sub12 paragraph: 

13 ‘‘(F) ALLOTMENTS DURING THE

14 CORONAVIRUS TEMPORARY MEDICAID FMAP IN15 CREASE.— 

16 ‘‘(i) IN GENERAL.—Notwithstanding 

17 any other provision of this subsection, for 

18 any fiscal year for which the Federal med19 ical assistance percentage applicable to ex20 penditures under this section is increased 

21 pursuant to section 6008 of the Families 

22 First Coronavirus Response Act, the Sec23 retary shall recalculate the annual DSH al24 lotment, including the DSH allotment 

25 specified under paragraph (6)(A)(vi), to 


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1 ensure that the total DSH payments (in2 cluding both Federal and State shares) 

3 that a State may make related to a fiscal 

4 year is equal to the total DSH payments 

5 that the State could have made for such 

6 fiscal year without such increase to the 

7 Federal medical assistance percentage. 

8 ‘‘(ii) NO APPLICATION TO ALLOT9 MENTS BEGINNING AFTER COVID–19 EMER10 GENCY PERIOD.—The DSH allotment for 

11 any State for the first fiscal year beginning 

12 after the end of the emergency period de13 scribed in section 1135(g)(1)(B) or any 

14 succeeding fiscal year shall be determined 

15 under this paragraph without regard to the 

16 DSH allotments determined under clause 

17 (i).’’. 

18 (b) EFFECTIVE DATE.—The amendment made by 

19 subsection (a) shall take effect and apply as if included 

20 in the enactment of the Families First Coronavirus Re21 sponse Act (Public Law 116–127). 


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1 Subtitle C—Children’s Health 

2 Insurance Program 

3 SEC. 3201. MANDATORY COVERAGE OF COVID–19 VACCINES 

4 AND ADMINISTRATION AND TREATMENT 

5 UNDER CHIP. 

6 (a) COVERAGE.— 

7 (1) IN GENERAL.—Section 2103(c) of the So8 cial Security Act (42 U.S.C. 1397cc(c)) is amended 

9 by adding at the end the following paragraph: 

10 ‘‘(11) REQUIRED COVERAGE OF COVID–19 VAC11 CINES AND TREATMENT.—Regardless of the type of 

12 coverage elected by a State under subsection (a), the 

13 child health assistance provided for a targeted low14 income child, and, in the case of a State that elects 

15 to provide pregnancy-related assistance pursuant to 

16 section 2112, the pregnancy-related assistance pro17 vided for a targeted low-income pregnant woman (as 

18 such terms are defined for purposes of such section), 

19 shall include coverage, during the period beginning 

20 on the date of the enactment of this paragraph and 

21 ending on the last day of the first calendar quarter 

22 that begins at least one year after the last day of 

23 the emergency period described in section 

24 1135(g)(1)(B), of— 


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1 ‘‘(A) a COVID–19 vaccine (and the admin2 istration of the vaccine); and 

3 ‘‘(B) testing and treatments for COVID4 19, including specialized equipment and thera5 pies (including preventive therapies), and, in 

6 the case of an individual who is diagnosed with 

7 or presumed to have COVID–19, during the pe8 riod during which such individual has (or is 

9 presumed to have) COVID–19, the treatment of 

10 a condition that may seriously complicate the 

11 treatment of COVID–19, if otherwise covered 

12 under the State child health plan (or waiver of 

13 such plan).’’. 

14 (2) PROHIBITION OF COST SHARING.—Section 

15 2103(e)(2) of the Social Security Act (42 U.S.C. 

16 1397cc(e)(2)), as amended by section 6004(b)(3) of 

17 the Families First Coronavirus Response Act, is 

18 amended— 

19 (A) in the paragraph header, by inserting 

20 ‘‘A COVID–19 VACCINE, COVID–19 TREATMENT,’’ 

21 before ‘‘OR PREGNANCY-RELATED ASSISTANCE’’; 

22 and 

23 (B) by striking ‘‘visits described in section 

24 1916(a)(2)(G), or’’ and inserting ‘‘services de25 scribed in section 1916(a)(2)(G), vaccines deVerDate Sep 11 2014 23:55 Mar 02, 2021 Jkt 019200 PO 00000 Frm 00187 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.PCS H1319

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1 scribed in section 1916(a)(2)(H) administered 

2 during the period described in such section (and 

3 the administration of such vaccines), testing or 

4 treatments described in section 1916(a)(2)(I) 

5 furnished during the period described in such 

6 section, or’’. 

7 (b) TEMPORARY INCREASE IN FEDERAL PAYMENTS

8 FOR COVERAGE AND ADMINISTRATION OF COVID–19 

9 VACCINES.—Section 2105(c) of the Social Security Act 

10 (42 U.S.C. 1397ee(c)) is amended by adding at the end 

11 the following new paragraph: 

12 ‘‘(12) TEMPORARY ENHANCED PAYMENT FOR

13 COVERAGE AND ADMINISTRATION OF COVID–19 VAC14 CINES.—During the period described in section 

15 1905(hh)(2), notwithstanding subsection (b), the en16 hanced FMAP for a State, with respect to payments 

17 under subsection (a) for expenditures under the 

18 State child health plan (or a waiver of such plan) for 

19 a vaccine described in section 1905(a)(4)(E) (and 

20 the administration of such a vaccine), shall be equal 

21 to 100 percent.’’. 

22 (c) ADJUSTMENT OF CHIP ALLOTMENTS.—Section 

23 2104(m) of the Social Security Act (42 U.S.C. 

24 1397dd(m)) is amended— 


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1 (1) in paragraph (2)(B), in the matter pre2 ceding clause (i), by striking ‘‘paragraphs (5) and 

3 (7)’’ and inserting ‘‘paragraphs (5), (7), and (12)’’; 

4 and 

5 (2) by adding at the end the following new 

6 paragraph: 

7 ‘‘(12) ADJUSTING ALLOTMENTS TO ACCOUNT

8 FOR INCREASED FEDERAL PAYMENTS FOR COV9 ERAGE AND ADMINISTRATION OF COVID–19 VAC10 CINES.—If a State, commonwealth, or territory re11 ceives payment for a fiscal year (beginning with fis12 cal year 2021) under subsection (a) of section 2105 

13 for expenditures that are subject to the enhanced 

14 FMAP specified under subsection (c)(12) of such 

15 section, the amount of the allotment determined for 

16 the State, commonwealth, or territory under this 

17 subsection— 

18 ‘‘(A) for such fiscal year shall be increased 

19 by the projected expenditures for such year by 

20 the State, commonwealth, or territory under the 

21 State child health plan (or a waiver of such 

22 plan) for vaccines described in section 

23 1905(a)(4)(E) (and the administration of such 

24 vaccines); and 


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1 ‘‘(B) once actual expenditures are available 

2 in the subsequent fiscal year, the fiscal year al3 lotment that was adjusted by the amount de4 scribed in subparagraph (A) shall be adjusted 

5 on the basis of the difference between— 

6 ‘‘(i) such projected amount of expend7 itures described in subparagraph (A) for 

8 such fiscal year described in such subpara9 graph by the State, commonwealth, or ter10 ritory; and 

11 ‘‘(ii) the actual amount of expendi12 tures for such fiscal year described in sub13 paragraph (A) by the State, common14 wealth, or territory under the State child 

15 health plan (or waiver of such plan) for 

16 vaccines described in section 1905(a)(4)(E) 

17 (and the administration of such vac18 cines).’’. 

19 SEC. 3202. MODIFICATIONS TO CERTAIN COVERAGE UNDER 

20 CHIP FOR PREGNANT AND POSTPARTUM 

21 WOMEN. 

22 (a) MODIFICATIONS TO COVERAGE.— 

23 (1) IN GENERAL.—Section 2107(e)(1) of the 

24 Social Security Act (42 U.S.C. 1397gg(e)(1)) is 

25 amended— 


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1 (A) by redesignating subparagraphs (J) 

2 through (S) as subparagraphs (K) through (T), 

3 respectively; and 

4 (B) by inserting after subparagraph (I) the 

5 following new subparagraph: 

6 ‘‘(J) Paragraphs (5) and (16) of section 

7 1902(e) (relating to the State option to provide 

8 medical assistance consisting of full benefits 

9 during pregnancy and throughout the 12-month 

10 postpartum period under title XIX), if the 

11 State provides child health assistance for tar12 geted low-income children who are pregnant or 

13 to targeted low-income pregnant women and the 

14 State has elected to apply such paragraph (16) 

15 with respect to pregnant women under title 

16 XIX, the provision of assistance under the 

17 State child health plan or waiver for targeted 

18 low-income children or targeted low-income 

19 pregnant women during pregnancy and the 12- 

20 month postpartum period shall be required and 

21 not at the option of the State and shall include 

22 coverage of all items or services provided to a 

23 targeted low-income child or targeted low-in24 come pregnant woman (as applicable) under the 

25 State child health plan or waiver).’’. 


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1 (2) OPTIONAL COVERAGE OF TARGETED LOW2 INCOME PREGNANT WOMEN.—Section 2112(d)(2)(A) 

3 of the Social Security Act (42 U.S.C. 

4 1397ll(d)(2)(A)) is amended by inserting after ‘‘60- 

5 day period’’ the following: ‘‘, or, in the case that 

6 subparagraph (A) of section 1902(e)(16) applies to 

7 the State child health plan (or waiver of such plan), 

8 pursuant to section 2107(e)(1), the 12-month pe9 riod,’’. 

10 (b) EFFECTIVE DATE.—The amendments made by 

11 subsection (a), shall apply with respect to State elections 

12 made under paragraph (16) of section 1902(e) of the So13 cial Security Act (42 U.S.C. 1396a(e)), as added by sec14 tion 3102(a) of subtitle B of this title, during the 7-year 

15 period beginning on the 1st day of the 1st fiscal year quar16 ter that begins at least one year after the date of the en17 actment of this Act. 

18 Subtitle D—Other Provisions 

19 CHAPTER 1—ENSURING ENVIRONMENTAL 

20 HEALTH AND RATEPAYER PROTEC21 TION DURING THE PANDEMIC 

22 SEC. 3301. FUNDING FOR POLLUTION AND DISPARATE IM23 PACTS OF THE COVID–19 PANDEMIC. 

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

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1 tection Agency for fiscal year 2021, out of any money in 

2 the Treasury not otherwise appropriated, $100,000,000, 

3 to remain available until expended, to address health out4 come disparities from pollution and the COVID–19 pan5 demic, of which— 

6 (1) $50,000,000, shall be for grants, contracts, 

7 and other agency activities that identify and address 

8 disproportionate environmental or public health 

9 harms and risks in minority populations or low-in10 come populations under— 

11 (A) section 103(b) of the Clean Air Act 

12 (42 U.S.C. 7403(b)); 

13 (B) section 1442 of the Safe Drinking 

14 Water Act (42 U.S.C. 300j–1); 

15 (C) section 104(k)(7)(A) of the Com16 prehensive Environmental Response, Compensa17 tion, and Liability Act of 1980 (42 U.S.C. 

18 9604(k)(7)(A)); and 

19 (D) sections 791 through 797 of the En20 ergy Policy Act of 2005 (42 U.S.C. 16131 

21 through 16137); and 

22 (2) $50,000,000 shall be for grants and activi23 ties authorized under subsections (a) through (c) of 

24 section 103 of the Clean Air Act (42 U.S.C. 7403) 


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1 and grants and activities authorized under section 

2 105 of such Act (42 U.S.C. 7405). 

3 (b) ADMINISTRATION OF FUNDS.— 

4 (1) Of the funds made available pursuant to 

5 subsection (a)(1), the Administrator shall reserve 2 

6 percent for administrative costs necessary to carry 

7 out activities funded pursuant to such subsection. 

8 (2) Of the funds made available pursuant to 

9 subsection (a)(2), the Administrator shall reserve 5 

10 percent for activities funded pursuant to such sub11 section other than grants. 

12 SEC. 3302. FUNDING FOR LIHEAP. 

13 In addition to amounts otherwise available, there is 

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

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

16 to remain available through September 30, 2022, for addi17 tional funding to provide payments under section 2602(b) 

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

19 (42 U.S.C. 8621(b)), except that— 

20 (1) $2,250,000,000 of such amounts shall be 

21 allocated as though the total appropriation for such 

22 payments for fiscal year 2021 was less than 

23 $1,975,000,000; and 


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

2 U.S.C. 8626(b)(2)(B)) shall not apply to funds ap3 propriated under this section for fiscal year 2021. 

4 SEC. 3303. FUNDING FOR WATER ASSISTANCE PROGRAM. 

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

6 available, there is appropriated to the Secretary of Health 

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

8 amounts in the Treasury not otherwise appropriated, 

9 $500,000,000, to remain available until expended, for 

10 grants to States and Indian Tribes to assist low-income 

11 households, particularly those with the lowest incomes, 

12 that pay a high proportion of household income for drink13 ing water and wastewater services, by providing funds to 

14 owners or operators of public water systems or treatment 

15 works to reduce arrearages of and rates charged to such 

16 households for such services. 

17 (b) ALLOTMENT.—The Secretary shall— 

18 (1) allot amounts appropriated in this section to 

19 a State or Indian Tribe based on— 

20 (A) the percentage of households in the 

21 State, or under the jurisdiction of the Indian 

22 Tribe, with income equal or less than 150 per23 cent of the Federal poverty line; and 

24 (B) the percentage of households in the 

25 State, or under the jurisdiction of the Indian 


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1 Tribe, that spend more than 30 percent of 

2 monthly income on housing; and 

3 (2) reserve up to 3 percent of the amount ap4 propriated in this section for Indian Tribes and trib5 al organizations. 

6 CHAPTER 2—DISTANCE LEARNING AND 

7 CONSUMER PROTECTION DURING THE 

8 COVID–19 PANDEMIC 

9 SEC. 3311. FUNDING FOR CONSUMER PRODUCT SAFETY 

10 FUND TO PROTECT CONSUMERS FROM PO11 TENTIALLY DANGEROUS PRODUCTS RE12 LATED TO COVID–19. 

13 (a) APPROPRIATION.—In addition to amounts other14 wise available, there is appropriated to the Consumer 

15 Product Safety Commission for fiscal year 2021, out of 

16 any money in the Treasury not otherwise appropriated, 

17 $50,000,000, to remain available until September 30, 

18 2026, for the purposes described in subsection (b). 

19 (b) PURPOSES.—The funds made available in sub20 section (a) shall only be used for purposes of the Con21 sumer Product Safety Commission to— 

22 (1) carry out the requirements in title XX of di23 vision FF of the Consolidated Appropriations Act, 

24 2021 (Public Law 116–260); 


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1 (2) enhance targeting, surveillance, and screen2 ing of consumer products, particularly COVID–19 

3 products, entering the United States at ports of 

4 entry, including ports of entry for de minimis ship5 ments; 

6 (3) enhance monitoring of internet websites for 

7 the offering for sale of new and used violative con8 sumer products, particularly COVID–19 products, 

9 and coordination with retail and resale websites to 

10 improve identification and elimination of listings of 

11 such products; 

12 (4) increase awareness and communication par13 ticularly of COVID–19 product related risks and 

14 other consumer product safety information; and 

15 (5) improve the Commission’s data collection 

16 and analysis system especially with a focus on con17 sumer product safety risks resulting from the 

18 COVID–19 pandemic to socially disadvantaged indi19 viduals and other vulnerable populations. 

20 (c) DEFINITIONS.—In this section— 

21 (1) the term ‘‘Commission’’ means the Con22 sumer Product Safety Commission; 

23 (2) the term ‘‘violative consumer products’’ 

24 means consumer products in violation of an applica25 ble consumer product safety standard under the 


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1 Consumer Product Safety Act (15 U.S.C. 2051 et 

2 seq.) or any similar rule, regulation, standard, or 

3 ban under any other Act enforced by the Commis4 sion; 

5 (3) the term ‘‘COVID–19 emergency period’’ 

6 means the period during which a public health emer7 gency declared pursuant to section 319 of the Public 

8 Health Service Act (42 U.S.C. 247d) with respect to 

9 the 2019 novel coronavirus (COVID–19), including 

10 under any renewal of such declaration, is in effect; 

11 and 

12 (4) the term ‘‘COVID–19 products’’ means con13 sumer products, as defined by section 3(a)(5) of the 

14 Consumer Product Safety Act (15 U.S.C. 

15 2052(a)(5)), whose risks have been significantly af16 fected by COVID–19 or whose sales have materially 

17 increased during the COVID–19 emergency period 

18 as a result of the COVID–19 pandemic. 

19 SEC. 3312. FUNDING FOR E-RATE SUPPORT FOR EMER20 GENCY EDUCATIONAL CONNECTIONS AND 

21 DEVICES. 

22 (a) REGULATIONS REQUIRED.—Not later than 60 

23 days after the date of the enactment of this Act, the Com24 mission shall promulgate regulations providing for the 

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1 gency Connectivity Fund, of support under paragraphs 

2 (1)(B) and (2) of section 254(h) of the Communications 

3 Act of 1934 (47 U.S.C. 254(h)) to an eligible school or 

4 library, for the purchase during a COVID–19 emergency 

5 period of eligible equipment or advanced telecommuni6 cations and information services (or both), for use by— 

7 (1) in the case of a school, students and staff 

8 of the school at locations that include locations other 

9 than the school; and 

10 (2) in the case of a library, patrons of the li11 brary at locations that include locations other than 

12 the library. 

13 (b) SUPPORT AMOUNT.—In providing support under 

14 the covered regulations, the Commission shall reimburse 

15 100 percent of the costs associated with the eligible equip16 ment, advanced telecommunications and information serv17 ices, or eligible equipment and advanced telecommuni18 cations and information services, except that any reim19 bursement of a school or library for the costs associated 

20 with any eligible equipment may not exceed an amount 

21 that the Commission determines, with respect to the re22 quest by the school or library for the reimbursement, is 

23 reasonable. 

24 (c) EMERGENCY CONNECTIVITY FUND.— 


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1 (1) ESTABLISHMENT.—There is established in 

2 the Treasury of the United States a fund to be 

3 known as the ‘‘Emergency Connectivity Fund’’. 

4 (2) APPROPRIATION.—In addition to amounts 

5 otherwise available, there is appropriated to the 

6 Emergency Connectivity Fund for fiscal year 2021, 

7 out of any money in the Treasury not otherwise ap8 propriated— 

9 (A) $7,599,000,000, to remain available 

10 until September 30, 2030, for— 

11 (i) the provision of support under the 

12 covered regulations; and 

13 (ii) the Commission to adopt, and the 

14 Commission and the Universal Service Ad15 ministrative Company to administer, the 

16 covered regulations; and 

17 (B) $1,000,000, to remain available until 

18 September 30, 2030, for the Inspector General 

19 of the Commission to conduct oversight of sup20 port provided under the covered regulations. 

21 (3) LIMITATION.—Not more than 2 percent of 

22 the amount made available under paragraph (2)(A) 

23 may be used for the purposes described in clause (ii) 

24 of such paragraph. 


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1 (4) RELATIONSHIP TO UNIVERSAL SERVICE

2 CONTRIBUTIONS.—Support provided under the cov3 ered regulations shall be provided from amounts 

4 made available from the Emergency Connectivity 

5 Fund and not from contributions under section 

6 254(d) of the Communications Act of 1934 (47 

7 U.S.C. 254(d)). 

8 (d) DEFINITIONS.—In this section: 

9 (1) ADVANCED TELECOMMUNICATIONS AND IN10 FORMATION SERVICES.—The term ‘‘advanced tele11 communications and information services’’ means 

12 advanced telecommunications and information serv13 ices, as such term is used in section 254(h) of the 

14 Communications Act of 1934 (47 U.S.C. 254(h)). 

15 (2) COMMISSION.—The term ‘‘Commission’’ 

16 means the Federal Communications Commission. 

17 (3) CONNECTED DEVICE.—The term ‘‘con18 nected device’’ means a laptop computer, tablet com19 puter, or similar end-user device that is capable of 

20 connecting to advanced telecommunications and in21 formation services. 

22 (4) COVERED REGULATIONS.—The term ‘‘cov23 ered regulations’’ means the regulations promul24 gated under subsection (a). 


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1 (5) COVID–19 EMERGENCY PERIOD.—The 

2 term ‘‘COVID–19 emergency period’’ means a pe3 riod that— 

4 (A) begins on the date of a determination 

5 by the Secretary of Health and Human Services 

6 pursuant to section 319 of the Public Health 

7 Service Act (42 U.S.C. 247d) that a public 

8 health emergency exists as a result of COVID– 

9 19; and 

10 (B) ends on the June 30 that first occurs 

11 after the date that is 1 year after the date on 

12 which such determination (including any re13 newal thereof) terminates. 

14 (6) ELIGIBLE EQUIPMENT.—The term ‘‘eligible 

15 equipment’’ means the following: 

16 (A) Wi-Fi hotspots. 

17 (B) Modems. 

18 (C) Routers. 

19 (D) Devices that combine a modem and 

20 router. 

21 (E) Connected devices. 

22 (7) ELIGIBLE SCHOOL OR LIBRARY.—The term 

23 ‘‘eligible school or library’’ means an elementary 

24 school, secondary school, or library (including a 

25 Tribal elementary school, Tribal secondary school, or 


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1 Tribal library) eligible for support under paragraphs 

2 (1)(B) and (2) of section 254(h) of the Communica3 tions Act of 1934 (47 U.S.C. 254(h)). 

4 (8) EMERGENCY CONNECTIVITY FUND.—The 

5 term ‘‘Emergency Connectivity Fund’’ means the 

6 fund established under subsection (c)(1). 

7 (9) LIBRARY.—The term ‘‘library’’ includes a 

8 library consortium. 

9 (10) WI-FI.—The term ‘‘Wi-Fi’’ means a wire10 less networking protocol based on Institute of Elec11 trical and Electronics Engineers standard 802.11 

12 (or any successor standard). 

13 (11) WI-FI HOTSPOT.—The term ‘‘Wi-Fi 

14 hotspot’’ means a device that is capable of— 

15 (A) receiving advanced telecommunications 

16 and information services; and 

17 (B) sharing such services with a connected 

18 device through the use of Wi-Fi. 

19 CHAPTER 3—OVERSIGHT OF DEPART20 MENT OF COMMERCE PREVENTION 

21 AND RESPONSE TO COVID–19 

22 SEC. 3321. FUNDING FOR DEPARTMENT OF COMMERCE IN23 SPECTOR GENERAL. 

24 In addition to amounts otherwise available, there is 

25 appropriated to the Office of the Inspector General of the 


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1 Department of Commerce for fiscal year 2021, out of any 

2 money in the Treasury not otherwise appropriated, 

3 $3,000,000, to remain available until September 30, 2022, 

4 for oversight of activities supported with funds appro5 priated to the Department of Commerce to prevent, pre6 pare for, and respond to COVID–19. 

7 TITLE IV—COMMITTEE ON 

8 FINANCIAL SERVICES 

9 Subtitle A—Defense Production Act 

10 of 1950 

11 SEC. 4001. COVID–19 EMERGENCY MEDICAL SUPPLIES EN12 HANCEMENT. 

13 (a) SUPPORTING ENHANCED USE OF THE DEFENSE

14 PRODUCTION ACT OF 1950.—In addition to funds other15 wise available, there is appropriated, for fiscal year 2021, 

16 out of any money in the Treasury not otherwise appro17 priated, $10,000,000,000, notwithstanding section 304(e) 

18 of the Defense Production Act of 1950 (50 U.S.C. 

19 4534(e)), to remain available until September 30, 2025, 

20 to carry out titles I, III, and VII of such Act in accordance 

21 with subsection (b). 

22 (b) MEDICAL SUPPLIES AND EQUIPMENT.— 

23 (1) TESTING, PPE, VACCINES, AND OTHER MA24 TERIALS.—Except as provided in paragraph (2), 

25 amounts appropriated in subsection (a) shall be used 


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1 for the purchase, production (including the construc2 tion, repair, and retrofitting of government-owned or 

3 private facilities as necessary), or distribution of 

4 medical supplies and equipment (including durable 

5 medical equipment) related to combating the 

6 COVID–19 pandemic, including— 

7 (A) in vitro diagnostic products for the de8 tection of SARS-CoV-2 or the diagnosis of the 

9 virus that causes COVID–19, and the reagents 

10 and other materials necessary for producing, 

11 conducting, or administering such products, and 

12 the machinery, equipment, laboratory capacity, 

13 or other technology necessary to produce such 

14 products; 

15 (B) face masks and personal protective 

16 equipment, including face shields, nitrile gloves, 

17 N–95 filtering facepiece respirators, and any 

18 other masks or equipment (including durable 

19 medical equipment) needed to respond to the 

20 COVID–19 pandemic, and the materials, ma21 chinery, additional manufacturing lines or fa22 cilities, or other technology necessary to 

23 produce such equipment; and 

24 (C) drugs, devices, and biological products 

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1 ized under either of such Acts for use in treat2 ing or preventing COVID–19 and symptoms re3 lated to COVID–19, and any materials, manu4 facturing machinery, additional manufacturing 

5 or fill-finish lines or facilities, technology, or 

6 equipment (including durable medical equip7 ment) necessary to produce or use such drugs, 

8 biological products, or devices (including sy9 ringes, vials, or other supplies or equipment re10 lated to delivery, distribution, or administra11 tion). 

12 (2) RESPONDING TO PUBLIC HEALTH EMER13 GENCIES.—After September 30, 2022, amounts ap14 propriated in subsection (a) may be used for any ac15 tivity authorized by paragraph (1), or any other ac16 tivity necessary to meet critical public health needs 

17 of the United States, with respect to any pathogen 

18 that the President has determined has the potential 

19 for creating a public health emergency. 

20 Subtitle B—Housing Provisions 

21 SEC. 4101. EMERGENCY RENTAL ASSISTANCE. 

22 (a) FUNDING.— 

23 (1) APPROPRIATION.—In addition to amounts 

24 otherwise available, there is appropriated to the Sec25 retary of the Treasury for fiscal year 2021, out of 


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1 any money in the Treasury not otherwise appro2 priated, $20,250,000,000, to remain available until 

3 September 30, 2027, for making payments to eligi4 ble grantees under this section— 

5 (2) RESERVATION OF FUNDS.—Of the amount 

6 appropriated under paragraph (1), the Secretary 

7 shall reserve— 

8 (A) $305,000,000 for making payments 

9 under this section to the Commonwealth of 

10 Puerto Rico, the United States Virgin Islands, 

11 Guam, the Commonwealth of the Northern 

12 Mariana Islands, and American Samoa; 

13 (B) $30,000,000 for costs of the Secretary 

14 for the administration of emergency rental as15 sistance programs and technical assistance to 

16 recipients of any grants made by the Secretary 

17 to provide financial and other assistance to 

18 renters; 

19 (C) $3,000,000 for administrative expenses 

20 of the Inspector General relating to oversight of 

21 funds provided in this section; and 

22 (D) $1,200,000,000 for payments to high23 need grantees as provided in this section. 

24 (b) ALLOCATION FOR RENTAL AND UTILITY ASSIST25 ANCE.— 


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1 (1) ALLOCATION FOR STATES AND UNITS OF

2 LOCAL GOVERNMENT.— 

3 (A) IN GENERAL.—The amount appro4 priated under paragraph (1) of subsection (a) 

5 that remains after the application of paragraph 

6 (2) of such subsection shall be allocated to eligi7 ble grantees described in subparagraphs (A) 

8 and (B) of subsection (f)(1) in the same man9 ner as the amount appropriated under section 

10 501 of subtitle A of title V of division N of the 

11 Consolidated Appropriations Act, 2021 (Public 

12 Law 116–260) is allocated to States and units 

13 of local government under subsection (b)(1) of 

14 such section, except that section 501(b) of such 

15 subtitle A shall be applied— 

16 (i) without regard to clause (i) of 

17 paragraph (1)(A); 

18 (ii) by deeming the amount appro19 priated under paragraph (1) of subsection 

20 (a) of this Act that remains after the ap21 plication of paragraph (2) of such sub22 section to be the amount deemed to apply 

23 for purposes of applying clause (ii) of sec24 tion 501(b)(1)(A) of such subtitle A; 


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1 (iii) by substituting ‘‘$152,000,000’’ 

2 for ‘‘$200,000,000’’ each place such term 

3 appears; 

4 (iv) in subclause (I) of such section 

5 501(b)(1)(A)(v), by substituting ‘‘under 

6 section 4101 of the American Rescue Plan 

7 Act of 2021’’ for ‘‘under section 501 of 

8 subtitle A of title V of division N of the 

9 Consolidated Appropriations Act, 2021’’; 

10 and 

11 (v) in subclause (II) of such section 

12 501(b)(1)(A)(v), by substituting ‘‘local 

13 government elects to receive funds from 

14 the Secretary under section 4101 of the 

15 American Rescue Plan Act of 2021 and 

16 will use the funds in a manner consistent 

17 with such section’’ for ‘‘local government 

18 elects to receive funds from the Secretary 

19 under section 501 of subtitle A of title V 

20 of division N of the Consolidated Appro21 priations Act, 2021 and will use the funds 

22 in a manner consistent with such section’’. 

23 (B) PRO RATA ADJUSTMENT.—The Sec24 retary shall make pro rata adjustments in the 

25 amounts of the allocations determined under 


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1 subparagraph (A) of this paragraph for entities 

2 described in such subparagraph as necessary to 

3 ensure that the total amount of allocations 

4 made pursuant to such subparagraph does not 

5 exceed the remainder appropriated amount de6 scribed in such subparagraph. 

7 (2) ALLOCATIONS FOR TERRITORIES.—The 

8 amount reserved under subsection (a)(2)(A) shall be 

9 allocated to eligible grantees described in subsection 

10 (f)(1)(C) in the same manner as the amount appro11 priated under section 501(a)(2)(A) of subtitle A of 

12 title V of division N of the Consolidated Appropria13 tions Act, 2021 (Public Law 116–260) is allocated 

14 under section 501(b)(3) of such subtitle A to eligible 

15 grantees under subparagraph (C) of such section 

16 501(b)(3), except that section 501(b)(3) of such sub17 title A shall be applied— 

18 (A) in subparagraph (A), by inserting ‘‘of 

19 this Act’’ after ‘‘the amount reserved under 

20 subsection (a)(2)(A)’’; and 

21 (B) in clause (i) of subparagraph (B), by 

22 substituting ‘‘the amount equal to 0.3 percent 

23 of the amount appropriated under subsection 

24 (a)(1)’’ with ‘‘the amount equal to 0.3 percent 


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1 of the amount appropriated under subsection 

2 (a)(1) of this Act’’. 

3 (3) HIGH-NEED GRANTEES.—The Secretary 

4 shall allocate funds reserved under subsection 

5 (a)(2)(D) to eligible grantees with a high need for 

6 assistance under this section as evidenced by the 

7 number of very low-income renter households paying 

8 more than 50 percent of income on rent or living in 

9 substandard or overcrowded conditions, rental mar10 ket costs, and employment trends. 

11 (c) PAYMENT SCHEDULE.— 

12 (1) IN GENERAL.—The Secretary shall pay all 

13 eligible grantees not less than 40 percent of each 

14 such eligible grantee’s total allocation provided 

15 under subsection (b) within 60 days of enactment of 

16 this Act. 

17 (2) SUBSEQUENT PAYMENTS.—The Secretary 

18 shall pay to eligible grantees additional amounts in 

19 tranches up to the full amount of each such eligible 

20 grantee’s total allocation in accordance with a proce21 dure established by the Secretary, provided that any 

22 such procedure established by the Secretary shall re23 quire that an eligible grantee must have obligated 

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1 bursed by the Secretary pursuant to this section 

2 prior to disbursement of additional amounts. 

3 (d) USE OF FUNDS.— 

4 (1) IN GENERAL.—An eligible grantee shall 

5 only use the funds provided from payments made 

6 under this section as follows: 

7 (A) FINANCIAL ASSISTANCE.— 

8 (i) IN GENERAL.—Subject to clause 

9 (ii) of this subparagraph, funds received by 

10 an eligible grantee from payments made 

11 under this section shall be used to provide 

12 financial assistance to eligible households, 

13 not to exceed 18 months, including the 

14 payment of— 

15 (I) rent; 

16 (II) rental arrears; 

17 (III) utilities and home energy 

18 costs; 

19 (IV) utilities and home energy 

20 costs arrears; and 

21 (V) other expenses related to 

22 housing, as defined by the Secretary. 

23 (ii) LIMITATION.—The aggregate 

24 amount of financial assistance an eligible 

25 household may receive under this section, 


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1 when combined with financial assistance 

2 provided under section 501 of subtitle A of 

3 title V of division N of the Consolidated 

4 Appropriations Act, 2021 (Public Law 

5 116–260), shall not exceed 18 months. 

6 (B) HOUSING STABILITY SERVICES.—Not 

7 more than 10 percent of funds received by an 

8 eligible grantee from payments made under this 

9 section may be used to provide case manage10 ment and other services intended to help keep 

11 households stably housed. 

12 (C) ADMINISTRATIVE COSTS.—Not more 

13 than 15 percent of the total amount paid to an 

14 eligible grantee under this section may be used 

15 for administrative costs attributable to pro16 viding financial assistance, housing stability 

17 services, and other affordable rental housing 

18 and eviction prevention activities, including for 

19 data collection and reporting requirements re20 lated to such funds. 

21 (D) OTHER AFFORDABLE RENTAL HOUS22 ING AND EVICTION PREVENTION ACTIVITIES.— 

23 An eligible grantee may use any funds from 

24 payments made under this section that are un25 obligated on October 1, 2022, for purposes in 


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1 addition to those specified in this paragraph, 

2 provided that— 

3 (i) such other purposes are affordable 

4 housing purposes, as defined by the Sec5 retary, serving very low-income families (as 

6 such term is defined in section 3(b) of the 

7 United States Housing Act of 1937 (42 

8 U.S.C. 1437a(b))); and 

9 (ii) prior to obligating any funds for 

10 such purposes, the eligible grantee has ob11 ligated not less than 75 percent of the 

12 total funds allocated to such eligible grant13 ee in accordance with this section. 

14 (2) DISTRIBUTION OF ASSISTANCE.—Amounts 

15 appropriated under subsection (a)(1) of this section 

16 shall be subject to the same terms and conditions 

17 that apply under paragraph (4) of section 501(c) of 

18 subtitle A of title V of division N of the Consolidated 

19 Appropriations Act, 2021 (Public Law 116–260) to 

20 amounts appropriated under subsection (a)(1) of 

21 such section 501. 

22 (e) REALLOCATION OF FUNDS.— 

23 (1) IN GENERAL.—Beginning March 31, 2022, 

24 the Secretary shall reallocate funds allocated to eligi25 ble grantees in accordance with subsection (b) but 


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1 not yet paid in accordance with subsection (c)(2) ac2 cording to a procedure established by the Secretary. 

3 (2) ELIGIBILITY FOR REALLOCATED FUNDS.— 

4 The Secretary shall require an eligible grantee to 

5 have obligated 50 percent of the total amount of 

6 funds allocated to such eligible grantee under sub7 section (b) to be eligible to receive funds reallocated 

8 under paragraph (1) of this subsection. 

9 (3) PAYMENT OF REALLOCATED FUNDS BY THE

10 SECRETARY.—The Secretary shall pay to each eligi11 ble grantee eligible for a payment of reallocated 

12 funds described in paragraph (2) of this subsection 

13 the amount allocated to such eligible grantee in ac14 cordance with the procedure established by the Sec15 retary in accordance with paragraph (2) of this sub16 section. 

17 (4) USE OF REALLOCATED FUNDS.—Eligible 

18 grantees may use any funds received in accordance 

19 with this subsection only for purposes specified in 

20 paragraph (1) of subsection (d). 

21 (f) DEFINITIONS.—In this section: 

22 (1) ELIGIBLE GRANTEE.—The term ‘‘eligible 

23 grantee’’ means any of the following: 

24 (A) The 50 States of the United States 

25 and the District of Columbia. 


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1 (B) A unit of local government (as defined 

2 in paragraph (5)). 

3 (C) The Commonwealth of Puerto Rico, 

4 the United States Virgin Islands, Guam, the 

5 Commonwealth of the Northern Mariana Is6 lands, and American Samoa. 

7 (2) ELIGIBLE HOUSEHOLD.—The term ‘‘eligible 

8 household’’ means a household of 1 or more individ9 uals who are obligated to pay rent on a residential 

10 dwelling and with respect to which the eligible grant11 ee involved determines that— 

12 (A) 1 or more individuals within the house13 hold has— 

14 (i) qualified for unemployment bene15 fits; or 

16 (ii) experienced a reduction in house17 hold income, incurred significant costs, or 

18 experienced other financial hardship during 

19 or due, directly or indirectly, to the 

20 coronavirus pandemic; 

21 (B) 1 or more individuals within the 

22 household can demonstrate a risk of experi23 encing homelessness or housing instability; and 

24 (C) the household is a low-income family 

25 (as such term is defined in section 3(b) of the 


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1 United States Housing Act of 1937 (42 U.S.C. 

2 1437a(b)). 

3 (3) INSPECTOR GENERAL.—The term ‘‘Inspec4 tor General’’ means the Inspector General of the De5 partment of the Treasury. 

6 (4) SECRETARY.—The term ‘‘Secretary’’ means 

7 the Secretary of the Treasury. 

8 (5) UNIT OF LOCAL GOVERNMENT.—The term 

9 ‘‘unit of local government’’ has the meaning given 

10 such term in section 501 of subtitle A of title V of 

11 division N of the Consolidated Appropriations Act, 

12 2021 (Public Law 116–260). 

13 (g) AVAILABILITY.—Funds provided to an eligible 

14 grantee under a payment made under this section shall 

15 remain available through September 30, 2025. 

16 (h) EXTENSION OF AVAILABILITY UNDER PROGRAM

17 FOR EXISTING FUNDING.—Paragraph (1) of section 

18 501(e) of subtitle A of title V of division N of the Consoli19 dated Appropriations Act, 2021 (Public Law 116–260) is 

20 amended by striking ‘‘December 31, 2021’’ and inserting 

21 ‘‘September 30, 2022’’. 

22 SEC. 4102. EMERGENCY HOUSING VOUCHERS. 

23 (a) APPROPRIATION.—In addition to amounts other24 wise available, there is appropriated to the Secretary of 

25 Housing and Urban Development (in this section referred 


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1 to as the ‘‘Secretary’’) for fiscal year 2021, out of any 

2 money in the Treasury not otherwise appropriated, 

3 $5,000,000,000, to remain available until September 30, 

4 2030, for— 

5 (1) incremental emergency vouchers under sub6 section (b); 

7 (2) renewals of the vouchers under subsection 

8 (b); 

9 (3) fees for the costs of administering vouchers 

10 under subsection (b) and other eligible expenses de11 fined by notice to prevent, prepare, and respond to 

12 coronavirus to facilitate the leasing of the emergency 

13 vouchers, such as security deposit assistance and 

14 other costs related to retention and support of par15 ticipating owners; and 

16 (4) adjustments in the calendar year 2021 sec17 tion 8 renewal funding allocation, including main18 stream vouchers, for public housing agencies that ex19 perience a significant increase in voucher per-unit 

20 costs due to extraordinary circumstances or that, de21 spite taking reasonable cost savings measures, would 

22 otherwise be required to terminate rental assistance 

23 for families as a result of insufficient funding. 

24 (b) EMERGENCY VOUCHERS.— 


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1 (1) IN GENERAL.—The Secretary shall provide 

2 emergency rental assistance vouchers under sub3 section (a), which shall be tenant-based rental assist4 ance under section 8(o) of the United States Hous5 ing Act of 1937 (42 U.S.C. 1437f(o)). 

6 (2) QUALIFYING INDIVIDUALS OR FAMILIES DE7 FINED.—For the purposes of this section, qualifying 

8 individuals or families are those who are— 

9 (A) homeless (as such term is defined in 

10 section 103(a) of the McKinney-Vento Home11 less Assistance Act (42 U.S.C. 11302(a)); 

12 (B) at risk of homelessness (as such term 

13 is defined in section 401(1) of the McKinney14 Vento Homeless Assistance Act (42 U.S.C. 

15 11360(1))); 

16 (C) fleeing, or attempting to flee, domestic 

17 violence, dating violence, sexual assault, stalk18 ing, or human trafficking, as defined by the 

19 Secretary; or 

20 (D) recently homeless, as determined by 

21 the Secretary, and for whom providing rental 

22 assistance will prevent the family’s homeless23 ness or having high risk of housing instability. 

24 (3) ALLOCATION.—The Secretary shall notify 

25 public housing agencies of the number of emergency 


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1 vouchers provided under this section to be allocated 

2 to the agency not later than 60 days after the date 

3 of the enactment of this Act, in accordance with a 

4 formula that includes public housing agency capacity 

5 and ensures geographic diversity, including with re6 spect to rural areas, among public housing agencies 

7 administering the Housing Choice Voucher program. 

8 (4) TERMS AND CONDITIONS.— 

9 (A) ELECTION TO ADMINISTER.—The Sec10 retary shall establish a procedure for public 

11 housing agencies to accept or decline the emer12 gency vouchers allocated to the agency in ac13 cordance with the formula under subparagraph 

14 (3). 

15 (B) FAILURE TO USE VOUCHERS PROMPT16 LY.—If a public housing agency fails to lease 

17 its authorized vouchers under subsection (b) on 

18 behalf of eligible families within a reasonable 

19 period of time, the Secretary may revoke and 

20 redistribute any unleased vouchers and associ21 ated funds, including administrative fees and 

22 costs referred to in subsection (a)(3), to other 

23 public housing agencies according to the for24 mula under paragraph (3). 


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1 (5) WAIVERS AND ALTERNATIVE REQUIRE2 MENTS.—The Secretary may waive or specify alter3 native requirements for any provision of the United 

4 States Housing Act of 1937 (42 U.S.C. 1437 et 

5 seq.) or regulation applicable to such statute other 

6 than requirements related to fair housing, non7 discrimination, labor standards, and the environ8 ment, upon a finding that the waiver or alternative 

9 requirement is necessary to expedite or facilitate the 

10 use of amounts made available in this section. 

11 (6) TERMINATION OF VOUCHERS UPON TURN12 OVER.—After September 30, 2023, a public housing 

13 agency may not reissue any vouchers made available 

14 under this section when assistance for the family as15 sisted ends. 

16 (c) TECHNICAL ASSISTANCE AND OTHER COSTS.— 

17 The Secretary may use not more $20,000,000 of the 

18 amounts made available under this section for the costs 

19 to the Secretary of administering and overseeing the im20 plementation of this section and the Housing Choice 

21 Voucher program generally, including information tech22 nology, financial reporting, and other costs. Of the 

23 amounts set aside under this subsection, the Secretary 

24 may use not more than $10,000,000, without competition, 

25 to make new awards or increase prior awards to existing 


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1 technical assistance providers to provide an immediate in2 crease in capacity building and technical assistance to 

3 public housing agencies. 

4 (d) IMPLEMENTATION.—The Secretary may imple5 ment the provisions of this section by notice. 

6 SEC. 4103. EMERGENCY ASSISTANCE FOR RURAL HOUSING. 

7 In addition to amounts otherwise available, there is 

8 appropriated to the Secretary of Agriculture for fiscal year 

9 2021, out of any money in the Treasury not otherwise ap10 propriated, $100,000,000, to remain available until Sep11 tember 30, 2022, to provide grants under section 

12 521(a)(2) of the Housing Act of 1949 or agreements en13 tered into in lieu of debt forgiveness or payments for eligi14 ble households as authorized by section 502(c)(5)(D) of 

15 the Housing Act of 1949, for temporary adjustment of in16 come losses for residents of housing financed or assisted 

17 under section 514, 515, or 516 of the Housing Act of 

18 1949 who have experienced income loss but are not cur19 rently receiving Federal rental assistance. 

20 SEC. 4104. HOUSING ASSISTANCE AND SUPPORTIVE SERV21 ICES PROGRAMS FOR NATIVE AMERICANS. 

22 (a) APPROPRIATION.—In addition to amounts other23 wise available, there is appropriated to the Secretary of 

24 Housing and Urban Development (in this section referred 

25 to as the ‘‘Secretary’’) for fiscal year 2021, out of any 


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1 money in the Treasury not otherwise appropriated, 

2 $750,000,000, to remain available until September 30, 

3 2025, to prevent, prepare for, and respond to coronavirus, 

4 for activities and assistance authorized under title I of the 

5 Native American Housing Assistance and Self-Determina6 tion Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.), 

7 under title VIII of NAHASDA (25 U.S.C. 4221 et seq.), 

8 and under section 106(a)(1) of the Housing and Commu9 nity Development Act of 1974 with respect to Indian 

10 tribes (42 U.S.C. 5301 et seq.), which shall be made avail11 able as follows: 

12 (1) HOUSING BLOCK GRANTS.—$455,000,000 

13 shall be available for the Native American Housing 

14 Block Grants and Native Hawaiian Housing Block 

15 Grant programs, as authorized under titles I and 

16 VIII of NAHASDA, subject to the following terms 

17 and conditions: 

18 (A) FORMULA.—Of the amounts made 

19 available under this paragraph, $450,000,000 

20 shall be for grants under title I of NAHASDA 

21 and shall be distributed according to the same 

22 funding formula used in fiscal year 2021. 

23 (B) NATIVE HAWAIIANS.—Of the amounts 

24 made available under this paragraph, 


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1 $5,000,000 shall be for grants under title VIII 

2 of NAHASDA. 

3 (C) USE.—Amounts made available under 

4 this paragraph shall be used by recipients to 

5 prevent, prepare for, and respond to 

6 coronavirus, including to maintain normal oper7 ations and fund eligible affordable housing ac8 tivities under NAHASDA during the period 

9 that the program is impacted by coronavirus. In 

10 addition, amounts made available under sub11 paragraph (B) shall be used to provide rental 

12 assistance to eligible Native Hawaiian families 

13 both on and off the Hawaiian Home Lands. 

14 (D) TIMING OF OBLIGATIONS.—Amounts 

15 made available under this paragraph shall be 

16 used, as necessary, to cover or reimburse allow17 able costs to prevent, prepare for, and respond 

18 to coronavirus that are incurred by a recipient, 

19 including for costs incurred as of January 21, 

20 2020. 

21 (E) WAIVERS OR ALTERNATIVE REQUIRE22 MENTS.—The Secretary may waive or specify 

23 alternative requirements for any provision of 

24 NAHASDA (25 U.S.C. 4101 et seq.) or regula25 tion applicable to the Native American Housing 


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1 Block Grant or Native Hawaiian Housing Block 

2 Grant program other than requirements related 

3 to fair housing, nondiscrimination, labor stand4 ards, and the environment, upon a finding that 

5 the waiver or alternative requirement is nec6 essary to expedite or facilitate the use of 

7 amounts made available under this paragraph. 

8 (F) UNOBLIGATED AMOUNTS.—Amounts 

9 made available under this paragraph which are 

10 not accepted, are voluntarily returned, or other11 wise recaptured for any reason shall be used to 

12 fund grants under paragraph (2). 

13 (2) INDIAN COMMUNITY DEVELOPMENT BLOCK

14 GRANTS.—$280,000,000 shall be available for grants 

15 under title I of the Housing and Community Devel16 opment Act of 1974, subject to the following terms 

17 and conditions: 

18 (A) USE.—Amounts made available under 

19 this paragraph shall be used, without competi20 tion, for emergencies that constitute imminent 

21 threats to health and safety and are designed to 

22 prevent, prepare for, and respond to 

23 coronavirus. 

24 (B) PLANNING.—Not to exceed 20 percent 

25 of any grant made with funds made available 


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1 under this paragraph shall be expended for 

2 planning and management development and ad3 ministration. 

4 (C) TIMING OF OBLIGATIONS.—Amounts 

5 made available under this paragraph shall be 

6 used, as necessary, to cover or reimburse allow7 able costs to prevent, prepare for, and respond 

8 to coronavirus incurred by a recipient, including 

9 for costs incurred as of January 21, 2020. 

10 (D) INAPPLICABILITY OF PUBLIC SERVICES

11 CAP.—Indian tribes may use up to 100 percent 

12 of any grant from amounts made available 

13 under this paragraph for public services activi14 ties to prevent, prepare for, and respond to 

15 coronavirus. 

16 (E) WAIVERS OR ALTERNATIVE REQUIRE17 MENTS.—The Secretary may waive or specify 

18 alternative requirements for any provision of 

19 title I of the Housing and Community Develop20 ment Act of 1974 (42 U.S.C. 5301 et seq.) or 

21 regulation applicable to the Indian Community 

22 Development Block Grant program other than 

23 requirements related to fair housing, non24 discrimination, labor standards, and the envi25 ronment, upon a finding that the waiver or alVerDate Sep 11 2014 23:55 Mar 02, 2021 Jkt 019200 PO 00000 Frm 00226 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.PCS H1319

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1 ternative requirement is necessary to expedite 

2 or facilitate the use of amounts made available 

3 under this paragraph. 

4 (3) TECHNICAL ASSISTANCE.—$10,000,000 

5 shall be used, without competition, to make new 

6 awards or increase prior awards to existing technical 

7 assistance providers to provide an immediate in8 crease in training and technical assistance to Indian 

9 tribes, Indian housing authorities, tribally des10 ignated housing entities, and recipients under title 

11 VIII of NAHASDA for activities under this section. 

12 (4) OTHER COSTS.—$5,000,000 shall be used 

13 for the administrative costs to oversee and admin14 ister the implementation of this section, and pay for 

15 associated information technology, financial report16 ing, and other costs. 

17 SEC. 4105. HOUSING COUNSELING. 

18 (a) APPROPRIATION.—In addition to amounts other19 wise available, there is appropriated to the Neighborhood 

20 Reinvestment Corporation (in this section referred to as 

21 the ‘‘Corporation’’) for fiscal year 2021, out of any money 

22 in the Treasury not otherwise appropriated, 

23 $100,000,000, to remain available until September 30, 

24 2025, for grants to housing counseling intermediaries ap25 proved by the Department of Housing and Urban DevelVerDate Sep 11 2014 23:55 Mar 02, 2021 Jkt 019200 PO 00000 Frm 00227 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.PCS H1319

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1 opment, State housing finance agencies, and 

2 NeighborWorks organizations for providing housing coun3 seling services, as authorized under the Neighborhood Re4 investment Corporation Act (42 U.S.C. 8101-8107) and 

5 consistent with the discretion set forth in section 

6 606(a)(5) of such Act (42 U.S.C. 8105(a)(5)) to design 

7 and administer grant programs. Of the grant funds made 

8 available under this subsection, not less than 40 percent 

9 shall be provided to counseling organizations that— 

10 (1) target housing counseling services to minor11 ity and low-income populations facing housing insta12 bility; or 

13 (2) provide housing counseling services in 

14 neighborhoods having high concentrations of minor15 ity and low-income populations. 

16 (b) LIMITATION.—The aggregate amount provided to 

17 NeighborWorks organizations under this section shall not 

18 exceed 15 percent of the total of grant funds made avail19 able by subsection (a). 

20 (c) ADMINISTRATION AND OVERSIGHT.—The Cor21 poration may retain a portion of the amounts provided 

22 under this section, in a proportion consistent with its 

23 standard rate for program administration in order to cover 

24 its expenses related to program administration and over25 sight. 


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1 (d) HOUSING COUNSELING SERVICES DEFINED.— 

2 For the purposes of this section, the term ‘‘housing coun3 seling services’’ means— 

4 (1) housing counseling provided directly to 

5 households facing housing instability, such as evic6 tion, default, foreclosure, loss of income, or home7 lessness; 

8 (2) education, outreach, training, technology 

9 upgrades, and other program related support; and 

10 (3) operational oversight funding for grantees 

11 and subgrantees that receive funds under this sec12 tion. 

13 SEC. 4106. HOMELESSNESS ASSISTANCE AND SUPPORTIVE 

14 SERVICES PROGRAM. 

15 (a) APPROPRIATION.—In addition to amounts other16 wise available, there is appropriated to the Secretary of 

17 Housing and Urban Development (in this section referred 

18 to as the ‘‘Secretary’’) for fiscal year 2021, out of any 

19 money in the Treasury not otherwise appropriated, 

20 $5,000,000,000, to remain available until September 30, 

21 2025, except that amounts authorized under subsection 

22 (d)(3) shall remain available until September 30, 2029, 

23 for assistance under title II of the Cranston-Gonzalez Na24 tional Affordable Housing Act (42 U.S.C. 12721 et seq.) 


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1 for the following activities to primarily benefit qualifying 

2 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, as defined by the Secretary; 

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 12748(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), the Secretary shall 

23 allocate amounts made available under this section 

24 pursuant to section 217 of the Act (42 U.S.C. 

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1 ant to that same formula in fiscal year 2021, and 

2 shall make such allocations within 30 days of enact3 ment of 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 OR ALTERNATIVE REQUIRE19 MENTS.—The Secretary may waive or specify alter20 native requirements for any provision of the Cran21 ston-Gonzalez National Affordable Housing Act (42 

22 U.S.C. 12701 et seq.) and titles I and IV of the 

23 McKinney-Vento Homelessness Act (42 U.S.C. 

24 11301 et seq., 11360 et seq.) or regulation for the 

25 administration of the amounts made available under 


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1 this section other than requirements related to fair 

2 housing, nondiscrimination, labor standards, and the 

3 environment, upon a finding that the waiver or alter4 native requirement is necessary to expedite or facili5 tate the use of amounts made available under this 

6 section. 

7 SEC. 4107. HOMEOWNER ASSISTANCE FUND. 

8 (a) APPROPRIATION.—In addition to amounts other9 wise available, there is appropriated to the Secretary of 

10 the Treasury for the Homeowner Assistance Fund estab11 lished under subsection (c) for fiscal year 2021, out of 

12 any money in the Treasury not otherwise appropriated, 

13 $9,961,000,000, to remain available until September 30, 

14 2025, for qualified expenses that meet the purposes speci15 fied under subsection (c) and expenses described in sub16 section (d)(1). 

17 (b) DEFINITIONS.—In this section: 

18 (1) CONFORMING LOAN LIMIT.—The term ‘‘con19 forming loan limit’’ means the applicable limitation 

20 governing the maximum original principal obligation 

21 of a mortgage secured by a single-family residence, 

22 a mortgage secured by a 2-family residence, a mort23 gage secured by a 3-family residence, or a mortgage 

24 secured by a 4-family residence, as determined and 

25 adjusted annually under section 302(b)(2) of the 


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1 Federal National Mortgage Association Charter Act 

2 (12 U.S.C. 1717(b)(2)) and section 305(a)(2) of the 

3 Federal Home Loan Mortgage Corporation Act (12 

4 U.S.C. 1454(a)(2)). 

5 (2) DWELLING.—The term ‘‘dwelling’’ means 

6 any building, structure, or portion thereof which is 

7 occupied as, or designed or intended for occupancy 

8 as, a residence by one or more individuals. 

9 (3) ELIGIBLE ENTITY.—The term ‘‘eligible enti10 ty’’ means— 

11 (A) a State; or 

12 (B) any entity eligible for payment under 

13 subsection (f). 

14 (4) MORTGAGE.—The term ‘‘mortgage’’ means 

15 any credit transaction— 

16 (A) that is secured by a mortgage, deed of 

17 trust, or other consensual security interest on a 

18 principal residence of a borrower that is (i) a 1- 

19 to 4-unit dwelling, or (ii) residential real prop20 erty that includes a 1- to 4-unit dwelling; and 

21 (B) the unpaid principal balance of which 

22 was, at the time of origination, not more than 

23 the conforming loan limit. 


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1 (5) FUND.—The term ‘‘Fund’’ means the 

2 Homeowner Assistance Fund established under sub3 section (c). 

4 (6) SECRETARY.—The term ‘‘Secretary’’ means 

5 the Secretary of the Treasury. 

6 (7) SOCIALLY AND ECONOMICALLY DISADVAN7 TAGED INDIVIDUAL.—The term ‘‘socially and eco8 nomically disadvantaged individual’’ means an indi9 vidual who is a socially disadvantaged individual or 

10 an economically disadvantaged individual, as such 

11 terms are defined, respectively, under section 8 of 

12 the Small Business Act (15 U.S.C. 637) and the 

13 regulations thereunder. 

14 (8) STATE.—The term ‘‘State’’ means any 

15 State of the United States, the District of Columbia, 

16 the Commonwealth of Puerto Rico, Guam, American 

17 Samoa, the United States Virgin Islands, and the 

18 Commonwealth of the Northern Mariana Islands. 

19 (c) ESTABLISHMENT OF FUND.— 

20 (1) ESTABLISHMENT; QUALIFIED EXPENSES.— 

21 There is established in the Department of the Treas22 ury a Homeowner Assistance Fund to mitigate fi23 nancial hardships associated with the coronavirus 

24 pandemic by providing such funds as are appro25 priated by subsection (a) to eligible entities for the 


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1 purpose of preventing homeowner mortgage delin2 quencies, defaults, foreclosures, loss of utilities or 

3 home energy services, and displacements of home4 owners experiencing financial hardship after Janu5 ary 21, 2020, through qualified expenses related to 

6 mortgages and housing, which include— 

7 (A) mortgage payment assistance; 

8 (B) financial assistance to allow a home9 owner to reinstate a mortgage or to pay other 

10 housing related costs related to a period of for11 bearance, delinquency, or default; 

12 (C) principal reduction; 

13 (D) facilitating interest rate reductions; 

14 (E) payment assistance for— 

15 (i) utilities, including electric, gas, 

16 home energy, and water; 

17 (ii) internet service, including 

18 broadband internet access service, as de19 fined in section 8.1(b) of title 47, Code of 

20 Federal Regulations (or any successor reg21 ulation); 

22 (iii) homeowner’s insurance, flood in23 surance, and mortgage insurance; and 


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1 (iv) homeowner’s association, condo2 minium association fees, or common 

3 charges; 

4 (F) reimbursement of funds expended by a 

5 State, local government, or designated entity 

6 under subsection (e) during the period begin7 ning on January 21, 2020, and ending on the 

8 date that the first funds are disbursed by the 

9 eligible entity under the Homeowner Assistance 

10 Fund, for the purpose of providing housing or 

11 utility payment assistance to individuals or oth12 erwise providing funds to prevent foreclosure or 

13 eviction of a homeowner or tenant or prevent 

14 mortgage delinquency or loss of housing or util15 ities as a response to the coronavirus disease 

16 (COVID) pandemic; and 

17 (G) any other assistance to promote hous18 ing stability for homeowners, including pre19 venting eviction, mortgage delinquency or de20 fault, foreclosure, or the loss of utility or home 

21 energy services, as determined by the Secretary. 

22 (2) TARGETING.—Not less than 60 percent of 

23 amounts made to each eligible entity allocated 

24 amounts under subsection (d) or (f) shall be used 

25 for qualified expenses that assist homeowners having 


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1 incomes equal to or less than 100 percent of the 

2 area median income for their household size or equal 

3 to or less than 100 percent of the median income for 

4 the United States, as determined by the Secretary of 

5 Housing and Urban Development, whichever is 

6 greater. The eligible entity shall prioritize remaining 

7 funds to socially and economically disadvantaged in8 dividuals. 

9 (d) ALLOCATION OF FUNDS.— 

10 (1) ADMINISTRATION.—Of any amounts made 

11 available under this section, the Secretary shall re12 serve— 

13 (A) to the Department of the Treasury, an 

14 amount not to exceed $40,000,000 to admin15 ister and oversee the Fund, and to provide tech16 nical assistance to eligible entities for the cre17 ation and implementation of State and tribal 

18 programs to administer assistance from the 

19 Fund; and 

20 (B) to the Inspector General of the De21 partment of the Treasury, an amount to not ex22 ceed $2,600,000 for oversight of the program 

23 under this section. 

24 (2) FOR STATES.—After the application of 

25 paragraphs (1), (4), and (5) of this subsection and 


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1 subject to paragraph (3) of this subsection, the Sec2 retary shall allocate the remaining funds available 

3 within the Homeowner Assistance Fund to each 

4 State of the United States, the District of Columbia, 

5 and the Commonwealth of Puerto Rico based on 

6 homeowner need, for such State relative to all States 

7 of the United States, the District of Columbia, and 

8 the Commonwealth of Puerto Rico, as of the date of 

9 the enactment of this Act, which is determined by— 

10 (A) the average number of unemployed in11 dividuals measured over a period of time not 

12 fewer than 3 months and not more than 12 

13 months; 

14 (B) the total number of mortgagors with— 

15 (i) mortgage payments that are more 

16 than 30 days past due; or 

17 (ii) mortgages in foreclosure. 

18 (3) SMALL STATE MINIMUM.— 

19 (A) IN GENERAL.—Each State of the 

20 United States, the District of Columbia, and 

21 the Commonwealth of Puerto Rico shall receive 

22 no less than $40,000,000 for the purposes es23 tablished in (c). 

24 (B) PRO RATA ADJUSTMENTS.—The Sec25 retary shall adjust on a pro rata basis the 


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1 amount of the payments for each State of the 

2 United States, the District of Columbia, and 

3 the Commonwealth of Puerto Rico determined 

4 under this subsection without regard to this 

5 subparagraph to the extent necessary to comply 

6 with the requirements of subparagraph (A). 

7 (4) TERRITORY SET-ASIDE.—Notwithstanding 

8 any other provision of this section, of the amounts 

9 appropriated under subsection (a), the Secretary 

10 shall reserve $30,000,000 to be disbursed to Guam, 

11 American Samoa, the United States Virgin Islands, 

12 and the Commonwealth of the Northern Mariana Is13 lands based on each such territory’s share of the 

14 combined total population of all such territories, as 

15 determined by the Secretary. For the purposes of 

16 this paragraph, population shall be determined based 

17 on the most recent year for which data are available 

18 from the United States Census Bureau. 

19 (5) TRIBAL SET-ASIDE.—The Secretary shall 

20 allocate funds to any eligible entity designated under 

21 subsection (f) pursuant to the requirements of that 

22 subsection. 

23 (e) DISTRIBUTION OF FUNDS TO STATES.— 

24 (1) IN GENERAL.—The Secretary shall make 

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1 actment of this Act, from amounts allocated under 

2 subsection (d) to eligible entities that have notified 

3 the Secretary that they request to receive payment 

4 from the Fund and that the eligible entity will use 

5 such payments in compliance with this section. 

6 (2) REALLOCATION.—If a State does not re7 quest allocated funds by the 45th day after the date 

8 of enactment of this Act, such State shall not be eli9 gible for a payment from the Secretary pursuant to 

10 this section, and the Secretary shall, by the 180th 

11 day after the date of enactment of this Act, reallo12 cate any funds that were not requested by such 

13 State among the States that have requested funds 

14 by the 45th day after the date of enactment of this 

15 Act. For any such reallocation of funds, the Sec16 retary shall adhere to the requirements of subsection 

17 (d), except for paragraph (1), to the greatest extent 

18 possible, provided that the Secretary shall also take 

19 into consideration in determining such reallocation a 

20 State’s remaining need and a State’s record of using 

21 payments from the Fund to serve homeowners at 

22 disproportionate risk of mortgage default, fore23 closure, or displacement, including homeowners hav24 ing incomes equal to or less than 100 percent of the 

25 area median income for their household size or 100 


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1 percent of the median income for the United States, 

2 as determined by the Secretary of Housing and 

3 Urban Development, whichever is greater, and mi4 nority homeowners. 

5 (f) TRIBAL SET-ASIDE.— 

6 (1) SET-ASIDE.—Notwithstanding any other 

7 provision of this section, of the amounts appro8 priated under subsection (a), the Secretary shall use 

9 5 percent to make payments to entities that are eli10 gible for payments under clauses (i) and (ii) of sec11 tion 501(b)(2)(A) of subtitle A of title V of division 

12 N of the Consolidated Appropriations Act, 2021 

13 (Public Law 116-260) for the purposes described in 

14 subsection (c). 

15 (2) ALLOCATION AND PAYMENT.—The Sec16 retary shall allocate the funds set aside under para17 graph (1) using the allocation formulas described in 

18 clauses (i) and (ii) of section 501(b)(2)(A) of sub19 title A of title V of division N of the Consolidated 

20 Appropriations Act, 2021 (Public Law 116-260), 

21 and shall make payments of such amounts beginning 

22 no later than 45 days after enactment of this Act to 

23 entities eligible for payment under clauses (i) and 

24 (ii) of section 501(b)(2)(A) of subtitle A of title V 

25 of division N of the Consolidated Appropriations 


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1 Act, 2021 (Public Law 116-260) that notify the Sec2 retary that they request to receive payments allo3 cated from the Fund by the Secretary for purposes 

4 described under subsection (c) and will use such 

5 payments in compliance with this section. 

6 (3) ADJUSTMENT.—Allocations provided under 

7 this subsection may be further adjusted as provided 

8 by section 501(b)(2)(B) of subtitle A of title V of di9 vision N of the Consolidated Appropriations Act, 

10 2021 (Public Law 116-260). 

11 SEC. 4108. RELIEF MEASURES FOR SECTION 502 AND 504 DI12 RECT LOAN BORROWERS. 

13 (a) APPROPRIATION.—In addition to amounts other14 wise available, there is appropriated to the Secretary of 

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

16 Treasury not otherwise appropriated, $39,000,000, to re17 main available until September 30, 2023, for direct loans 

18 made under sections 502 and 504 of the Housing Act of 

19 1949 (42 U.S.C. 1472, 1474). 

20 (b) ADMINISTRATIVE EXPENSES.—The Secretary 

21 may use not more than 3 percent of the amounts appro22 priated under this section for administrative purposes. 

23 SEC. 4109. FAIR HOUSING ACTIVITIES. 

24 (a) APPROPRIATION.—In addition to amounts other25 wise available, there is appropriated to the Secretary of 


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1 Housing and Urban Development (in this section referred 

2 to as the ‘‘Secretary’’) for fiscal year 2021, out of any 

3 money in the Treasury not otherwise appropriated, 

4 $20,000,000, to remain available until September 30, 

5 2023, for the Fair Housing Initiatives Program under sec6 tion 561 of the Housing and Community Development Act 

7 of 1987 (42 U.S.C. 3616a) to ensure fair housing organi8 zations have additional resources to address fair housing 

9 inquiries, complaints, investigations, and education and 

10 outreach activities, during or relating to the coronavirus 

11 pandemic. 

12 (b) ADMINISTRATIVE EXPENSES.—The Secretary 

13 may use not more than 3 percent of the amounts appro14 priated under this section for administrative purposes. 

15 Subtitle C—Small Business (SSBCI) 

16 SEC. 4201. STATE SMALL BUSINESS CREDIT INITIATIVE. 

17 (a) STATE SMALL BUSINESS CREDIT INITIATIVE.— 

18 (1) IN GENERAL.—The State Small Business 

19 Credit Initiative Act of 2010 (12 U.S.C. 5701 et 

20 seq.) is amended— 

21 (A) in section 3003— 

22 (i) in subsection (b)— 

23 (I) by amending paragraph (1) to 

24 read as follows: 


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1 ‘‘(1) IN GENERAL.—Not later than 30 days 

2 after the date of enactment of subsection (d), the 

3 Secretary shall allocate Federal funds to partici4 pating States so that each State is eligible to receive 

5 an amount equal to what the State would receive 

6 under the 2021 allocation, as determined under 

7 paragraph (2).’’; 

8 (II) in paragraph (2)— 

9 (aa) by striking ‘‘2009’’ 

10 each place such term appears 

11 and inserting ‘‘2021’’; 

12 (bb) by striking ‘‘2008’’ 

13 each place such term appears 

14 and inserting ‘‘2020’’; 

15 (cc) in subparagraph (A), by 

16 striking ‘‘The Secretary’’ and in17 serting ‘‘With respect to States 

18 other than Tribal governments, 

19 the Secretary’’; 

20 (dd) in subparagraph (C)(i), 

21 by striking ‘‘2007’’ and inserting 

22 ‘‘2019’’; and 

23 (ee) by adding at the end 

24 the following: 


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1 ‘‘(C) SEPARATE ALLOCATION FOR TRIBAL

2 GOVERNMENTS.— 

3 ‘‘(i) IN GENERAL.—With respect to 

4 States that are Tribal governments, the 

5 Secretary shall determine the 2021 alloca6 tion by allocating $500,000,000 among the 

7 Tribal governments in the proportion the 

8 Secretary determines appropriate, includ9 ing with consideration to available employ10 ment and economic data regarding each 

11 such Tribal government. 

12 ‘‘(ii) NOTICE OF INTENT; TIMING OF

13 ALLOCATION.—With respect to allocations 

14 to States that are Tribal governments, the 

15 Secretary may— 

16 ‘‘(I) require Tribal governments 

17 that individually or jointly wish to 

18 participate in the Program to file a 

19 notice of intent with the Secretary not 

20 later than 30 days after the date of 

21 enactment of subsection (d); and 

22 ‘‘(II) notwithstanding paragraph 

23 (1), allocate Federal funds to partici24 pating Tribal governments not later 


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1 than 60 days after the date of enact2 ment of subsection (d). 

3 ‘‘(D) EMPLOYMENT DATA.—If the Sec4 retary determines that employment data with 

5 respect to a State is unavailable from the Bu6 reau of Labor Statistics of the Department of 

7 Labor, the Secretary shall consider such other 

8 economic and employment data that is other9 wise available for purposes of determining the 

10 employment data of such State.’’; and 

11 (III) by striking paragraph (3); 

12 and 

13 (ii) in subsection (c)— 

14 (I) in paragraph (1)(A)(iii), by 

15 inserting before the period the fol16 lowing: ‘‘that have delivered loans or 

17 investments to eligible businesses’’; 

18 and 

19 (II) by amending paragraph (4) 

20 to read as follows: 

21 ‘‘(4) TERMINATION OF AVAILABILITY OF

22 AMOUNTS NOT TRANSFERRED.— 

23 ‘‘(A) IN GENERAL.—Any portion of a par24 ticipating State’s allocated amount that has not 

25 been transferred to the State under this section 


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1 may be deemed by the Secretary to be no longer 

2 allocated to the State and no longer available to 

3 the State and shall be returned to the general 

4 fund of the Treasury or reallocated as described 

5 under subparagraph (B), if— 

‘‘(i) the second 1 6 ⁄3 of a State’s allo7 cated amount has not been transferred to 

8 the State before the end of the end of the 

9 3-year period beginning on the date that 

10 the Secretary approves the State for par11 ticipation; or 

‘‘(ii) the last 1 12 ⁄3 of a State’s allocated 

13 amount has not been transferred to the 

14 State before the end of the end of the 6- 

15 year period beginning on the date that the 

16 Secretary approves the State for participa17 tion. 

18 ‘‘(B) REALLOCATION.—Any amount 

19 deemed by the Secretary to be no longer allo20 cated to a State and no longer available to such 

21 State under subparagraph (A) may be reallo22 cated by the Secretary to other participating 

23 States. In making such a reallocation, the Sec24 retary shall not take into account the minimum 

25 allocation requirements under subsection 


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1 (b)(2)(B) or the specific allocation for Tribal 

2 governments described under subsection 

3 (b)(2)(C).’’; 

4 (B) in section 3004(d), by striking ‘‘date 

5 of enactment of this Act’’ each place it appears 

6 and inserting ‘‘date of the enactment of section 

7 3003(d)’’; 

8 (C) in section 3005(b), by striking ‘‘date of 

9 enactment of this Act’’ each place it appears 

10 and inserting ‘‘date of the enactment of section 

11 3003(d)’’; 

12 (D) in section 3006(b)(4), by striking 

13 ‘‘date of enactment of this Act’’ and inserting 

14 ‘‘date of the enactment of section 3003(d)’’; 

15 (E) in section 3007(b), by striking ‘‘March 

16 31, 2011’’ and inserting ‘‘March 31, 2022’’; 

17 (F) in section 3009, by striking ‘‘date of 

18 enactment of this Act’’ each place it appears 

19 and inserting ‘‘date of the enactment of section 

20 3003(d)’’; and 

21 (G) in section 3011(b), by striking ‘‘date 

22 of the enactment of this Act’’ each place it ap23 pears and inserting ‘‘date of the enactment of 

24 section 3003(d)’’. 

25 (2) APPROPRIATION.— 


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1 (A) IN GENERAL.—In addition to amounts 

2 otherwise available, there is hereby appropriated 

3 to the Secretary of the Treasury for fiscal year 

4 2021, out of any money in the Treasury not 

5 otherwise appropriated, $10,000,000,000, to re6 main available until expended, to provide sup7 port to small businesses responding to and re8 covering from the economic effects of the 

9 COVID–19 pandemic, ensure business enter10 prises owned and controlled by socially and eco11 nomically disadvantaged individuals have access 

12 to credit and investments, provide technical as13 sistance to help small businesses applying for 

14 various support programs, and to pay reason15 able costs of administering such Initiative. 

16 (B) RESCISSION.—With respect to 

17 amounts appropriated under subparagraph 

18 (A)— 

19 (i) the Secretary of the Treasury shall 

20 complete all disbursements and remaining 

21 obligations before September 30, 2030; 

22 and 

23 (ii) any amounts that remain unex24 pended (whether obligated or unobligated) 

25 on September 30, 2030, shall be rescinded 


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1 and deposited into the general fund of the 

2 Treasury. 

3 (b) ADDITIONAL ALLOCATIONS TO SUPPORT BUSI4 NESS ENTERPRISES OWNED AND CONTROLLED BY SO5 CIALLY AND ECONOMICALLY DISADVANTAGED INDIVID6 UALS.—Section 3003 of the State Small Business Credit 

7 Initiative Act of 2010 (12 U.S.C. 5702) is amended by 

8 adding at the end the following: 

9 ‘‘(d) ADDITIONAL ALLOCATIONS TO SUPPORT BUSI10 NESS ENTERPRISES OWNED AND CONTROLLED BY SO11 CIALLY AND ECONOMICALLY DISADVANTAGED INDIVID12 UALS.—Of the amounts appropriated for fiscal year 2021 

13 to carry out the Program, the Secretary shall— 

14 ‘‘(1) allocate $1,500,000,000 to States from 

15 funds allocated under this section and, by regulation 

16 or other guidance, prescribe Program requirements 

17 that the funds be expended for business enterprises 

18 owned and controlled by socially and economically 

19 disadvantaged individuals; 

20 ‘‘(2) allocate such amounts to States based on 

21 the needs of business enterprises owned and con22 trolled by socially and economically disadvantaged 

23 individuals, as determined by the Secretary, in each 

24 State, and not subject to the allocation formula de25 scribed under subsection (b); 


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1 ‘‘(3) oversee the States’ expenditure of these 

2 funds to directly support business enterprises owned 

3 and controlled by socially and economically disadvan4 taged individuals; and 

5 ‘‘(4) establish a minimum amount of support 

6 that a State shall provide to business enterprises 

7 owned and controlled by socially and economically 

8 disadvantaged individuals. 

9 ‘‘(e) INCENTIVE ALLOCATIONS TO SUPPORT BUSI10 NESS ENTERPRISES OWNED AND CONTROLLED BY SO11 CIALLY AND ECONOMICALLY DISADVANTAGED INDIVID12 UALS.—Of the amounts appropriated for fiscal year 2021 

13 to carry out the Program, the Secretary shall set aside 

14 $1,000,000,000 for an incentive program under which the 

Secretary shall increase the second 1⁄3 and last 1 15 ⁄3 alloca16 tions for States that demonstrate robust support, as deter17 mined by the Secretary, for business concerns owned and 

18 controlled by socially and economically disadvantaged indi19 viduals in the deployment of prior allocation amounts.’’. 

20 (c) ADDITIONAL ALLOCATIONS TO SUPPORT VERY

21 SMALL BUSINESSES.—Section 3003 of the State Small 

22 Business Credit Initiative Act of 2010 (12 U.S.C. 5702), 

23 as amended by subsection (b), is further amended by add24 ing at the end the following: 


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1 ‘‘(f) ADDITIONAL ALLOCATIONS TO SUPPORT VERY

2 SMALL BUSINESSES.— 

3 ‘‘(1) IN GENERAL.—Of the amounts appro4 priated to carry out the Program, the Secretary 

5 shall allocate not less than $500,000,000 to States 

6 from funds allocated under this section to be ex7 pended for very small businesses. 

8 ‘‘(2) VERY SMALL BUSINESS DEFINED.—In this 

9 subsection, the term ‘very small business’— 

10 ‘‘(A) means a business with fewer than 10 

11 employees; and 

12 ‘‘(B) may include independent contractors 

13 and sole proprietors.’’. 

14 (d) CDFI AND MDI PARTICIPATION PLAN.—Section 

15 3004 of the State Small Business Credit Initiative Act of 

16 2010 (12 U.S.C. 5703) is amended by adding at the end 

17 the following: 

18 ‘‘(e) CDFI AND MDI PARTICIPATION PLAN.—The 

19 Secretary may not approve a State to be a participating 

20 State unless the State has provided the Secretary with a 

21 plan detailing how minority depository institutions and 

22 community development financial institutions will be en23 couraged to participate in State programs.’’. 

24 (e) PANDEMIC RESPONSE PLAN.—Section 3004 of 

25 the State Small Business Credit Initiative Act of 2010 (12 


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1 U.S.C. 5703), as amended by subsection (d), is further 

2 amended by adding at the end the following: 

3 ‘‘(f) PANDEMIC RESPONSE PLAN.—The Secretary 

4 may not approve a State to be a participating State unless 

5 the State has provided the Secretary with a description 

6 of how the State will expeditiously utilize funds to support 

7 small businesses, including business enterprises owned and 

8 controlled by socially and economically disadvantaged indi9 viduals, in responding to and recovering from the eco10 nomic effects of the COVID–19 pandemic.’’. 

11 (f) TECHNICAL ASSISTANCE.—Section 3009 of the 

12 State Small Business Credit Initiative Act of 2010 (12 

13 U.S.C. 5708) is amended by adding at the end the fol14 lowing: 

15 ‘‘(e) TECHNICAL ASSISTANCE.—Of the amounts ap16 propriated for fiscal year 2021 to carry out the Program, 

17 $500,000,000 may be used by the Secretary to— 

18 ‘‘(1) provide funds to States to carry out a 

19 technical assistance plan under which a State will 

20 provide legal, accounting, and financial advisory 

21 services, either directly or contracted with legal, ac22 counting, and financial advisory firms, with priority 

23 given to business enterprises owned and controlled 

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1 prises owned and controlled by socially and economi2 cally disadvantaged individuals applying for— 

3 ‘‘(A) State programs under the Program; 

4 and 

5 ‘‘(B) other State or Federal programs that 

6 support small businesses; 

7 ‘‘(2) transfer amounts to the Minority Business 

8 Development Agency, so that the Agency may use 

9 such amounts in a manner the Agency determines 

10 appropriate, including through contracting with 

11 third parties, to provide technical assistance to busi12 ness enterprises owned and controlled by socially 

13 and economically disadvantaged individuals applying 

14 to— 

15 ‘‘(A) State programs under the Program; 

16 and 

17 ‘‘(B) other State or Federal programs that 

18 support small businesses; and 

19 ‘‘(3) contract with legal, accounting, and finan20 cial advisory firms (with priority given to business 

21 enterprises owned and controlled by socially and eco22 nomically disadvantaged individuals), to provide 

23 technical assistance to business enterprises owned 

24 and controlled by socially and economically disadvan25 taged individuals applying to— 


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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 (g) PREDATORY LENDING PROHIBITED.—Section 

6 3004 of the State Small Business Credit Initiative Act of 

7 2010 (15 U.S.C. 5702), as amended by subsection (e), is 

8 further amended by adding at the end the following: 

9 ‘‘(g) PREDATORY LENDING PROHIBITED.—The Sec10 retary may not approve a State to be a participating State 

11 unless the State has agreed that no lending activity sup12 ported by amounts received by the State under the Pro13 gram would result in predatory lending, as determined by 

14 the Secretary.’’. 

15 (h) INCLUSION OF TRIBAL GOVERNMENTS.—Section 

16 3002(10) of the State Small Business Credit Initiative Act 

17 of 2010 (12 U.S.C. 5701(10)) is amended— 

18 (1) in subparagraph (C), by striking ‘‘and’’ at 

19 the end; 

20 (2) in subparagraph (D), by striking the period 

21 at the end and inserting ‘‘; and’’; and 

22 (3) by adding at the end the following: 

23 ‘‘(E) a Tribal government, or a group of 

24 Tribal governments that jointly apply for an al25 location.’’. 


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1 (i) 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) and means the Office of Ha22 waiian Affairs established by the Constitution of the 

23 State of Hawaii.’’. 

24 (j) RULE OF APPLICATION.—The amendments made 

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1 priated under this section and funds appropriated on and 

2 after the date of enactment of this section. 

3 Subtitle D—Airlines 

4 SEC. 4301. AIR TRANSPORTATION PAYROLL SUPPORT PRO5 GRAM EXTENSION. 

6 (a) DEFINITIONS.—The definitions in section 

7 40102(a) of title 49, United States Code, shall apply with 

8 respect to terms used in this section, except that— 

9 (1) the term ‘‘catering functions’’ means prepa10 ration, assembly, or both, of food, beverages, provi11 sions and related supplies for delivery, and the deliv12 ery of such items, directly to aircraft or to a location 

13 on or near airport property for subsequent delivery 

14 to aircraft; 

15 (2) the term ‘‘contractor’’ means— 

16 (A) a person that performs, under contract 

17 with a passenger air carrier conducting oper18 ations under part 121 of title 14, Code of Fed19 eral Regulations— 

20 (i) catering functions; or 

21 (ii) functions on the property of an 

22 airport that are directly related to the air 

23 transportation of persons, property, or 

24 mail, including the loading and unloading 

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1 sengers under part 382 of title 14, Code of 

2 Federal Regulations, security, airport 

3 ticketing and check-in functions, ground4 handling of aircraft, or aircraft cleaning 

5 and sanitization functions and waste re6 moval; or 

7 (B) a subcontractor that performs such 

8 functions; 

9 (3) the term ‘‘employee’’ means an individual, 

10 other than a corporate officer, who is employed by 

11 an air carrier or a contractor; 

12 (4) the term ‘‘eligible air carrier’’ means an air 

13 carrier that— 

14 (A) received financial assistance pursuant 

15 section 402(a)(1) of division N of the Consoli16 dated Appropriations Act, 2021 (Public Law 

17 116-260); 

18 (B) provides air transportation as of 

19 March 31, 2021; 

20 (C) has not conducted involuntary fur21 loughs or reduced pay rates or benefits between 

22 March 31, 2021, and the date on which the air 

23 carrier makes a certification to the Secretary 

24 pursuant to subparagraph (D); and 


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1 (D) certifies to the Secretary that such air 

2 carrier will— 

3 (i) refrain from conducting involun4 tary furloughs or reducing pay rates or 

5 benefits until September 30, 2021, or the 

6 date on which assistance provided under 

7 this section is exhausted, whichever is 

8 later; 

9 (ii) refrain from purchasing an equity 

10 security of the air carrier or the parent 

11 company of the air carrier that is listed on 

12 a national securities exchange through 

13 September 30, 2022; 

14 (iii) refrain from paying dividends, or 

15 making other capital distributions, with re16 spect to common stock (or equivalent inter17 est) of such air carrier through September 

18 30, 2022; 

19 (iv) during the 2-year period begin20 ning April 1, 2021, and ending April 1, 

21 2023, refrain from paying— 

22 (I) any officer or employee of the 

23 air carrier whose total compensation 

24 exceeded $425,000 in calendar year 

25 2019 (other than an employee whose 


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1 compensation is determined through 

2 an existing collective bargaining 

3 agreement entered into prior to the 

4 date of enactment of this Act)— 

5 (aa) total compensation that 

6 exceeds, during any 12 consecu7 tive months of such 2-year pe8 riod, the total compensation re9 ceived by the officer or employee 

10 from the air carrier in calendar 

11 year 2019; or 

12 (bb) severance pay or other 

13 benefits upon termination of em14 ployment with the air carrier 

15 which exceeds twice the max16 imum total compensation re17 ceived by the officer or employee 

18 from the air carrier in calendar 

19 year 2019; and 

20 (II) any officer or employee of 

21 the air carrier whose total compensa22 tion exceeded $3,000,000 in calendar 

23 year 2019 during any 12 consecutive 

24 months of such period total compensa25 tion in excess of the sum of— 


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1 (aa) $3,000,000; and 

2 (bb) 50 percent of the excess 

3 over $3,000,000 of the total com4 pensation received by the officer 

5 or employee from the air carrier 

6 in calendar year 2019. 

7 (5) the term ‘‘eligible contractor’’ means a con8 tractor that— 

9 (A) received financial assistance pursuant 

10 to section 402(a)(2) of division N of the Con11 solidated Appropriations Act, 2021 (Public Law 

12 116-260); 

13 (B) performs one or more of the functions 

14 described under paragraph (2) as of March 31, 

15 2021; 

16 (C) has not conducted involuntary fur17 loughs or reduced pay rates or benefits between 

18 March 31, 2021, and the date on which the 

19 contractor makes a certification to the Sec20 retary pursuant to subparagraph (D); and 

21 (D) certifies to the Secretary that such 

22 contractor will— 

23 (i) refrain from conducting involun24 tary furloughs or reducing pay rates or 

25 benefits until September 30, 2021, or the 


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1 date on which assistance provided under 

2 this section is exhausted, whichever is 

3 later; 

4 (ii) refrain from purchasing an equity 

5 security of the contractor or the parent 

6 company of the contractor that is listed on 

7 a national securities exchange through 

8 September 30, 2022; 

9 (iii) refrain from paying dividends, or 

10 making other capital distributions, with re11 spect to common stock (or equivalent inter12 est) of the contractor through September 

13 30, 2022; 

14 (iv) during the 2-year period begin15 ning April 1, 2021, and ending April 1, 

16 2023, refrain from paying— 

17 (I) any officer or employee of the 

18 contractor whose total compensation 

19 exceeded $425,000 in calendar year 

20 2019 (other than an employee whose 

21 compensation is determined through 

22 an existing collective bargaining 

23 agreement entered into prior to the 

24 date of enactment of this Act)— 


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1 (aa) total compensation that 

2 exceeds, during any 12 consecu3 tive months of such 2-year pe4 riod, the total compensation re5 ceived by the officer or employee 

6 from the contractor in calendar 

7 year 2019; or 

8 (bb) severance pay or other 

9 benefits upon termination of em10 ployment with the contractor 

11 which exceeds twice the max12 imum total compensation re13 ceived by the officer or employee 

14 from the contractor in calendar 

15 year 2019; and 

16 (II) any officer or employee of 

17 the contractor whose total compensa18 tion exceeded $3,000,000 in calendar 

19 year 2019 during any 12 consecutive 

20 months of such period total compensa21 tion in excess of the sum of— 

22 (aa) $3,000,000; and 

23 (bb) 50 percent of the excess 

24 over $3,000,000 of the total com25 pensation received by the officer 


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1 or employee from the contractor 

2 in calendar year 2019. 

3 (6) the term ‘‘Secretary’’ means the Secretary 

4 of the Treasury. 

5 (b) PAYROLL SUPPORT GRANTS.— 

6 (1) IN GENERAL.—To preserve aviation jobs 

7 and compensate air carrier industry workers, the 

8 Secretary shall make available to eligible air carriers 

9 and eligible contractors, financial assistance exclu10 sively for the continuation of payment of employee 

11 wages, salaries, and benefits to— 

12 (A) eligible air carriers, in an aggregate 

13 amount of $14,000,000,000; and 

14 (B) eligible contractors, in an aggregate 

15 amount of $1,000,000,000. 

16 (2) APPORTIONMENTS.— 

17 (A) IN GENERAL.—The Secretary shall ap18 portion funds to eligible air carriers and eligible 

19 contractors in accordance with the requirements 

20 of this section not later than April 15, 2021. 

21 (B) ELIGIBLE AIR CARRIERS.—The Sec22 retary shall apportion funds made available 

23 under paragraph (1)(A) to each eligible air car24 rier in the ratio that— 


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1 (i) the amount received by the air car2 rier pursuant to section 403(a) of division 

3 N of the Consolidated Appropriations Act, 

4 2021 (Public Law 116-260) bears to 

5 (ii) $15,000,000,000. 

6 (C) ELIGIBLE CONTRACTORS.—The Sec7 retary shall apportion, to each eligible con8 tractor, an amount equal to the total amount 

9 such contractor received pursuant to section 

10 403(a) of division N of the Consolidated Appro11 priations Act, 2021 (Public Law 116-260). 

12 (3) IN GENERAL.— 

13 (A) FORMS; TERMS AND CONDITIONS.— 

14 The Secretary shall provide financial assistance 

15 to an eligible air carrier or eligible contractor 

16 under this section in the same form and on the 

17 same terms and conditions as determined by 

18 pursuant to section 403(b)(1)(A) of subtitle A 

19 of title IV of division N of the Consolidated Ap20 propriations Act, 2021 (Pub. L. No. 116-260). 

21 (B) PROCEDURES.—The Secretary shall 

22 publish streamlined and expedited procedures 

23 not later than 5 days after the date of enact24 ment of this section for eligible air carriers and 


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1 eligible contractors to submit requests for fi2 nancial assistance under this section. 

3 (C) DEADLINE FOR IMMEDIATE PAYROLL

4 ASSISTANCE.—Not later than 10 days after the 

5 date of enactment of this section, the Secretary 

6 shall make initial payments to air carriers and 

7 contractors that submit requests for financial 

8 assistance approved by the Secretary. 

9 (4) TAXPAYER PROTECTION.—The Secretary 

10 shall receive financial instruments issued by recipi11 ents of financial assistance under this section in the 

12 same form and amount, and under the same terms 

13 and conditions, as determined by the Secretary 

14 under section 408 of subtitle A of title IV of division 

15 N of the Consolidated Appropriations Act, 2021 

16 (Pub. L. No. 116-260). 

17 (5) ADMINISTRATIVE EXPENSES.—Of the 

18 amounts made available under paragraph (1)(A), 

19 $10,000,000 shall be made available to the Sec20 retary for costs and administrative expenses associ21 ated with providing financial assistance under this 

22 section. 

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

24 available, there is appropriated for fiscal year 2021, out 

25 of any money in the Treasury not otherwise appropriated, 


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1 $15,000,000,000, to remain available until expended, to 

2 carry out this section. 

3 TITLE V—COMMITTEE ON 

4 OVERSIGHT AND REFORM 

5 Subtitle A—Coronavirus State and 

6 Local Fiscal Recovery Funds 

7 SEC. 5001. CORONAVIRUS STATE AND LOCAL FISCAL RE8 COVERY FUNDS. 

9 (a) IN GENERAL.—Title VI of the Social Security Act 

10 (42 U.S.C. 801 et seq.) is amended by adding at the end 

11 the following: 

12 ‘‘SEC. 602. CORONAVIRUS STATE FISCAL RECOVERY FUND. 

13 ‘‘(a) APPROPRIATION.—In addition to amounts oth14 erwise available, there is appropriated for fiscal year 2021, 

15 out of any money in the Treasury not otherwise appro16 priated, $219,800,000,000, to remain available until ex17 pended, for making payments under this section to States, 

18 territories, and Tribal governments to mitigate the fiscal 

19 effects stemming from the public health emergency with 

20 respect to the Coronavirus Disease (COVID–19). 

21 ‘‘(b) AUTHORITY TO MAKE PAYMENTS.— 

22 ‘‘(1) PAYMENTS TO TERRITORIES.— 

23 ‘‘(A) IN GENERAL.—The Secretary shall 

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1 priated under subsection (a) to make payments 

2 to the territories. 

3 ‘‘(B) ALLOCATION.—Of the amount re4 served under subparagraph (A)— 

5 ‘‘(i) 50 percent of such amount shall 

6 be allocated by the Secretary equally 

7 among each territory; and 

8 ‘‘(ii) 50 percent of such amount shall 

9 be allocated by the Secretary as an addi10 tional amount to each territory in an 

11 amount which bears the same proportion 

to 1 12 ⁄2 of the total amount reserved under 

13 subparagraph (A) as the relative popu14 lation of the territory bears to the total 

15 population of all such territories. 

16 ‘‘(C) PAYMENT.—The Secretary shall pay 

17 each territory the total of the amounts allocated 

18 for the territory under subparagraph (B). 

19 ‘‘(2) PAYMENTS TO TRIBAL GOVERNMENTS.— 

20 ‘‘(A) IN GENERAL.—The Secretary shall 

21 reserve $20,000,000,000 of the amount appro22 priated under subsection (a) to make payments 

23 to Tribal governments. 

24 ‘‘(B) ALLOCATION.—Of the amount re25 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, or trans23 ferred pursuant to section 603(c)(3), 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 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)), or a public benefit corporation 

19 involved in the transportation of passengers or 

20 cargo, a special-purpose unit of State or local gov21 ernment. 

22 ‘‘(d) CERTIFICATION OF NEED AND INTENDED

23 USES.—In order to receive a payment under this section 

24 (other than the payment made in accordance with sub25 section (b)(5)(B) of this section) or a transfer of funds 


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1 under section 603(c)(3), a State, territory, or Tribal gov2 ernment 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) of this section; and 

9 ‘‘(2) such State, territory, or Tribal govern10 ment’s intended uses of any payment under this sec11 tion, or transfer of funds under section 603(c)(3), 

12 are consistent with subsection (c) of this section. 

13 ‘‘(e) DEFINITIONS.—In this section: 

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

15 the Secretary of the Treasury. 

16 ‘‘(2) STATE.—The term ‘State’ means each of 

17 the 50 States and the District of Columbia. 

18 ‘‘(3) TERRITORY.—The term ‘territory’ means 

19 the Commonwealth of Puerto Rico, the United 

20 States Virgin Islands, Guam, the Commonwealth of 

21 the Northern Mariana Islands, and American 

22 Samoa. 

23 ‘‘(4) TRIBAL GOVERNMENT.—The term ‘Tribal 

24 Government’ means the recognized governing body 

25 of any Indian or Alaska Native tribe, band, nation, 


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1 pueblo, village, community, component band, or com2 ponent reservation, individually identified (including 

3 parenthetically) in the list published most recently as 

4 of the date of enactment of this Act pursuant to sec5 tion 104 of the Federally Recognized Indian Tribe 

6 List Act of 1994 (25 U.S.C. 5131). 

7 ‘‘SEC. 603. CORONAVIRUS LOCAL FISCAL RECOVERY FUND. 

8 ‘‘(a) APPROPRIATION.—In addition to amounts oth9 erwise available, there is appropriated for fiscal year 2021, 

10 out of any money in the Treasury not otherwise appro11 priated, $130,200,000,000, to remain available until ex12 pended, for making payments under this section to metro13 politan cities, nonentitlement units of local government, 

14 and counties to mitigate the fiscal effects stemming from 

15 the public health emergency with respect to the 

16 Coronavirus Disease (COVID–19). 

17 ‘‘(b) AUTHORITY TO MAKE PAYMENTS.— 

18 ‘‘(1) METROPOLITAN CITIES.— 

19 ‘‘(A) IN GENERAL.—Of the amount appro20 priated under subsection (a), the Secretary 

21 shall reserve $45,570,000,000 to make pay22 ments to metropolitan cities. 

23 ‘‘(B) ALLOCATION AND PAYMENT.—From 

24 the amount reserved under subparagraph (A), 

25 the Secretary shall estimate, allocate, and pay, 


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1 to each metropolitan city an amount determined 

2 for the metropolitan city consistent with the 

3 formula under section 106(b) of the Housing 

4 and Community Development Act of 1974 (42 

5 U.S.C. 5306(b)), except that, in applying such 

6 formula, the Secretary shall substitute ‘all met7 ropolitan cities’ for ‘all metropolitan areas’ each 

8 place it appears. 

9 ‘‘(2) NONENTITLEMENT UNITS OF LOCAL GOV10 ERNMENT.— 

11 ‘‘(A) IN GENERAL.—Of the amount appro12 priated under subsection (a), the Secretary 

13 shall reserve $19,530,000,000 to make pay14 ments to States for distribution by the State to 

15 nonentitlement units of local government in the 

16 State. 

17 ‘‘(B) ALLOCATION AND PAYMENT.—From 

18 the amount reserved under subparagraph (A), 

19 the Secretary shall allocate and pay to each 

20 State an amount which bears the same propor21 tion to such reserved amount as the total popu22 lation of all areas that are non-metropolitan cit23 ies in the State bears to the total population of 

24 all areas that are non-metropolitan cities in all 

25 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 

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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 in an 

14 amount which bears the same proportion to the 

15 total amount reserved under this paragraph as 

16 the relative population of each such county 

17 bears to the total population of all such entities. 

18 ‘‘(B) SPECIAL RULES.— 

19 ‘‘(i) URBAN COUNTIES.—No county 

20 that is an ‘urban county’ (as defined in 

21 section 102 of the Housing and Commu22 nity Development Act of 1974 (42 U.S.C. 

23 5302)) shall receive less than the amount 

24 the county would otherwise receive if the 

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1 located to metropolitan cities and urban 

2 counties under section 106(b) of the Hous3 ing and Community Development Act of 

4 1974 (42 U.S.C. 5306(b)). 

5 ‘‘(ii) COUNTIES THAT ARE NOT UNITS

6 OF GENERAL LOCAL GOVERNMENT.—In 

7 the case of an amount to be paid to a 

8 county that is not a unit of general local 

9 government, the amount shall instead be 

10 paid to the State in which such county is 

11 located, and such State shall distribute 

12 such amount to units of general local gov13 ernment within such county in an amounts 

14 that bear the same proportion as the popu15 lation of such units of general local govern16 ment bear to the total population of such 

17 county. 

18 ‘‘(iii) DISTRICT OF COLUMBIA.—For 

19 purposes of this paragraph, the District of 

20 Columbia shall be considered to consist of 

21 a single county that is a unit of general 

22 local government. 

23 ‘‘(4) CONSOLIDATED GOVERNMENTS.—A unit 

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1 tained (in full or in part) within the boundaries of 

2 another unit of general local government may receive 

3 a distribution under each of paragraphs (1), (2), and 

4 (3), as applicable, based on the respective formulas 

5 specified in such paragraphs. 

6 ‘‘(5) PRO RATA ADJUSTMENT AUTHORITY.— 

7 The amounts otherwise determined for allocation 

8 and payment under paragraphs (1), (2), and (3) 

9 may be adjusted by the Secretary on a pro rata 

10 basis to the extent necessary to ensure that all avail11 able funds are distributed to metropolitan cities, 

12 counties, and States in accordance with the require13 ments specified in each paragraph (as applicable) 

14 and the certification requirement specified in sub15 section (d). 

16 ‘‘(6) POPULATION.—For purposes of deter17 mining allocations under this section, the population 

18 of an entity shall be determined based on the most 

19 recent data are available from the Bureau of the 

20 Census or, if not available, from such other data as 

21 a State determines appropriate. 

22 ‘‘(7) TIMING.—To the extent practicable— 

23 ‘‘(A) with respect to each metropolitan city 

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1 graph (3), the Secretary shall make the pay2 ment required for the metropolitan city or coun3 ty (as applicable) not later than 60 days after 

4 the date on which the certification required 

5 under subsection (d) is provided to the Sec6 retary; and 

7 ‘‘(B) with respect to the payments allo8 cated to States under paragraph (2) for dis9 tribution to nonentitlement units of local gov10 ernment, the Secretary shall make such pay11 ments not later than 60 days after the date of 

12 enactment of this section. 

13 ‘‘(c) REQUIREMENTS.— 

14 ‘‘(1) USE OF FUNDS.—Except as provided in 

15 paragraph (3), a metropolitan city, nonentitlement 

16 unit of local government, or county receiving a pay17 ment from funds made available under this section 

18 shall only use such amounts to— 

19 ‘‘(A) respond to or mitigate the public 

20 health emergency with respect to the 

21 Coronavirus Disease 2019 (COVID–19) or its 

22 negative economic impacts; 

23 ‘‘(B) cover costs incurred as a result of 

24 such emergency; 


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1 ‘‘(C) replace revenue that was lost, de2 layed, or decreased (as determined based on 

3 revenue projections for the metropolitan city, 

4 nonentitlement unit of local government, or 

5 county as of January 27, 2020) as a result of 

6 such emergency; or 

7 ‘‘(D) address the negative economic im8 pacts of such emergency. 

9 ‘‘(2) TRANSFER AUTHORITY.—A metropolitan 

10 city, nonentitlement unit of local government, or 

11 county receiving a payment from funds made avail12 able under this section may transfer funds to a pri13 vate nonprofit organization (as that term is defined 

14 in paragraph (17) of section 401 of the McKinney15 Vento Homeless Assistance Act (42 U.S.C. 

16 11360(17)), a public benefit corporation involved in 

17 the transportation of passengers or cargo, or a spe18 cial-purpose unit of State or local government. 

19 ‘‘(3) TRANSFERS TO STATES.—Notwithstanding 

20 paragraph (1) of this subsection, a metropolitan city, 

21 nonentitlement unit of local government, or county 

22 receiving a payment from funds made available 

23 under this section may transfer such funds to the 

24 State in which such entity is located. 


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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 ‘city’ (as that term is defined 

6 in section 102(a)(5) of the Housing and Community 

7 Development Act of 1974 (42 U.S.C. 5302(a)(5))) 

8 that is not a metropolitan city. 

9 ‘‘(4) SECRETARY.—The term ‘Secretary’ means 

10 the Secretary of the Treasury. 

11 ‘‘(5) STATE.—The term ‘State’ means each of 

12 the 50 States, the District of Columbia, the Com13 monwealth of Puerto Rico, the United States Virgin 

14 Islands, Guam, the Commonwealth of the Northern 

15 Mariana Islands, and American Samoa. 

16 ‘‘(6) UNIT OF GENERAL LOCAL GOVERN17 MENT.—The term ‘unit of general local government’ 

18 has the meaning given that term in section 

19 102(a)(1) of the Housing and Community Develop20 ment Act of 1974 (42 U.S.C. 5302(a)(1)).’’. 

21 (b) TECHNICAL AMENDMENT.—The heading for title 

22 VI of the Social Security Act (42 U.S.C. 801 et seq.) is 

23 amended by striking ‘‘FUND’’ and inserting ‘‘AND 

24 FISCAL RECOVERY FUNDS’’. 


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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, which shall be deposited into the Fund and 

12 remain available through September 30, 2022. The Fund 

13 is available for reasonable expenses incurred by the Office 

14 of Personnel Management in administering this section. 

15 (b) PURPOSE.—Amounts in the Fund shall be avail16 able for reimbursement to an agency for the use of paid 

17 leave under this section by any employee of the agency 

18 who is unable to work because the employee— 

19 (1) is subject to a Federal, State, or local quar20 antine or isolation order related to COVID–19; 

21 (2) has been advised by a health care provider 

22 to self-quarantine due to concerns related to 

23 COVID–19; 

24 (3) is caring for an individual who is subject to 

25 such an order or has been so advised; 


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1 (4) is experiencing symptoms of COVID–19 

2 and seeking a medical diagnosis; 

3 (5) is caring for a son or daughter of such em4 ployee if the school or place of care of the son or 

5 daughter has been closed, if the school of such son 

6 or daughter requires or makes optional a virtual 

7 learning instruction model or requires or makes op8 tional a hybrid of in-person and virtual learning in9 struction models, or the child care provider of such 

10 son or daughter is unavailable, due to COVID–19 

11 precautions; 

12 (6) is experiencing any other substantially simi13 lar condition; 

14 (7) is caring for a family member with a mental 

15 or physical disability or who is 55 years of age or 

16 older and incapable of self-care, without regard to 

17 whether another individual other than the employee 

18 is available to care for such family member, if the 

19 place of care for such family member is closed or the 

20 direct care provider is unavailable due to COVID– 

21 19; or 

22 (8) is obtaining immunization related to 

23 COVID–19 or to recover from any injury, disability, 

24 illness, or condition related to such immunization. 

25 (c) LIMITATIONS.— 


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1 (1) PERIOD OF AVAILABILITY.—Paid leave 

2 under this section may only be provided to and used 

3 by an employee during the period beginning on the 

4 date of enactment of this Act and ending on Sep5 tember 30, 2021. 

6 (2) TOTAL HOURS; AMOUNT.—Paid leave under 

7 this section— 

8 (A) shall be provided to an employee in an 

9 amount not to exceed 600 hours of paid leave 

10 for each full-time employee, and in the case of 

11 a part-time employee, employee on an uncom12 mon tour of duty, or employee with a seasonal 

13 work schedule, in an amount not to exceed the 

14 proportional equivalent of 600 hours to the ex15 tent amounts in the Fund remain available for 

16 reimbursement; 

17 (B) shall be paid at the same hourly rate 

18 as other leave payments; and 

19 (C) may not be provided to an employee if 

20 the leave would result in payments greater than 

21 $2,800 in aggregate for any biweekly pay pe22 riod for a full-time employee, or a proportion23 ally equivalent biweekly limit for a part-time 

24 employee. 


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1 (3) RELATIONSHIP TO OTHER LEAVE.—Paid 

2 leave under this section— 

3 (A) is in addition to any other leave pro4 vided to an employee; and 

5 (B) may not be used by an employee con6 currently with any other paid leave. 

7 (4) CALCULATION OF RETIREMENT BENEFIT.— 

8 Any paid leave provided to an employee under this 

9 section shall reduce the total service used to cal10 culate any Federal civilian retirement benefit. 

11 (d) EMPLOYEE DEFINED.—In this section, the term 

12 ‘‘employee’’ means— 

13 (1) an individual in the executive branch for 

14 whom annual and sick leave is provided under sub15 chapter I of chapter 63 of title 5, United States 

16 Code; 

17 (2) an individual employed by the United States 

18 Postal Service; 

19 (3) an individual employed by the Postal Regu20 latory Commission; and 

21 (4) an employee of the Public Defender Service 

22 for the District of Columbia and the District of Co23 lumbia Courts. 


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1 SEC. 5112. FUNDING FOR THE GOVERNMENT ACCOUNT2 ABILITY OFFICE. 

3 In addition to amounts otherwise available, there is 

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

5 the Treasury not otherwise appropriated, $77,000,000, to 

6 remain available until September 30, 2025, for necessary 

7 expenses of the Government Accountability Office to pre8 vent, prepare for, and respond to Coronavirus and to sup9 port oversight of the Coronavirus response and of funds 

10 provided in this Act or any other Act pertaining to the 

11 Coronavirus pandemic. 

12 SEC. 5113. PANDEMIC RESPONSE ACCOUNTABILITY COM13 MITTEE FUNDING AVAILABILITY. 

14 In addition to amounts otherwise available, there is 

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

16 the Treasury not otherwise appropriated, $40,000,000, to 

17 remain available until September 30, 2025, for the Pan18 demic Response Accountability Committee to promote 

19 transparency and support oversight of the Coronavirus re20 sponse and of funds provided in this Act or any other Act 

21 pertaining to the Coronavirus pandemic. 

22 SEC. 5114. FUNDING FOR THE WHITE HOUSE. 

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, $12,800,000, to 

26 remain available until September 30, 2021, for necessary 


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1 expenses for the White House, to prevent, prepare for, and 

2 respond to coronavirus. 

3 TITLE VI—COMMITTEE ON 

4 SMALL BUSINESS 

5 SEC. 6001. MODIFICATIONS TO PAYCHECK PROTECTION 

6 PROGRAM. 

7 (a) ELIGIBILITY OF CERTAIN NONPROFIT ENTITIES

8 FOR COVERED LOANS UNDER THE PAYCHECK PROTEC9 TION PROGRAM.— 

10 (1) IN GENERAL.—Section 7(a)(36) of the 

11 Small Business Act (15 U.S.C. 636(a)(36)), as 

12 amended by the Economic Aid to Hard-Hit Small 

13 Businesses, Nonprofits, and Venues Act (title III of 

14 division N of Public Law 116–260), is amended— 

15 (A) in subparagraph (A)— 

16 (i) in clause (xv), by striking ‘‘and’’ at 

17 the end; 

18 (ii) in clause (xvi), by striking the pe19 riod at the end and inserting ‘‘; and’’; and 

20 (iii) by adding at the end the fol21 lowing: 

22 ‘‘(xvii) the term ‘additional covered 

23 nonprofit entity’— 

24 ‘‘(I) means an organization de25 scribed in any paragraph of section 


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1 501(c) of the Internal Revenue Code 

2 of 1986, other than paragraph (3), 

3 (4), (6), or (19), and exempt from tax 

4 under section 501(a) of such Code; 

5 and 

6 ‘‘(II) does not include any entity 

7 that, if the entity were a business con8 cern, would be described in section 

9 120.110 of title 13, Code of Federal 

10 Regulations (or in any successor regu11 lation or other related guidance or 

12 rule that may be issued by the Admin13 istrator) other than a business con14 cern described in paragraph (a) or (k) 

15 of such section.’’; and 

16 (B) in subparagraph (D)— 

17 (i) in clause (iii), by adding at the end 

18 the following: 

19 ‘‘(III) ELIGIBILITY OF CERTAIN

20 ORGANIZATIONS.—Subject to the pro21 visions in this subparagraph, during 

22 the covered period— 

23 ‘‘(aa) a nonprofit organiza24 tion shall be eligible to receive a 

25 covered loan if the nonprofit orVerDate Sep 11 2014 23:55 Mar 02, 2021 Jkt 019200 PO 00000 Frm 00299 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.PCS H1319

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1 ganization employs not more 

2 than 500 employees per physical 

3 location of the organization; and 

4 ‘‘(bb) an additional covered 

5 nonprofit entity and an organiza6 tion that, but for subclauses 

7 (I)(dd) and (II)(dd) of clause 

8 (vii), would be eligible for a cov9 ered loan under clause (vii) shall 

10 be eligible to receive a covered 

11 loan if the entity or organization 

12 employs not more than 300 em13 ployees per physical location of 

14 the entity or organization.’’; 

15 (ii) in clause (iv)— 

16 (I) in subclause (III), by striking 

17 ‘‘and’’ at the end; 

18 (II) in subclause (IV)— 

19 (aa) by striking ‘‘(aa)’’; 

20 (bb) by striking ‘‘; or’’ and 

21 inserting a semicolon; and 

22 (cc) by striking item (bb); 

23 and 

24 (III) by adding at the end the 

25 following: 


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1 ‘‘(V) any nonprofit organization, 

2 additional covered nonprofit entity, or 

3 any organization made eligible for a 

4 loan under clause (vii); and’’; and 

5 (iii) by striking clause (vi) and insert6 ing the following: 

7 ‘‘(vi) ELIGIBILITY OF ADDITIONAL

8 COVERED NONPROFIT ENTITIES.—An addi9 tional covered nonprofit entity shall be eli10 gible to receive a covered loan if— 

11 ‘‘(I) the additional covered non12 profit entity does not receive more 

13 than 15 percent of its receipts from 

14 lobbying activities; 

15 ‘‘(II) the lobbying activities of 

16 the additional covered nonprofit entity 

17 do not comprise more than 15 percent 

18 of the total activities of the organiza19 tion; 

20 ‘‘(III) the cost of the lobbying ac21 tivities of the additional covered non22 profit entity did not exceed 

23 $1,000,000 during the most recent 

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1 profit entity that ended prior to Feb2 ruary 15, 2020; and 

3 ‘‘(IV) the additional covered non4 profit entity employs not more than 

5 300 employees.’’. 

6 (2) ELIGIBILITY FOR SECOND DRAW LOANS.— 

7 Paragraph (37)(A)(i) of section 7(a) of the Small 

8 Business Act (15 U.S.C. 636(a)), as added by the 

9 Economic Aid to Hard-Hit Small Businesses, Non10 profits, and Venues Act (title III of division N of 

11 Public Law 116–260), is amended by inserting ‘‘ ‘ad12 ditional covered nonprofit entity’,’’ after ‘‘the 

13 terms’’. 

14 (b) ELIGIBILITY OF INTERNET PUBLISHING ORGANI15 ZATIONS FOR COVERED LOANS UNDER THE PAYCHECK

16 PROTECTION PROGRAM.— 

17 (1) IN GENERAL.—Section 7(a)(36)(D) of the 

18 Small Business Act (15 U.S.C. 636(a)(36)(D)), as 

19 amended by subsection (a), is further amended— 

20 (A) in clause (iii), by adding at the end the 

21 following: 

22 ‘‘(IV) ELIGIBILITY OF INTERNET

23 PUBLISHING ORGANIZATIONS.—A 

24 business concern or other organization 

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1 ered loan the day before the date of 

2 enactment of this subclause, is as3 signed a North American Industry 

4 Classification System code of 519130, 

5 certifies in good faith as an Internet6 only news publisher or Internet-only 

7 periodical publisher, and is engaged in 

8 the collection and distribution of local 

9 or regional and national news and in10 formation shall be eligible to receive a 

11 covered loan for the continued provi12 sion of news, information, content, or 

13 emergency information if— 

14 ‘‘(aa) the business concern 

15 or organization employs not more 

16 than 500 employees, or the size 

17 standard established by the Ad18 ministrator for that North Amer19 ican Industry Classification code, 

20 per physical location of the busi21 ness concern or organization; and 

22 ‘‘(bb) the business concern 

23 or organization makes a good 

24 faith certification that proceeds 

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1 port expenses at the component 

2 of the business concern or orga3 nization that supports local or re4 gional news.’’; 

5 (B) in clause (iv), by adding at the end the 

6 following: 

7 ‘‘(VI) any business concern or 

8 other organization that was not eligi9 ble to receive a covered loan the day 

10 before the date of enactment of this 

11 subclause, is assigned a North Amer12 ican Industry Classification System 

13 code of 519130, certifies in good faith 

14 as an Internet-only news publisher or 

15 Internet-only periodical publisher, and 

16 is engaged in the collection and dis17 tribution of local or regional and na18 tional news and information, if the 

19 business concern or organization— 

20 ‘‘(aa) employs not more 

21 than 500 employees, or the size 

22 standard established by the Ad23 ministrator for that North Amer24 ican Industry Classification code, 


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1 per physical location of the busi2 ness concern or organization; and 

3 ‘‘(bb) is majority owned or 

4 controlled by a business concern 

5 or organization that is assigned a 

6 North American Industry Classi7 fication System code of 

8 519130.’’; 

9 (C) in clause (v), by striking ‘‘clause 

10 (iii)(II), (iv)(IV), or (vii)’’ and inserting ‘‘sub11 clause (II), (III), or (IV) of clause (iii), sub12 clause (IV) or (VI) of clause (iv), clause (vi), or 

13 clause (vii)’’; and 

14 (D) in clause (viii)(II)— 

15 (i) by striking ‘‘business concern made 

16 eligible by clause (iii)(II) or clause (iv)(IV) 

17 of this subparagraph’’ and inserting ‘‘busi18 ness concern made eligible by subclause 

19 (II) or (IV) of clause (iii) or subclause (IV) 

20 or (VI) of clause (iv) of this subpara21 graph’’; and 

22 (ii) by inserting ‘‘or organization’’ 

23 after ‘‘business concern’’ each place it ap24 pears. 


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1 (2) ELIGIBILITY FOR SECOND DRAW LOANS.— 

2 Section 7(a)(37)(A)(iv)(II) of the Small Business 

3 Act, as amended by the Economic Aid to Hard-Hit 

4 Small Businesses, Nonprofits, and Venues Act (title 

5 III of division N of Public Law 116–260), is amend6 ed by striking ‘‘clause (iii)(II), (iv)(IV), or (vii)’’ and 

7 inserting ‘‘subclause (II) or (III) of clause (iii), sub8 clause (IV) or (V) of clause (iv), clause (vi), or 

9 clause (vii)’’. 

10 (c) COORDINATION WITH CONTINUATION COVERAGE

11 PREMIUM ASSISTANCE.— 

12 (1) PAYCHECK PROTECTION PROGRAM.—Sec13 tion 7A(a)(12) of the Small Business Act (as redes14 ignated, transferred, and amended by section 304(b) 

15 of the Economic Aid to Hard-Hit Small Businesses, 

16 Nonprofits, and Venues Act (Public Law 116–260)) 

17 is amended— 

18 (A) by striking ‘‘CARES Act or’’ and in19 serting ‘‘CARES Act,’’; and 

20 (B) by inserting before the period at the 

21 end the following: ‘‘, or premiums taken into 

22 account in determining the credit allowed under 

23 section 6432 of the Internal Revenue Code of 

24 1986’’. 


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1 (2) PAYCHECK PROTECTION PROGRAM SECOND

2 DRAW.—Section 7(a)(37)(J)(iii)(I) of the Small 

3 Business Act, as amended by the Economic Aid to 

4 Hard-Hit Small Businesses, Nonprofits, and Venues 

5 Act (title III of division N of Public Law 116–260), 

6 is amended— 

7 (A) by striking ‘‘or’’ at the end of item 

8 (aa); 

9 (B) by striking the period at the end of 

10 item (bb) and inserting ‘‘; or’’; and 

11 (C) by adding at the end the following new 

12 item: 

13 ‘‘(cc) premiums taken into 

14 account in determining the credit 

15 allowed under section 6432 of the 

16 Internal Revenue Code of 1986.’’. 

17 (3) APPLICABILITY.—The amendments made 

18 by this subsection shall apply only with respect to 

19 applications for forgiveness of covered loans made 

20 under paragraphs (36) or (37) of section 7(a) of the 

21 Small Business Act, as amended by the Economic 

22 Aid to Hard-Hit Small Businesses, Nonprofits, and 

23 Venues Act (title III of division N of Public Law 

24 116–260), that are received on or after the date of 

25 the enactment of this Act. 


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1 (d) COMMITMENT AUTHORITY AND APPROPRIA2 TIONS.— 

3 (1) COMMITMENT AUTHORITY.—Section 

4 1102(b)(1) of the CARES Act (Public Law 116– 

5 136) is amended by striking ‘‘$806,450,000,000’’ 

6 and inserting ‘‘$813,700,000,000’’. 

7 (2) DIRECT APPROPRIATIONS.—In addition to 

8 amounts otherwise available, there is appropriated to 

9 the Administrator of the Small Business Administra10 tion for fiscal year 2021, out of any money in the 

11 Treasury not otherwise appropriated, 

12 $7,250,000,000, to remain available until expended, 

13 for carrying out this section. 

14 SEC. 6002. TARGETED EIDL ADVANCE. 

15 (a) DEFINITIONS.—In this section— 

16 (1) the term ‘‘Administrator’’ means the Ad17 ministrator of the Small Business Administration; 

18 (2) the terms ‘‘covered entity’’ and ‘‘economic 

19 loss’’ have the meanings given the terms in section 

20 331(a) of the Economic Aid to Hard-Hit Small 

21 Businesses, Nonprofits, and Venues Act (title III of 

22 division N of Public Law 116–260); 

23 (3) the term ‘‘severely impacted small business’’ 

24 means a covered entity that— 


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1 (A) has suffered an economic loss of great2 er than 50 percent; and 

3 (B) employs not more than 10 employees; 

4 (4) the term ‘‘substantially impacted small busi5 ness’’ means a covered entity that— 

6 (A) employs not more than 10 employees; 

7 and 

8 (B) is not a severely impacted small busi9 ness; and 

10 (5) the term ‘‘supplemental payment’’ means a 

11 payment— 

12 (A) made by the Administrator under sec13 tion 1110(e) of the CARES Act (15 U.S.C. 

14 9009(e)) to a severely impacted small business 

15 or a substantially impacted small business; 

16 (B) in an amount that is $5,000; and 

17 (C) that, with respect to a covered entity, 

18 is in addition to any payment made to the cov19 ered entity under section 1110(e) of the 

20 CARES Act (15 U.S.C. 9009(e)) or section 331 

21 of the Economic Aid to Hard-Hit Small Busi22 nesses, Nonprofits, and Venues Act (title III of 

23 division N of Public Law 116–260). 

24 (b) PAYMENTS.—The Administrator shall take the 

25 following actions: 


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1 (1) Not later than 14 days after the date of the 

2 enactment of this subsection, the Administrator shall 

3 begin processing applications for payments, and may 

4 make payments, to covered entities that have not re5 ceived the full amounts to which the covered entities 

6 are entitled under section 331 of the Economic Aid 

7 to Hard-Hit Small Businesses, Nonprofits, and 

8 Venues Act (title III of division N of Public Law 

9 116–260). 

10 (2)(A) During the 14-day period beginning on 

11 the date that is 28 days after the date of enactment 

12 of this subsection, and subject to the availability of 

13 funds, the Administrator shall— 

14 (i) begin processing applications for sup15 plemental payments to severely impacted small 

16 businesses; and 

17 (ii) continue to process applications for the 

18 payments described in paragraph (1). 

19 (B) During the period described in subpara20 graph (A), the Administrator may make supple21 mental payments to severely impacted small busi22 nesses, and payments described in paragraph (1), in 

23 the order that the Administrator receives applica24 tions for those payments. 


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1 (3)(A) Beginning on the date that is 42 days 

2 after the date of enactment of this subsection, and 

3 subject to the availability of funds, the Adminis4 trator shall— 

5 (i) begin processing applications for sup6 plemental payments to substantially impacted 

7 small businesses; and 

8 (ii) continue to process applications for the 

9 supplemental payments described in paragraph 

10 (2) and payments described in paragraph (1). 

11 (B) During the period described in subpara12 graph (A), the Administrator may make supple13 mental payments to substantially impacted small 

14 businesses, supplemental payments described in 

15 paragraph (2), and payments described in paragraph 

16 (1), in the order that the Administrator receives ap17 plications for those payments. 

18 (c) APPROPRIATIONS.—In addition to amounts other19 wise available, there is appropriated to the Administrator 

20 for fiscal year 2021, out of any money in the Treasury 

21 not otherwise appropriated, $15,000,000,000, to remain 

22 available until expended, for carrying out this section. 

23 SEC. 6003. SUPPORT FOR RESTAURANTS. 

24 (a) DEFINITIONS.—In this section: 


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1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Small Busi3 ness Administration. 

4 (2) AFFILIATED BUSINESS.—The term ‘‘affili5 ated business’’ means a business in which an eligible 

6 entity has an equity or right to profit distributions 

7 of not less than 50 percent, or in which an eligible 

8 entity has the contractual authority to control the 

9 direction of the business, provided that such affili10 ation shall be determined as of any arrangements or 

11 agreements in existence as of March 13, 2020. 

12 (3) COVERED PERIOD.—The term ‘‘covered pe13 riod’’ means the period— 

14 (A) beginning on February 15, 2020; and 

15 (B) ending on December 31, 2021, or a 

16 date to be determined by the Administrator 

17 that is not later than 2 years after the date of 

18 enactment of this section. 

19 (4) ELIGIBLE ENTITY.—The term ‘‘eligible enti20 ty’’— 

21 (A) means a restaurant, food stand, food 

22 truck, food cart, caterer, saloon, inn, tavern, 

23 bar, lounge, brewpub, tasting room, taproom, li24 censed facility or premise of a beverage alcohol 

25 producer where the public may taste, sample, or 


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1 purchase products, or other similar place of 

2 business in which the public or patrons assem3 ble for the primary purpose of being served food 

4 or drink; 

5 (B) includes an entity described in sub6 paragraph (A) that is located in an airport ter7 minal or that is a Tribally-owned concern; and 

8 (C) does not include— 

9 (i) an entity described in subpara10 graph (A) that— 

11 (I) is a State or local govern12 ment-operated business; 

13 (II) as of March 13, 2020, owns 

14 or operates (together with any affili15 ated business) more than 20 locations, 

16 regardless of whether those locations 

17 do business under the same or mul18 tiple names; or 

19 (III) has a pending application 

20 for or has received a grant under sec21 tion 324 of the Economic Aid to 

22 Hard-Hit Small Businesses, Non23 profits, and Venues Act (title III of 

24 division N of Public Law 116–260); 

25 or 


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1 (ii) a publicly-traded company. 

2 (5) EXCHANGE; ISSUER; SECURITY.—The terms 

3 ‘‘exchange’’, ‘‘issuer’’, and ‘‘security’’ have the 

4 meanings given those terms in section 3(a) of the 

5 Securities Exchange Act of 1934 (15 U.S.C. 78c(a)). 

6 (6) FUND.—The term ‘‘Fund’’ means the Res7 taurant Revitalization Fund established under sub8 section (b). 

9 (7) PANDEMIC-RELATED REVENUE LOSS.—The 

10 term ‘‘pandemic-related revenue loss’’ means, with 

11 respect to an eligible entity— 

12 (A) except as provided in subparagraphs 

13 (B), (C), and (D), the gross receipts, as estab14 lished using such verification documentation as 

15 the Administrator may require, of the eligible 

16 entity during 2020 subtracted from the gross 

17 receipts of the eligible entity in 2019, if such 

18 sum is greater than zero; 

19 (B) if the eligible entity was not in oper20 ation for the entirety of 2019— 

21 (i) the difference between— 

22 (I) the product obtained by mul23 tiplying the average monthly gross re24 ceipts of the eligible entity in 2019 by 

25 12; and 


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1 (II) the product obtained by mul2 tiplying the average monthly gross re3 ceipts of the eligible entity in 2020 by 

4 12; or 

5 (ii) an amount based on a formula de6 termined by the Administrator; 

7 (C) if the eligible entity opened during the 

8 period beginning on January 1, 2020, and end9 ing on the day before the date of enactment of 

10 this section— 

11 (i) the expenses described in sub12 section (c)(5)(A) that were incurred by the 

13 eligible entity minus any gross receipts re14 ceived; or 

15 (ii) an amount based on a formula de16 termined by the Administrator; or 

17 (D) if the eligible entity has not yet opened 

18 as of the date of application for a grant under 

19 subsection (c), but has incurred expenses de20 scribed in subsection (c)(5)(A) as of the date of 

21 enactment of this section— 

22 (i) the amount of those expenses; or 

23 (ii) an amount based on a formula de24 termined by the Administrator. 


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1 For purposes of this paragraph, the pandemic-re2 lated revenue losses for an eligible entity shall be re3 duced by any amounts received from a covered loan 

4 made under paragraph (36) or (37) of section 7(a) 

5 of the Small Business Act (15 U.S.C. 636(a)) in 

6 2020 or 2021. 

7 (8) PAYROLL COSTS.—The term ‘‘payroll costs’’ 

8 has the meaning given the term in section 

9 7(a)(36)(A) of the Small Business Act (15 U.S.C. 

10 636(a)(36)(A)), except that such term shall not in11 clude— 

12 (A) qualified wages (as defined in sub13 section (c)(3) of section 2301 of the CARES 

14 Act) taken into account in determining the 

15 credit allowed under such section 2301; or 

16 (B) premiums taken into account in deter17 mining the credit allowed under section 6432 of 

18 the Internal Revenue Code of 1986. 

19 (9) PUBLICLY-TRADED COMPANY.—The term 

20 ‘‘publicly-traded company’’ means an entity that is 

21 majority owned or controlled by an entity that is an 

22 issuer, the securities of which are listed on a na23 tional securities exchange under section 6 of the Se24 curities Exchange Act of 1934 (15 U.S.C. 78f). 


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1 (10) TRIBALLY-OWNED CONCERN.—The term 

2 ‘‘Tribally-owned concern’’ has the meaning given the 

3 term in section 124.3 of title 13, Code of Federal 

4 Regulations, or any successor regulation. 

5 (b) RESTAURANT REVITALIZATION FUND.— 

6 (1) IN GENERAL.—There is established in the 

7 Treasury of the United States a fund to be known 

8 as the Restaurant Revitalization Fund. 

9 (2) APPROPRIATIONS.— 

10 (A) IN GENERAL.—In addition to amounts 

11 otherwise available, there is appropriated to the 

12 Restaurant Revitalization Fund for fiscal year 

13 2021, out of any money in the Treasury not 

14 otherwise appropriated, $25,000,000,000, to re15 main available until expended. 

16 (B) DISTRIBUTION.— 

17 (i) IN GENERAL.—Of the amounts 

18 made available under subparagraph (A)— 

19 (I) $5,000,000,000 shall be avail20 able to eligible entities with gross re21 ceipts during 2019 of not more than 

22 $500,000; and 

23 (II) $20,000,000,000 shall be 

24 available to the Administrator to 

25 award grants under subsection (c) in 


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1 an equitable manner to eligible enti2 ties of different sizes based on annual 

3 gross receipts. 

4 (ii) ADJUSTMENTS.—The Adminis5 trator may make adjustments as necessary 

6 to the distribution of funds under clause 

7 (i)(II) based on demand and the relative 

8 local costs in the markets in which eligible 

9 entities operate. 

10 (C) GRANTS AFTER INITIAL PERIOD.— 

11 Notwithstanding subparagraph (B), on and 

12 after the date that is 60 days after the date of 

13 enactment of this section, or another period of 

14 time determined by the Administrator, the Ad15 ministrator may make grants using amounts 

16 appropriated under subparagraph (A) to any el17 igible entity regardless of the annual gross re18 ceipts of the eligible entity. 

19 (3) USE OF FUNDS.—The Administrator shall 

20 use amounts in the Fund to make grants described 

21 in subsection (c). 

22 (c) RESTAURANT REVITALIZATION GRANTS.— 

23 (1) IN GENERAL.—Except as provided in sub24 section (b) and paragraph (3), the Administrator 

25 shall award grants to eligible entities in the order in 


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1 which applications are received by the Adminis2 trator. 

3 (2) APPLICATION.— 

4 (A) CERTIFICATION.—An eligible entity 

5 applying for a grant under this subsection shall 

6 make a good faith certification that— 

7 (i) the uncertainty of current eco8 nomic conditions makes necessary the 

9 grant request to support the ongoing oper10 ations of the eligible entity; and 

11 (ii) the eligible entity has not applied 

12 for or received a grant under section 324 

13 of the Economic Aid to Hard-Hit Small 

14 Businesses, Nonprofits, and Venues Act 

15 (title III of division N of Public Law 116– 

16 260). 

17 (B) BUSINESS IDENTIFIERS.—In accepting 

18 applications for grants under this subsection, 

19 the Administrator shall prioritize the ability of 

20 each applicant to use their existing business 

21 identifiers over requiring other forms of reg22 istration or identification that may not be com23 mon to their industry and imposing additional 

24 burdens on applicants. 

25 (3) PRIORITY IN AWARDING GRANTS.— 


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1 (A) IN GENERAL.—During the initial 21- 

2 day period in which the Administrator awards 

3 grants under this subsection, the Administrator 

4 shall prioritize awarding grants to eligible enti5 ties that are small business concerns owned and 

6 controlled by women (as defined in section 3(n) 

7 of the Small Business Act (15 U.S.C. 632(n))), 

8 small business concerns owned and controlled 

9 by veterans (as defined in section 3(q) of such 

10 Act (15 U.S.C. 632(q))), or socially and eco11 nomically disadvantaged small business con12 cerns (as defined in section 8(a)(4)(A) of the 

13 Small Business Act (15 U.S.C. 637(a)(4)(A))). 

14 The Administrator may take such steps as nec15 essary to ensure that eligible entities described 

16 in this subparagraph have access to grant fund17 ing under this section after the end of such 21- 

18 day period. 

19 (B) CERTIFICATION.—For purposes of es20 tablishing priority under subparagraph (A), an 

21 applicant shall submit a self-certification of eli22 gibility for priority with the grant application. 

23 (4) GRANT AMOUNT.— 

24 (A) AGGREGATE MAXIMUM AMOUNT.—The 

25 aggregate amount of grants made to an eligible 


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1 entity and any affiliated businesses of the eligi2 ble entity under this subsection— 

3 (i) shall not exceed $10,000,000; and 

4 (ii) shall be limited to $5,000,000 per 

5 physical location of the eligible entity. 

6 (B) DETERMINATION OF GRANT

7 AMOUNT.— 

8 (i) IN GENERAL.—Except as provided 

9 in this paragraph, the amount of a grant 

10 made to an eligible entity under this sub11 section shall be equal to the pandemic-re12 lated revenue loss of the eligible entity. 

13 (ii) RETURN TO TREASURY.—Any 

14 amount of a grant made under this sub15 section to an eligible entity based on esti16 mated receipts that is greater than the ac17 tual gross receipts of the eligible entity in 

18 2020 shall be returned to the Treasury. 

19 (5) USE OF FUNDS.—During the covered pe20 riod, an eligible entity that receives a grant under 

21 this subsection may use the grant funds for the fol22 lowing expenses incurred as a direct result of, or 

23 during, the COVID–19 pandemic: 

24 (A) Payroll costs. 


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1 (B) Payments of principal or interest on 

2 any mortgage obligation (which shall not in3 clude any prepayment of principal on a mort4 gage obligation). 

5 (C) Rent payments, including rent under a 

6 lease agreement (which shall not include any 

7 prepayment of rent). 

8 (D) Utilities. 

9 (E) Maintenance expenses, including— 

10 (i) construction to accommodate out11 door seating; and 

12 (ii) walls, floors, deck surfaces, fur13 niture, fixtures, and equipment. 

14 (F) Supplies, including protective equip15 ment and cleaning materials. 

16 (G) Food and beverage expenses that are 

17 within the scope of the normal business practice 

18 of the eligible entity before the covered period. 

19 (H) Covered supplier costs, as defined in 

20 section 7A(a) of the Small Business Act (as re21 designated, transferred, and amended by sec22 tion 304(b) of the Economic Aid to Hard-Hit 

23 Small Businesses, Nonprofits, and Venues Act 

24 (Public Law 116–260)). 

25 (I) Operational expenses. 


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1 (J) Paid sick leave. 

2 (K) Any other expenses that the Adminis3 trator determines to be essential to maintaining 

4 the eligible entity. 

5 (6) RETURNING FUNDS.—If an eligible entity 

6 that receives a grant under this subsection fails to 

7 use all grant funds or permanently ceases operations 

8 on or before the last day of the covered period, the 

9 eligible entity shall return to the Treasury any funds 

10 that the eligible entity did not use for the allowable 

11 expenses under paragraph (5). 

12 SEC. 6004. COMMUNITY NAVIGATOR PILOT PROGRAM. 

13 (a) DEFINITIONS.—In this section: 

14 (1) ADMINISTRATION.—The term ‘‘Administra15 tion’’ means the Small Business Administration. 

16 (2) ADMINISTRATOR.—The term ‘‘Adminis17 trator’’ means the Administrator of the Small Busi18 ness Administration. 

19 (3) COMMUNITY NAVIGATOR SERVICES.—The 

20 term ‘‘community navigator services’’ means the out21 reach, education, and technical assistance provided 

22 by community navigators that target eligible busi23 nesses to increase awareness of, and participation in, 

24 programs of the Small Business Administration. 


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1 (4) COMMUNITY NAVIGATOR.—The term ‘‘com2 munity navigator’’ means a community organization, 

3 community financial institution as defined in section 

4 7(a)(36)(A) of the Small Business Act (15 U.S.C. 

5 636(a)(36)(A)), or other private nonprofit organiza6 tion engaged in the delivery of community navigator 

7 services. 

8 (5) ELIGIBLE BUSINESS.—The term ‘‘eligible 

9 business’’ means any small business concern, with 

10 priority for small business concerns owned and con11 trolled by women (as defined in section 3(n) of the 

12 Small Business Act (15 U.S.C. 632(n))), small busi13 ness concerns owned and controlled by veterans (as 

14 defined in section 3(q) of such Act (15 U.S.C. 

15 632(q))), and socially and economically disadvan16 taged small business concerns (as defined in section 

17 8(a)(4)(A) of the Small Business Act (15 U.S.C. 

18 637(a)(4)(A))). 

19 (6) PRIVATE NONPROFIT ORGANIZATION.—The 

20 term ‘‘private nonprofit organization’’ means an en21 tity that is described in section 501(c) of the Inter22 nal Revenue Code of 1986 and exempt from tax 

23 under section 501(a) of such Code. 

24 (7) RESOURCE PARTNER.—The term ‘‘resource 

25 partner’’ means— 


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1 (A) a small business development center 

2 (as defined in section 3 of the Small Business 

3 Act (15 U.S.C. 632)); 

4 (B) a women’s business center (as de5 scribed in section 29 of the Small Business Act 

6 (15 U.S.C. 656)); and 

7 (C) a chapter of the Service Corps of Re8 tired Executives (as defined in section 

9 8(b)(1)(B) of the Act (15 U.S.C. 

10 637(b)(1)(B))). 

11 (8) SMALL BUSINESS CONCERN.—The term 

12 ‘‘small business concern’’ has the meaning given 

13 under section 3 of the Small Business Act (15 

14 U.S.C. 632). 

15 (9) STATE.—The term ‘‘State’’ means a State 

16 of the United States, the District of Columbia, the 

17 Commonwealth of Puerto Rico, the Virgin Islands, 

18 American Samoa, the Commonwealth of the North19 ern Mariana Islands, and Guam, or an agency, in20 strumentality, or fiscal agent thereof. 

21 (10) UNIT OF GENERAL LOCAL GOVERN22 MENT.—The term ‘‘unit of general local govern23 ment’’ means a county, city, town, village, or other 

24 general purpose political subdivision of a State. 

25 (b) COMMUNITY NAVIGATOR PILOT PROGRAM.— 


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1 (1) IN GENERAL.—The Administrator of the 

2 Small Business Administration shall establish a 

3 Community Navigator pilot program to make grants 

4 to, or enter into contracts or cooperative agreements 

5 with, private nonprofit organizations, resource part6 ners, States, Tribes, and units of local government 

7 to ensure the delivery of free community navigator 

8 services to current or prospective owners of eligible 

9 businesses in order to improve access to assistance 

10 programs and resources made available because of 

11 the COVID–19 pandemic by Federal, State, Tribal, 

12 and local entities. 

13 (2) APPROPRIATIONS.—In addition to amounts 

14 otherwise available, there is appropriated to the Ad15 ministrator for fiscal year 2021, out of any money 

16 in the Treasury not otherwise appropriated, 

17 $100,000,000, to remain available until September 

18 30, 2022, for carrying out this subsection. 

19 (c) OUTREACH AND EDUCATION.— 

20 (1) PROMOTION.—The Administrator shall de21 velop and implement a program to promote commu22 nity navigator services to current or prospective 

23 owners of eligible businesses. 

24 (2) CALL CENTER.—The Administrator shall 

25 establish a telephone hotline to offer information 


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1 about Federal programs to assist eligible businesses 

2 and offer referral services to resource partners, com3 munity navigators, potential lenders, and other per4 sons that the Administrator determines appropriate 

5 for current or prospective owners of eligible busi6 nesses. 

7 (3) OUTREACH.—The Administrator shall— 

8 (A) conduct outreach and education, in the 

9 10 most commonly spoken languages in the 

10 United States, to current or prospective owners 

11 of eligible businesses on community navigator 

12 services and other Federal programs to assist 

13 eligible businesses; 

14 (B) improve the website of the Administra15 tion to describe such community navigator serv16 ices and other Federal programs; and 

17 (C) implement an education campaign by 

18 advertising in media targeted to current or pro19 spective owners of eligible businesses. 

20 (4) APPROPRIATIONS.—In addition to amounts 

21 otherwise available, there is appropriated to the Ad22 ministrator for fiscal year 2021, out of any money 

23 in the Treasury not otherwise appropriated, 

24 $75,000,000, to remain available until September 

25 30, 2022, for carrying out this subsection. 


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1 (d) SUNSET.—The authority of the Administrator to 

2 make grants under this section shall terminate on Decem3 ber 31, 2025. 

4 SEC. 6005. SHUTTERED VENUE OPERATORS. 

5 In addition to amounts otherwise available, there is 

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

7 the Treasury not otherwise appropriated, $1,250,000,000, 

8 to remain available until expended, to carry out section 

9 324 of the Economic Aid to Hard-Hit Small Businesses, 

10 Nonprofits, and Venues Act (title III of division N of Pub11 lic Law 116–260), of which $500,000 shall be used to pro12 vide technical assistance to help applicants access the Sys13 tem for Award Management (or any successor thereto) or 

14 to assist applicants with an alternative grant application 

15 system, which the Administrator of the Small Business 

16 Administration may develop for use for grant programs 

17 of the Small Business Administration. 

18 SEC. 6006. DIRECT APPROPRIATIONS. 

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

20 available, there is appropriated to the Administrator for 

21 fiscal year 2021, out of any money in the Treasury not 

22 otherwise appropriated, to remain available until ex23 pended— 

24 (1) $840,000,000 for administrative expenses, 

25 including to prevent, prepare for, and respond to the 


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1 COVID–19 pandemic, domestically or internation2 ally, including administrative expenses related to 

3 paragraphs (36) and (37) of section 7(a) of the 

4 Small Business Act, section 324 of the Economic 

5 Aid to Hard-Hit Small Businesses, Nonprofits, and 

6 Venues Act (title III of division N of Public Law 

7 116–260), section 6002 of this title, and section 

8 6003 of this title; and 

9 (2) $460,000,000 to carry out the disaster loan 

10 program authorized by section 7(b) of the Small 

11 Business Act (15 U.S.C. 636(b)), of which 

12 $70,000,000 shall be for the cost of direct loans au13 thorized by such section and $390,000,000 shall be 

14 for administrative expenses to carry out such pro15 gram. 

16 (b) INSPECTOR GENERAL.—In addition to amounts 

17 otherwise available, there is appropriated to the Inspector 

18 General of the Small Business Administration for fiscal 

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

20 appropriated, $25,000,000, to remain available until ex21 pended, for necessary expenses of the Office of Inspector 

22 General. 


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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, to carry out 

13 the purposes of the Disaster Relief Fund for costs associ14 ated with major disaster declarations. 

15 SEC. 7002. FUNERAL ASSISTANCE. 

16 (a) IN GENERAL.—For the emergency declaration 

17 issued by the President on March 13, 2020, pursuant to 

18 section 501(b) of the Robert T. Stafford Disaster Relief 

19 and Emergency Assistance Act (42 U.S.C. 5191(b)), and 

20 for any subsequent major disaster declaration that super21 sedes such emergency declaration, the President shall pro22 vide financial assistance to an individual or household to 

23 meet disaster-related funeral expenses under section 

24 408(e)(1) of the Robert T. Stafford Disaster Relief and 


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1 Emergency Assistance Act (42 U.S.C. 5174(e)(1)), for 

2 which the Federal cost share shall be 100 percent. 

3 (b) USE OF FUNDS.—Funds appropriated under sec4 tion 7001 may be used to carry out subsection (a) of this 

5 section. 

6 SEC. 7003. ECONOMIC ADJUSTMENT ASSISTANCE. 

7 (a) ECONOMIC DEVELOPMENT ADMINISTRATION AP8 PROPRIATION.—In addition to amounts otherwise avail9 able, there is appropriated for fiscal year 2021, out of any 

10 money in the Treasury not otherwise appropriated, 

11 $3,000,000,000, to remain available until September 30, 

12 2022, to the Department of Commerce for economic ad13 justment assistance as authorized by sections 209 and 703 

14 of the Public Works and Economic Development Act of 

15 1965 (42 U.S.C. 3149 and 3233) to prevent, prepare for, 

16 and respond to coronavirus and for necessary expenses for 

17 responding to economic injury as a result of coronavirus. 

18 (b) Of the funds provided by this section, up to 2 

19 percent shall be used for Federal costs to administer such 

20 assistance utilizing temporary Federal personnel as may 

21 be necessary consistent with the requirements applicable 

22 to such administrative funding in fiscal year 2020 to pre23 vent, prepare for, and respond to coronavirus and which 

24 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, $30,461,355,534, to remain 

5 available until September 30, 2024, that shall— 

6 (A) be for grants to eligible recipients 

7 under sections 5307, 5309, 5310, and 5311 of 

8 title 49, United States Code, to prevent, pre9 pare for, and respond to 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 and section 

19 5310(b)(2)(A) of title 49, United States Code, 

20 funds provided under this section, other than 

21 subsection (b)(4), shall be available for the op22 erating expenses of transit agencies to prevent, 

23 prepare for, and respond to the coronavirus 

24 public health emergency, including, beginning 

25 on January 20, 2020— 


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1 (i) reimbursement for payroll of public 

2 transportation (including payroll and ex3 penses of private providers of public trans4 portation); 

5 (ii) operating costs to maintain service 

6 due to lost revenue due as a result of the 

7 coronavirus public health emergency, in8 cluding the purchase of personal protective 

9 equipment; and 

10 (iii) paying the administrative leave of 

11 operations or contractor personnel due to 

12 reductions in service. 

13 (B) USE OF FUNDS.—Funds described in 

14 subparagraph (A) shall be— 

15 (i) available for immediate obligation, 

16 notwithstanding the requirement for such 

17 expenses to be included in a transportation 

18 improvement program, long-range trans19 portation plan, statewide transportation 

20 plan, or statewide transportation improve21 ment program under sections 5303 and 

22 5304 of title 49, United States Code; 

23 (ii) directed to payroll and operations 

24 of public transportation (including payroll 

25 and expenses of private providers of public 


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1 transportation), unless the recipient cer2 tifies to the Administrator of the Federal 

3 Transit Administration that the recipient 

4 has not furloughed any employees; 

5 (iii) used to provide a Federal share 

6 of the costs for any grant made under this 

7 section of 100 percent. 

8 (b) ALLOCATION OF FUNDS.— 

9 (1) URBANIZED AREA FORMULA GRANTS.— 

10 (A) IN GENERAL.—Of the amounts made 

11 available under subsection (a), $26,086,580,227 

12 shall be for grants to recipients and subrecipi13 ents under section 5307 of title 49, United 

14 States Code, and shall be administered as if 

15 such funds were provided under section 5307 of 

16 such title. 

17 (B) ALLOCATION.—Amounts made avail18 able under subparagraph (A) shall be appor19 tioned to urbanized areas based on data con20 tained in the National Transit Database such 

21 that— 

22 (i) each urbanized area shall receive 

23 an apportionment of an amount that, when 

24 combined with amounts that were other25 wise made available to such urbanized area 


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1 for similar activities to prevent, prepare 

2 for, and respond to coronavirus, is equal to 

3 132 percent of the urbanized area’s 2018 

4 operating costs; and 

5 (ii) for funds remaining after the ap6 portionment described in clause (i), such 

7 funds shall be apportioned such that— 

8 (I) each urbanized area that did 

9 not receive an apportionment under 

10 clause (i) shall receive an apportion11 ment equal to 25 percent of the ur12 banized area’s 2018 operating costs; 

13 and 

14 (II) each urbanized area under 

15 clause (i), when the amounts that 

16 were otherwise made available, prior 

17 to clause (i) to that urbanized area 

18 for similar activities to prevent, pre19 pare for, and respond to coronavirus 

20 are equal to or greater than 130 per21 cent of the urbanized area’s 2018 op22 erating costs but do not exceed 132 

23 percent of such costs, such urbanized 

24 area shall receive an apportionment 

25 equal to 10 percent of the urbanized 


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1 area’s 2018 operating costs, in addi2 tion to amounts apportioned to the 

3 urbanized area under clause (i). 

4 (2) FORMULA GRANTS FOR THE ENHANCED

5 MOBILITY OF SENIORS AND INDIVIDUALS WITH DIS6 ABILITIES.— 

7 (A) IN GENERAL.—Of the amounts made 

8 available under subsection (a), $50,000,000 

9 shall be for grants to recipients or subrecipients 

10 eligible under section 5310 of title 49, United 

11 States Code, and shall be apportioned in ac12 cordance with such section. 

13 (B) ALLOCATION RATIO.—Amounts made 

14 available under subparagraph (A) shall be allo15 cated in the same ratio as funds were provided 

16 under section 5310 of title 49, United States 

17 Code, for fiscal year 2020. 

18 (3) FORMULA GRANTS FOR RURAL AREAS.— 

19 (A) IN GENERAL.—Of the amounts made 

20 available under subsection (a), $317,214,013 

21 shall be for grants to recipients or subrecipients 

22 eligible under section 5311 of title 49, United 

23 States Code, and shall be administered as if the 

24 funds were provided under section 5311 of such 

25 title, and shall be apportioned in accordance 


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1 with such section, except as described in para2 graph (B). 

3 (B) ALLOCATION RATIO.—Amounts made 

4 available under subparagraph (A) to States, as 

5 defined in section 5302 of title 49, United 

6 States Code, shall be allocated to such States 

7 based on data contained in the National Transit 

8 Database, such that— 

9 (i) any State that received an amount 

10 for similar activities to prevent, prepare 

11 for, and respond to coronavirus that is 

12 equal to or greater than 150 percent of the 

13 combined 2018 rural operating costs of the 

14 recipients and subrecipients in such State 

15 shall receive an amount equal to 5 percent 

16 of such State’s 2018 rural operating costs; 

17 (ii) any State that does not receive an 

18 allocation under clause (i) that received an 

19 amount for similar activities to prevent, 

20 prepare for, and respond to coronavirus 

21 that is equal to or greater than 140 per22 cent of the combined 2018 rural operating 

23 costs of the recipients and subrecipients in 

24 that State shall receive an amount equal to 


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1 10 percent of such State’s 2018 rural op2 erating costs; and 

3 (iii) any State that does not receive an 

4 allocation under clauses (i) or (ii) shall re5 ceive an amount equal to 20 percent of 

6 such State’s 2018 rural operating costs. 

7 (4) CAPITAL INVESTMENTS.— 

8 (A) IN GENERAL.—Of the amounts made 

9 available under subsection (a)— 

10 (i) $1,425,000,000 shall be for grants 

11 administered under subsections (d) and (e) 

12 of section 5309 of title 49, United States 

13 Code, and section 3005(b) of the FAST 

14 Act (Public Law 114–94); and 

15 (ii) $250,000,000 shall be for grants 

16 administered under subsection (h) of sec17 tion 5309 of title 49, United States Code. 

18 (B) FUNDING DISTRIBUTION.— 

19 (i) IN GENERAL.—Of the amounts 

20 made available in subparagraph (A)(i), 

21 $1,250,000,000 shall be provided to each 

22 recipient for all projects with existing full 

23 funding grant agreements that received al24 locations for fiscal year 2019 or 2020 and 

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1 lic Law 114–94 that received allocations 

2 for fiscal year 2019 or 2020, except that 

3 recipients with projects open for revenue 

4 service are not eligible to receive a grant 

5 under this subparagraph. Funds shall be 

6 provided proportionally based on the non7 capital investment grant or non-expedited 

8 project delivery share of the amount allo9 cated. 

10 (ii) ALLOCATION.—Of the amounts 

11 made available in subparagraph (A)(i), 

12 $175,000,000 shall be provided to each re13 cipient for all projects with existing full 

14 funding grant agreements that received an 

15 allocation only prior to fiscal year 2019, 

16 except that projects open for revenue serv17 ice are not eligible to receive a grant under 

18 this subparagraph and no project may re19 ceive more than 40 percent of the amounts 

20 provided under this clause. The Adminis21 trator of the Federal Transit Administra22 tion shall proportionally distribute funds in 

23 excess of such percent to recipients for 

24 which the percent of funds does not exceed 

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1 portionally based on the non-capital invest2 ment grant share of the amount allocated. 

3 (iii) ELIGIBLE RECIPIENTS.—For 

4 amounts made available in subparagraph 

5 (A)(ii), eligible recipients shall be any re6 cipient of an allocation under subsection 

7 (h) of section 5309 of title 49, United 

8 States Code, or an applicant in the project 

9 development phase described in paragraph 

10 (2) of such subsection. 

11 (iv) AMOUNT.—Amounts distributed 

12 under clauses (i), (ii), and (iii) of subpara13 graph (A) shall be provided notwith14 standing the limitation of any calculation 

15 of the maximum amount of Federal finan16 cial assistance for the project under sub17 section (k)(2)(C)(ii) or (h)(7) of section 

18 5309 of title 49, United States Code, or 

19 section 3005(b)(9) of the FAST Act (Pub20 lic Law 114–94). 

21 (5) SECTION 5311(F) SERVICES.— 

22 (A) IN GENERAL.—Of the amounts made 

23 available under subsection (a) and in addition 

24 to the amounts made available under paragraph 

25 (3), $100,000,000 shall be available for grants 


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1 to recipients for bus operators that partner with 

2 recipients or subrecipients of funds under sec3 tion 5311(f) of title 49, United States Code. 

4 (B) ALLOCATION RATIO.—Notwithstanding 

5 paragraph (3), the Administrator of the Federal 

6 Transit Administration shall allocate amounts 

7 under subparagraph (A) in the same ratio as 

8 funds were provided under section 5311 of title 

9 49, United States Code, for fiscal year 2020. 

10 (C) EXCEPTION.—If a State or territory 

11 does not have bus providers eligible under sec12 tion 5311(f) of title 49, United States Code, 

13 funds under this paragraph may be used by 

14 such State or territory for any expense eligible 

15 under section 5311 of title 49, United States 

16 Code. 

17 (6) PLANNING.— 

18 (A) IN GENERAL.—Of the amounts made 

19 available under subsection (a), $25,000,000 

20 shall be for grants to recipients eligible under 

21 section 5307 of title 49, United States Code, 

22 for the planning of public transportation associ23 ated with the restoration of services as the 

24 coronavirus public health emergency concludes 


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1 and shall be available in accordance with such 

2 section. 

3 (B) AVAILABILITY OF FUNDS FOR ROUTE

4 PLANNING.—Amounts made available under 

5 subparagraph (A) shall be available for route 

6 planning designed to— 

7 (i) increase ridership and reduce trav8 el times, while maintaining or expanding 

9 the total level of vehicle revenue miles of 

10 service provided in the planning period; or 

11 (ii) make service adjustments to in12 crease the quality or frequency of service 

13 provided to low-income riders and dis14 advantaged neighborhoods or communities. 

15 (C) LIMITATION.—Amounts made available 

16 under subparagraph (A) shall not be used for 

17 route planning related to transitioning public 

18 transportation service provided as of the date of 

19 receipt of funds to a transportation network 

20 company or other third-party contract provider, 

21 unless the existing provider of public transpor22 tation service is a third-party contract provider. 

23 (7) RECIPIENTS AND SUBRECIPIENTS REQUIR24 ING ADDITIONAL ASSISTANCE.— 


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1 (A) IN GENERAL.—Of the amounts made 

2 available under subsection (a), $2,207,561,294 

3 shall be for grants to eligible recipients or sub4 recipients of funds under sections 5307 or 5311 

5 of title 49, United States Code, that, as a result 

6 of COVID–19, require additional assistance for 

7 costs related to operations, personnel, cleaning, 

8 and sanitization combating the spread of patho9 gens on transit systems, and debt service pay10 ments incurred to maintain operations and 

11 avoid layoffs and furloughs. 

12 (B) ADMINISTRATION.—Funds made avail13 able under subparagraph (A) shall, after alloca14 tion, be administered as if provided under para15 graph (1) or (3), as applicable. 

16 (C) APPLICATION REQUIREMENTS.— 

17 (i) IN GENERAL.—The Administrator 

18 of the Federal Transit Administration may 

19 not allocate funds to an eligible recipient 

20 or subrecipient of funds under chapter 53 

21 of title 49, United States Code, unless the 

22 recipient provides to the Administrator— 

23 (I) estimates of financial need; 


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1 (II) data on reductions in farebox 

2 or other sources of local revenue for 

3 sustained operations; 

4 (III) a spending plan for such 

5 funds; and 

6 (IV) demonstration of expendi7 ture of greater than 90 percent of 

8 funds available to the applicant from 

9 funds made available for similar ac10 tivities in fiscal year 2020. 

11 (ii) DEADLINES.—The Administrator 

12 of the Federal Transit Administration 

13 shall— 

14 (I) not later than 180 days after 

15 the date of enactment of this Act, 

16 issue a Notice of Funding Oppor17 tunity for assistance under this para18 graph; and 

19 (II) not later than 120 days after 

20 the application deadline established in 

21 the Notice of Funding Opportunity 

22 under subclause (I), make awards 

23 under this paragraph to selected ap24 plicants. 

25 (iii) EVALUATION.— 


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1 (I) IN GENERAL.—Applications 

2 for assistance under this paragraph 

3 shall be evaluated by the Adminis4 trator of the Federal Transit Admin5 istration based on the level of finan6 cial need demonstrated by an eligible 

7 recipient or subrecipient, including 

8 projections of future financial need to 

9 maintain service as a percentage of 

10 the 2018 operating costs that has not 

11 been replaced by the funds made 

12 available to the eligible recipient or 

13 subrecipient under paragraphs (1) 

14 through (5) of this subsection when 

15 combined with the amounts allocated 

16 to such eligible recipient or sub17 recipient from funds previously made 

18 available for the operating expenses of 

19 transit agencies related to the re20 sponse to the COVID–19 public 

21 health emergency. 

22 (II) RESTRICTION.—Amounts 

23 made available under this paragraph 

24 shall only be available for operating 

25 expenses. 


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1 (iv) STATE APPLICANTS.—A State 

2 may apply for assistance under this para3 graph on behalf of an eligible recipient or 

4 subrecipient or a group of eligible recipi5 ents or subrecipients. 

6 (D) UNOBLIGATED FUNDS.—If amounts 

7 made available under this paragraph remain 

8 unobligated on September 30, 2023, such 

9 amounts shall be available for any purpose eligi10 ble under sections 5307 or 5311 of title 49, 

11 United States Code. 

12 SEC. 7007. RELIEF FOR AIRPORTS. 

13 (a) IN GENERAL.— 

14 (1) IN GENERAL.—In addition to amounts oth15 erwise available, there is appropriated for fiscal year 

16 2021, out of any funds in the Treasury not other17 wise appropriated, $8,000,000,000, to remain avail18 able until September 30, 2024, for assistance to air19 ports under sections 47101 through 47144 of title 

20 49, United States Code, to be made available to pre21 vent, prepare for, and respond to coronavirus. 

22 (2) REQUIREMENTS AND LIMITATIONS.— 

23 Amounts made available under this section— 

24 (A) may not be used for any purpose not 

25 directly related to the airport; and 


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1 (B) may not be provided to any airport 

2 that was allocated in excess of 4 years of oper3 ating funds to prevent, prepare for, and re4 spond to coronavirus in fiscal year 2020. 

5 (b) ALLOCATIONS.—The following terms shall apply 

6 to the amounts made available under this section: 

7 (1) OPERATING EXPENSES AND DEBT SERVICE

8 PAYMENTS.— 

9 (A) IN GENERAL.—Not more than 

10 $6,492,000,000 shall be made available for pri11 mary airports, as such term is defined in sec12 tion 47102 of title 49, United States Code, and 

13 certain cargo airports, for costs related to oper14 ations, personnel, cleaning, sanitization, jani15 torial services, combating the spread of patho16 gens at the airport, and debt service payments. 

17 (B) DISTRIBUTION.— Amounts made 

18 available under this paragraph— 

19 (i) shall not be subject to the reduced 

20 apportionments under section 47114(f) of 

21 title 49, United States Code; 

22 (ii) shall first be apportioned as set 

23 forth in sections 47114(c)(1)(A), 

24 47114(c)(1)(C)(i), 47114(c)(1)(C)(ii), 

25 47114(c)(2)(A), 47114(c)(2)(B), and 


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1 47114(c)(2)(E) of title 49, United States 

2 Code; and 

3 (iii) shall not be subject to a max4 imum apportionment limit set forth in sec5 tion 47114(c)(1)(B) of title 49, United 

6 States Code. 

7 (C) REMAINING AMOUNTS.—Any amount 

8 remaining after distribution under subpara9 graph (B) shall be distributed to the sponsor of 

10 each primary airport (as such term is defined 

11 in section 47102 of title 49, United States 

12 Code) based on each such primary airport’s 

13 passenger enplanements compared to the total 

14 passenger enplanements of all such primary air15 ports in calendar year 2019. 

16 (2) FEDERAL SHARE FOR DEVELOPMENT

17 PROJECTS.— 

18 (A) IN GENERAL.—Not more than 

19 $608,000,000 allocated under subsection (a)(1) 

20 shall be available to pay a Federal share of 100 

21 percent of the costs for any grant awarded in 

22 fiscal year 2021, or in fiscal year 2020 with less 

23 than a 100-percent Federal share, for an air24 port development project (as such term is de25 fined in section 47102 of title 49). 


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1 (B) REMAINING AMOUNTS.—Any amount 

2 remaining under this paragraph shall be distrib3 uted as described in paragraph (1)(C). 

4 (3) NONPRIMARY AIRPORTS.— 

5 (A) IN GENERAL.—Not more than 

6 $100,000,000 shall be made available for gen7 eral aviation and commercial service airports 

8 that are not primary airports (as such terms 

9 are defined in section 47102 of title 49, United 

10 States Code) for costs related to operations, 

11 personnel, cleaning, sanitization, janitorial serv12 ices, combating the spread of pathogens at the 

13 airport, and debt service payments. 

14 (B) DISTRIBUTION.—Amounts made avail15 able under this paragraph shall be apportioned 

16 to each non-primary airport based on the cat17 egories published in the most current National 

18 Plan of Integrated Airport Systems, reflecting 

19 the percentage of the aggregate published eligi20 ble development costs for each such category, 

21 and then dividing the allocated funds evenly 

22 among the eligible airports in each category, 

23 rounding up to the nearest thousand dollars. 


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1 (C) REMAINING AMOUNTS.—Any amount 

2 remaining under this paragraph shall be distrib3 uted as described in paragraph (1)(C). 

4 (4) AIRPORT CONCESSIONS.— 

5 (A) IN GENERAL.—Not more than 

6 $800,000,000 shall be made available for spon7 sors of primary airports to provide relief from 

8 rent and minimum annual guarantees to airport 

9 concessions, of which at least $640,000,000 

10 shall be available to provide relief to eligible 

11 small airport concessions and of which at least 

12 $160,000,000 shall be available to provide relief 

13 to eligible large airport concessions located at 

14 primary airports. 

15 (B) DISTRIBUTION.—The amounts made 

16 available for each set-aside in this paragraph 

17 shall be distributed to the sponsor of each pri18 mary airport (as such term is defined in section 

19 47102 of title 49, United States Code) based on 

20 each such primary airport’s passenger 

21 enplanements compared to the total passenger 

22 enplanements of all such primary airports in 

23 calendar year 2019. 

24 (C) CONDITIONS.—As a condition of ap25 proving a grant under this paragraph— 


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1 (i) the sponsor shall provide such re2 lief from the date of enactment of this Act 

3 until the sponsor has provided relief equal4 ing the total grant amount, to the extent 

5 practicable and to the extent permissible 

6 under State laws, local laws, and applicable 

7 trust indentures; and 

8 (ii) for each set-aside, the sponsor 

9 shall provide relief from rent and minimum 

10 annual guarantee obligations to each eligi11 ble airport concession in an amount that 

12 reflects each eligible airport concession’s 

13 proportional share of the total amount of 

14 the rent and minimum annual guarantees 

15 of those eligible airport concessions at such 

16 airport. 

17 (c) ADMINISTRATION.— 

18 (1) ADMINISTRATIVE EXPENSES.—The Admin19 istrator of the Federal Aviation Administration may 

20 retain up to 0.1 percent of the funds provided under 

21 this section to fund the award of, and oversight by 

22 the Administrator of, grants made under this sec23 tion. 

24 (2) WORKFORCE RETENTION REQUIRE25 MENTS.— 


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1 (A) REQUIRED RETENTION.—As a condi2 tion for receiving funds provided under this sec3 tion, an airport shall continue to employ, 

4 through September 30, 2021, at least 90 per5 cent of the number of individuals employed 

6 (after making adjustments for retirements or 

7 voluntary employee separations) by the airport 

8 as of March 27, 2020. 

9 (B) WAIVER OF RETENTION REQUIRE10 MENT.—The Secretary shall waive the work11 force retention requirement if the Secretary de12 termines that— 

13 (i) the airport is experiencing eco14 nomic hardship as a direct result of the re15 quirement; or 

16 (ii) the requirement reduces aviation 

17 safety or security. 

18 (C) EXCEPTION.—The workforce retention 

19 requirement shall not apply to nonhub airports 

20 or nonprimary airports receiving funds under 

21 this section. 

22 (D) NONCOMPLIANCE.—Any financial as23 sistance provided under this section to an air24 port that fails to comply with the workforce re25 tention requirement described in subparagraph 


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1 (A), and does not otherwise qualify for a waiver 

2 or exception under this paragraph, shall be sub3 ject to clawback by the Secretary. 

4 (d) DEFINITIONS.—In this section: 

5 (1) ELIGIBLE LARGE AIRPORT CONCESSION.— 

6 The term ‘‘eligible large airport concession’’ means 

7 a concession (as defined in section 23.3 of title 49, 

8 Code of Federal Regulations), that is in-terminal 

9 and has maximum gross receipts, averaged over the 

10 previous three fiscal years, of more than 

11 $56,420,000. 

12 (2) ELIGIBLE SMALL AIRPORT CONCESSION.— 

13 The term ‘‘eligible small airport concession’’ means 

14 a concession (as defined in section 23.3 of title 49, 

15 Code of Federal Regulations), that is in-terminal 

16 and— 

17 (A) a small business with maximum gross 

18 receipts, averaged over the previous 3 fiscal 

19 years, of less than $56,420,000; or 

20 (B) is a joint venture (as defined in section 

21 23.3 of title 49, Code of Federal Regulations). 

22 SEC. 7008. EMERGENCY FAA EMPLOYEE LEAVE FUND. 

23 (a) ESTABLISHMENT; APPROPRIATION.—There is es24 tablished in the Federal Aviation Administration an Emer25 gency FAA Employee Leave Fund (in this section referred 


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1 to as the ‘‘Fund’’), to be administered by the Adminis2 trator of the Federal Aviation Administration, for the pur3 poses set forth in subsection (b). In addition to amounts 

4 otherwise available, there is appropriated for fiscal year 

5 2021, out of any money in the Treasury not otherwise ap6 propriated, $9,000,000, which shall be deposited into the 

7 Fund and remain available through September 30, 2022. 

8 (b) PURPOSE.—Amounts in the Fund shall be avail9 able to the Administrator for the use of paid leave under 

10 this section by any employee of the Administration who 

11 is unable to work because the employee— 

12 (1) is subject to a Federal, State, or local quar13 antine or isolation order related to COVID–19; 

14 (2) has been advised by a health care provider 

15 to self-quarantine due to concerns related to 

16 COVID–19; 

17 (3) is caring for an individual who is subject to 

18 such an order or has been so advised; 

19 (4) is experiencing symptoms of COVID–19 

20 and seeking a medical diagnosis; 

21 (5) is caring for a son or daughter of such em22 ployee if the school or place of care of the son or 

23 daughter has been closed, if the school of such son 

24 or daughter requires or makes optional a virtual 

25 learning instruction model or requires or makes opVerDate Sep 11 2014 23:55 Mar 02, 2021 Jkt 019200 PO 00000 Frm 00359 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.PCS H1319

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1 tional a hybrid of in-person and virtual learning in2 struction models, or the child care provider of such 

3 son or daughter is unavailable, due to COVID–19 

4 precautions; 

5 (6) is experiencing any other substantially simi6 lar condition; 

7 (7) is caring for a family member with a mental 

8 or physical disability or who is 55 years of age or 

9 older and incapable of self-care, without regard to 

10 whether another individual other than the employee 

11 is available to care for such family member, if the 

12 place of care for such family member is closed or the 

13 direct care provider is unavailable due to COVID– 

14 19; or 

15 (8) is obtaining immunization related to 

16 COVID–19 or to recover from any injury, disability, 

17 illness, or condition related to such immunization. 

18 (c) LIMITATIONS.— 

19 (1) PERIOD OF AVAILABILITY.—Paid leave 

20 under this section may only be provided to and used 

21 by an employee of the Administration during the pe22 riod beginning on the date of enactment of this sec23 tion and ending on September 30, 2021. 

24 (2) TOTAL HOURS; AMOUNT.—Paid leave under 

25 this section— 


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1 (A) shall be provided to an employee of the 

2 Administration in an amount not to exceed 600 

3 hours of paid leave for each full-time employee, 

4 and in the case of a part-time employee, em5 ployee on an uncommon tour of duty, or em6 ployee with a seasonal work schedule, in an 

7 amount not to exceed the proportional equiva8 lent of 600 hours to the extent amounts in the 

9 Fund remain available for reimbursement; 

10 (B) shall be paid at the same hourly rate 

11 as other leave payments; and 

12 (C) may not be provided to an employee if 

13 the leave would result in payments greater than 

14 $2,800 in aggregate for any biweekly pay pe15 riod for a full-time employee, or a proportion16 ally equivalent biweekly limit for a part-time 

17 employee. 

18 (3) RELATIONSHIP TO OTHER LEAVE.—Paid 

19 leave under this section— 

20 (A) is in addition to any other leave pro21 vided to an employee of the Administration; and 

22 (B) may not be used by an employee of the 

23 Administration concurrently with any other 

24 paid leave. 


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1 (4) CALCULATION OF RETIREMENT BENEFIT.— 

2 Any paid leave provided to an employee of the Ad3 ministration under this section shall reduce the total 

4 service used to calculate any Federal retirement ben5 efit. 

6 Subtitle B—Aviation 

7 Manufacturing Jobs Protection 

8 SEC. 7101. DEFINITIONS. 

9 In this subtitle: 

10 (1) ELIGIBLE EMPLOYEE GROUP.—The term 

11 ‘‘eligible employee group’’ means the portion of an 

12 employer’s United States workforce that— 

13 (A) does not exceed 25 percent of the em14 ployer’s total United States workforce as of 

15 April 1, 2020; and 

16 (B) contains only employees with a total 

17 compensation level of $200,000 or less per year; 

18 and 

19 (C) is engaged in aviation manufacturing 

20 activities and services, or maintenance, repair, 

21 and overhaul activities and services. 

22 (2) AVIATION MANUFACTURING COMPANY.— 

23 The term ‘‘aviation manufacturing company’’ means 

24 a corporation, firm, or other business entity— 

25 (A) that— 


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1 (i) actively manufactures an aircraft, 

2 aircraft engine, propeller, or a component, 

3 part, or systems of an aircraft or aircraft 

4 engine under a Federal Aviation Adminis5 tration production approval; or 

6 (ii) holds a certificate issued under 

7 part 145 of title 14, Code of Federal Regu8 lations, for maintenance, repair, and over9 haul of aircraft, aircraft engines, compo10 nents, or propellers. 

11 (B) which— 

12 (i) is established, created, or orga13 nized in the United States or under the 

14 laws of the United States; and 

15 (ii) has significant operations in, and 

16 a majority of its employees engaged in 

17 aviation manufacturing activities and serv18 ices, or maintenance, repair, and overhaul 

19 activities and services based in the United 

20 States; 

21 (C) which has involuntarily furloughed or 

22 laid off at least 10 percent of its workforce in 

23 2020 as compared to 2019 or has experienced 

24 at least a 15 percent decline in 2020 revenues 

25 as compared to 2019; 


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1 (D) that, as supported by sworn financial 

2 statements or other appropriate data, has iden3 tified the eligible employee group and the 

4 amount of total compensation level for the eligi5 ble employee group; 

6 (E) that agrees to provide private con7 tributions and maintain the total compensation 

8 level for the eligible employee group for the du9 ration of an agreement under this subtitle; 

10 (F) that agrees to provide immediate no11 tice and justification to the Secretary of invol12 untary furloughs or layoffs exceeding 10 per13 cent of the workforce that is not included in an 

14 eligible employee group for the duration of an 

15 agreement and receipt of public contributions 

16 under this subtitle; 

17 (G) that has not conducted involuntary 

18 furloughs or reduced pay rates or benefits for 

19 the eligible employee group, subject to the em20 ployer’s right to discipline or terminate an em21 ployee in accordance with employer policy, be22 tween the date of application and the date on 

23 which such a corporation, firm, or other busi24 ness entity enters into an agreement with the 

25 Secretary under this subtitle; and 


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1 (H) that— 

2 (i) in the case of a corporation, firm, 

3 or other business entity including any par4 ent company or subsidiary of such a cor5 poration, firm, or other business entity, 

6 that holds any type or production certifi7 cate or similar authorization issued under 

8 section 44704 of title 49, United States 

9 Code, with respect to a transport-category 

10 airplane covered under part 25 of title 14, 

11 Code of Federal Regulations, certificated 

12 with a passenger seating capacity of 50 or 

13 more, agrees to refrain from conducting in14 voluntary layoffs or furloughs, or reducing 

15 pay rates and benefits, for the eligible em16 ployee group, subject to the employer’s 

17 right to discipline or terminate an em18 ployee in accordance with employer policy 

19 from the date of agreement until Sep20 tember 30, 2021, or the duration of the 

21 agreement and receipt of public contribu22 tions under this subtitle, whichever period 

23 ends later; or 

24 (ii) in the case of corporation, firm, or 

25 other business entity not specified under 


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1 subparagraph (i), agrees to refrain from 

2 conducting involuntary layoffs or fur3 loughs, or reducing pay rates and benefits, 

4 for the eligible employee group, subject to 

5 the employer’s right to discipline or termi6 nate an employee in accordance with em7 ployer policy for the duration of the agree8 ment and receipt of public contributions 

9 under this subtitle. 

10 (3) EMPLOYEE.—The term ‘‘employee’’ has the 

11 meaning given that term in section 3 of the Fair 

12 Labor Standards Act of 1938 (29 U.S.C. 203). 

13 (4) EMPLOYER.—The term ‘‘employer’’ means 

14 an aviation manufacturing company that is an em15 ployer (as defined in section 3 of the Fair Labor 

16 Standards Act of 1938 (29 U.S.C. 203)). 

17 (5) PRIVATE CONTRIBUTION.—The term ‘‘pri18 vate contribution’’ means the contribution funded by 

19 the employer under this subtitle to maintain 50 per20 cent of the eligible employee group’s total compensa21 tion level, and combined with the public contribu22 tion, is sufficient to maintain the total compensation 

23 level for the eligible employee group as of April 1, 

24 2020. 


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1 (6) PUBLIC CONTRIBUTION.—The term ‘‘public 

2 contribution’’ means the contribution funded by the 

3 Federal Government under this title to provide 50 

4 percent of the eligible employees group’s total com5 pensation level, and combined with the private con6 tribution, is sufficient to maintain the total com7 pensation level for those in the eligible employee 

8 group as of April 1, 2020. 

9 (7) SECRETARY.—The term ‘‘Secretary’’ means 

10 the Secretary of Transportation. 

11 (8) TOTAL COMPENSATION LEVEL.—The term 

12 ‘‘total compensation level’’ means the level of total 

13 base compensation and benefits being provided to an 

14 eligible employee group employee, excluding overtime 

15 and premium pay, and excluding any Federal, State, 

16 or local payroll taxes paid, as of April 1, 2020. 

17 SEC. 7102. PAYROLL SUPPORT PROGRAM. 

18 (a) IN GENERAL.—The Secretary shall establish a 

19 payroll support program and enter into agreements with 

20 employers who meet the eligibility criteria specified in sub21 section (b) and are not ineligible under subsection (c), to 

22 provide public contributions to supplement compensation 

23 of an eligible employee group. There is appropriated for 

24 fiscal year 2021, out of amounts in the Treasury not oth25 erwise appropriated, $3,000,000,000, to remain available 


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1 until September 30, 2023, for the Secretary to carry out 

2 the payroll support program authorized under the pre3 ceding sentence for which 1 percent of the funds may be 

4 used for implementation costs and administrative ex5 penses. 

6 (b) ELIGIBILITY.—The Secretary shall enter into an 

7 agreement and provide public contributions, for a term no 

8 longer than 6 months, solely with an employer that agrees 

9 to use the funds received under an agreement exclusively 

10 for the continuation of employee wages, salaries, and bene11 fits, to maintain the total compensation level for the eligi12 ble employee group as of April 1, 2020 for the duration 

13 of the agreement, and to facilitate the retention, rehire, 

14 or recall of employees of the employer, except that such 

15 funds may not be used for back pay of returning rehired 

16 or recalled employees. 

17 (c) INELIGIBILITY.—The Secretary may not enter 

18 into any agreement under this section with an employer 

19 who was allowed a credit under section 2301 of the 

20 CARES Act (26 U.S.C. 3111 note) for the immediately 

21 preceding calendar quarter ending before such agreement 

22 is entered into, who received financial assistance under 

23 section 4113 of the CARES Act (15 U.S.C. 9073), or who 

24 is currently expending financial assistance under the pay25 check protection program established under section 


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1 7(a)(36) of the Small Business Act (15 U.S.C. 

2 636(a)(36)), as of the date the employer submits an appli3 cation under the payroll support program established 

4 under subsection (a). 

5 (d) REDUCTIONS.—To address any shortfall in assist6 ance that would otherwise be provided under this subtitle, 

7 the Secretary shall reduce, on a pro rata basis, the finan8 cial assistance provided under this subtitle. 

9 (e) AGREEMENT DEADLINE.—No agreement may be 

10 entered into by the Secretary under the payroll support 

11 program established under subsection (a) after the last 

12 day of the 6 month period that begins on the effective 

13 date of the first agreement entered into under such pro14 gram. 

15 Subtitle C—Continued Assistance 

16 to Rail Workers 

17 SEC. 7201. ADDITIONAL ENHANCED BENEFITS UNDER THE 

18 RAILROAD UNEMPLOYMENT INSURANCE ACT. 

19 (a) IN GENERAL.—Section 2(a)(5)(A) of the Railroad 

20 Unemployment Insurance Act (45 U.S.C. 352(a)(5)(A)) is 

21 amended— 

22 (1) in the first sentence— 

23 (A) by striking ‘‘March 14, 2021’’ and in24 serting ‘‘August 29, 2021’’; 


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1 (B) by striking ‘‘or July 1, 2020’’ and in2 serting ‘‘July 1, 2020, or July 1, 2021’’; and 

3 (2) by adding at the end the following: ‘‘For 

4 registration periods beginning after March 14, 2021, 

5 but on or before August 29, 2021, the recovery ben6 efit payable under this subparagraph shall be in the 

7 amount of $800.’’. 

8 (b) CLARIFICATION ON AUTHORITY TO USE

9 FUNDS.—Funds appropriated under subparagraph (B) of 

10 section 2(a)(5) of the Railroad Unemployment Insurance 

11 Act (45 U.S.C. 352(a)(5)) shall be available to cover the 

12 cost of recovery benefits provided under such section 

13 2(a)(5) by reason of the amendments made by subsection 

14 (a) as well as to cover the cost of such benefits provided 

15 under such section 2(a)(5) as in effect on the day before 

16 the date of enactment of this Act. 

17 SEC. 7202. EXTENDED UNEMPLOYMENT BENEFITS UNDER 

18 THE RAILROAD UNEMPLOYMENT INSURANCE 

19 ACT. 

20 (a) IN GENERAL.—Section 2(c)(2)(D) of the Rail21 road Unemployment Insurance Act (45 U.S.C. 

22 352(c)(2)(D)) is amended— 

23 (1) in clause (i)— 

24 (A) in subclause (I), by striking ‘‘185 

25 days’’ and inserting ‘‘305 days’’; 


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1 (B) in subclause (II), 

2 (i) by striking ‘‘19 consecutive 14-day 

3 periods’’ and inserting ‘‘31 consecutive 14- 

4 day periods’’; and 

5 (ii) by striking ‘‘6 consecutive 14-day 

6 periods’’ and inserting ‘‘18 consecutive 14- 

7 day periods’’; 

8 (2) in clause (ii)— 

9 (A) by striking ‘‘120 days of unemploy10 ment’’ and inserting ‘‘240 days of unemploy11 ment’’; 

12 (B) by striking ‘‘12 consecutive 14-day pe13 riods’’ and inserting ‘‘24 consecutive 14-day pe14 riods’’; and 

15 (C) by striking ‘‘6 consecutive 14-day peri16 ods’’ and inserting ‘‘18 consecutive 14-day peri17 ods’’; and 

18 (3) in clause (iii)— 

19 (A) by striking ‘‘June 30, 2021’’ and in20 serting ‘‘June 30, 2022’’; and 

21 (B) by striking ‘‘the provisions of clauses 

22 (i) and (ii) shall not apply to any employee 

23 whose extended benefit period under subpara24 graph (B) begins after March 14, 2021, and 

25 shall not apply to any employee with respect to 


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1 any registration period beginning after April 5, 

2 2021.’’ and inserting ‘‘the provisions of clauses 

3 (i) and (ii) shall not apply to any employee with 

4 respect to any registration period beginning 

5 after August 29, 2021.’’ 

6 (b) CLARIFICATION ON AUTHORITY TO USE

7 FUNDS.—Funds appropriated under either the first or 

8 second sentence of clause (v) of section 2(c)(2)(D) of the 

9 Railroad Unemployment Insurance Act shall be available 

10 to cover the cost of additional extended unemployment 

11 benefits provided under such section 2(c)(2)(D) by reason 

12 of the amendments made by subsection (a) as well as to 

13 cover the cost of such benefits provided under such section 

14 2(c)(2)(D) as in effect on the day before the date of enact15 ment of this Act. 

16 SEC. 7203. EXTENSION OF WAIVER OF THE 7-DAY WAITING 

17 PERIOD FOR BENEFITS UNDER THE RAIL18 ROAD UNEMPLOYMENT INSURANCE ACT. 

19 (a) IN GENERAL.—Section 2112(a) of the CARES 

20 Act (15 U.S.C. 9030(a)) is amended by striking ‘‘March 

21 14, 2021’’ and inserting ‘‘August 29, 2021’’. 

22 (b) CLARIFICATION ON AUTHORITY TO USE

23 FUNDS.—Funds appropriated under section 2112(c) of 

24 the CARES Act (15 U.S.C. 9030(c)) shall be available to 

25 cover the cost of additional benefits payable due to section 


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1 2112(a) of such Act by reason of the amendments made 

2 by subsection (a) as well as to cover the cost of such bene3 fits payable due to such section 2112(a) as in effect on 

4 the day before the date of enactment of this Act. 

5 SEC. 7204. RAILROAD RETIREMENT BOARD AND OFFICE OF 

6 THE INSPECTOR GENERAL FUNDING. 

7 In addition to amounts otherwise made available, 

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

9 money in the Treasury not otherwise appropriated— 

10 (1) $27,975,000, to remain available until ex11 pended, for the Railroad Retirement Board, to pre12 vent, prepare for, and respond to coronavirus, of 

13 which— 

14 (A) $6,800,000 shall be for additional hir15 ing and overtime bonuses as needed to admin16 ister the Railroad Unemployment Insurance 

17 Act; and 

18 (B) $21,175,000 shall be to supplement, 

19 not supplant, existing resources devoted to op20 erations and improvements for the Information 

21 Technology Investment Initiatives of the Rail22 road Retirement Board; and 

23 (2) $500,000, to remain available until ex24 pended, for the Railroad Retirement Board Office of 


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1 Inspector General for audit, investigatory and review 

2 activities. 

3 TITLE VIII—COMMITTEE ON 

4 VETERANS’ AFFAIRS 

5 SEC. 8001. FUNDING FOR CLAIMS AND APPEALS PROC6 ESSING. 

7 In addition to amounts otherwise made available, 

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

9 money in the Treasury not otherwise appropriated, 

10 $272,000,000, to remain available until September 30, 

11 2023, pursuant to sections 308, 310, 7101 through 7113, 

12 7701, and 7703 of title 38, United States Code. 

13 SEC. 8002. FUNDING AVAILABILITY FOR MEDICAL CARE 

14 AND HEALTH NEEDS. 

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 $13,482,000,000, to remain available until September 30, 

19 2023, for allocation under chapters 17, 20, 73, and 81 

20 of title 38, United States Code, of which not more than 

21 $4,000,000,000 shall be available pursuant to section 

22 1703 of title 38, United States Code for health care fur23 nished through the Veterans Community Care program in 

24 sections 1703(c)(1) and 1703(c)(5) of such title. 


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1 SEC. 8003. FUNDING FOR SUPPLY CHAIN MODERNIZATION. 

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 $100,000,000, to remain available until September 30, 

6 2022, for the supply chain modernization initiative under 

7 sections 308, 310, and 7301(b) of title 38, United States 

8 Code. 

9 SEC. 8004. FUNDING FOR STATE HOMES. 

10 In addition to amounts otherwise made available, 

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

12 money in the Treasury not otherwise appropriated— 

13 (1) $500,000,000, to remain available until ex14 pended, for allocation under sections 8131 through 

15 8137 of title 38, United States Code: and 

16 (2) $250,000,000, to remain available until 

17 September 30, 2022, for a one-time only obligation 

18 and expenditure to existing State extended care fa19 cilities for veterans in proportion to each State’s 

20 share of the total resident capacity in such facilities 

21 as of the date of enactment of this Act where such 

22 capacity includes only veterans on whose behalf the 

23 Department pays a per diem payment pursuant to 

24 section 1741 or 1745 of title 38, United States 

25 Code. 


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1 SEC. 8005. FUNDING FOR THE DEPARTMENT OF VETERANS 

2 AFFAIRS OFFICE OF INSPECTOR GENERAL. 

3 In addition to amounts otherwise made available, 

4 there is appropriated to the Office of Inspector General 

5 of the Department of Veterans Affairs for fiscal year 

6 2021, out of any money in the Treasury not otherwise ap7 propriated, $10,000,000, to remain available until ex8 pended, for audits, investigations, and other oversight of 

9 projects and activities carried out with funds made avail10 able to the Department of Veterans Affairs. 

11 SEC. 8006. COVID–19 VETERAN RAPID RETRAINING ASSIST12 ANCE PROGRAM. 

13 (a) IN GENERAL.—The Secretary of Veterans Affairs 

14 shall carry out a program under which the Secretary shall 

15 provide up to 12 months of retraining assistance to an 

16 eligible veteran for the pursuit of a covered program of 

17 education. Such retraining assistance shall be in addition 

18 to any other entitlement to educational assistance or bene19 fits for which a veteran is, or has been, eligible. 

20 (b) ELIGIBLE VETERANS.— 

21 (1) IN GENERAL.—In this section, the term ‘‘el22 igible veteran’’ means a veteran who— 

23 (A) as of the date of the receipt by the De24 partment of Veterans Affairs of an application 

25 for assistance under this section, is at least 22 

26 years of age but not more than 66 years of age; 


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1 (B) as of such date, is unemployed by rea2 son of the covered public health emergency, as 

3 certified by the veteran; 

4 (C) as of such date, is not eligible to re5 ceive educational assistance under chapter 30, 

6 31, 32, 33, or 35 of title 38, United States 

7 Code, or chapter 1606 of title 10, United States 

8 Code; 

9 (D) is not enrolled in any Federal or State 

10 jobs program; 

11 (E) is not in receipt of compensation for a 

12 service-connected disability rated totally dis13 abling by reason of unemployability; and 

14 (F) will not be in receipt of unemployment 

15 compensation (as defined in section 85(b) of the 

16 Internal Revenue Code of 1986), including any 

17 cash benefit received pursuant to subtitle A of 

18 title II of division A of the CARES Act (Public 

19 Law 116–136), as of the first day on which the 

20 veteran would receive a housing stipend pay21 ment under this section. 

22 (2) TREATMENT OF VETERANS WHO TRANSFER

23 ENTITLEMENT.—For purposes of paragraph (1)(C), 

24 a veteran who has transferred all of the veteran’s 

25 entitlement to educational assistance under section 


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1 3319 of title 38, United States Code, shall be con2 sidered to be a veteran who is not eligible to receive 

3 educational assistance under chapter 33 of such 

4 title. 

5 (3) FAILURE TO COMPLETE.—A veteran who 

6 receives retraining assistance under this section to 

7 pursue a program of education and who fails to com8 plete the program of education shall not be eligible 

9 to receive additional assistance under this section. 

10 (c) COVERED PROGRAMS OF EDUCATION.— 

11 (1) IN GENERAL.—For purposes of this section, 

12 a covered program of education is a program of edu13 cation (as such term is defined in section 3452(b) of 

14 title 38, United States Code) for training, pursued 

15 on a full-time or part-time basis— 

16 (A) that— 

17 (i) is approved under chapter 36 of 

18 such title; 

19 (ii) does not lead to a bachelors or 

20 graduate degree; and 

21 (iii) is designed to provide training for 

22 a high-demand occupation, as determined 

23 under paragraph (3); or 

24 (B) that is a high technology program of 

25 education offered by a qualified provider, under 


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1 the meaning given such terms in section 116 of 

2 the Harry W. Colmery Veterans Educational 

3 Assistance Act of 2017 (Public Law 115–48; 38 

4 U.S.C. 3001 note). 

5 (2) ACCREDITED PROGRAMS.—In the case of an 

6 accredited program of education, the program of 

7 education shall not be considered a covered program 

8 of education under this section if the program has 

9 received a show cause order from the accreditor of 

10 the program during the five-year period preceding 

11 the date of the enactment of this Act. 

12 (3) DETERMINATION OF HIGH-DEMAND OCCU13 PATIONS.— 

14 (A) INITIAL IMPLEMENTATION.—In car15 rying out this section, the Secretary shall use 

16 the list of high-demand occupations compiled by 

17 the Commissioner of Labor Statistics until the 

18 final list under subparagraph (C) is complete. 

19 (B) STUDY REQUIRED.—The Secretary of 

20 Veterans Affairs shall enter into an agreement 

21 with a federally funded research and develop22 ment corporation or another appropriate non23 Department entity for the conduct of a study to 

24 determine which occupations are high-demand 

25 occupations. Such study shall be completed not 


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1 later than 90 days after the date of the enact2 ment of this Act. 

3 (C) FINAL LIST.—The Secretary— 

4 (i) may add or remove occupation 

5 from the list in use pursuant to subpara6 graph (A) during the 90-day period fol7 lowing the completion of the study required 

8 by subparagraph (B); 

9 (ii) shall issue a final list of high-de10 mand occupations for use under this sec11 tion by not later than 90 days after the 

12 date of the completion of the study; and 

13 (iii) shall make such final list publicly 

14 available on a website of the Department. 

15 (D) USE OF LIST.—The Secretary shall 

16 use the list developed under this paragraph in 

17 order to apply the requirement that retraining 

18 assistance under this section is used for train19 ing for a high-demand occupation, but the Sec20 retary may remove occupations from the list as 

21 the Secretary determines appropriate. 

22 (4) FULL-TIME DEFINED.—For purposes of 

23 this subsection, the term ‘‘full-time’’ has the mean24 ing given such term under section 3688 of title 38, 

25 United States Code. 


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1 (d) AMOUNT OF ASSISTANCE.— 

2 (1) RETRAINING ASSISTANCE.—The Secretary 

3 of Veterans Affairs shall provide to an eligible vet4 eran pursuing a covered program of education under 

5 the retraining assistance program under this section 

6 an amount equal to the amount of educational as7 sistance payable under section 3313(c)(1)(A) of title 

8 38, United States Code, for each month the veteran 

9 pursues the covered program of education. Such 

10 amount shall be payable directly to the educational 

11 institution offering the covered program of education 

12 pursued by the veteran as follows: 

13 (A) 50 percent of the total amount payable 

14 shall be paid when the eligible veteran begins 

15 the program of education. 

16 (B) 25 percent of the total amount payable 

17 shall be paid when the eligible veteran com18 pletes the program of education. 

19 (C) 25 percent of the total amount payable 

20 shall be paid when the eligible veteran finds em21 ployment in a field related to the program of 

22 education. 

23 (2) FAILURE TO COMPLETE.— 

24 (A) PRO-RATED PAYMENTS.—In the case 

25 of a veteran who pursues a covered program of 


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1 education under the retraining assistance pro2 gram under this section, but who does not com3 plete the program of education, the Secretary 

4 shall pay to the educational institution offering 

5 such program of education a pro-rated amount 

6 based on the number of months the veteran 

7 pursued the program of education in accordance 

8 with this paragraph. 

9 (B) PAYMENT OTHERWISE DUE UPON

10 COMPLETION OF PROGRAM.—The Secretary 

11 shall pay to the educational institution a pro12 rated amount under paragraph (1)(B) when the 

13 veteran provides notice to the educational insti14 tution that the veteran no longer intends to 

15 pursue the program of education. 

16 (C) NONRECOVERY FROM VETERAN.—In 

17 the case of a veteran referred to in subpara18 graph (A), the educational institution may not 

19 seek payment from the veteran for any amount 

20 that would have been payable under paragraph 

21 (1)(B) had the veteran completed the program 

22 of education. 

23 (D) PAYMENT DUE UPON EMPLOYMENT.— 

24 (i) VETERANS WHO FIND EMPLOY25 MENT.—In the case of a veteran referred 


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1 to in subparagraph (A) who finds employ2 ment in a field related to the program of 

3 education during the 180-day period begin4 ning on the date on which the veteran 

5 withdraws from the program of education, 

6 the Secretary shall pay to the educational 

7 institution a pro-rated amount under para8 graph (1)(C) when the veteran finds such 

9 employment. 

10 (ii) VETERANS WHO DO NOT FIND EM11 PLOYMENT.—In the case of a veteran re12 ferred to in subparagraph (A) who does 

13 not find employment in a field related to 

14 the program of education during the 180- 

15 day period beginning on the date on which 

16 the veteran withdraws from the program of 

17 education— 

18 (I) the Secretary shall not make 

19 a payment to the educational institu20 tion under paragraph (1)(C); and 

21 (II) the educational institution 

22 may not seek payment from the vet23 eran for any amount that would have 

24 been payable under paragraph (1)(C) 


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1 had the veteran found employment 

2 during such 180-day period. 

3 (3) HOUSING STIPEND.—For each month that 

4 an eligible veteran pursues a covered program of 

5 education under the retraining assistance program 

6 under this section, the Secretary shall pay to the 

7 veteran a monthly housing stipend in an amount 

8 equal to— 

9 (A) in the case of a covered program of 

10 education leading to a degree, or a covered pro11 gram of education not leading to a degree, at 

12 an institution of higher learning (as that term 

13 is defined in section 3452(f) of title 38, United 

14 States Code) pursued on more than a half-time 

15 basis, the amount specified under subsection 

16 (c)(1)(B) of section 3313 of title 38, United 

17 States Code; 

18 (B) in the case of a covered program of 

19 education other than a program of education 

20 leading to a degree at an institution other than 

21 an institution of higher learning pursued on 

22 more than a half-time basis, the amount speci23 fied under subsection (g)(3)(A)(ii) of such sec24 tion; or 


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1 (C) in the case of a covered program of 

2 education pursued on less than a half-time 

3 basis, or a covered program of education pur4 sued solely through distance learning on more 

5 than a half-time basis, the amount specified 

6 under subsection (c)(1)(B)(iii) of such section. 

7 (4) FAILURE TO FIND EMPLOYMENT.—The 

8 Secretary shall not make a payment under para9 graph (1)(C) with respect to an eligible veteran who 

10 completes or fails to complete a program of edu11 cation under the retraining assistance program 

12 under this section if the veteran fails to find employ13 ment in a field related to the program of education 

14 within the 180-period beginning on the date on 

15 which the veteran withdraws from or completes the 

16 program. 

17 (e) NO TRANSFERABILITY.—Retraining assistance 

18 provided under this section may not be transferred to an19 other individual. 

20 (f) LIMITATION.—Not more than 17,250 eligible vet21 erans may receive retraining assistance under this section. 

22 (g) TERMINATION.—No retraining assistance may be 

23 paid under this section after the date that is 21 months 

24 after the date of the enactment of this Act. 


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1 (h) COMPTROLLER GENERAL REPORT.—Not later 

2 than 180 days after the termination of the retraining as3 sistance program under subsection (k), the Comptroller 

4 General shall submit to the Committees on Veterans’ Af5 fairs of the Senate and House of Representatives a report 

6 on the outcomes and effectiveness of the program. 

7 (i) FUNDING.—In addition to amounts otherwise 

8 available there is appropriated to the Department of Vet9 erans Affairs for fiscal year 2021, out of any money in 

10 the Treasury not otherwise appropriated, $386,000,000, 

11 to remain available until expended, to carry out this sec12 tion. 

13 SEC. 8007. PROHIBITION ON COPAYMENTS AND COST SHAR14 ING FOR VETERANS DURING EMERGENCY RE15 LATING TO COVID–19. 

16 (a) IN GENERAL.—The Secretary of Veterans Af17 fairs— 

18 (1) shall provide for any copayment or other 

19 cost sharing with respect to health care under the 

20 laws administered by the Secretary received by a 

21 veteran during the period specified in subsection (b); 

22 and 

23 (2) shall reimburse any veteran who paid a co24 payment or other cost sharing for health care under 

25 the laws administered by the Secretary received by 


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1 the veteran during such period the amount paid by 

2 the veteran. 

3 (b) PERIOD SPECIFIED.—The period specified in this 

4 subsection is the period beginning on April 6, 2020, and 

5 ending on September 30, 2021. 

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

7 available, there is appropriated to the Secretary of Vet8 erans Affairs for fiscal year 2021, out of any money in 

9 the Treasury not otherwise appropriated, $2,000,000,000, 

10 to remain available until expended, to carry out this sec11 tion, except for health care furnished pursuant to section 

12 1703(c)(2)–(c)(4) of title 38, United States Code. 

13 SEC. 8008. EMERGENCY DEPARTMENT OF VETERANS AF14 FAIRS EMPLOYEE LEAVE FUND. 

15 (a) ESTABLISHMENT; APPROPRIATION.—There is es16 tablished in the Treasury the Emergency Department of 

17 Veterans Affairs Employee Leave Fund (in this section 

18 referred to as the ‘‘Fund’’), to be administered by the Sec19 retary of Veterans Affairs, for the purposes set forth in 

20 subsection (b). In addition to amounts otherwise available, 

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

22 money in the Treasury not otherwise appropriated, 

23 $80,000,000, which shall be deposited into the Fund and 

24 remain available through September 20, 2022. 


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1 (b) PURPOSE.—Amounts in the Fund shall be avail2 able for payment to the Department of Veterans Affairs 

3 for the use of paid leave by any covered employee who 

4 is unable to work because the employee— 

5 (1) is subject to a Federal, State, or local quar6 antine or isolation order related to COVID–19; 

7 (2) has been advised by a health care provider 

8 to self-quarantine due to concerns related to 

9 COVID–19; 

10 (3) is caring for an individual who is subject to 

11 such an order or has been so advised; 

12 (4) is experiencing symptoms of COVID–19 

13 and seeking a medical diagnosis; 

14 (5) is caring for a son or daughter of such em15 ployee if the school or place of care of the son or 

16 daughter has been closed, if the school of such son 

17 or daughter requires or makes optional a virtual 

18 learning instruction model or requires or makes op19 tional a hybrid of in-person and virtual learning in20 struction models, or the child care provider of such 

21 son or daughter is unavailable, due to COVID–19 

22 precautions; 

23 (6) is experiencing any other substantially simi24 lar condition; 


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1 (7) is caring for a family member with a mental 

2 or physical disability or who is 55 years of age or 

3 older and incapable of self-care, without regard to 

4 whether another individual other than the employee 

5 is available to care for such family member, if the 

6 place of care for such family member is closed or the 

7 direct care provider is unavailable due to COVID– 

8 19; or 

9 (8) is obtaining immunization related to 

10 COVID–19 or to recover from any injury, disability, 

11 illness, or condition related to such immunization. 

12 (c) LIMITATIONS.— 

13 (1) PERIOD OF AVAILABILITY.—Paid leave 

14 under this section may only be provided to and used 

15 by a covered employee during the period beginning 

16 on the date of enactment of this Act and ending on 

17 September 30, 2021. 

18 (2) TOTAL HOURS; AMOUNT.—Paid leave under 

19 this section— 

20 (A) shall be provided to a covered employee 

21 in an amount not to exceed 600 hours of paid 

22 leave for each full-time employee, and in the 

23 case of a part-time employee, employee on an 

24 uncommon tour of duty, or employee with a 

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1 ceed the proportional equivalent of 600 hours to 

2 the extent amounts in the Fund remain avail3 able for reimbursement; 

4 (B) shall be paid at the same hourly rate 

5 as other leave payments; and 

6 (C) may not be provided to a covered em7 ployee if the leave would result in payments 

8 greater than $2,800 in aggregate for any bi9 weekly pay period for a full-time employee, or 

10 a proportionally equivalent biweekly limit for a 

11 part-time employee. 

12 (3) RELATIONSHIP TO OTHER LEAVE.—Paid 

13 leave under this section— 

14 (A) is in addition to any other leave pro15 vided to a covered employee; and 

16 (B) may not be used by a covered em17 ployee concurrently with any other paid leave. 

18 (4) CALCULATION OF RETIREMENT BENEFIT.— 

19 Any paid leave provided to a covered employee under 

20 this section shall reduce the total service used to cal21 culate any Federal civilian retirement benefit. 

22 (d) COVERED EMPLOYEE DEFINED.—In this section, 

23 the term ‘‘covered employee’’ means an employee of the 

24 Department of Veterans Affairs appointed under chapter 

25 74 of title 38, United States Code. 


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1 TITLE IX—COMMITTEE ON WAYS 

2 AND MEANS 

3 Subtitle A—Crisis Support for 

4 Unemployed Workers 

5 PART 1—EXTENSION OF CARES ACT 

6 UNEMPLOYMENT PROVISIONS 

7 SEC. 9011. EXTENSION OF PANDEMIC UNEMPLOYMENT AS8 SISTANCE. 

9 (a) IN GENERAL.—Section 2102(c) of the CARES 

10 Act (15 U.S.C. 9021(c)) is amended— 

11 (1) in paragraph (1)— 

12 (A) by striking ‘‘paragraphs (2) and (3)’’ 

13 and inserting ‘‘paragraph (2)’’; and 

14 (B) in subparagraph (A)(ii), by striking 

15 ‘‘March 14, 2021’’ and inserting ‘‘August 29, 

16 2021’’; and 

17 (2) by striking paragraph (3) and redesignating 

18 paragraph (4) as paragraph (3). 

19 (b) INCREASE IN NUMBER OF WEEKS.—Section 

20 2102(c)(2) of such Act (15 U.S.C. 9021(c)(2)) is amend21 ed— 

22 (1) by striking ‘‘50 weeks’’ and inserting ‘‘74 

23 weeks’’; and 

24 (2) by striking ‘‘50-week period’’ and inserting 

25 ‘‘74-week period’’. 


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1 (c) HOLD HARMLESS FOR PROPER ADMINISTRA2 TION.—In the case of an individual who is eligible to re3 ceive pandemic unemployment assistance under section 

4 2102 of the CARES Act (15 U.S.C. 9021) as of the day 

5 before the date of enactment of this Act and on the date 

6 of enactment of this Act becomes eligible for pandemic 

7 emergency unemployment compensation under section 

8 2107 of the CARES Act (15 U.S.C. 9025) by reason of 

9 the amendments made by section 9016(b) of this title, any 

10 payment of pandemic unemployment assistance under 

11 such section 2102 made after the date of enactment of 

12 this Act to such individual during an appropriate period 

13 of time, as determined by the Secretary of Labor, that 

14 should have been made under such section 2107 shall not 

15 be considered to be an overpayment of assistance under 

16 such section 2102, except that an individual may not re17 ceive payment for assistance under section 2102 and a 

18 payment for assistance under section 2107 for the same 

19 week of unemployment. 

20 (d) EFFECTIVE DATE.—The amendments made by 

21 subsections (a) and (b) shall apply as if included in the 

22 enactment of the CARES Act (Public Law 116–136), ex23 cept that no amount shall be payable by virtue of such 

24 amendments with respect to any week of unemployment 

25 commencing before the date of the enactment of this Act. 


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1 SEC. 9012. EXTENSION OF EMERGENCY UNEMPLOYMENT 

2 RELIEF FOR GOVERNMENTAL ENTITIES AND 

3 NONPROFIT ORGANIZATIONS. 

4 (a) IN GENERAL.—Section 903(i)(1)(D) of the Social 

5 Security Act (42 U.S.C. 1103(i)(1)(D)) is amended by 

6 striking ‘‘March 14, 2021’’ and inserting ‘‘August 29, 

7 2021’’. 

8 (b) INCREASE IN REIMBURSEMENT RATE.—Section 

9 903(i)(1)(B) of such Act (42 U.S.C. 1103(i)(1)(B)) is 

10 amended— 

11 (1) in the first sentence, by inserting ‘‘and ex12 cept as otherwise provided in this subparagraph’’ 

13 after ‘‘as determined by the Secretary of Labor’’; 

14 and 

15 (2) by inserting after the first sentence the fol16 lowing: ‘‘With respect to the amounts of such com17 pensation paid for weeks of unemployment beginning 

18 after March 31, 2021, and ending on or before Au19 gust 29, 2021, the preceding sentence shall be ap20 plied by substituting ‘75 percent’ for ‘one-half’.’’. 

21 SEC. 9013. EXTENSION OF FEDERAL PANDEMIC UNEMPLOY22 MENT COMPENSATION. 

23 (a) IN GENERAL.—Section 2104(e)(2) of the CARES 

24 Act (15 U.S.C. 9023(e)(2)) is amended by striking 

25 ‘‘March 14, 2021’’ and inserting ‘‘August 29, 2021’’. 


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1 (b) AMOUNT.—Section 2104(b)(3)(A) of such Act 

2 (15 U.S.C. 9023(b)(3)(A)) is amended by adding at the 

3 end the following: 

4 ‘‘(iii) For weeks of unemployment 

5 ending after March 14, 2021, and ending 

6 on or before August 29, 2021, $400.’’. 

7 SEC. 9014. EXTENSION OF FULL FEDERAL FUNDING OF THE 

8 FIRST WEEK OF COMPENSABLE REGULAR 

9 UNEMPLOYMENT FOR STATES WITH NO WAIT10 ING WEEK. 

11 (a) IN GENERAL.—Section 2105(e)(2) of the CARES 

12 Act (15 U.S.C. 9024(e)(2)) is amended by striking 

13 ‘‘March 14, 2021’’ and inserting ‘‘August 29, 2021’’. 

14 (b) FULL REIMBURSEMENT.—Paragraph (3) of sec15 tion 2105(c) of such Act (15 U.S.C. 9024(c)) is repealed 

16 and such section shall be applied to weeks of unemploy17 ment to which an agreement under section 2105 of such 

18 Act applies as if such paragraph had not been enacted. 

19 SEC. 9015. EXTENSION OF EMERGENCY STATE STAFFING 

20 FLEXIBILITY. 

21 If a State modifies its unemployment compensation 

22 law and policies, subject to the succeeding sentence, with 

23 respect to personnel standards on a merit basis on an 

24 emergency temporary basis as needed to respond to the 

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1 regarded for the purposes of applying section 303 of the 

2 Social Security Act and section 3304 of the Internal Rev3 enue Code of 1986 to such State law. Such modifications 

4 shall only apply through August 29, 2021, and shall be 

5 limited to engaging of temporary staff, rehiring of retirees 

6 or former employees on a non-competitive basis, and other 

7 temporary actions to quickly process applications and 

8 claims. 

9 SEC. 9016. EXTENSION OF PANDEMIC EMERGENCY UNEM10 PLOYMENT COMPENSATION. 

11 (a) IN GENERAL.—Section 2107(g) of the CARES 

12 Act (15 U.S.C. 9025(g)) is amended to read as follows: 

13 ‘‘(g) APPLICABILITY.—An agreement entered into 

14 under this section shall apply to weeks of unemployment— 

15 ‘‘(1) beginning after the date on which such 

16 agreement is entered into; and 

17 ‘‘(2) ending on or before August 29, 2021.’’. 

18 (b) INCREASE IN NUMBER OF WEEKS.—Section 

19 2107(b)(2) of such Act (15 U.S.C. 9025(b)(2)) is amend20 ed by striking ‘‘24’’ and inserting ‘‘48’’. 

21 (c) COORDINATION OF PANDEMIC EMERGENCY UN22 EMPLOYMENT COMPENSATION WITH EXTENDED COM23 PENSATION.—Section 2107(a)(5)(B) of such Act (15 

24 U.S.C. 9025(a)(5)(B)) is amended by inserting ‘‘or for the 

25 week that includes the date of enactment of the American 


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1 Rescue Plan Act of 2021 (without regard to the amend2 ments made by subsections (a) and (b) of section 9016 

3 of such Act)’’ after ‘‘2020)’’. 

4 (d) EFFECTIVE DATE.—The amendments made by 

5 this section shall apply as if included in the enactment 

6 of the CARES Act (Public Law 116–136), except that no 

7 amount shall be payable by virtue of such amendments 

8 with respect to any week of unemployment commencing 

9 before the date of the enactment of this Act. 

10 SEC. 9017. EXTENSION OF TEMPORARY FINANCING OF 

11 SHORT-TIME COMPENSATION PAYMENTS IN 

12 STATES WITH PROGRAMS IN LAW. 

13 Section 2108(b)(2) of the CARES Act (15 U.S.C. 

14 9026(b)(2)) is amended by striking ‘‘March 14, 2021’’ 

15 and inserting ‘‘August 29, 2021’’. 

16 SEC. 9018. EXTENSION OF TEMPORARY FINANCING OF 

17 SHORT-TIME COMPENSATION AGREEMENTS 

18 FOR STATES WITHOUT PROGRAMS IN LAW. 

19 Section 2109(d)(2) of the CARES Act (15 U.S.C. 

20 9027(d)(2)) is amended by striking ‘‘March 14, 2021’’ 

21 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; and 

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. 


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1 (c) RESTRICTIONS ON GRANTS TO STATES AND TER2 RITORIES.—As a condition of receiving a grant under sub3 section (b)(3), the Secretary may require that a State or 

4 territory receiving such a grant shall— 

5 (1) use such program integrity tools as the Sec6 retary may specify; and 

7 (2) as directed by the Secretary, conduct user 

8 accessibility testing on any new system developed by 

9 the Secretary pursuant to subsection (b)(2). 

10 Subtitle B—Emergency Assistance 

11 to Families Through Home Vis12 iting Programs 

13 SEC. 9101. EMERGENCY ASSISTANCE TO FAMILIES 

14 THROUGH HOME VISITING PROGRAMS. 

15 Title V of the Social Security Act (42 U.S.C. 701- 

16 713) is amended by inserting after section 511 the fol17 lowing: 

18 ‘‘SEC. 511A. EMERGENCY ASSISTANCE TO FAMILIES 

19 THROUGH HOME VISITING PROGRAMS. 

20 ‘‘(a) SUPPLEMENTAL APPROPRIATION.—In addition 

21 to amounts otherwise appropriated, out of any money in 

22 the Treasury of the United States not otherwise appro23 priated, there are appropriated to the Secretary 

24 $150,000,000, to remain available through September 30, 

25 2022, to enable eligible entities to conduct programs in 


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1 accordance with section 511 and subsection (c) of this sec2 tion. 

3 ‘‘(b) ELIGIBILITY FOR FUNDS.—To be eligible to re4 ceive funds made available by subsection (a) of this sec5 tion, an entity shall— 

6 ‘‘(1) as of the date of the enactment of this sec7 tion, be conducting a program under section 511; 

8 ‘‘(2) ensure the modification of grants, con9 tracts, and other agreements, as applicable, executed 

10 under section 511 under which the program is con11 ducted as are necessary to provide that, during the 

12 period that begins with the date of the enactment of 

13 this section and ends with the end of the 2nd suc14 ceeding fiscal year after the funds are awarded, the 

15 entity shall— 

16 ‘‘(A) not reduce funding for, or staffing 

17 levels of, the program on account of reduced en18 rollment in the program; and 

19 ‘‘(B) when using funds to provide emer20 gency supplies to eligible families receiving 

21 grant services under section 511, ensure coordi22 nation with local diaper banks to the extent 

23 practicable; and 


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1 ‘‘(3) reaffirm that, in conducting the program, 

2 the entity will focus on priority populations (as de3 fined in section 511(d)(4)). 

4 ‘‘(c) USES OF FUNDS.—An entity to which funds are 

5 provided under this section shall use the funds— 

6 ‘‘(1) to serve families with home visits or with 

7 virtual visits, that may be conducted by the use of 

8 electronic information and telecommunications tech9 nologies, in a service delivery model described in sec10 tion 511(d)(3)(A); 

11 ‘‘(2) to pay hazard pay or other additional staff 

12 costs associated with providing home visits or ad13 ministration for programs funded under section 511; 

14 ‘‘(3) to train home visitors employed by the en15 tity in conducting a virtual home visit and in emer16 gency preparedness and response planning for fami17 lies served, and may include training on how to safe18 ly conduct intimate partner violence screenings, and 

19 training on safety and planning for families served 

20 to support the family outcome improvements listed 

21 in section 511(d)(2)(B); 

22 ‘‘(4) for the acquisition by families served by 

23 programs under section 511 of such technological 

24 means as are needed to conduct and support a vir25 tual home visit; 


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1 ‘‘(5) to provide emergency supplies (such as 

2 diapers and diapering supplies including diaper 

3 wipes and diaper cream, necessary to ensure that a 

4 child using a diaper is properly cleaned and pro5 tected from diaper rash, formula, food, water, hand 

6 soap and hand sanitizer) to an eligible family (as de7 fined in section 511(k)(2)); 

8 ‘‘(6) to coordinate with and provide reimburse9 ment for supplies to diaper banks when using such 

10 entities to provide emergency supplies specified in 

11 paragraph (5); or 

12 ‘‘(7) to provide prepaid grocery cards to an eli13 gible family (as defined in section 511(k)(2)) partici14 pating in the maternal, infant, and early childhood 

15 home visiting program under section 511 for the 

16 purpose of enabling the family to meet the emer17 gency needs of the family.’’. 

18 Subtitle C—Emergency Assistance 

19 to Children and Families 

20 SEC. 9201. PANDEMIC EMERGENCY ASSISTANCE. 

21 Section 403 of the Social Security Act (42 U.S.C. 

22 603) is amended by adding at the end the following: 

23 ‘‘(c) PANDEMIC EMERGENCY ASSISTANCE.— 

24 ‘‘(1) APPROPRIATION.—In addition to amounts 

25 otherwise available, there is appropriated for fiscal 


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1 year 2021, out of any money in the Treasury of the 

2 United States not otherwise appropriated, 

3 $1,000,000,000, to remain available until expended, 

4 to carry out this subsection. 

5 ‘‘(2) RESERVATION OF FUNDS FOR TECHNICAL

6 ASSISTANCE.—Of the amount specified in paragraph 

7 (1), the Secretary shall reserve $2,000,000 for ad8 ministrative expenses and the provision of technical 

9 assistance to States and Indian tribes with respect 

10 to the use of funds provided under this subsection. 

11 ‘‘(3) ALLOTMENTS.— 

12 ‘‘(A) 50 STATES AND THE DISTRICT OF

13 COLUMBIA.— 

14 ‘‘(i) TOTAL AMOUNT TO BE ALLOT15 TED.—The Secretary shall allot a total of 

16 92.5 percent of the amount specified in 

17 paragraph (1) that is not reserved under 

18 paragraph (2) among the States that are 

19 not a territory and that are operating a 

20 program funded under this part, in accord21 ance with clause (ii) of this subparagraph. 

22 ‘‘(ii) ALLOTMENT FORMULA.—The 

23 Secretary shall allot to each such State the 

24 sum of the following percentages of the 

25 total amount described in clause (i): 


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1 ‘‘(I) 50 percent, multiplied by— 

2 ‘‘(aa) the population of chil3 dren in the State, determined on 

4 the basis of the most recent pop5 ulation estimates as determined 

6 by the Bureau of the Census; di7 vided by 

8 ‘‘(bb) the total population of 

9 children in the States that are 

10 not territories, as so determined; 

11 plus 

12 ‘‘(II) 50 percent, multiplied by— 

13 ‘‘(aa) the total amount ex14 pended by the State for basic as15 sistance, non-recurrent short 

16 term benefits, and emergency as17 sistance in fiscal year 2019, as 

18 reported by the State under sec19 tion 411; divided by 

20 ‘‘(bb) the total amount ex21 pended by the States that are not 

22 territories for basic assistance, 

23 non-recurrent short term bene24 fits, and emergency assistance in 


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1 fiscal year 2019, as so reported 

2 by the States. 

3 ‘‘(B) TERRITORIES AND INDIAN TRIBES.— 

4 The Secretary shall allot among the territories 

5 and Indian tribes otherwise eligible for a grant 

6 under this part such portions of 7.5 percent of 

7 the amount specified in paragraph (1) that are 

8 not reserved under paragraph (2) as the Sec9 retary deems appropriate based on the needs of 

10 the territory or tribe involved. 

11 ‘‘(C) EXPENDITURE COMMITMENT RE12 QUIREMENT.—To receive the full amount of 

13 funding payable under this subsection, a State 

14 or Indian tribe shall inform the Secretary as to 

15 whether it intends to use all of its allotment 

16 under this paragraph and provide that informa17 tion— 

18 ‘‘(i) in the case of a State that is not 

19 a territory, within 45 days after the date 

20 of the enactment of this subsection; or 

21 ‘‘(ii) in the case of a territory or an 

22 Indian tribe, within 90 days after such 

23 date of enactment. 

24 ‘‘(4) GRANTS.— 


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1 ‘‘(A) IN GENERAL.—The Secretary shall 

2 provide funds to each State and Indian tribe to 

3 which an amount is allotted under paragraph 

4 (3), from the amount so allotted. 

5 ‘‘(B) TREATMENT OF UNUSED FUNDS.— 

6 ‘‘(i) REALLOTMENT.—The Secretary 

7 shall reallot in accordance with paragraph 

8 (3) all funds provided to any State or In9 dian tribe under this subsection that are 

10 unused, among the other States and In11 dian tribes eligible for funds under this 

12 subsection. For purposes of paragraph (3), 

13 the Secretary shall treat the funds as if in14 cluded in the amount specified in para15 graph (1). 

16 ‘‘(ii) PROVISION.—The Secretary shall 

17 provide funds to each such other State or 

18 Indian tribe in an amount equal to the 

19 amount so reallotted. 

20 ‘‘(5) RECIPIENT OF FUNDS PROVIDED FOR TER21 RITORIES.—In the case of a territory not operating 

22 a program funded under this part, the Secretary 

23 shall provide the funds required to be provided to 

24 the territory under this subsection, to the agency 


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1 that administers the bulk of local human services 

2 programs in the territory. 

3 ‘‘(6) USE OF FUNDS.— 

4 ‘‘(A) IN GENERAL.—A State or Indian 

5 tribe to which funds are provided under this 

6 subsection may use the funds only for non-re7 current short term benefits, whether in the 

8 form of cash or in other forms. 

9 ‘‘(B) LIMITATION ON USE FOR ADMINIS10 TRATIVE EXPENSES.—A State to which funds 

11 are provided under this subsection shall not ex12 pend more than 15 percent of the funds for ad13 ministrative purposes. 

14 ‘‘(C) NONSUPPLANTATION.—Funds pro15 vided under this subsection shall be used to 

16 supplement and not supplant other Federal, 

17 State, or tribal funds for services and activities 

18 that promote the purposes of this part. 

19 ‘‘(D) EXPENDITURE DEADLINE.— 

20 ‘‘(i) IN GENERAL.—Except as pro21 vided in clause (ii), a State or Indian tribe 

22 to which funds are provided under this 

23 subsection shall expend the funds not later 

24 than the end of fiscal year 2022. 


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1 ‘‘(ii) EXCEPTION FOR REALLOTTED

2 FUNDS.—A State or Indian tribe to which 

3 funds are provided under paragraph (4)(B) 

4 shall expend the funds within 12 months 

5 after receipt. 

6 ‘‘(7) EXPENDITURE REPORTS.—On expending 

7 all funds provided to a State or Indian tribe under 

8 this subsection, the entity shall submit to the Sec9 retary a written report that describes how the funds 

10 were expended, which report shall be so submitted— 

11 ‘‘(A) if the entity is a State that is not a 

12 territory, within 90 days after expenditure; or 

13 ‘‘(B) if the entity is a territory or is oper14 ating a tribal program funded under this part, 

15 within 120 days after expenditure. 

16 ‘‘(8) SUSPENSION OF TERRITORY SPENDING

17 CAP.—Section 1108 shall not apply with respect to 

18 any funds provided under this subsection. 

19 ‘‘(9) DEFINITIONS.—In this subsection: 

20 ‘‘(A) APPLICABLE PERIOD.—The term ‘ap21 plicable period’ means the period that begins 

22 with April 1, 2021, and ends with September 

23 30, 2022. 

24 ‘‘(B) NON-RECURRENT SHORT TERM BEN25 EFITS.—The term ‘non-recurrent short term 


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1 benefits’ has the meaning given the term in 

2 OMB approved Form ACF-196R, published on 

3 July 31, 2014. 

4 ‘‘(C) STATE.—The term ‘State’ means the 

5 50 States of the United States, the District of 

6 Columbia, and the territories. 

7 ‘‘(D) TERRITORY.—The term ‘territory’ 

8 means the Commonwealth of Puerto Rico, the 

9 United States Virgin Islands, Guam, American 

10 Samoa, and the Commonwealth of the Northern 

11 Mariana Islands.’’. 

12 Subtitle D—Elder Justice and 

13 Support Guarantee 

14 SEC. 9301. ADDITIONAL FUNDING FOR AGING AND DIS15 ABILITY SERVICES PROGRAMS. 

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

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

18 following: 

19 ‘‘SEC. 2010. ADDITIONAL FUNDING FOR AGING AND DIS20 ABILITY SERVICES PROGRAMS. 

21 ‘‘(a) APPROPRIATION.—In addition to amounts oth22 erwise available, there is appropriated for fiscal year 2021, 

23 out of any money in the Treasury not otherwise appro24 priated, $276,000,000, to remain available until expended, 

25 to carry out the programs described in subtitle B. 


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1 ‘‘(b) USE OF FUNDS.— 

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

3 available by subsection (a)— 

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

5 to carry out the programs described in subtitle 

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

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

8 amount previously provided in fiscal year 2021 

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

10 available to carry out such section; and 

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

12 to carry out the programs described in subtitle 

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

14 $100,000,000 shall be for activities described in 

15 section 2042(b). 

16 ‘‘(2) SERVICES FOR ALL ADULTS.—The 

17 amounts made available by subsection (a) of this 

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

19 provide services under programs described in section 

20 2042(b) for all adults, as defined by local adult pro21 tective services statutes and regulations.’’. 


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1 Subtitle E—Support to Skilled 

2 Nursing Facilities in Response 

3 to COVID–19 

4 SEC. 9401. PROVIDING FOR INFECTION CONTROL SUPPORT 

5 TO SKILLED NURSING FACILITIES THROUGH 

6 CONTRACTS WITH QUALITY IMPROVEMENT 

7 ORGANIZATIONS. 

8 Section 1862(g) of the Social Security Act (42 U.S.C. 

9 1395y(g)) is amended— 

10 (1) by striking ‘‘The Secretary’’ and inserting 

11 ‘‘(1) The Secretary’’; and 

12 (2) by adding at the end the following new 

13 paragraph: 

14 ‘‘(2) In addition to any amounts otherwise available, 

15 there is appropriated to the Secretary, out of any monies 

16 in the Treasury not otherwise appropriated, 

17 $200,000,000, to remain available until expended, for pur18 poses of carrying out infection control support (as deter19 mined appropriate by the Secretary) through the develop20 ment and dissemination of protocols relating to the pre21 vention or mitigation of COVID–19 in skilled nursing fa22 cilities (as defined in section 1819(a)).’’. 


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1 SEC. 9402. FUNDING FOR STRIKE TEAMS FOR RESIDENT 

2 AND EMPLOYEE SAFETY IN SKILLED NURS3 ING FACILITIES. 

4 Section 1819 of the Social Security Act (42 U.S.C. 

5 1395i–3) is amended by adding at the end the following 

6 new subsection: 

7 ‘‘(k) FUNDING FOR STRIKE TEAMS.—In addition to 

8 amounts otherwise available, there is appropriated to the 

9 Secretary, out of any monies in the Treasury not otherwise 

10 appropriated, $250,000,000, to remain available until ex11 pended, for purposes of allocating such amount among the 

12 States (including the District of Columbia and each terri13 tory of the United States) for such a State to establish 

14 and implement a strike team that will be deployed to a 

15 skilled nursing facility in the State with diagnosed or sus16 pected cases of COVID–19 among residents or staff for 

17 the purposes of assisting with clinical care, infection con18 trol, or staffing during the emergency period described in 

19 section 1135(g)(1)(B).’’. 

20 Subtitle F—Preserving Health 

21 Benefits for Workers 

22 SEC. 9501. PRESERVING HEALTH BENEFITS FOR WORKERS. 

23 (a) PREMIUM ASSISTANCE FOR COBRA CONTINU24 ATION COVERAGE FOR INDIVIDUALS AND THEIR FAMI25 LIES.— 

26 (1) PROVISION OF PREMIUM ASSISTANCE.— 


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1 (A) REDUCTION OF PREMIUMS PAY2 ABLE.—In the case of any premium for a pe3 riod of coverage during the period beginning on 

4 the first day of the first month beginning after 

5 the date of the enactment of this Act, and end6 ing on September 30, 2021, for COBRA con7 tinuation coverage with respect to any assist8 ance eligible individual described in paragraph 

9 (3), such individual shall be treated for pur10 poses of any COBRA continuation provision as 

11 having paid the amount of such premium if 

12 such individual pays (or any person other than 

13 such individual’s employer pays on behalf of 

14 such individual) 15 percent of the amount of 

15 such premium. 

16 (B) PLAN ENROLLMENT OPTION.— 

17 (i) IN GENERAL.—Notwithstanding 

18 the COBRA continuation provisions, any 

19 assistance eligible individual who is en20 rolled in a group health plan offered by a 

21 plan sponsor may, not later than 90 days 

22 after the date of notice of the plan enroll23 ment option described in this subpara24 graph, elect to enroll in coverage under a 

25 plan offered by such plan sponsor that is 


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1 different than coverage under the plan in 

2 which such individual was enrolled at the 

3 time, in the case of any assistance eligible 

4 individual described in paragraph (3), the 

5 qualifying event specified in section 603(2) 

6 of the Employee Retirement Income Secu7 rity Act of 1974, section 4980B(f)(3)(B) 

8 of the Internal Revenue Code of 1986, or 

9 section 2203(2) of the Public Health Serv10 ice Act, except for the voluntary termi11 nation of such individual’s employment by 

12 such individual, occurred, and such cov13 erage shall be treated as COBRA continu14 ation coverage for purposes of the applica15 ble COBRA continuation coverage provi16 sion. 

17 (ii) REQUIREMENTS.—Any assistance 

18 eligible individual may elect to enroll in 

19 different coverage as described in clause (i) 

20 only if— 

21 (I) the employer involved has 

22 made a determination that such em23 ployer will permit such assistance eli24 gible individual to enroll in different 


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1 coverage as provided under this sub2 paragraph; 

3 (II) the premium for such dif4 ferent coverage does not exceed the 

5 premium for coverage in which such 

6 individual was enrolled at the time 

7 such qualifying event occurred; 

8 (III) the different coverage in 

9 which the individual elects to enroll is 

10 coverage that is also offered to simi11 larly situated active employees of the 

12 employer at the time at which such 

13 election is made; and 

14 (IV) the different coverage in 

15 which the individual elects to enroll is 

16 not— 

17 (aa) coverage that provides 

18 only excepted benefits as defined 

19 in section 9832(c) of the Internal 

20 Revenue Code of 1986, section 

21 733(c) of the Employee Retire22 ment Income Security Act of 

23 1974, and section 2791(c) of the 

24 Public Health Service Act; 


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1 (bb) a qualified small em2 ployer health reimbursement ar3 rangement (as defined in section 

4 9831(d)(2) of the Internal Rev5 enue Code of 1986); or 

6 (cc) a flexible spending ar7 rangement (as defined in section 

8 106(c)(2) of the Internal Rev9 enue Code of 1986). 

10 (2) LIMITATION OF PERIOD OF PREMIUM AS11 SISTANCE.— 

12 (A) ELIGIBILITY FOR ADDITIONAL COV13 ERAGE.—Paragraph (1)(A) shall not apply with 

14 respect to any assistance eligible individual de15 scribed in paragraph (3) for months of coverage 

16 beginning on or after the earlier of— 

17 (i) the first date that such individual 

18 is eligible for coverage under any other 

19 group health plan (other than coverage 

20 consisting of only excepted benefits (as de21 fined in section 9832(c) of the Internal 

22 Revenue Code of 1986, section 733(c) of 

23 the Employee Retirement Income Security 

24 Act of 1974, and section 2791(c) of the 

25 Public Health Service Act), coverage under 


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1 a flexible spending arrangement (as de2 fined in section 106(c)(2) of the Internal 

3 Revenue Code of 1986), coverage under a 

4 qualified small employer health reimburse5 ment arrangement (as defined in section 

6 9831(d)(2) of the Internal Revenue Code 

7 of 1986)), or eligible for benefits under the 

8 Medicare program under title XVIII of the 

9 Social Security Act; or 

10 (ii) the earlier of— 

11 (I) the date following the expira12 tion of the maximum period of con13 tinuation coverage required under the 

14 applicable COBRA continuation cov15 erage provision; or 

16 (II) the date following the expira17 tion of the period of continuation cov18 erage allowed under paragraph 

19 (4)(B)(ii). 

20 (B) NOTIFICATION REQUIREMENT.—Any 

21 assistance eligible individual shall notify the 

22 group health plan with respect to which para23 graph (1)(A) applies if such paragraph ceases 

24 to apply by reason of clause (i) of subparagraph 

25 (A) (as applicable). Such notice shall be proVerDate Sep 11 2014 23:55 Mar 02, 2021 Jkt 019200 PO 00000 Frm 00417 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.PCS H1319

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1 vided to the group health plan in such time and 

2 manner as may be specified by the Secretary of 

3 Labor. 

4 (3) ASSISTANCE ELIGIBLE INDIVIDUAL.—For 

5 purposes of this section, the term ‘‘assistance eligible 

6 individual’’ means, with respect to a period of cov7 erage during the period beginning on the first day 

8 of the first month beginning after the date of the en9 actment of this Act, and ending on September 30, 

10 2021, any individual that is a qualified beneficiary 

11 who— 

12 (A) is eligible for COBRA continuation 

13 coverage by reason of a qualifying event speci14 fied in section 603(2) of the Employee Retire15 ment Income Security Act of 1974, section 

16 4980B(f)(3)(B) of the Internal Revenue Code 

17 of 1986, or section 2203(2) of the Public 

18 Health Service Act, except for the voluntary 

19 termination of such individual’s employment by 

20 such individual; and 

21 (B) elects such coverage. 

22 (4) EXTENSION OF ELECTION PERIOD AND EF23 FECT ON COVERAGE.— 

24 (A) IN GENERAL.—For purposes of apply25 ing section 605(a) of the Employee Retirement 


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1 Income Security Act of 1974, section 

2 4980B(f)(5)(A) of the Internal Revenue Code 

3 of 1986, and section 2205(a) of the Public 

4 Health Service Act, in the case of— 

5 (i) an individual who does not have an 

6 election of COBRA continuation coverage 

7 in effect on the first day of the first month 

8 beginning after the date of the enactment 

9 of this Act but who would be an assistance 

10 eligible individual described in paragraph 

11 (3) if such election were so in effect; or 

12 (ii) an individual who elected COBRA 

13 continuation coverage and discontinued 

14 from such coverage before the first day of 

15 the first month beginning after the date of 

16 the enactment of this Act, 

17 such individual may elect the COBRA continu18 ation coverage under the COBRA continuation 

19 coverage provisions containing such provisions 

20 during the period beginning on the first day of 

21 the first month beginning after the date of the 

22 enactment of this Act and ending 60 days after 

23 the date on which the notification required 

24 under paragraph (6)(C) is provided to such in25 dividual. 


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1 (B) COMMENCEMENT OF COBRA CONTINU2 ATION COVERAGE.—Any COBRA continuation 

3 coverage elected by a qualified beneficiary dur4 ing an extended election period under subpara5 graph (A)— 

6 (i) shall commence (including for pur7 poses of applying the treatment of pre8 mium payments under paragraph (1)(A) 

9 and any cost-sharing requirements for 

10 items and services under a group health 

11 plan) with the first period of coverage be12 ginning on or after the first day of the 

13 first month beginning after the date of the 

14 enactment of this Act, and 

15 (ii) shall not extend beyond the period 

16 of COBRA continuation coverage that 

17 would have been required under the appli18 cable COBRA continuation coverage provi19 sion if the coverage had been elected as re20 quired under such provision. 

21 (5) NOTICES TO INDIVIDUALS.— 

22 (A) GENERAL NOTICE.— 

23 (i) IN GENERAL.—In the case of no24 tices provided under section 606(a)(4) of 

25 the Employee Retirement Income Security 


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1 Act of 1974 (29 U.S.C. 1166(4)), section 

2 4980B(f)(6)(D) of the Internal Revenue 

3 Code of 1986, or section 2206(4) of the 

4 Public Health Service Act (42 U.S.C. 

5 300bb–6(4)), with respect to individuals 

6 who, during the period described in para7 graph (3), become entitled to elect COBRA 

8 continuation coverage, the requirements of 

9 such provisions shall not be treated as met 

10 unless such notices include an additional 

11 written notification to the recipient in clear 

12 and understandable language of— 

13 (I) the availability of premium 

14 assistance with respect to such cov15 erage under this subsection; and 

16 (II) the option to enroll in dif17 ferent coverage if the employer per18 mits assistance eligible individuals de19 scribed in paragraph (3) to elect en20 rollment in different coverage (as de21 scribed in paragraph (1)(B)). 

22 (ii) ALTERNATIVE NOTICE.—In the 

23 case of COBRA continuation coverage to 

24 which the notice provision under such sec25 tions does not apply, the Secretary of 


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1 Labor, in consultation with the Secretary 

2 of the Treasury and the Secretary of 

3 Health and Human Services, shall, in con4 sultation with administrators of the group 

5 health plans (or other entities) that provide 

6 or administer the COBRA continuation 

7 coverage involved, provide rules requiring 

8 the provision of such notice. 

9 (iii) FORM.—The requirement of the 

10 additional notification under this subpara11 graph may be met by amendment of exist12 ing notice forms or by inclusion of a sepa13 rate document with the notice otherwise 

14 required. 

15 (B) SPECIFIC REQUIREMENTS.—Each ad16 ditional notification under subparagraph (A) 

17 shall include— 

18 (i) the forms necessary for estab19 lishing eligibility for premium assistance 

20 under this subsection; 

21 (ii) the name, address, and telephone 

22 number necessary to contact the plan ad23 ministrator and any other person main24 taining relevant information in connection 

25 with such premium assistance; 


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1 (iii) a description of the extended elec2 tion period provided for in paragraph 

3 (4)(A); 

4 (iv) a description of the obligation of 

5 the qualified beneficiary under paragraph 

6 (2)(B) and the penalty provided under sec7 tion 6720C of the Internal Revenue Code 

8 of 1986 for failure to carry out the obliga9 tion; 

10 (v) a description, displayed in a 

11 prominent manner, of the qualified bene12 ficiary’s right to a reduced premium and 

13 any conditions on entitlement to the re14 duced premium; and 

15 (vi) a description of the option of the 

16 qualified beneficiary to enroll in different 

17 coverage if the employer permits such ben18 eficiary to elect to enroll in such different 

19 coverage under paragraph (1)(B). 

20 (C) NOTICE IN CONNECTION WITH EX21 TENDED ELECTION PERIODS.—In the case of 

22 any assistance eligible individual described in 

23 paragraph (3) (or any individual described in 

24 paragraph (4)(A)) who became entitled to elect 

25 COBRA continuation coverage before the first 


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1 day of the first month beginning after the date 

2 of the enactment of this Act, the administrator 

3 of the applicable group health plan (or other 

4 entity) shall provide (within 60 days after such 

5 first day of such first month) for the additional 

6 notification required to be provided under sub7 paragraph (A) and failure to provide such no8 tice shall be treated as a failure to meet the no9 tice requirements under the applicable COBRA 

10 continuation provision. 

11 (D) MODEL NOTICES.—Not later than 30 

12 days after the date of enactment of this Act, 

13 with respect to any assistance eligible individual 

14 described in paragraph (3), the Secretary of 

15 Labor, in consultation with the Secretary of the 

16 Treasury and the Secretary of Health and 

17 Human Services, shall prescribe models for the 

18 additional notification required under this para19 graph. 

20 (6) NOTICE OF EXPIRATION OF PERIOD OF

21 PREMIUM ASSISTANCE.— 

22 (A) IN GENERAL.—With respect to any as23 sistance eligible individual, subject to subpara24 graph (B), the requirements of section 

25 606(a)(4) of the Employee Retirement Income 


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1 Security Act of 1974 (29 U.S.C. 1166(4)), sec2 tion 4980B(f)(6)(D) of the Internal Revenue 

3 Code of 1986, or section 2206(4) of the Public 

4 Health Service Act (42 U.S.C. 300bb–6(4)), 

5 shall not be treated as met unless the plan ad6 ministrator of the individual, during the period 

7 specified under subparagraph (C), provides to 

8 such individual a written notice in clear and un9 derstandable language— 

10 (i) that the premium assistance for 

11 such individual will expire soon and the 

12 prominent identification of the date of 

13 such expiration; and 

14 (ii) that such individual may be eligi15 ble for coverage without any premium as16 sistance through— 

17 (I) COBRA continuation cov18 erage; or 

19 (II) coverage under a group 

20 health plan. 

21 (B) EXCEPTION.—The requirement for the 

22 group health plan administrator to provide the 

23 written notice under subparagraph (A) shall be 

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1 vidual expires pursuant to clause (i) of para2 graph (2)(A). 

3 (C) PERIOD SPECIFIED.—For purposes of 

4 subparagraph (A), the period specified in this 

5 subparagraph is, with respect to the date of ex6 piration of premium assistance for any assist7 ance eligible individual pursuant to a limitation 

8 requiring a notice under this paragraph, the pe9 riod beginning on the day that is 45 days before 

10 the date of such expiration and ending on the 

11 day that is 15 days before the date of such ex12 piration. 

13 (D) MODEL NOTICES.—Not later than 45 

14 days after the date of enactment of this Act, 

15 with respect to any assistance eligible indi16 vidual, the Secretary of Labor, in consultation 

17 with the Secretary of the Treasury and the Sec18 retary of Health and Human Services, shall 

19 prescribe models for the notification required 

20 under this paragraph. 

21 (7) REGULATIONS.—The Secretary of the 

22 Treasury and the Secretary of Labor may jointly 

23 prescribe such regulations or other guidance as may 

24 be necessary or appropriate to carry out the provi25 sions of this subsection, including the prevention of 


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1 fraud and abuse under this subsection, except that 

2 the Secretary of Labor and the Secretary of Health 

3 and Human Services may prescribe such regulations 

4 (including interim final regulations) or other guid5 ance as may be necessary or appropriate to carry 

6 out the provisions of paragraphs (5), (6), and (8). 

7 (8) OUTREACH.— 

8 (A) IN GENERAL.—The Secretary of 

9 Labor, in consultation with the Secretary of the 

10 Treasury and the Secretary of Health and 

11 Human Services, shall provide outreach con12 sisting of public education and enrollment as13 sistance relating to premium assistance pro14 vided under this subsection. Such outreach shall 

15 target employers, group health plan administra16 tors, public assistance programs, States, insur17 ers, and other entities as determined appro18 priate by such Secretaries. Such outreach shall 

19 include an initial focus on those individuals 

20 electing continuation coverage who are referred 

21 to in paragraph (5)(C). Information on such 

22 premium assistance, including enrollment, shall 

23 also be made available on websites of the De24 partments of Labor, Treasury, and Health and 

25 Human Services. 


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1 (B) ENROLLMENT UNDER MEDICARE.— 

2 The Secretary of Health and Human Services 

3 shall provide outreach consisting of public edu4 cation. Such outreach shall target individuals 

5 who lose health insurance coverage. Such out6 reach shall include information regarding en7 rollment for Medicare benefits for purposes of 

8 preventing mistaken delays of such enrollment 

9 by such individuals, including lifetime penalties 

10 for failure of timely enrollment. 

11 (9) DEFINITIONS.—For purposes of this sec12 tion: 

13 (A) ADMINISTRATOR.—The term ‘‘admin14 istrator’’ has the meaning given such term in 

15 section 3(16)(A) of the Employee Retirement 

16 Income Security Act of 1974. 

17 (B) COBRA CONTINUATION COVERAGE.— 

18 The term ‘‘COBRA continuation coverage’’ 

19 means continuation coverage provided pursuant 

20 to part 6 of subtitle B of title I of the Em21 ployee Retirement Income Security Act of 1974 

22 (other than under section 609), title XXII of 

23 the Public Health Service Act, or section 

24 4980B of the Internal Revenue Code of 1986 

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1 sofar as it relates to pediatric vaccines), or 

2 under a State program that provides com3 parable continuation coverage. Such term does 

4 not include coverage under a health flexible 

5 spending arrangement under a cafeteria plan 

6 within the meaning of section 125 of the Inter7 nal Revenue Code of 1986. 

8 (C) COBRA CONTINUATION PROVISION.— 

9 The term ‘‘COBRA continuation provision’’ 

10 means the provisions of law described in sub11 paragraph (B). 

12 (D) COVERED EMPLOYEE.—The term 

13 ‘‘covered employee’’ has the meaning given such 

14 term in section 607(2) of the Employee Retire15 ment Income Security Act of 1974. 

16 (E) QUALIFIED BENEFICIARY.—The term 

17 ‘‘qualified beneficiary’’ has the meaning given 

18 such term in section 607(3) of the Employee 

19 Retirement Income Security Act of 1974. 

20 (F) GROUP HEALTH PLAN.—The term 

21 ‘‘group health plan’’ has the meaning given 

22 such term in section 607(1) of the Employee 

23 Retirement Income Security Act of 1974. 

24 (G) STATE.—The term ‘‘State’’ includes 

25 the District of Columbia, the Commonwealth of 


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1 Puerto Rico, the Virgin Islands, Guam, Amer2 ican Samoa, and the Commonwealth of the 

3 Northern Mariana Islands. 

4 (H) PERIOD OF COVERAGE.—Any ref5 erence in this subsection to a period of coverage 

6 shall be treated as a reference to a monthly or 

7 shorter period of coverage with respect to which 

8 premiums are charged with respect to such cov9 erage. 

10 (I) PLAN SPONSOR.—The term ‘‘plan 

11 sponsor’’ has the meaning given such term in 

12 section 3(16)(B) of the Employee Retirement 

13 Income Security Act of 1974. 

14 (J) PREMIUM.—The term ‘‘premium’’ in15 cludes, with respect to COBRA continuation 

16 coverage, any administrative fee. 

17 (10) IMPLEMENTATION FUNDING.—In addition 

18 to amounts otherwise made available, out of any 

19 funds in the Treasury not otherwise appropriated, 

20 there are appropriated to the Secretary of Labor for 

21 fiscal year 2021, $10,000,000, to remain available 

22 until expended, for the Employee Benefits Security 

23 Administration to carry out the provisions of this 

24 subtitle. 

25 (b) COBRA PREMIUM ASSISTANCE.— 


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1 (1) ALLOWANCE OF CREDIT.— 

2 (A) IN GENERAL.—Subchapter B of chap3 ter 65 of the Internal Revenue Code of 1986 is 

4 amended by adding at the end the following 

5 new section: 

6 ‘‘SEC. 6432. CONTINUATION COVERAGE PREMIUM ASSIST7 ANCE. 

8 ‘‘(a) IN GENERAL.—The person to whom premiums 

9 are payable for continuation coverage under section 

10 9501(a)(1) of the American Rescue Plan Act of 2021 shall 

11 be allowed as a credit against the tax imposed by section 

12 3111(b), or so much of the taxes imposed under section 

13 3221(a) as are attributable to the rate in effect under sec14 tion 3111(b), for each calendar quarter an amount equal 

15 to the premiums not paid by assistance eligible individuals 

16 for such coverage by reason of such section 9501(a)(1) 

17 with respect to such calendar quarter. 

18 ‘‘(b) PERSON TO WHOM PREMIUMS ARE PAYABLE.— 

19 For purposes of subsection (a), except as otherwise pro20 vided by the Secretary, the person to whom premiums are 

21 payable under such continuation coverage shall be treated 

22 as being— 

23 ‘‘(1) in the case of any group health plan which 

24 is a multiemployer plan (as defined in section 3(37) 


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1 of the Employee Retirement Income Security Act of 

2 1974), the plan, 

3 ‘‘(2) in the case of any group health plan not 

4 described in paragraph (1)— 

5 ‘‘(A) which is subject to the COBRA con6 tinuation provisions contained in— 

7 ‘‘(i) the Internal Revenue Code of 

8 1986, 

9 ‘‘(ii) the Employee Retirement Income 

10 Security Act of 1974, or 

11 ‘‘(iii) the Public Health Service Act, 

12 or 

13 ‘‘(B) under which some or all of the cov14 erage is not provided by insurance, 

15 the employer maintaining the plan, and 

16 ‘‘(3) in the case of any group health plan not 

17 described in paragraph (1) or (2), the insurer pro18 viding the coverage under the group health plan. 

19 ‘‘(c) LIMITATIONS AND REFUNDABILITY.— 

20 ‘‘(1) CREDIT LIMITED TO CERTAIN EMPLOY21 MENT TAXES.—The credit allowed by subsection (a) 

22 with respect to any calendar quarter shall not exceed 

23 the tax imposed by section 3111(b), or so much of 

24 the taxes imposed under section 3221(a) as are at25 tributable to the rate in effect under section 


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1 3111(b), for such calendar quarter (reduced by any 

2 credits allowed against such taxes under sections 

3 3131, 3132, and 3134) on the wages paid with re4 spect to the employment of all employees of the em5 ployer. 

6 ‘‘(2) REFUNDABILITY OF EXCESS CREDIT.— 

7 ‘‘(A) CREDIT IS REFUNDABLE.—If the 

8 amount of the credit under subsection (a) ex9 ceeds the limitation of paragraph (1) for any 

10 calendar quarter, such excess shall be treated 

11 as an overpayment that shall be refunded under 

12 sections 6402(a) and 6413(b). 

13 ‘‘(B) CREDIT MAY BE ADVANCED.—In an14 ticipation of the credit, including the refundable 

15 portion under subparagraph (A), the credit may 

16 be advanced, according to forms and instruc17 tions provided by the Secretary, up to an 

18 amount calculated under subsection (a) through 

19 the end of the most recent payroll period in the 

20 quarter. 

21 ‘‘(C) TREATMENT OF DEPOSITS.—The 

22 Secretary shall waive any penalty under section 

23 6656 for any failure to make a deposit of the 

24 tax imposed by section 3111(b), or so much of 

25 the taxes imposed under section 3221(a) as are 


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1 attributable to the rate in effect under section 

2 3111(b), if the Secretary determines that such 

3 failure was due to the anticipation of the credit 

4 allowed under this section. 

5 ‘‘(D) TREATMENT OF PAYMENTS.—For 

6 purposes of section 1324 of title 31, United 

7 States Code, any amounts due to an employer 

8 under this paragraph shall be treated in the 

9 same manner as a refund due from a credit 

10 provision referred to in subsection (b)(2) of 

11 such section. 

12 ‘‘(3) OVERSTATEMENTS.—Any overstatement of 

13 the credit to which a person is entitled under this 

14 section (and any amount paid by the Secretary as a 

15 result of such overstatement) shall be treated as an 

16 underpayment by such person of the taxes described 

17 in paragraph (1) and may be assessed and collected 

18 by the Secretary in the same manner as such taxes. 

19 ‘‘(d) GOVERNMENTAL ENTITIES.—For purposes of 

20 this section, the term ‘person’ includes the government of 

21 any State or political subdivision thereof, any Indian tribal 

22 government (as defined in section 139E(c)(1)), any agency 

23 or instrumentality of any of the foregoing, and any agency 

24 or instrumentality of the Government of the United States 


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1 that is described in section 501(c)(1) and exempt from 

2 taxation under section 501(a). 

3 ‘‘(e) DENIAL OF DOUBLE BENEFIT.—For purposes 

4 of chapter 1, the gross income of any person allowed a 

5 credit under this section shall be increased for the taxable 

6 year which includes the last day of any calendar quarter 

7 with respect to which such credit is allowed by the amount 

8 of such credit. No credit shall be allowed under this sec9 tion with respect to any amount which is taken into ac10 count as qualified wages under section 2301 of the 

11 CARES Act or section 3134 of this title or as qualified 

12 health plan expenses under section 7001(d) or 7003(d) of 

13 the Families First Coronavirus Response Act or section 

14 3131 or 3132 of this title. 

15 ‘‘(f) EXTENSION OF LIMITATION ON ASSESSMENT.— 

16 Notwithstanding section 6501, the limitation on the time 

17 period for the assessment of any amount attributable to 

18 a credit claimed under this section shall not expire before 

19 the date that is 5 years after the later of— 

20 ‘‘(1) the date on which the original return 

21 which includes the calendar quarter with respect to 

22 which such credit is determined is filed, or 

23 ‘‘(2) the date on which such return is treated 

24 as filed under section 6501(b)(2). 


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1 ‘‘(g) REGULATIONS.—The Secretary shall issue such 

2 regulations, or other guidance, forms, instructions, and 

3 publications, as may be necessary or appropriate to carry 

4 out this section, including— 

5 ‘‘(1) the requirement to report information or 

6 the establishment of other methods for verifying the 

7 correct amounts of reimbursements under this sec8 tion, 

9 ‘‘(2) the application of this section to group 

10 health plans that are multiemployer plans (as de11 fined in section 3(37) of the Employee Retirement 

12 Income Security Act of 1974), 

13 ‘‘(3) to allow the advance payment of the credit 

14 determined under subsection (a), subject to the limi15 tations provided in this section, based on such infor16 mation as the Secretary shall require, 

17 ‘‘(4) to provide for the reconciliation of such 

18 advance payment with the amount of the credit at 

19 the time of filing the return of tax for the applicable 

20 quarter or taxable year, and 

21 ‘‘(5) allowing the credit to third party payors 

22 (including professional employer organizations, cer23 tified professional employer organizations, or agents 

24 under section 3504).’’. 


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1 (B) CLERICAL AMENDMENT.—The table of 

2 sections for subchapter B of chapter 65 of the 

3 Internal Revenue Code of 1986 is amended by 

4 adding at the end the following new item: 

‘‘Sec. 6432. Continuation coverage premium assistance.’’. 

5 (C) EFFECTIVE DATE.—The amendments 

6 made by this paragraph shall apply to pre7 miums to which subsection (a)(1)(A) applies 

8 and wages paid on or after April 1, 2021. 

9 (D) SPECIAL RULE IN CASE OF EMPLOYEE

10 PAYMENT THAT IS NOT REQUIRED UNDER THIS

11 SECTION.— 

12 (i) IN GENERAL.—In the case of an 

13 assistance eligible individual who pays, 

14 with respect any period of coverage to 

15 which subsection (a)(1)(A) applies, the 

16 amount of the premium for such coverage 

17 that the individual would have (but for this 

18 Act) been required to pay, the person to 

19 whom such payment is payable shall reim20 burse such individual for the amount of 

21 such premium paid in excess of the 

22 amount required to be paid under sub23 section (a)(1)(A). 

24 (ii) CREDIT OF REIMBURSEMENT.—A 

25 person to which clause (i) applies shall be 


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1 allowed a credit in the manner provided 

2 under section 6432 of the Internal Rev3 enue Code of 1986 for any payment made 

4 to the employee under such clause. 

5 (iii) PAYMENT OF CREDITS.—Any 

6 person to which clause (i) applies shall 

7 make the payment required under such 

8 clause to the individual not later than 60 

9 days after the date on which such indi10 vidual elects continuation coverage under 

11 subsection (a)(1). 

12 (2) PENALTY FOR FAILURE TO NOTIFY HEALTH

13 PLAN OF CESSATION OF ELIGIBILITY FOR PREMIUM

14 ASSISTANCE.— 

15 (A) IN GENERAL.—Part I of subchapter B 

16 of chapter 68 of the Internal Revenue Code of 

17 1986 is amended by adding at the end the fol18 lowing new section: 

19 ‘‘SEC. 6720C. PENALTY FOR FAILURE TO NOTIFY HEALTH 

20 PLAN OF CESSATION OF ELIGIBILITY FOR 

21 CONTINUATION COVERAGE PREMIUM ASSIST22 ANCE. 

23 ‘‘(a) IN GENERAL.—Except in the case of a failure 

24 described in subsection (b) or (c), any person required to 

25 notify a group health plan under section 9501(a)(2)(B) 


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1 of the American Rescue Plan Act of 2021 who fails to 

2 make such a notification at such time and in such manner 

3 as the Secretary of Labor may require shall pay a penalty 

4 of $250 for each such failure. 

5 ‘‘(b) INTENTIONAL FAILURE.—In the case of any 

6 such failure that is fraudulent, such person shall pay a 

7 penalty equal to the greater of— 

8 ‘‘(1) $250, or 

9 ‘‘(2) 110 percent of the premium assistance 

10 provided under section 9501(a)(1)(A) of the Amer11 ican Rescue Plan Act of 2021 after termination of 

12 eligibility under such section. 

13 ‘‘(c) REASONABLE CAUSE EXCEPTION.—No penalty 

14 shall be imposed under this section with respect to any 

15 failure if it is shown that such failure is due to reasonable 

16 cause and not to willful neglect.’’. 

17 (B) CLERICAL AMENDMENT.—The table of 

18 sections of part I of subchapter B of chapter 68 

19 of such Code is amended by adding at the end 

20 the following new item: 

‘‘Sec. 6720C. Penalty for failure to notify health plan of cessation of eligibility 

for continuation coverage premium assistance.’’. 

21 (3) COORDINATION WITH HCTC.— 

22 (A) IN GENERAL.—Section 35(g)(9) of the 

23 Internal Revenue Code of 1986 is amended to 

24 read as follows: 


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1 ‘‘(9) CONTINUATION COVERAGE PREMIUM AS2 SISTANCE.—In the case of an assistance eligible in3 dividual who receives premium assistance for con4 tinuation coverage under section 9501(a)(1) of the 

5 American Rescue Plan Act of 2021 for any month 

6 during the taxable year, such individual shall not be 

7 treated as an eligible individual, a certified indi8 vidual, or a qualifying family member for purposes 

9 of this section or section 7527 with respect to such 

10 month.’’. 

11 (B) EFFECTIVE DATE.—The amendment 

12 made by subparagraph (A) shall apply to tax13 able years ending after the date of the enact14 ment of this Act. 

15 (4) EXCLUSION OF CONTINUATION COVERAGE

16 PREMIUM ASSISTANCE FROM GROSS INCOME.— 

17 (A) IN GENERAL.—Part III of subchapter 

18 B of chapter 1 of the Internal Revenue Code of 

19 1986 is amended by inserting after section 

20 139H the following new section: 

21 ‘‘SEC. 139I. CONTINUATION COVERAGE PREMIUM ASSIST22 ANCE. 

23 ‘‘In the case of an assistance eligible individual (as 

24 defined in subsection (a)(3) of section 9501 of the Amer25 ican Rescue Plan Act of 2021), gross income does not inVerDate Sep 11 2014 23:55 Mar 02, 2021 Jkt 019200 PO 00000 Frm 00440 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.PCS H1319

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1 clude any premium assistance provided under subsection 

2 (a)(1) of such section.’’. 

3 (B) CLERICAL AMENDMENT.—The table of 

4 sections for part III of subchapter B of chapter 

5 1 of such Code is amended by inserting after 

6 the item relating to section 139H the following 

7 new item: 

‘‘Sec. 139I. Continuation coverage premium assistance.’’. 

8 (C) EFFECTIVE DATE.—The amendments 

9 made by this paragraph shall apply to taxable 

10 years ending after the date of the enactment of 

11 this Act. 

12 Subtitle G—Promoting Economic 

13 Security 

14 PART 1—2021 RECOVERY REBATES TO 

15 INDIVIDUALS 

16 SEC. 9601. 2021 RECOVERY REBATES TO INDIVIDUALS. 

17 (a) IN GENERAL.—Subchapter B of chapter 65 of the 

18 Internal Revenue Code of 1986 is amended by inserting 

19 after section 6428A the following new section: 

20 ‘‘SEC. 6428B. 2021 RECOVERY REBATES TO INDIVIDUALS. 

21 ‘‘(a) IN GENERAL.—In the case of an eligible indi22 vidual, there shall be allowed as a credit against the tax 

23 imposed by subtitle A for the first taxable year beginning 

24 in 2021 an amount equal to the 2021 rebate amount de25 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) 

25 in the same manner as if the valid identiVerDate Sep 11 2014 23:55 Mar 02, 2021 Jkt 019200 PO 00000 Frm 00447 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.PCS H1319

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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.— 

25 The Secretary shall, subject to the provisions of this 


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1 title and consistent with rules similar to the rules of 

2 subparagraphs (B) and (C) of section 6428A(f)(3), 

3 refund or credit any overpayment attributable to this 

4 subsection as rapidly as possible, consistent with a 

5 rapid effort to make payments attributable to such 

6 overpayments electronically if appropriate. No re7 fund or credit shall be made or allowed under this 

8 subsection after December 31, 2021. 

9 ‘‘(4) NO INTEREST.—No interest shall be al10 lowed on any overpayment attributable to this sub11 section. 

12 ‘‘(5) APPLICATION TO INDIVIDUALS WHO HAVE

13 FILED A RETURN OF TAX FOR 2020.— 

14 ‘‘(A) APPLICATION TO 2020 RETURNS

15 FILED AT TIME OF INITIAL DETERMINATION.— 

16 If, at the time of any determination made pur17 suant to paragraph (3), the individual referred 

18 to in paragraph (1) has filed a return of tax for 

19 the individual’s first taxable year beginning in 

20 2020, paragraph (1) shall be applied with re21 spect to such individual by substituting ‘2020’ 

22 for ‘2019’. 

23 ‘‘(B) ADDITIONAL PAYMENT.— 

24 ‘‘(i) IN GENERAL.—In the case of any 

25 individual who files, before the additional 


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1 payment determination date, a return of 

2 tax for such individual’s first taxable year 

3 beginning in 2020, the Secretary shall 

4 make a payment (in addition to any pay5 ment made under paragraph (1)) to such 

6 individual equal to the excess (if any) of— 

7 ‘‘(I) the amount which would be 

8 determined under paragraph (1) 

9 (after the application of subparagraph 

10 (A)) by applying paragraph (1) as of 

11 the additional payment determination 

12 date, over 

13 ‘‘(II) the amount of any payment 

14 made with respect to such individual 

15 under paragraph (1). 

16 ‘‘(ii) ADDITIONAL PAYMENT DETER17 MINATION DATE.—The term ‘additional 

18 payment determination date’ means the 

19 earlier of— 

20 ‘‘(I) the date which is 90 days 

21 after the 2020 calendar year filing 

22 deadline, or 

23 ‘‘(II) September 1, 2021. 

24 ‘‘(iii) 2020 CALENDAR YEAR FILING

25 DEADLINE.—The term ‘2020 calendar year 


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1 filing deadline’ means the date specified in 

2 section 6072(a) with respect to returns for 

3 calendar year 2020. Such date shall be de4 termined after taking into account any pe5 riod disregarded under section 7508A if 

6 such disregard applies to substantially all 

7 returns for calendar year 2020 to which 

8 section 6072(a) applies. 

9 ‘‘(6) APPLICATION TO CERTAIN INDIVIDUALS

10 WHO HAVE NOT FILED A RETURN OF TAX FOR 2019

11 OR 2020 AT TIME OF DETERMINATION.—In the case 

12 of any individual who, at the time of any determina13 tion made pursuant to paragraph (3), has filed a tax 

14 return for neither the year described in paragraph 

15 (1) nor for the year described in paragraph (5)(A), 

16 the Secretary shall, consistent with rules similar to 

17 the rules of section 6428A(f)(5)(H)(i), apply para18 graph (1) on the basis of information available to 

19 the Secretary and shall, on the basis of such infor20 mation, determine the advance refund amount with 

21 respect to such individual without regard to sub22 section (d) unless the Secretary has reason to know 

23 that such amount would otherwise be reduced by 

24 reason of such subsection. 


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1 ‘‘(7) SPECIAL RULE RELATED TO TIME OF FIL2 ING RETURN.—Solely for purposes of this sub3 section, a return of tax shall not be treated as filed 

4 until such return has been processed by the Internal 

5 Revenue Service. 

6 ‘‘(8) RESTRICTION ON USE OF CERTAIN PRE7 VIOUSLY ISSUED PREPAID DEBIT CARDS.—Payments 

8 made by the Secretary to individuals under this sec9 tion shall not be in the form of an increase in the 

10 balance of any previously issued prepaid debit card 

11 if, as of the time of the issuance of such card, such 

12 card was issued solely for purposes of making pay13 ments under section 6428 or 6428A. 

14 ‘‘(h) REGULATIONS.—The Secretary shall prescribe 

15 such regulations or other guidance as may be necessary 

16 or appropriate to carry out the purposes of this section, 

17 including— 

18 ‘‘(1) regulations or other guidance providing 

19 taxpayers the opportunity to provide the Secretary 

20 information sufficient to allow the Secretary to make 

21 payments to such taxpayers under subsection (g) 

22 (including the determination of the amount of such 

23 payment) if such information is not otherwise avail24 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.’’. 

20 (b) TREATMENT OF CERTAIN POSSESSIONS.— 

21 (1) PAYMENTS TO POSSESSIONS WITH MIRROR

22 CODE TAX SYSTEMS.—The Secretary of the Treas23 ury shall pay to each possession of the United States 

24 which has a mirror code tax system amounts equal 

25 to the loss (if any) to that possession by reason of 


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1 the amendments made by this section. Such 

2 amounts shall be determined by the Secretary of the 

3 Treasury based on information provided by the gov4 ernment of the respective possession. 

5 (2) PAYMENTS TO OTHER POSSESSIONS.—The 

6 Secretary of the Treasury shall pay to each posses7 sion of the United States which does not have a mir8 ror code tax system amounts estimated by the Sec9 retary of the Treasury as being equal to the aggre10 gate benefits (if any) that would have been provided 

11 to residents of such possession by reason of the 

12 amendments made by this section if a mirror code 

13 tax system had been in effect in such possession. 

14 The preceding sentence shall not apply unless the re15 spective possession has a plan, which has been ap16 proved by the Secretary of the Treasury, under 

17 which such possession will promptly distribute such 

18 payments to its residents. 

19 (3) INCLUSION OF ADMINISTRATIVE EX20 PENSES.—The Secretary of the Treasury shall pay 

21 to each possession of the United States to which the 

22 Secretary makes a payment under paragraph (1) or 

23 (2) an amount equal to the lesser of— 

24 (A) the increase (if any) of the administra25 tive expenses of such possession— 


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1 (i) in the case of a possession de2 scribed in paragraph (1), by reason of the 

3 amendments made by this section, and 

4 (ii) in the case of a possession de5 scribed in paragraph (2), by reason of car6 rying out the plan described in such para7 graph, or 

8 (B) $500,000 ($10,000,000 in the case of 

9 Puerto Rico). 

10 The amount described in subparagraph (A) shall be 

11 determined by the Secretary of the Treasury based 

12 on information provided by the government of the 

13 respective possession. 

14 (4) COORDINATION WITH CREDIT ALLOWED

15 AGAINST UNITED STATES INCOME TAXES.—No cred16 it shall be allowed against United States income 

17 taxes under section 6428B of the Internal Revenue 

18 Code of 1986 (as added by this section), nor shall 

19 any credit or refund be made or allowed under sub20 section (g) of such section, to any person— 

21 (A) to whom a credit is allowed against 

22 taxes imposed by the possession by reason of 

23 the amendments made by this section, or 

24 (B) who is eligible for a payment under a 

25 plan described in paragraph (2). 


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1 (5) MIRROR CODE TAX SYSTEM.—For purposes 

2 of this subsection, the term ‘‘mirror code tax sys3 tem’’ means, with respect to any possession of the 

4 United States, the income tax system of such posses5 sion if the income tax liability of the residents of 

6 such possession under such system is determined by 

7 reference to the income tax laws of the United 

8 States as if such possession were the United States. 

9 (6) TREATMENT OF PAYMENTS.—For purposes 

10 of section 1324 of title 31, United States Code, the 

11 payments under this subsection shall be treated in 

12 the same manner as a refund due from a credit pro13 vision referred to in subsection (b)(2) of such sec14 tion. 

15 (c) ADMINISTRATIVE PROVISIONS.— 

16 (1) DEFINITION OF DEFICIENCY.—Section 

17 6211(b)(4)(A) of the Internal Revenue Code of 1986 

18 is amended by striking ‘‘6428, and 6428A’’ and in19 serting ‘‘6428, 6428A, and 6428B’’. 

20 (2) EXCEPTION FROM REDUCTION OR OFF21 SET.—Any refund payable by reason of section 

22 6428B(g) of the Internal Revenue Code of 1986 (as 

23 added by this section), or any such refund payable 

24 by reason of subsection (b) of this section, shall not 

25 be— 


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1 (A) subject to reduction or offset pursuant 

2 to subsection (c), (d), (e), or (f) of section 6402 

3 of the Internal Revenue Code of 1986, or 

4 (B) reduced or offset by other assessed 

5 Federal taxes that would otherwise be subject 

6 to levy or collection. 

7 (3) CONFORMING AMENDMENTS.— 

8 (A) Paragraph (2) of section 1324(b) of 

9 title 31, United States Code, is amended by in10 serting ‘‘6428B,’’ after ‘‘6428A,’’. 

11 (B) The table of sections for subchapter B 

12 of chapter 65 of the Internal Revenue Code of 

13 1986 is amended by inserting after the item re14 lating to section 6428A the following new item: 

‘‘Sec. 6428B. 2021 recovery rebates to individuals.’’. 

15 (d) APPROPRIATIONS.—Immediately upon the enact16 ment of this Act, in addition to amounts otherwise avail17 able, there are appropriated for fiscal year 2021, out of 

18 any money in the Treasury not otherwise appropriated: 

19 (1) $1,464,500,000 to remain available until 

20 September 30, 2023 for necessary expenses for the 

21 Internal Revenue Service for the administration of 

22 the advance payments, the provision of taxpayer as23 sistance, and the furtherance of integrated, modern24 ized, and secure Internal Revenue Service systems, 

25 of which up to $20,000,000 is available for premium 


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1 pay for services related to the development of infor2 mation technology as determined by the Commis3 sioner of the Internal Revenue occurring between 

4 January 1, 2020 and December 31, 2022, notwith5 standing any limitations on pay otherwise imposed, 

6 and all of which shall supplement and not supplant 

7 any other appropriations that may be available for 

8 this purpose. 

9 (2) $7,000,000 to remain available until Sep10 tember 30, 2022, for necessary expenses for the Bu11 reau of the Fiscal Service to carry out this section 

12 (and the amendments made by this section), which 

13 shall supplement and not supplant any other appro14 priations that may be available for this purpose, and 

15 (3) $8,000,000 to remain available until Sep16 tember 30, 2023, for the Treasury Inspector General 

17 for Tax Administration for the purposes of over18 seeing activities related to the administration of this 

19 section (and the amendments made by this section), 

20 which shall supplement and not supplant any other 

21 appropriations that may be available for this pur22 pose. 


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1 PART 2—CHILD TAX CREDIT 

2 SEC. 9611. CHILD TAX CREDIT IMPROVEMENTS FOR 2021. 

3 (a) IN GENERAL.—Section 24 of the Internal Rev4 enue Code of 1986 is amended by adding at the end the 

5 following new subsection: 

6 ‘‘(i) SPECIAL RULES FOR 2021.—In the case of any 

7 taxable year beginning after December 31, 2020, and be8 fore January 1, 2022— 

9 ‘‘(1) REFUNDABLE CREDIT.—If the taxpayer 

10 (in the case of a joint return, either spouse) has a 

11 principal place of abode in the United States (deter12 mined as provided in section 32) for more than one13 half of the taxable year or is a bona fide resident of 

14 Puerto Rico (within the meaning of section 937(a)) 

15 for such taxable year— 

16 ‘‘(A) subsection (d) shall not apply, and 

17 ‘‘(B) so much of the credit determined 

18 under subsection (a) (after application of sub19 paragraph (A)) as does not exceed the amount 

20 of such credit which would be so determined 

21 without regard to subsection (h)(4) shall be al22 lowed under subpart C (and not allowed under 

23 this subpart). 

24 ‘‘(2) 17-YEAR-OLDS ELIGIBLE FOR TREATMENT

25 AS QUALIFYING CHILDREN.—This section shall be 

26 applied— 


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1 ‘‘(A) by substituting ‘age 18’ for ‘age 17’ 

2 in subsection (c)(1), and 

3 ‘‘(B) by substituting ‘described in sub4 section (c) (determined after the application of 

5 subsection (i)(2)(A))’ for ‘described in sub6 section (c)’ in subsection (h)(4)(A). 

7 ‘‘(3) CREDIT AMOUNT.—Subsection (h)(2) shall 

8 not apply and subsection (a) shall be applied by sub9 stituting ‘$3,000 ($3,600 in the case of a qualifying 

10 child who has not attained age 6 as of the close of 

11 the calendar year in which the taxable year of the 

12 taxpayer begins)’ for ‘$1,000’. 

13 ‘‘(4) REDUCTION OF INCREASED CREDIT

14 AMOUNT BASED ON MODIFIED ADJUSTED GROSS IN15 COME.— 

16 ‘‘(A) IN GENERAL.—The amount of the 

17 credit allowable under subsection (a) (deter18 mined without regard to subsection (b)) shall be 

19 reduced by $50 for each $1,000 (or fraction 

20 thereof) by which the taxpayer’s modified ad21 justed gross income (as defined in subsection 

22 (b)) exceeds the applicable threshold amount. 

23 ‘‘(B) APPLICABLE THRESHOLD AMOUNT.— 

24 For purposes of this paragraph, the term ‘ap25 plicable threshold amount’ means— 


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1 ‘‘(i) $150,000, in the case of a joint 

2 return or surviving spouse (as defined in 

3 section 2(a)), 

4 ‘‘(ii) $112,500, in the case of a head 

5 of household (as defined in section 2(b)), 

6 and 

7 ‘‘(iii) $75,000, in any other case. 

8 ‘‘(C) LIMITATION ON REDUCTION.— 

9 ‘‘(i) IN GENERAL.—The amount of 

10 the reduction under subparagraph (A) 

11 shall not exceed the lesser of— 

12 ‘‘(I) the applicable credit increase 

13 amount, or 

14 ‘‘(II) 5 percent of the applicable 

15 phaseout threshold range. 

16 ‘‘(ii) APPLICABLE CREDIT INCREASE

17 AMOUNT.—For purposes of this subpara18 graph, the term ‘applicable credit increase 

19 amount’ means the excess (if any) of— 

20 ‘‘(I) the amount of the credit al21 lowable under this section for the tax22 able year determined without regard 

23 to this paragraph and subsection (b), 

24 over 


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1 ‘‘(II) the amount of such credit 

2 as so determined and without regard 

3 to paragraph (3). 

4 ‘‘(iii) APPLICABLE PHASEOUT

5 THRESHOLD RANGE.—For purposes of this 

6 subparagraph, the term ‘applicable phase7 out threshold range’ means the excess of— 

8 ‘‘(I) the threshold amount appli9 cable to the taxpayer under subsection 

10 (b) (determined after the application 

11 of subsection (h)(3)), over 

12 ‘‘(II) the applicable threshold 

13 amount applicable to the taxpayer 

14 under this paragraph. 

15 ‘‘(D) COORDINATION WITH LIMITATION ON

16 OVERALL CREDIT.—Subsection (b) shall be ap17 plied by substituting ‘the credit allowable under 

18 subsection (a) (determined after the application 

19 of subsection (i)(4)(A)’ for ‘the credit allowable 

20 under subsection (a)’.’’. 

21 (b) ADVANCE PAYMENT OF CREDIT.— 

22 (1) IN GENERAL.—Chapter 77 of such Code is 

23 amended by inserting after section 7527 the fol24 lowing new section: 


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1 ‘‘SEC. 7527A. ADVANCE PAYMENT OF CHILD TAX CREDIT. 

2 ‘‘(a) IN GENERAL.—The Secretary shall establish a 

3 program for making periodic payments to taxpayers 

4 which, in the aggregate during any calendar year, equal 

5 the annual advance amount determined with respect to 

6 such taxpayer for such calendar year. Except as provided 

7 in subsection (b)(3)(B), the periodic payments made to 

8 any taxpayer for any calendar year shall be in equal 

9 amounts. 

10 ‘‘(b) ANNUAL ADVANCE AMOUNT.—For purposes of 

11 this section— 

12 ‘‘(1) IN GENERAL.—Except as otherwise pro13 vided in this subsection, the term ‘annual advance 

14 amount’ means, with respect to any taxpayer for any 

15 calendar year, the amount (if any) which is esti16 mated by the Secretary as being equal to 50 percent 

17 of the amount which would be treated as allowed 

18 under subpart C of part IV of subchapter A of chap19 ter 1 by reason of section 24(i)(1) for the taxpayer’s 

20 taxable year beginning in such calendar year if— 

21 ‘‘(A) the status of the taxpayer as a tax22 payer described in section 24(i)(1) is deter23 mined with respect to the reference taxable 

24 year, 

25 ‘‘(B) the taxpayer’s modified adjusted 

26 gross income for such taxable year is equal to 


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1 the taxpayer’s modified adjusted gross income 

2 for the reference taxable year, 

3 ‘‘(C) the only children of such taxpayer for 

4 such taxable year are qualifying children prop5 erly claimed on the taxpayer’s return of tax for 

6 the reference taxable year, and 

7 ‘‘(D) the ages of such children (and the 

8 status of such children as qualifying children) 

9 are determined for such taxable year by taking 

10 into account the passage of time since the ref11 erence taxable year. 

12 ‘‘(2) REFERENCE TAXABLE YEAR.—Except as 

13 provided in paragraph (3)(A), the term ‘reference 

14 taxable year’ means, with respect to any taxpayer 

15 for any calendar year, the taxpayer’s taxable year 

16 beginning in the preceding calendar year or, in the 

17 case of taxpayer who did not file a return of tax for 

18 such taxable year, the taxpayer’s taxable year begin19 ning in the second preceding calendar year. 

20 ‘‘(3) MODIFICATIONS DURING CALENDAR

21 YEAR.— 

22 ‘‘(A) IN GENERAL.—The Secretary may 

23 modify, during any calendar year, the annual 

24 advance amount with respect to any taxpayer 

25 for such calendar year to take into account— 


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1 ‘‘(i) a return of tax filed by such tax2 payer during such calendar year (and the 

3 taxable year to which such return relates 

4 may be taken into account as the reference 

5 taxable year), and 

6 ‘‘(ii) any other information provided 

7 by the taxpayer to the Secretary which al8 lows the Secretary to determine payments 

9 under subsection (a) which, in the aggre10 gate during any taxable year of the tax11 payer, more closely total the Secretary’s 

12 estimate of the amount treated as allowed 

13 under subpart C of part IV of subchapter 

14 A of chapter 1 by reason of section 

15 24(i)(1) for such taxable year of such tax16 payer. 

17 ‘‘(B) ADJUSTMENT TO REFLECT EXCESS

18 OR DEFICIT IN PRIOR PAYMENTS.—In the case 

19 of any modification of the annual advance 

20 amount under subparagraph (A), the Secretary 

21 may adjust the amount of any periodic payment 

22 made after the date of such modification to 

23 properly take into account the amount by which 

24 any periodic payment made before such date 

25 was greater than or less than the amount that 


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1 such payment would have been on the basis of 

2 the annual advance amount as so modified. 

3 ‘‘(4) DETERMINATION OF STATUS.—If informa4 tion contained in the taxpayer’s return of tax for the 

5 reference taxable year does not establish the status 

6 of the taxpayer as being described in section 

7 24(i)(1), the Secretary shall, for purposes of para8 graph (1)(A), determine such status based on infor9 mation known to the Secretary. 

10 ‘‘(5) TREATMENT OF CERTAIN DEATHS.—A 

11 child shall not be taken into account in determining 

12 the annual advance amount under paragraph (1) if 

13 the death of such child is known to the Secretary as 

14 of the beginning of the calendar year for which the 

15 estimate under such paragraph is made. 

16 ‘‘(c) ON-LINE INFORMATION PORTAL.—The Sec17 retary shall establish an on-line portal which allows tax18 payers to— 

19 ‘‘(1) elect not to receive payments under this 

20 section, and 

21 ‘‘(2) provide information to the Secretary which 

22 would be relevant to a modification under subsection 

23 (b)(3)(B) of the annual advance amount, including 

24 information regarding— 


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1 ‘‘(A) a change in the number of the tax2 payer’s qualifying children, including by reason 

3 of the birth of a child, 

4 ‘‘(B) a change in the taxpayer’s marital 

5 status, 

6 ‘‘(C) a significant change in the taxpayer’s 

7 income, and 

8 ‘‘(D) any other factor which the Secretary 

9 may provide. 

10 ‘‘(d) NOTICE OF PAYMENTS.—Not later than Janu11 ary 31 of the calendar year following any calendar year 

12 during which the Secretary makes one or more payments 

13 to any taxpayer under this section, the Secretary shall pro14 vide such taxpayer with a written notice which includes 

15 the taxpayer’s taxpayer identity (as defined in section 

16 6103(b)(6)), the aggregate amount of such payments 

17 made to such taxpayer during such calendar year, and 

18 such other information as the Secretary determines appro19 priate. 

20 ‘‘(e) ADMINISTRATIVE PROVISIONS.— 

21 ‘‘(1) APPLICATION OF ELECTRONIC FUNDS PAY22 MENT REQUIREMENT.—The payments made by the 

23 Secretary under subsection (a) shall be made by 

24 electronic funds transfer to the same extent and in 


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1 the same manner as if such payments were Federal 

2 payments not made under this title. 

3 ‘‘(2) APPLICATION OF CERTAIN RULES.—Rules 

4 similar to the rules of subparagraphs (B) and (C) of 

5 section 6428A(f)(3) shall apply for purposes of this 

6 section. 

7 ‘‘(3) EXCEPTION FROM REDUCTION OR OFF8 SET.—Any payment made to any individual under 

9 this section shall not be— 

10 ‘‘(A) subject to reduction or offset pursu11 ant to subsection (c), (d), (e), or (f) of section 

12 6402, or 

13 ‘‘(B) reduced or offset by other assessed 

14 Federal taxes that would otherwise be subject 

15 to levy or collection. 

16 ‘‘(4) APPLICATION OF ADVANCE PAYMENTS IN

17 THE POSSESSIONS OF THE UNITED STATES.— 

18 ‘‘(A) IN GENERAL.—The advance payment 

19 amount determined under this section shall be 

20 determined— 

21 ‘‘(i) by applying section 24(i)(1) with22 out regard to the phrase ‘or is a bona fide 

23 resident of Puerto Rico (within the mean24 ing of section 937(a))’, and 


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1 ‘‘(ii) without regard to section 

2 24(k)(3)(C)(ii)(I). 

3 ‘‘(B) MIRROR CODE POSSESSIONS.—In the 

4 case of any possession of the United States with 

5 a mirror code tax system (as defined in section 

6 24(k)), this section shall not be treated as part 

7 of the income tax laws of the United States for 

8 purposes of determining the income tax law of 

9 such possession unless such possession elects to 

10 have this section be so treated. 

11 ‘‘(C) ADMINISTRATIVE EXPENSES OF AD12 VANCE PAYMENTS.— 

13 ‘‘(i) MIRROR CODE POSSESSIONS.—In 

14 the case of any possession described in 

15 subparagraph (B) which makes the elec16 tion described in such subparagraph, the 

17 amount otherwise paid by the Secretary to 

18 such possession under section 24(k)(1)(A) 

19 with respect to taxable years beginning in 

20 2021 shall be increased by $300,000 if 

21 such possession has a plan, which has been 

22 approved by the Secretary, for making ad23 vance payments consistent with such elec24 tion. 


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1 ‘‘(ii) AMERICAN SAMOA.—The amount 

2 otherwise paid by the Secretary to Amer3 ican Samoa under subparagraph (A) of 

4 section 24(k)(3) with respect to taxable 

5 years beginning in 2021 shall be increased 

6 by $300,000 if the plan described in sub7 paragraph (B) of such section includes a 

8 program, which has been approved by the 

9 Secretary, for making advance payments 

10 under rules similar to the rules of this sec11 tion. 

12 ‘‘(iii) TIMING OF PAYMENT.—The 

13 Secretary may pay, upon the request of the 

14 possession of the United States to which 

15 the payment is to be made, the amount of 

16 the increase determined under clause (i) or 

17 (ii) immediately upon approval of the plan 

18 referred to in such clause, respectively. 

19 ‘‘(f) APPLICATION.—No payments shall be made 

20 under the program established under subsection (a) with 

21 respect to— 

22 ‘‘(1) any period before July 1, 2021, or 

23 ‘‘(2) any period after December 31, 2021. 

24 ‘‘(g) REGULATIONS.—The Secretary shall issue such 

25 regulations or other guidance as the Secretary determines 


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1 necessary or appropriate to carry out the purposes of this 

2 section and subsections (i)(1) and (j) of section 24, includ3 ing regulations or other guidance which provides for the 

4 application of such provisions where the filing status of 

5 the taxpayer for a taxable year is different from the status 

6 used for determining the annual advance amount.’’. 

7 (2) RECONCILIATION OF CREDIT AND ADVANCE

8 CREDIT.—Section 24 of such Code, as amended by 

9 the preceding provision of this Act, is amended by 

10 adding at the end the following new subsection: 

11 ‘‘(j) RECONCILIATION OF CREDIT AND ADVANCE

12 CREDIT.— 

13 ‘‘(1) IN GENERAL.—The amount of the credit 

14 allowed under this section to any taxpayer for any 

15 taxable year shall be reduced (but not below zero) by 

16 the aggregate amount of payments made under sec17 tion 7527A to such taxpayer during such taxable 

18 year. Any failure to so reduce the credit shall be 

19 treated as arising out of a mathematical or clerical 

20 error and assessed according to section 6213(b)(1). 

21 ‘‘(2) EXCESS ADVANCE PAYMENTS.— 

22 ‘‘(A) IN GENERAL.—If the aggregate 

23 amount of payments under section 7527A to 

24 the taxpayer during the taxable year exceeds 

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1 tion to such taxpayer for such taxable year (de2 termined without regard to paragraph (1)), the 

3 tax imposed by this chapter for such taxable 

4 year shall be increased by the amount of such 

5 excess. Any failure to so increase the tax shall 

6 be treated as arising out of a mathematical or 

7 clerical error and assessed according to section 

8 6213(b)(1). 

9 ‘‘(B) SAFE HARBOR BASED ON MODIFIED

10 ADJUSTED GROSS INCOME.— 

11 ‘‘(i) IN GENERAL.—In the case of a 

12 taxpayer whose modified adjusted gross in13 come (as defined in subsection (b)) for the 

14 taxable year does not exceed 200 percent 

15 of the applicable income threshold, the 

16 amount of the increase determined under 

17 subparagraph (A) with respect to such tax18 payer for such taxable year shall be re19 duced (but not below zero) by the safe har20 bor amount. 

21 ‘‘(ii) PHASE OUT OF SAFE HARBOR

22 AMOUNT.—In the case of a taxpayer whose 

23 modified adjusted gross income (as defined 

24 in subsection (b)) for the taxable year ex25 ceeds the applicable income threshold, the 


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1 safe harbor amount otherwise in effect 

2 under clause (i) shall be reduced by the 

3 amount which bears the same ratio to such 

4 amount as such excess bears to the appli5 cable income threshold. 

6 ‘‘(iii) APPLICABLE INCOME THRESH7 OLD.—For purposes of this subparagraph, 

8 the term ‘applicable income threshold’ 

9 means— 

10 ‘‘(I) $60,000 in the case of a 

11 joint return or surviving spouse (as 

12 defined in section 2(a)), 

13 ‘‘(II) $50,000 in the case of a 

14 head of household, and 

15 ‘‘(III) $40,000 in any other case. 

16 ‘‘(iv) SAFE HARBOR AMOUNT.—For 

17 purposes of this subparagraph, the term 

18 ‘safe harbor amount’ means, with respect 

19 to any taxable year, the product of— 

20 ‘‘(I) $2,000, multiplied by 

21 ‘‘(II) the excess (if any) of the 

22 number of qualified children taken 

23 into account in determining the an24 nual advance amount with respect to 

25 the taxpayer under section 7527A 


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1 with respect to months beginning in 

2 such taxable year, over the number of 

3 qualified children taken into account 

4 in determining the credit allowed 

5 under this section for such taxable 

6 year.’’. 

7 (3) COORDINATION WITH WAGE WITH8 HOLDING.—Section 3402(f)(1)(C) of such Code is 

9 amended by striking ‘‘section 24(a)’’ and inserting 

10 ‘‘section 24 (determined after application of sub11 section (j) thereof)’’. 

12 (4) CONFORMING AMENDMENTS.— 

13 (A) Section 26(b)(2) of such Code is 

14 amended by striking ‘‘and’’ at the end of sub15 paragraph (X), by striking the period at the 

16 end of subparagraph (Y) and inserting ‘‘, and’’, 

17 and by adding at the end the following new sub18 paragraph: 

19 ‘‘(Z) section 24(j)(2) (relating to excess 

20 advance payments).’’. 

21 (B) Section 6211(b)(4)(A) of such Code, 

22 as amended by the preceding provisions of this 

23 subtitle, is amended— 


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1 (i) by striking ‘‘24(d)’’ and inserting 

2 ‘‘24 by reason of subsections (d) and (i)(1) 

3 thereof’’, and 

4 (ii) by striking ‘‘and 6428B’’ and in5 serting ‘‘6428B, and 7527A’’. 

6 (C) Paragraph (2) of section 1324(b) of 

7 title 31, United States Code, is amended— 

8 (i) by inserting ‘‘24,’’ before ‘‘25A’’, 

9 and 

10 (ii) by striking ‘‘ or 6431’’ and insert11 ing ‘‘6431, or 7527A’’. 

12 (D) The table of sections for chapter 77 of 

13 the Internal Revenue Code of 1986 is amended 

14 by inserting after the item relating to section 

15 7527 the following new item: 

‘‘Sec. 7527A. Advance payment of child tax credit.’’. 

16 (5) APPROPRIATIONS TO CARRY OUT ADVANCE

17 PAYMENTS.—Immediately upon the enactment of 

18 this Act, in addition to amounts otherwise available, 

19 there are appropriated for fiscal year 2021, out of 

20 any money in the Treasury not otherwise appro21 priated: 

22 (A) $397,200,000 to remain available until 

23 September 30, 2022, for necessary expenses for 

24 the Internal Revenue Service to carry out this 

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1 tion), which shall supplement and not supplant 

2 any other appropriations that may be available 

3 for this purpose, and 

4 (B) $16,200,000 to remain available until 

5 September 30, 2022, for necessary expenses for 

6 the Bureau of the Fiscal Service to carry out 

7 this section (and the amendments made by this 

8 section), which shall supplement and not sup9 plant any other appropriations that may be 

10 available for this purpose. 

11 (c) EFFECTIVE DATE.— 

12 (1) IN GENERAL.—The amendments made by 

13 this section shall apply to taxable years beginning 

14 after December 31, 2020. 

15 (2) ESTABLISHMENT OF ADVANCE PAYMENT

16 PROGRAM.—The Secretary of the Treasury (or the 

17 Secretary’s designee) shall establish the program de18 scribed in section 7527A of the Internal Revenue 

19 Code of 1986 as soon as practicable after the date 

20 of the enactment of this Act, except that the Sec21 retary shall ensure that the timing of the establish22 ment of such program does not interfere with car23 rying out section 6428B(g) as rapidly as possible. 


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1 SEC. 9612. APPLICATION OF CHILD TAX CREDIT IN POSSES2 SIONS. 

3 (a) IN GENERAL.—Section 24 of the Internal Rev4 enue Code of 1986, as amended by the preceding provi5 sions of this Act, is amended by adding at the end the 

6 following new subsection: 

7 ‘‘(k) APPLICATION OF CREDIT IN POSSESSIONS.— 

8 ‘‘(1) MIRROR CODE POSSESSIONS.— 

9 ‘‘(A) IN GENERAL.—The Secretary shall 

10 pay to each possession of the United States 

11 with a mirror code tax system amounts equal to 

12 the loss (if any) to that possession by reason of 

13 the application of this section (determined with14 out regard to this subsection) with respect to 

15 taxable years beginning after 2020. Such 

16 amounts shall be determined by the Secretary 

17 based on information provided by the govern18 ment of the respective possession. 

19 ‘‘(B) COORDINATION WITH CREDIT AL20 LOWED AGAINST UNITED STATES INCOME

21 TAXES.—No credit shall be allowed under this 

22 section for any taxable year to any individual to 

23 whom a credit is allowable against taxes im24 posed by a possession of the United States with 

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1 cation of this section in such possession for 

2 such taxable year. 

3 ‘‘(C) MIRROR CODE TAX SYSTEM.—For 

4 purposes of this paragraph, the term ‘mirror 

5 code tax system’ means, with respect to any 

6 possession of the United States, the income tax 

7 system of such possession if the income tax li8 ability of the residents of such possession under 

9 such system is determined by reference to the 

10 income tax laws of the United States as if such 

11 possession were the United States. 

12 ‘‘(2) PUERTO RICO.— 

13 ‘‘(A) APPLICATION TO TAXABLE YEARS IN

14 2021.— 

15 ‘‘(i) For application of refundable 

16 credit to residents of Puerto Rico, see sub17 section (i)(1). 

18 ‘‘(ii) For nonapplication of advance 

19 payment to residents of Puerto Rico, see 

20 section 7527A(e)(5)(A). 

21 ‘‘(B) APPLICATION TO TAXABLE YEARS

22 AFTER 2021.—In the case of any bona fide resi23 dent of Puerto Rico (within the meaning of sec24 tion 937(a)) for any taxable year beginning 

25 after December 31, 2021— 


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1 ‘‘(i) the credit determined under this 

2 section shall be allowable to such resident, 

3 and 

4 ‘‘(ii) subsection (d)(1)(B)(ii) shall be 

5 applied without regard to the phrase ‘in 

6 the case of a taxpayer with 3 or more 

7 qualifying children’. 

8 ‘‘(3) AMERICAN SAMOA.— 

9 ‘‘(A) IN GENERAL.—The Secretary shall 

10 pay to American Samoa amounts estimated by 

11 the Secretary as being equal to the aggregate 

12 benefits that would have been provided to resi13 dents of American Samoa by reason of the ap14 plication of this section for taxable years begin15 ning after 2020 if the provisions of this section 

16 had been in effect in American Samoa (applied 

17 as if American Samoa were the United States 

18 and without regard to the application of this 

19 section to bona fide residents of Puerto Rico 

20 under subsection (i)(1)). 

21 ‘‘(B) DISTRIBUTION REQUIREMENT.—Sub22 paragraph (A) shall not apply unless American 

23 Samoa has a plan, which has been approved by 

24 the Secretary, under which American Samoa 


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1 will promptly distribute such payments to its 

2 residents. 

3 ‘‘(C) COORDINATION WITH CREDIT AL4 LOWED AGAINST UNITED STATES INCOME

5 TAXES.— 

6 ‘‘(i) IN GENERAL.—In the case of a 

7 taxable year with respect to which a plan 

8 is approved under subparagraph (B), this 

9 section (other than this subsection) shall 

10 not apply to any individual eligible for a 

11 distribution under such plan. 

12 ‘‘(ii) APPLICATION OF SECTION IN

13 EVENT OF ABSENCE OF APPROVED

14 PLAN.—In the case of a taxable year with 

15 respect to which a plan is not approved 

16 under subparagraph (B)— 

17 ‘‘(I) if such taxable year begins 

18 in 2021, subsection (i)(1) shall be ap19 plied by substituting ‘bona fide resi20 dent of Puerto Rico or American 

21 Samoa’ for ‘bona fide resident of 

22 Puerto Rico’, and 

23 ‘‘(II) if such taxable year begins 

24 after December 31, 2021, rules simi25 lar to the rules of paragraph (2)(B) 


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1 shall apply with respect to bona fide 

2 residents of American Samoa (within 

3 the meaning of section 937(a)). 

4 ‘‘(4) TREATMENT OF PAYMENTS.—For pur5 poses of section 1324 of title 31, United States 

6 Code, the payments under this subsection shall be 

7 treated in the same manner as a refund due from 

8 a credit provision referred to in subsection (b)(2) of 

9 such section.’’. 

10 (b) EFFECTIVE DATE.—The amendments made by 

11 this section shall apply to taxable years beginning after 

12 December 31, 2020. 

13 PART 3—EARNED INCOME TAX CREDIT 

14 SEC. 9621. STRENGTHENING THE EARNED INCOME TAX 

15 CREDIT FOR INDIVIDUALS WITH NO QUALI16 FYING CHILDREN. 

17 (a) SPECIAL RULES FOR 2021.—Section 32 of the 

18 Internal Revenue Code of 1986 is amended by adding at 

19 the end the following new subsection: 

20 ‘‘(n) SPECIAL RULES FOR INDIVIDUALS WITHOUT

21 QUALIFYING CHILDREN.—In the case of any taxable year 

22 beginning after December 31, 2020, and before January 

23 1, 2022— 

24 ‘‘(1) DECREASE IN MINIMUM AGE FOR CRED25 IT.— 


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1 ‘‘(A) IN GENERAL.—Subsection 

2 (c)(1)(A)(ii)(II) shall be applied by substituting 

3 ‘the applicable minimum age’ for ‘age 25’. 

4 ‘‘(B) APPLICABLE MINIMUM AGE.—For 

5 purposes of this paragraph, the term ‘applicable 

6 minimum age’ means— 

7 ‘‘(i) except as otherwise provided in 

8 this subparagraph, age 19, 

9 ‘‘(ii) in the case of a specified student 

10 (other than a qualified former foster youth 

11 or a qualified homeless youth), age 24, and 

12 ‘‘(iii) in the case of a qualified former 

13 foster youth or a qualified homeless youth, 

14 age 18. 

15 ‘‘(C) SPECIFIED STUDENT.—For purposes 

16 of this paragraph, the term ‘specified student’ 

17 means, with respect to any taxable year, an in18 dividual who is an eligible student (as defined 

19 in section 25A(b)(3)) during at least 5 calendar 

20 months during the taxable year. 

21 ‘‘(D) QUALIFIED FORMER FOSTER

22 YOUTH.—For purposes of this paragraph, the 

23 term ‘qualified former foster youth’ means an 

24 individual who— 


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1 ‘‘(i) on or after the date that such in2 dividual attained age 14, was in foster care 

3 provided under the supervision or adminis4 tration of an entity administering (or eligi5 ble to administer) a plan under part B or 

6 part E of title IV of the Social Security 

7 Act (without regard to whether Federal as8 sistance was provided with respect to such 

9 child under such part E), and 

10 ‘‘(ii) provides (in such manner as the 

11 Secretary may provide) consent for entities 

12 which administer a plan under part B or 

13 part E of title IV of the Social Security 

14 Act to disclose to the Secretary informa15 tion related to the status of such individual 

16 as a qualified former foster youth. 

17 ‘‘(E) QUALIFIED HOMELESS YOUTH.—For 

18 purposes of this paragraph, the term ‘qualified 

19 homeless youth’ means, with respect to any tax20 able year, an individual who certifies, in a man21 ner as provided by the Secretary, that such in22 dividual is either an unaccompanied youth who 

23 is a homeless child or youth, or is unaccom24 panied, at risk of homelessness, and self-sup25 porting. 


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1 ‘‘(2) ELIMINATION OF MAXIMUM AGE FOR

2 CREDIT.—Subsection (c)(1)(A)(ii)(II) shall be ap3 plied without regard to the phrase ‘but not attained 

4 age 65’. 

5 ‘‘(3) INCREASE IN CREDIT AND PHASEOUT PER6 CENTAGES.—The table contained in subsection 

7 (b)(1) shall be applied by substituting ‘15.3’ for 

8 ‘7.65’ each place it appears therein. 

9 ‘‘(4) INCREASE IN EARNED INCOME AND

10 PHASEOUT AMOUNTS.— 

11 ‘‘(A) IN GENERAL.—The table contained in 

12 subsection (b)(2)(A) shall be applied— 

13 ‘‘(i) by substituting ‘$9,820’ for 

14 ‘$4,220’, and 

15 ‘‘(ii) by substituting ‘$11,610’ for 

16 ‘$5,280’. 

17 ‘‘(B) COORDINATION WITH INFLATION AD18 JUSTMENT.—Subsection (j) shall not apply to 

19 any dollar amount specified in this paragraph.’’. 

20 (b) INFORMATION RETURN MATCHING.—As soon as 

21 practicable, the Secretary of the Treasury (or the Sec22 retary’s delegate) shall develop and implement procedures 

23 to use information returns under section 6050S (relating 

24 to returns relating to higher education tuition and related 

25 expenses) to check the status of individuals as specified 


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1 students for purposes of section 32(n)(1)(B)(ii) of the In2 ternal Revenue Code of 1986 (as added by this section). 

3 (c) EFFECTIVE DATE.—The amendment made by 

4 this section shall apply to taxable years beginning after 

5 December 31, 2020. 

6 SEC. 9622. TAXPAYER ELIGIBLE FOR CHILDLESS EARNED 

7 INCOME CREDIT IN CASE OF QUALIFYING 

8 CHILDREN WHO FAIL TO MEET CERTAIN 

9 IDENTIFICATION REQUIREMENTS. 

10 (a) IN GENERAL.—Section 32(c)(1) of the Internal 

11 Revenue Code of 1986 is amended by striking subpara12 graph (F). 

13 (b) EFFECTIVE DATE.—The amendment made by 

14 this section shall apply to taxable years beginning after 

15 December 31, 2020. 

16 SEC. 9623. CREDIT ALLOWED IN CASE OF CERTAIN SEPA17 RATED SPOUSES. 

18 (a) IN GENERAL.—Section 32(d) of the Internal Rev19 enue Code of 1986 is amended— 

20 (1) by striking ‘‘MARRIED INDIVIDUALS.—In 

21 the case of’’ and inserting the following: ‘‘MARRIED

22 INDIVIDUALS.— 

23 ‘‘(1) IN GENERAL.—In the case of’’, and 

24 (2) by adding at the end the following new 

25 paragraph: 


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1 ‘‘(2) DETERMINATION OF MARITAL STATUS.— 

2 For purposes of this section— 

3 ‘‘(A) IN GENERAL.—Except as provided in 

4 subparagraph (B), marital status shall be deter5 mined under section 7703(a). 

6 ‘‘(B) SPECIAL RULE FOR SEPARATED

7 SPOUSE.—An individual shall not be treated as 

8 married if such individual— 

9 ‘‘(i) is married (as determined under 

10 section 7703(a)) and does not file a joint 

11 return for the taxable year, 

12 ‘‘(ii) resides with a qualifying child of 

13 the individual for more than one-half of 

14 such taxable year, and 

15 ‘‘(iii)(I) during the last 6 months of 

16 such taxable year, does not have the same 

17 principal place of abode as the individual’s 

18 spouse, or 

19 ‘‘(II) has a decree, instrument, or 

20 agreement (other than a decree of divorce) 

21 described in section 121(d)(3)(C) with re22 spect to the individual’s spouse and is not 

23 a member of the same household with the 

24 individual’s spouse by the end of the tax25 able year.’’. 


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1 (b) CONFORMING AMENDMENTS.— 

2 (1) Section 32(c)(1)(A) of such Code is amend3 ed by striking the last sentence. 

4 (2) Section 32(c)(1)(E)(ii) of such Code is 

5 amended by striking ‘‘(within the meaning of section 

6 7703)’’. 

7 (3) Section 32(d)(1) of such Code, as amended 

8 by subsection (a), is amended by striking ‘‘(within 

9 the meaning of section 7703)’’. 

10 (c) EFFECTIVE DATE.—The amendments made by 

11 this section shall apply to taxable years beginning after 

12 December 31, 2020. 

13 SEC. 9624. MODIFICATION OF DISQUALIFIED INVESTMENT 

14 INCOME TEST. 

15 (a) IN GENERAL.—Section 32(i) of the Internal Rev16 enue Code of 1986 is amended by striking ‘‘$2,200’’ and 

17 inserting ‘‘$10,000’’. 

18 (b) INFLATION ADJUSTMENT.—Section 32(j)(1) of 

19 such Code is amended— 

20 (1) in the matter preceding subparagraph (A), 

21 by inserting ‘‘(2021 in the case of the dollar amount 

22 in subsection (i)(1))’’ after ‘‘2015’’, 

23 (2) in subparagraph (B)(i)— 


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1 (A) by striking ‘‘subsections (b)(2)(A) and 

2 (i)(1)’’ and inserting ‘‘subsection (b)(2)(A)’’, 

3 and 

4 (B) by striking ‘‘and’’ at the end, 

5 (3) by striking the period at the end of sub6 paragraph (B)(ii) and inserting ‘‘, and’’, and 

7 (4) by inserting after subparagraph (B)(ii) the 

8 following new clause: 

9 ‘‘(iii) in the case of the $10,000 

10 amount in subsection (i)(1), ‘calendar year 

11 2020’ for ‘calendar year 2016’.’’. 

12 (c) EFFECTIVE DATE.—The amendments made by 

13 this section shall apply to taxable years beginning after 

14 December 31, 2020. 

15 SEC. 9625. APPLICATION OF EARNED INCOME TAX CREDIT 

16 IN POSSESSIONS OF THE UNITED STATES. 

17 (a) IN GENERAL.—Chapter 77 of the Internal Rev18 enue Code of 1986 is amended by adding at the end the 

19 following new section: 

20 ‘‘SEC. 7530. APPLICATION OF EARNED INCOME TAX CREDIT 

21 TO POSSESSIONS OF THE UNITED STATES. 

22 ‘‘(a) PUERTO RICO.— 

23 ‘‘(1) IN GENERAL.—With respect to calendar 

24 year 2021 and each calendar year thereafter, the 

25 Secretary shall, except as otherwise provided in this 


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1 subsection, make payments to Puerto Rico equal 

2 to— 

3 ‘‘(A) the specified matching amount for 

4 such calendar year, plus 

5 ‘‘(B) in the case of calendar years 2021 

6 through 2025, the lesser of— 

7 ‘‘(i) the expenditures made by Puerto 

8 Rico during such calendar year for edu9 cation efforts with respect to individual 

10 taxpayers and tax return preparers relat11 ing to the earned income tax credit, or 

12 ‘‘(ii) $1,000,000. 

13 ‘‘(2) REQUIREMENT TO REFORM EARNED IN14 COME TAX CREDIT.—The Secretary shall not make 

15 any payments under paragraph (1) with respect to 

16 any calendar year unless Puerto Rico has in effect 

17 an earned income tax credit for taxable years begin18 ning in or with such calendar year which (relative to 

19 the earned income tax credit which was in effect for 

20 taxable years beginning in or with calendar year 

21 2019) increases the percentage of earned income 

22 which is allowed as a credit for each group of indi23 viduals with respect to which such percentage is sep24 arately stated or determined in a manner designed 

25 to substantially increase workforce participation. 


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1 ‘‘(3) SPECIFIED MATCHING AMOUNT.—For pur2 poses of this subsection— 

3 ‘‘(A) IN GENERAL.—The term ‘specified 

4 matching amount’ means, with respect to any 

5 calendar year, the lesser of— 

6 ‘‘(i) the excess (if any) of— 

7 ‘‘(I) the cost to Puerto Rico of 

8 the earned income tax credit for tax9 able years beginning in or with such 

10 calendar year, over 

11 ‘‘(II) the base amount for such 

12 calendar year, or 

13 ‘‘(ii) the product of 3, multiplied by 

14 the base amount for such calendar year. 

15 ‘‘(B) BASE AMOUNT.— 

16 ‘‘(i) BASE AMOUNT FOR 2021.—In the 

17 case of calendar year 2021, the term ‘base 

18 amount’ means the greater of— 

19 ‘‘(I) the cost to Puerto Rico of 

20 the earned income tax credit for tax21 able years beginning in or with cal22 endar year 2019 (rounded to the 

23 nearest multiple of $1,000,000), or 

24 ‘‘(II) $200,000,000. 


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1 ‘‘(ii) INFLATION ADJUSTMENT.—In 

2 the case of any calendar year after 2021, 

3 the term ‘base amount’ means the dollar 

4 amount determined under clause (i) in5 creased by an amount equal to— 

6 ‘‘(I) such dollar amount, multi7 plied by— 

8 ‘‘(II) the cost-of-living adjust9 ment determined under section 1(f)(3) 

10 for such calendar year, determined by 

11 substituting ‘calendar year 2020’ for 

12 ‘calendar year 2016’ in subparagraph 

13 (A)(ii) thereof. 

14 Any amount determined under this clause 

15 shall be rounded to the nearest multiple of 

16 $1,000,000. 

17 ‘‘(4) RULES RELATED TO PAYMENTS.— 

18 ‘‘(A) TIMING OF PAYMENTS.—The Sec19 retary shall make payments under paragraph 

20 (1) for any calendar year— 

21 ‘‘(i) after receipt of such information 

22 as the Secretary may require to determine 

23 such payments, and 

24 ‘‘(ii) except as provided in clause (i), 

25 within a reasonable period of time before 


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1 the due date for individual income tax re2 turns (as determined under the laws of 

3 Puerto Rico) for taxable years which began 

4 on the first day of such calendar year. 

5 ‘‘(B) INFORMATION.—The Secretary may 

6 require the reporting of such information as the 

7 Secretary may require to carry out this sub8 section. 

9 ‘‘(C) DETERMINATION OF COST OF

10 EARNED INCOME TAX CREDIT.—For purposes 

11 of this subsection, the cost to Puerto Rico of 

12 the earned income tax credit shall be deter13 mined by the Secretary on the basis of the laws 

14 of Puerto Rico and shall include reductions in 

15 revenues received by Puerto Rico by reason of 

16 such credit and refunds attributable to such 

17 credit, but shall not include any administrative 

18 costs with respect to such credit. 

19 ‘‘(b) POSSESSIONS WITH MIRROR CODE TAX SYS20 TEMS.— 

21 ‘‘(1) IN GENERAL.—With respect to calendar 

22 year 2021 and each calendar year thereafter, the 

23 Secretary shall, except as otherwise provided in this 

24 subsection, make payments to the Virgin Islands, 


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1 Guam, and the Commonwealth of the Northern Mar2 iana Islands equal to— 

3 ‘‘(A) the cost to such possession of the 

4 earned income tax credit for taxable years be5 ginning in or with such calendar year, plus 

6 ‘‘(B) in the case of calendar years 2021 

7 through 2025, the lesser of— 

8 ‘‘(i) the expenditures made by such 

9 possession during such calendar year for 

10 education efforts with respect to individual 

11 taxpayers and tax return preparers relat12 ing to such earned income tax credit, or 

13 ‘‘(ii) $50,000. 

14 ‘‘(2) APPLICATION OF CERTAIN RULES.—Rules 

15 similar to the rules of subparagraphs (A), (B), and 

16 (C) of subsection (a)(4) shall apply for purposes of 

17 this subsection. 

18 ‘‘(c) AMERICAN SAMOA.— 

19 ‘‘(1) IN GENERAL.—With respect to calendar 

20 year 2021 and each calendar year thereafter, the 

21 Secretary shall, except as otherwise provided in this 

22 subsection, make payments to American Samoa 

23 equal to— 

24 ‘‘(A) the lesser of— 


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1 ‘‘(i) the cost to American Samoa of 

2 the earned income tax credit for taxable 

3 years beginning in or with such calendar 

4 year, or 

5 ‘‘(ii) $16,000,000, plus 

6 ‘‘(B) in the case of calendar years 2021 

7 through 2025, the lesser of— 

8 ‘‘(i) the expenditures made by Amer9 ican Samoa during such calendar year for 

10 education efforts with respect to individual 

11 taxpayers and tax return preparers relat12 ing to such earned income tax credit, or 

13 ‘‘(ii) $50,000. 

14 ‘‘(2) REQUIREMENT TO ENACT AND MAINTAIN

15 AN EARNED INCOME TAX CREDIT.—The Secretary 

16 shall not make any payments under paragraph (1) 

17 with respect to any calendar year unless American 

18 Samoa has in effect an earned income tax credit for 

19 taxable years beginning in or with such calendar 

20 year which allows a refundable tax credit to individ21 uals on the basis of the taxpayer’s earned income 

22 which is designed to substantially increase workforce 

23 participation. 

24 ‘‘(3) INFLATION ADJUSTMENT.—In the case of 

25 any calendar year after 2021, the $16,000,000 


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1 amount in paragraph (1)(A)(ii) shall be increased by 

2 an amount equal to— 

3 ‘‘(A) such dollar amount, multiplied by— 

4 ‘‘(B) the cost-of-living adjustment deter5 mined under section 1(f)(3) for such calendar 

6 year, determined by substituting ‘calendar year 

7 2020’ for ‘calendar year 2016’ in subparagraph 

8 (A)(ii) thereof. 

9 Any increase determined under this clause shall be 

10 rounded to the nearest multiple of $100,000. 

11 ‘‘(4) APPLICATION OF CERTAIN RULES.—Rules 

12 similar to the rules of subparagraphs (A), (B), and 

13 (C) of subsection (a)(4) shall apply for purposes of 

14 this subsection. 

15 ‘‘(d) TREATMENT OF PAYMENTS.—For purposes of 

16 section 1324 of title 31, United States Code, the payments 

17 under this section shall be treated in the same manner 

18 as a refund due from a credit provision referred to in sub19 section (b)(2) of such section.’’. 

20 (b) CLERICAL AMENDMENT.—The table of sections 

21 for chapter 77 of the Internal Revenue Code of 1986 is 

22 amended by adding at the end the following new item: 

‘‘Sec. 7530. Application of earned income tax credit to possessions of the 

United States.’’. 


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1 SEC. 9626. TEMPORARY SPECIAL RULE FOR DETERMINING 

2 EARNED INCOME FOR PURPOSES OF EARNED 

3 INCOME TAX CREDIT. 

4 (a) IN GENERAL.—If the earned income of the tax5 payer for the taxpayer’s first taxable year beginning in 

6 2021 is less than the earned income of the taxpayer for 

7 the taxpayer’s first taxable year beginning in 2019, the 

8 credit allowed under section 32 of the Internal Revenue 

9 Code of 1986 may, at the election of the taxpayer, be de10 termined by substituting— 

11 (1) such earned income for the taxpayer’s first 

12 taxable year beginning in 2019, for 

13 (2) such earned income for the taxpayer’s first 

14 taxable year beginning in 2021. 

15 (b) EARNED INCOME.— 

16 (1) IN GENERAL.—For purposes of this section, 

17 the term ‘‘earned income’’ has the meaning given 

18 such term under section 32(c) of the Internal Rev19 enue Code of 1986. 

20 (2) APPLICATION TO JOINT RETURNS.—For 

21 purposes of subsection (a), in the case of a joint re22 turn, the earned income of the taxpayer for the first 

23 taxable year beginning in 2019 shall be the sum of 

24 the earned income of each spouse for such taxable 

25 year. 

26 (c) SPECIAL RULES.— 


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1 (1) ERRORS TREATED AS MATHEMATICAL ER2 RORS.—For purposes of section 6213 of the Internal 

3 Revenue Code of 1986, an incorrect use on a return 

4 of earned income pursuant to subsection (a) shall be 

5 treated as a mathematical or clerical error. 

6 (2) NO EFFECT ON DETERMINATION OF GROSS

7 INCOME, ETC.—Except as otherwise provided in this 

8 subsection, the Internal Revenue Code of 1986 shall 

9 be applied without regard to any substitution under 

10 subsection (a). 

11 (d) TREATMENT OF CERTAIN POSSESSIONS.— 

12 (1) PAYMENTS TO POSSESSIONS WITH MIRROR

13 CODE TAX SYSTEMS.—The Secretary of the Treas14 ury shall pay to each possession of the United States 

15 which has a mirror code tax system amounts equal 

16 to the loss (if any) to that possession by reason of 

17 the application of the provisions of this section 

18 (other than this subsection) with respect to section 

19 32 of the Internal Revenue Code of 1986. Such 

20 amounts shall be determined by the Secretary of the 

21 Treasury based on information provided by the gov22 ernment of the respective possession. 

23 (2) PAYMENTS TO OTHER POSSESSIONS.—The 

24 Secretary of the Treasury shall pay to each posses25 sion of the United States which does not have a mirVerDate Sep 11 2014 23:55 Mar 02, 2021 Jkt 019200 PO 00000 Frm 00497 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.PCS H1319

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1 ror code tax system amounts estimated by the Sec2 retary of the Treasury as being equal to the aggre3 gate benefits (if any) that would have been provided 

4 to residents of such possession by reason of the pro5 visions of this section (other than this subsection) 

6 with respect to section 32 of the Internal Revenue 

7 Code of 1986 if a mirror code tax system had been 

8 in effect in such possession. The preceding sentence 

9 shall not apply unless the respective possession has 

10 a plan, which has been approved by the Secretary of 

11 the Treasury, under which such possession will 

12 promptly distribute such payments to its residents. 

13 (3) MIRROR CODE TAX SYSTEM.—For purposes 

14 of this section, the term ‘‘mirror code tax system’’ 

15 means, with respect to any possession of the United 

16 States, the income tax system of such possession if 

17 the income tax liability of the residents of such pos18 session under such system is determined by ref19 erence to the income tax laws of the United States 

20 as if such possession were the United States. 

21 (4) TREATMENT OF PAYMENTS.—For purposes 

22 of section 1324 of title 31, United States Code, the 

23 payments under this section shall be treated in the 

24 same manner as a refund due from a credit provi25 sion referred to in subsection (b)(2) of such section. 


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1 PART 4—DEPENDENT CARE ASSISTANCE 

2 SEC. 9631. REFUNDABILITY AND ENHANCEMENT OF CHILD 

3 AND DEPENDENT CARE TAX CREDIT. 

4 (a) IN GENERAL.—Section 21 of the Internal Rev5 enue Code of 1986 is amended by adding at the end the 

6 following new subsection: 

7 ‘‘(g) SPECIAL RULES FOR 2021.—In the case of any 

8 taxable year beginning after December 31, 2020, and be9 fore January 1, 2022— 

10 ‘‘(1) CREDIT MADE REFUNDABLE.—If the tax11 payer (in the case of a joint return, either spouse) 

12 has a principal place of abode in the United States 

13 (determined as provided in section 32) for more than 

14 one-half of the taxable year, the credit allowed under 

15 subsection (a) shall be treated as a credit allowed 

16 under subpart C (and not allowed under this sub17 part). 

18 ‘‘(2) INCREASE IN DOLLAR LIMIT ON AMOUNT

19 CREDITABLE.—Subsection (c) shall be applied— 

20 ‘‘(A) by substituting ‘$8,000’ for ‘$3,000’ 

21 in paragraph (1) thereof, and 

22 ‘‘(B) by substituting ‘$16,000’ for ‘$6,000’ 

23 in paragraph (2) thereof. 

24 ‘‘(3) INCREASE IN APPLICABLE PERCENTAGE.— 

25 Subsection (a)(2) shall be applied— 


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1 ‘‘(A) by substituting ‘50 percent’ for ‘35 

2 percent ’, and 

3 ‘‘(B) by substituting ‘$125,000’ for 

4 ‘$15,000’. 

5 ‘‘(4) APPLICATION OF PHASEOUT TO HIGH IN6 COME INDIVIDUALS.— 

7 ‘‘(A) IN GENERAL.—Subsection (a)(2) 

8 shall be applied by substituting ‘the phaseout 

9 percentage’ for ‘20 percent’. 

10 ‘‘(B) PHASEOUT PERCENTAGE.—The term 

11 ‘phaseout percentage’ means 20 percent re12 duced (but not below zero) by 1 percentage 

13 point for each $2,000 (or fraction thereof) by 

14 which the taxpayer’s adjusted gross income for 

15 the taxable year exceeds $400,000.’’. 

16 (b) APPLICATION OF CREDIT IN POSSESSIONS.—Sec17 tion 21 of such Code, as amended by subsection (a), is 

18 amended by adding at the end the following new sub19 section: 

20 ‘‘(h) APPLICATION OF CREDIT IN POSSESSIONS.— 

21 ‘‘(1) PAYMENT TO POSSESSIONS WITH MIRROR

22 CODE TAX SYSTEMS.—The Secretary shall pay to 

23 each possession of the United States with a mirror 

24 code tax system amounts equal to the loss (if any) 

25 to that possession by reason of the application of 


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1 this section (determined without regard to this sub2 section) with respect to taxable years beginning in or 

3 with 2021. Such amounts shall be determined by the 

4 Secretary based on information provided by the gov5 ernment of the respective possession. 

6 ‘‘(2) PAYMENTS TO OTHER POSSESSIONS.—The 

7 Secretary shall pay to each possession of the United 

8 States which does not have a mirror code tax system 

9 amounts estimated by the Secretary as being equal 

10 to the aggregate benefits that would have been pro11 vided to residents of such possession by reason of 

12 this section with respect to taxable years beginning 

13 in or with 2021 if a mirror code tax system had 

14 been in effect in such possession. The preceding sen15 tence shall not apply unless the respective possession 

16 has a plan, which has been approved by the Sec17 retary, under which such possession will promptly 

18 distribute such payments to its residents. 

19 ‘‘(3) COORDINATION WITH CREDIT ALLOWED

20 AGAINST UNITED STATES INCOME TAXES.—In the 

21 case of any taxable year beginning in or with 2021, 

22 no credit shall be allowed under this section to any 

23 individual— 


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1 ‘‘(A) to whom a credit is allowable against 

2 taxes imposed by a possession with a mirror 

3 code tax system by reason of this section, or 

4 ‘‘(B) who is eligible for a payment under 

5 a plan described in paragraph (2). 

6 ‘‘(4) MIRROR CODE TAX SYSTEM.—For pur7 poses of this subsection, the term ‘mirror code tax 

8 system’ 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 ‘‘(5) TREATMENT OF PAYMENTS.—For pur15 poses of section 1324 of title 31, United States 

16 Code, the payments under this subsection shall be 

17 treated in the same manner as a refund due from 

18 a credit provision referred to in subsection (b)(2) of 

19 such section.’’. 

20 (c) CONFORMING AMENDMENTS.— 

21 (1) Section 6211(b)(4)(A) of such Code, as 

22 amended by the preceding provisions of this Act, is 

23 amended by inserting ‘‘21 by reason of subsection 

24 (g) thereof,’’ before ‘‘24’’. 


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1 (2) Section 1324(b)(2) of title 31, United 

2 States Code (as amended by the preceding provi3 sions of this title), is amended by inserting ‘‘21,’’ be4 fore ‘‘24’’. 

5 (d) EFFECTIVE DATE.—The amendments made by 

6 this section shall apply to taxable years beginning after 

7 December 31, 2020. 

8 SEC. 9632. INCREASE IN EXCLUSION FOR EMPLOYER-PRO9 VIDED DEPENDENT CARE ASSISTANCE. 

10 (a) IN GENERAL.—Section 129(a)(2) of the Internal 

11 Revenue Code of 1986 is amended by adding at the end 

12 the following new subparagraph: 

13 ‘‘(D) SPECIAL RULE FOR 2021.—In the 

14 case of any taxable year beginning after Decem15 ber 31, 2020, and before January 1, 2022, sub16 paragraph (A) shall be applied be substituting 

17 ‘$10,500 (half such dollar amount’ for ‘$5,000 

18 ($2,500’.’’. 

19 (b) EFFECTIVE DATE.—The amendment made by 

20 this section shall apply to taxable years beginning after 

21 December 31, 2020. 

22 (c) RETROACTIVE PLAN AMENDMENTS.—A plan that 

23 otherwise satisfies all applicable requirements of sections 

24 125 and 129 of the Internal Revenue Code of 1986 (in25 cluding any rules or regulations thereunder) shall not fail 


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1 to be treated as a cafeteria plan or dependent care assist2 ance program merely because such plan is amended pursu3 ant to a provision under this section and such amendment 

4 is retroactive, if— 

5 (1) such amendment is adopted no later than 

6 the last day of the plan year in which the amend7 ment is effective, and 

8 (2) the plan is operated consistent with the 

9 terms of such amendment during the period begin10 ning on the effective date of the amendment and 

11 ending on the date the amendment is adopted. 

12 PART 5—CREDITS FOR PAID SICK AND FAMILY 

13 LEAVE 

14 SEC. 9641. PAYROLL CREDITS. 

15 (a) IN GENERAL.—Chapter 21 of the Internal Rev16 enue Code of 1986 is amended by adding at the end the 

17 following new subchapter: 

18 ‘‘Subchapter D—Credits 

‘‘Sec. 3131. Credit for paid sick leave. 

‘‘Sec. 3132. Payroll credit for paid family leave. 

‘‘Sec. 3133. Special rule related to tax on employers. 

19 ‘‘SEC. 3131. CREDIT FOR PAID SICK LEAVE. 

20 ‘‘(a) IN GENERAL.—In the case of an employer, there 

21 shall be allowed as a credit against applicable employment 

22 taxes for each calendar quarter an amount equal to 100 

23 percent of the qualified sick leave wages paid by such em24 ployer with respect to such calendar quarter. 


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1 ‘‘(b) LIMITATIONS AND REFUNDABILITY.— 

2 ‘‘(1) WAGES TAKEN INTO ACCOUNT.—The 

3 amount of qualified sick leave wages taken into ac4 count under subsection (a) with respect to any indi5 vidual shall not exceed $200 ($511 in the case of 

6 any day any portion of which is paid sick time de7 scribed in paragraph (1), (2), or (3) of section 

8 5102(a) of the Emergency Paid Sick Leave Act, ap9 plied with the modification described in subsection 

10 (c)(2)(A)(i)) for any day (or portion thereof) for 

11 which the individual is paid qualified sick leave 

12 wages. 

13 ‘‘(2) OVERALL LIMITATION ON NUMBER OF

14 DAYS TAKEN INTO ACCOUNT.—The aggregate num15 ber of days taken into account under paragraph (1) 

16 for any calendar quarter shall not exceed the excess 

17 (if any) of— 

18 ‘‘(A) 10, over 

19 ‘‘(B) the aggregate number of days so 

20 taken into account during preceding calendar 

21 quarters in such calendar year (other than the 

22 first quarter of calendar year 2021). 

23 ‘‘(3) CREDIT LIMITED TO CERTAIN EMPLOY24 MENT TAXES.—The credit allowed by subsection (a) 

25 with respect to any calendar quarter shall not exceed 


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1 the applicable employment taxes for such calendar 

2 quarter on the wages paid with respect to the em3 ployment of all employees of the employer. 

4 ‘‘(4) REFUNDABILITY OF EXCESS CREDIT.— 

5 ‘‘(A) CREDIT IS REFUNDABLE.—If the 

6 amount of the credit under subsection (a) ex7 ceeds the limitation of paragraph (3) for any 

8 calendar quarter, such excess shall be treated 

9 as an overpayment that shall be refunded under 

10 sections 6402(a) and 6413(b). 

11 ‘‘(B) ADVANCING CREDIT.—In anticipation 

12 of the credit, including the refundable portion 

13 under subparagraph (A), the credit shall be ad14 vanced, according to forms and instructions 

15 provided by the Secretary, up to an amount cal16 culated under subsection (a), subject to the lim17 its under paragraph (1) and (2), all calculated 

18 through the end of the most recent payroll pe19 riod in the quarter. 

20 ‘‘(c) QUALIFIED SICK LEAVE WAGES.—For purposes 

21 of this section— 

22 ‘‘(1) IN GENERAL.—The term ‘qualified sick 

23 leave wages’ means wages paid by an employer 

24 which would be required to be paid by reason of the 


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1 Emergency Paid Sick Leave Act as if such Act ap2 plied after March 31, 2021. 

3 ‘‘(2) RULES OF APPLICATION.—For purposes of 

4 determining whether wages are qualified sick leave 

5 wages under paragraph (1)— 

6 ‘‘(A) IN GENERAL.—The Emergency Paid 

7 Sick Leave Act shall be applied— 

8 ‘‘(i) by inserting ‘, the employee is 

9 seeking or awaiting the results of a diag10 nostic test for, or a medical diagnosis of, 

11 COVID-19 and such employee has been ex12 posed to COVID-19 or the employee’s em13 ployer has requested such test or diag14 nosis, or the employee is obtaining immu15 nization related to COVID–19 or recov16 ering from any injury, disability, illness, or 

17 condition related to such immunization’ 

18 after ‘medical diagnosis’ in section 

19 5102(a)(3) thereof, and 

20 ‘‘(ii) by applying section 5102(b)(1) of 

21 such Act separately with respect to each 

22 calendar year after 2020 (and, in the case 

23 of calendar year 2021, without regard to 

24 the first quarter thereof). 


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1 ‘‘(B) LEAVE MUST MEET REQUIRE2 MENTS.—If an employer fails to comply with 

3 any requirement of such Act (determined with4 out regard to section 5109 thereof) with respect 

5 to paid sick time (as defined in section 5110 of 

6 such Act), amounts paid by such employer with 

7 respect to such paid sick time shall not be 

8 taken into account as qualified sick leave wages. 

9 For purposes of the preceding sentence, an em10 ployer which takes an action described in sec11 tion 5104 of such Act shall be treated as failing 

12 to meet a requirement of such Act. 

13 ‘‘(d) ALLOWANCE OF CREDIT FOR CERTAIN HEALTH

14 PLAN EXPENSES.— 

15 ‘‘(1) IN GENERAL.—The amount of the credit 

16 allowed under subsection (a) shall be increased by so 

17 much of the employer’s qualified health plan ex18 penses as are properly allocable to the qualified sick 

19 leave wages for which such credit is so allowed. 

20 ‘‘(2) QUALIFIED HEALTH PLAN EXPENSES.— 

21 For purposes of this subsection, the term ‘qualified 

22 health plan expenses’ means amounts paid or in23 curred by the employer to provide and maintain a 

24 group health plan (as defined in section 5000(b)(1)), 

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1 cluded from the gross income of employees by reason 

2 of section 106(a). 

3 ‘‘(3) ALLOCATION RULES.—For purposes of 

4 this section, qualified health plan expenses shall be 

5 allocated to qualified sick leave wages in such man6 ner as the Secretary may prescribe. Except as other7 wise provided by the Secretary, such allocation shall 

8 be treated as properly made if made on the basis of 

9 being pro rata among covered employees and pro 

10 rata on the basis of periods of coverage (relative to 

11 the time periods of leave to which such wages re12 late). 

13 ‘‘(e) DEFINITIONS AND SPECIAL RULES.— 

14 ‘‘(1) APPLICABLE EMPLOYMENT TAXES.—For 

15 purposes of this section, the term ‘applicable employ16 ment taxes’ means the following: 

17 ‘‘(A) The taxes imposed under section 

18 3111(b). 

19 ‘‘(B) So much of the taxes imposed under 

20 section 3221(a) as are attributable to the rate 

21 in effect under section 3111(b). 

22 ‘‘(2) WAGES.—For purposes of this section, the 

23 term ‘wages’ means wages (as defined in section 

24 3121(a), determined without regard to paragraphs 

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1 tion (as defined in section 3231(e), determined with2 out regard to the sentence in paragraph (1) thereof 

3 which begins ‘Such term does not include remunera4 tion’). 

5 ‘‘(3) DENIAL OF DOUBLE BENEFIT.—For pur6 poses of chapter 1, the gross income of the em7 ployer, for the taxable year which includes the last 

8 day of any calendar quarter with respect to which a 

9 credit is allowed under this section, shall be in10 creased by the amount of such credit. Any wages 

11 taken into account in determining the credit allowed 

12 under this section shall not be taken into account for 

13 purposes of determining the credit allowed under 

14 sections 45A, 45P, 45S, 51, 3132, and 3134. In the 

15 case of any credit allowed under section 2301 of the 

16 CARES Act or section 41 with respect to wages 

17 taken into account under this section, the credit al18 lowed under this section shall be reduced by the por19 tion of the credit allowed under such section 2301 

20 or section 41 which is attributable to such wages. 

21 ‘‘(4) ELECTION TO NOT TAKE CERTAIN WAGES

22 INTO ACCOUNT.—This section shall not apply to so 

23 much of the qualified sick leave wages paid by an el24 igible employer as such employer elects (at such time 


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1 and in such manner as the Secretary may prescribe) 

2 to not take into account for purposes of this section. 

3 ‘‘(5) CERTAIN GOVERNMENTAL EMPLOYERS.— 

4 No credit shall be allowed under this section to the 

5 Government of the United States or to any agency 

6 or instrumentality thereof. The preceding sentence 

7 shall not apply to any organization described in sec8 tion 501(c)(1) and exempt from tax under section 

9 501(a). 

10 ‘‘(6) EXTENSION OF LIMITATION ON ASSESS11 MENT.—Notwithstanding section 6501, the limita12 tion on the time period for the assessment of any 

13 amount attributable to a credit claimed under this 

14 section shall not expire before the date that is 5 

15 years after the later of— 

16 ‘‘(A) the date on which the original return 

17 which includes the calendar quarter with re18 spect to which such credit is determined is filed, 

19 or 

20 ‘‘(B) the date on which such return is 

21 treated as filed under section 6501(b)(2). 

22 ‘‘(f) REGULATIONS.—The Secretary shall prescribe 

23 such regulations or other guidance as may be necessary 

24 to carry out the purposes of this section, including— 


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1 ‘‘(1) regulations or other guidance to prevent 

2 the avoidance of the purposes of the limitations 

3 under this section, 

4 ‘‘(2) regulations or other guidance to minimize 

5 compliance and record-keeping burdens under this 

6 section, 

7 ‘‘(3) regulations or other guidance providing for 

8 waiver of penalties for failure to deposit amounts in 

9 anticipation of the allowance of the credit allowed 

10 under this section, 

11 ‘‘(4) regulations or other guidance for recap12 turing the benefit of credits determined under this 

13 section in cases where there is a subsequent adjust14 ment to the credit determined under subsection (a), 

15 ‘‘(5) regulations or other guidance to ensure 

16 that the wages taken into account under this section 

17 conform with the paid sick time required to be pro18 vided under the Emergency Paid Sick Leave Act, 

19 and 

20 ‘‘(6) regulations or other guidance to permit the 

21 advancement of the credit determined under sub22 section (a). 

23 ‘‘(g) APPLICATION OF SECTION.—This section shall 

24 apply only to wages paid with respect to the period begin25 ning on April 1, 2021, and ending on September 30, 2021. 


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1 ‘‘(h) TREATMENT OF DEPOSITS.—The Secretary 

2 shall waive any penalty under section 6656 for any failure 

3 to make a deposit of applicable employment taxes if the 

4 Secretary determines that such failure was due to the an5 ticipation of the credit allowed under this section. 

6 ‘‘(i) NON-DISCRIMINATION REQUIREMENT.—No 

7 credit shall be allowed under this section to any employer 

8 for any calendar quarter if such employer, with respect 

9 to the availability of the provision of qualified sick leave 

10 wages to which this section otherwise applies for such cal11 endar quarter, discriminates in favor of highly com12 pensated employees (within the meaning of section 

13 414(q)), full-time employees, or employees on the basis of 

14 employment tenure with such employer. 

15 ‘‘SEC. 3132. PAYROLL CREDIT FOR PAID FAMILY LEAVE. 

16 ‘‘(a) IN GENERAL.—In the case of an employer, there 

17 shall be allowed as a credit against applicable employment 

18 taxes for each calendar quarter an amount equal to 100 

19 percent of the qualified family leave wages paid by such 

20 employer with respect to such calendar quarter. 

21 ‘‘(b) LIMITATIONS AND REFUNDABILITY.— 

22 ‘‘(1) WAGES TAKEN INTO ACCOUNT.—The 

23 amount of qualified family leave wages taken into 

24 account under subsection (a) with respect to any in25 dividual shall not exceed— 


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1 ‘‘(A) for any day (or portion thereof) for 

2 which the individual is paid qualified family 

3 leave wages, $200, and 

4 ‘‘(B) in the aggregate with respect to all 

5 calendar quarters, $12,000. 

6 ‘‘(2) CREDIT LIMITED TO CERTAIN EMPLOY7 MENT TAXES.—The credit allowed by subsection (a) 

8 with respect to any calendar quarter shall not exceed 

9 the applicable employment taxes for such calendar 

10 quarter (reduced by any credits allowed under sec11 tion 3131) on the wages paid with respect to the em12 ployment of all employees of the employer. 

13 ‘‘(3) REFUNDABILITY OF EXCESS CREDIT.— 

14 ‘‘(A) CREDIT IS REFUNDABLE.—If the 

15 amount of the credit under subsection (a) ex16 ceeds the limitation of paragraph (2) for any 

17 calendar quarter, such excess shall be treated 

18 as an overpayment that shall be refunded under 

19 sections 6402(a) and 6413(b). 

20 ‘‘(B) ADVANCING CREDIT.—In anticipation 

21 of the credit, including the refundable portion 

22 under subparagraph (A), the credit shall be ad23 vanced, according to forms and instructions 

24 provided by the Secretary, up to an amount cal25 culated under subsection (a), subject to the limVerDate Sep 11 2014 23:55 Mar 02, 2021 Jkt 019200 PO 00000 Frm 00514 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.PCS H1319

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1 its under paragraph (1) and (2), all calculated 

2 through the end of the most recent payroll pe3 riod in the quarter. 

4 ‘‘(c) QUALIFIED FAMILY LEAVE WAGES.— 

5 ‘‘(1) IN GENERAL.—For purposes of this sec6 tion, the term ‘qualified family leave wages’ means 

7 wages paid by an employer which would be required 

8 to be paid by reason of the Emergency Family and 

9 Medical Leave Expansion Act (including the amend10 ments made by such Act) as if such Act (and 

11 amendments made by such Act) applied after March 

12 31, 2021. 

13 ‘‘(2) RULES OF APPLICATION.— 

14 ‘‘(A) IN GENERAL.—For purposes of deter15 mining whether wages are qualified family leave 

16 wages under paragraph (1)— 

17 ‘‘(i) section 110(a)(2)(A) of the Fam18 ily and Medical Leave Act of 1993 shall be 

19 applied by inserting ‘or any reason for 

20 leave described in section 5102(a) of the 

21 Families First Coronavirus Response Act, 

22 or the employee is seeking or awaiting the 

23 results of a diagnostic test for, or a med24 ical diagnosis of, COVID-19 and such em25 ployee has been exposed to COVID-19 or 


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1 the employee’s employer has requested 

2 such test or diagnosis, or the employee is 

3 obtaining immunization related to COVID– 

4 19 or recovering from any injury, dis5 ability, illness, or condition related to such 

6 immunization’ after ‘public health emer7 gency’, and 

8 ‘‘(ii) section 110(b) of such Act shall 

9 be applied— 

10 ‘‘(I) without regard to paragraph 

11 (1) thereof, 

12 ‘‘(II) by striking ‘after taking 

13 leave after such section for 10 days’ 

14 in paragraph (2)(A) thereof, and 

15 ‘‘(III) by substituting ‘$12,000’ 

16 for ‘$10,000’ in paragraph (2)(B)(ii) 

17 thereof. 

18 ‘‘(B) LEAVE MUST MEET REQUIRE19 MENTS.—For purposes of determining whether 

20 wages would be required to be paid under para21 graph (1), if an employer fails to comply with 

22 any requirement of the Family and Medical 

23 Leave Act of 1993 or the Emergency Family 

24 and Medical Leave Expansion Act (determined 

25 without regard to any time limitation under secVerDate Sep 11 2014 23:55 Mar 02, 2021 Jkt 019200 PO 00000 Frm 00516 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.PCS H1319

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1 tion 102(a)(1)(F) of the Family and Medical 

2 Leave Act of 1994) with respect to any leave 

3 provided for a qualifying need related to a pub4 lic health emergency (as defined in section 110 

5 of such Act, applied as described in subpara6 graph (A)(i)), amounts paid by such employer 

7 with respect to such leave shall not be taken 

8 into account as qualified family leave wages. 

9 For purposes of the preceding sentence, an em10 ployer which takes an action described in sec11 tion 105 of the Family and Medical Leave Act 

12 of 1993 shall be treated as failing to meet a re13 quirement of such Act. 

14 ‘‘(d) ALLOWANCE OF CREDIT FOR CERTAIN HEALTH

15 PLAN EXPENSES.— 

16 ‘‘(1) IN GENERAL.—The amount of the credit 

17 allowed under subsection (a) shall be increased by so 

18 much of the employer’s qualified health plan ex19 penses as are properly allocable to the qualified fam20 ily leave wages for which such credit is so allowed. 

21 ‘‘(2) QUALIFIED HEALTH PLAN EXPENSES.— 

22 For purposes of this subsection, the term ‘qualified 

23 health plan expenses’ means amounts paid or in24 curred by the employer to provide and maintain a 

25 group health plan (as defined in section 5000(b)(1)), 


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1 but only to the extent that such amounts are ex2 cluded from the gross income of employees by reason 

3 of section 106(a). 

4 ‘‘(3) ALLOCATION RULES.—For purposes of 

5 this section, qualified health plan expenses shall be 

6 allocated to qualified family leave wages in such 

7 manner as the Secretary may prescribe. Except as 

8 otherwise provided by the Secretary, such allocation 

9 shall be treated as properly made if made on the 

10 basis of being pro rata among covered employees 

11 and pro rata on the basis of periods of coverage (rel12 ative to the time periods of leave to which such 

13 wages relate). 

14 ‘‘(e) DEFINITIONS AND SPECIAL RULES.— 

15 ‘‘(1) APPLICABLE EMPLOYMENT TAXES.—For 

16 purposes of this section, the term ‘applicable employ17 ment taxes’ means the following: 

18 ‘‘(A) The taxes imposed under section 

19 3111(b). 

20 ‘‘(B) So much of the taxes imposed under 

21 section 3221(a) as are attributable to the rate 

22 in effect under section 3111(b). 

23 ‘‘(2) WAGES.—For purposes of this section, the 

24 term ‘wages’ means wages (as defined in section 

25 3121(a), determined without regard to paragraphs 


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1 (1) through (22) of section 3121(b)) and compensa2 tion (as defined in section 3231(e), determined with3 out regard to the sentence in paragraph (1) thereof 

4 which begins ‘Such term does not include remunera5 tion’). 

6 ‘‘(3) DENIAL OF DOUBLE BENEFIT.—For pur7 poses of chapter 1, the gross income of the em8 ployer, for the taxable year which includes the last 

9 day of any calendar quarter with respect to which a 

10 credit is allowed under this section, shall be in11 creased by the amount of such credit. Any wages 

12 taken into account in determining the credit allowed 

13 under this section shall not be taken into account for 

14 purposes of determining the credit allowed under 

15 sections 45A, 45P, 45S, 51, 3131, and 3134. In the 

16 case of any credit allowed under section 2301 of the 

17 CARES Act or section 41 with respect to wages 

18 taken into account under this section, the credit al19 lowed under this section shall be reduced by the por20 tion of the credit allowed under such section 2301 

21 or section 41 which is attributable to such wages. 

22 ‘‘(4) ELECTION TO NOT TAKE CERTAIN WAGES

23 INTO ACCOUNT.—This section shall not apply to so 

24 much of the qualified family leave wages paid by an 

25 eligible employer as such employer elects (at such 


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1 time and in such manner as the Secretary may pre2 scribe) to not take into account for purposes of this 

3 section. 

4 ‘‘(5) CERTAIN GOVERNMENTAL EMPLOYERS.— 

5 No credit shall be allowed under this section to the 

6 Government of the United States or to any agency 

7 or instrumentality thereof. The preceding sentence 

8 shall not apply to any organization described in sec9 tion 501(c)(1) and exempt from tax under section 

10 501(a). 

11 ‘‘(6) EXTENSION OF LIMITATION ON ASSESS12 MENT.—Notwithstanding section 6501, the limita13 tion on the time period for the assessment of any 

14 amount attributable to a credit claimed under this 

15 section shall not expire before the date that is 5 

16 years after the later of— 

17 ‘‘(A) the date on which the original return 

18 which includes the calendar quarter with re19 spect to which such credit is determined is filed, 

20 or 

21 ‘‘(B) the date on which such return is 

22 treated as filed under section 6501(b)(2). 

23 ‘‘(f) REGULATIONS.—The Secretary shall prescribe 

24 such regulations or other guidance as may be necessary 

25 to carry out the purposes of this section, including— 


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1 ‘‘(1) regulations or other guidance to prevent 

2 the avoidance of the purposes of the limitations 

3 under this section, 

4 ‘‘(2) regulations or other guidance to minimize 

5 compliance and record-keeping burdens under this 

6 section, 

7 ‘‘(3) regulations or other guidance providing for 

8 waiver of penalties for failure to deposit amounts in 

9 anticipation of the allowance of the credit allowed 

10 under this section, 

11 ‘‘(4) regulations or other guidance for recap12 turing the benefit of credits determined under this 

13 section in cases where there is a subsequent adjust14 ment to the credit determined under subsection (a), 

15 ‘‘(5) regulations or other guidance to ensure 

16 that the wages taken into account under this section 

17 conform with the paid leave required to be provided 

18 under the Emergency Family and Medical Leave Ex19 pansion Act (including the amendments made by 

20 such Act), and 

21 ‘‘(6) regulations or other guidance to permit the 

22 advancement of the credit determined under sub23 section (a). 


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1 ‘‘(g) APPLICATION OF SECTION.—This section shall 

2 apply only to wages paid with respect to the period begin3 ning on April 1, 2021, and ending on September 30, 2021. 

4 ‘‘(h) TREATMENT OF DEPOSITS.—The Secretary 

5 shall waive any penalty under section 6656 for any failure 

6 to make a deposit of applicable employment taxes if the 

7 Secretary determines that such failure was due to the an8 ticipation of the credit allowed under this section. 

9 ‘‘(i) NON-DISCRIMINATION REQUIREMENT.—No 

10 credit shall be allowed under this section to any employer 

11 for any calendar quarter if such employer, with respect 

12 to the availability of the provision of qualified family leave 

13 wages to which this section otherwise applies for such cal14 endar quarter, discriminates in favor of highly com15 pensated employees (within the meaning of section 

16 414(q)), full-time employees, or employees on the basis of 

17 employment tenure with such employer. 

18 ‘‘SEC. 3133. SPECIAL RULE RELATED TO TAX ON EMPLOY19 ERS. 

20 ‘‘(a) IN GENERAL.—The credit allowed by section 

21 3131 and the credit allowed by section 3132 shall each 

22 be increased by the amount of the taxes imposed by sub23 sections (a) and (b) of section 3111 and section 3221(a) 

24 on qualified sick leave wages, or qualified family leave 


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1 wages, for which credit is allowed under such section 3131 

2 or 3132 (respectively). 

3 ‘‘(b) DENIAL OF DOUBLE BENEFIT.—For denial of 

4 double benefit with respect to the credit increase under 

5 subsection (a), see sections 3131(e)(3) and 3132(e)(3).’’. 

6 (b) REFUNDS.—Paragraph (2) of section 1324(b) of 

7 title 31, United States Code, is amended by inserting 

8 ‘‘3131, 3132,’’ before ‘‘6428’’. 

9 (c) CLERICAL AMENDMENT.—The table of sub10 chapters for chapter 21 of the Internal Revenue Code of 

11 1986 is amended by adding at the end the following new 

12 item: 

‘‘SUBCHAPTER D—CREDITS’’. 

13 (d) EFFECTIVE DATE.—The amendments made by 

14 this section shall apply to amounts paid with respect to 

15 calendar quarters beginning after March 31, 2021. 

16 SEC. 9642. CREDIT FOR SICK LEAVE FOR CERTAIN SELF17 EMPLOYED INDIVIDUALS. 

18 (a) IN GENERAL.—In the case of an eligible self-em19 ployed individual, there shall be allowed as a credit against 

20 the tax imposed by chapter 1 of the Internal Revenue Code 

21 of 1986 for any taxable year an amount equal to the quali22 fied sick leave equivalent amount with respect to the indi23 vidual. 

24 (b) ELIGIBLE SELF-EMPLOYED INDIVIDUAL.—For 

25 purposes of this section— 


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1 (1) IN GENERAL.—The term ‘‘eligible self-em2 ployed individual’’ means an individual who— 

3 (A) regularly carries on any trade or busi4 ness within the meaning of section 1402 of the 

5 Internal Revenue Code of 1986, and 

6 (B) would be entitled to receive paid leave 

7 during the taxable year pursuant to the Emer8 gency Paid Sick Leave Act if— 

9 (i) the individual were an employee of 

10 an employer (other than himself or her11 self), and 

12 (ii) such Act applied after March 31, 

13 2021. 

14 (2) RULES OF APPLICATION.—For purposes of 

15 paragraph (1)(B), in determining whether an indi16 vidual would be entitled to receive paid leave under 

17 the Emergency Paid Sick Leave Act, such Act shall 

18 be applied— 

19 (A) by inserting ‘‘, the employee is seeking 

20 or awaiting the results of a diagnostic test for, 

21 or a medical diagnosis of, COVID-19 and such 

22 employee has been exposed to COVID-19 or is 

23 unable to work pending the results of such test 

24 or diagnosis, or the employee is obtaining im25 munization related to COVID–19 or recovering 


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1 from any injury, disability, illness, or condition 

2 related to such immunization’’ after ‘‘medical 

3 diagnosis’’ in section 5102(a)(3) of such Act, 

4 and 

5 (B) by applying section 5102(b)(1) of such 

6 Act separately with respect to each taxable 

7 year. 

8 (c) QUALIFIED SICK LEAVE EQUIVALENT

9 AMOUNT.—For purposes of this section— 

10 (1) IN GENERAL.—The term ‘‘qualified sick 

11 leave equivalent amount’’ means, with respect to any 

12 eligible self-employed individual, an amount equal 

13 to— 

14 (A) the number of days during the taxable 

15 year (but not more than 10) that the individual 

16 is unable to perform services in any trade or 

17 business referred to in section 1402 of the In18 ternal Revenue Code of 1986 for a reason with 

19 respect to which such individual would be enti20 tled to receive sick leave as described in sub21 section (b), multiplied by 

22 (B) the lesser of— 

23 (i) $200 ($511 in the case of any day 

24 of paid sick time described in paragraph 

25 (1), (2), or (3) of section 5102(a) of the 


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1 Emergency Paid Sick Leave Act, applied 

2 with the modification described in sub3 section (b)(2)(A)) of this section, or 

4 (ii) 67 percent (100 percent in the 

5 case of any day of paid sick time described 

6 in paragraph (1), (2), or (3) of section 

7 5102(a) of the Emergency Paid Sick Leave 

8 Act) of the average daily self-employment 

9 income of the individual for the taxable 

10 year. 

11 (2) AVERAGE DAILY SELF-EMPLOYMENT IN12 COME.—For purposes of this subsection, the term 

13 ‘‘average daily self-employment income’’ means an 

14 amount equal to— 

15 (A) the net earnings from self-employment 

16 of the individual for the taxable year, divided by 

17 (B) 260. 

18 (3) ELECTION TO USE PRIOR YEAR NET EARN19 INGS FROM SELF-EMPLOYMENT INCOME.—In the 

20 case of an individual who elects (at such time and 

21 in such manner as the Secretary may provide) the 

22 application of this paragraph, paragraph (2)(A) shall 

23 be applied by substituting ‘‘the prior taxable year’’ 

24 for ‘‘the taxable year’’. 


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1 (4) ELECTION TO NOT TAKE DAYS INTO AC2 COUNT.—Any day shall not be taken into account 

3 under paragraph (1)(A) if the eligible self-employed 

4 individual elects (at such time and in such manner 

5 as the Secretary may prescribe) to not take such day 

6 into account for purposes of such paragraph. 

7 (d) CREDIT REFUNDABLE.— 

8 (1) IN GENERAL.—The credit determined under 

9 this section shall be treated as a credit allowed to 

10 the taxpayer under subpart C of part IV of sub11 chapter A of chapter 1 of such Code. 

12 (2) TREATMENT OF PAYMENTS.—For purposes 

13 of section 1324 of title 31, United States Code, any 

14 refund due from the credit determined under this 

15 section shall be treated in the same manner as a re16 fund due from a credit provision referred to in sub17 section (b)(2) of such section. 

18 (e) SPECIAL RULES.— 

19 (1) DOCUMENTATION.—No credit shall be al20 lowed under this section unless the individual main21 tains such documentation as the Secretary may pre22 scribe to establish such individual as an eligible self23 employed individual. 

24 (2) DENIAL OF DOUBLE BENEFIT.—In the case 

25 of an individual who receives wages (as defined in 


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1 section 3121(a) of the Internal Revenue Code of 

2 1986) or compensation (as defined in section 

3 3231(e) of such Code) paid by an employer which 

4 are required to be paid by reason of the Emergency 

5 Paid Sick Leave Act, the qualified sick leave equiva6 lent amount otherwise determined under subsection 

7 (c) of this section shall be reduced (but not below 

8 zero) to the extent that the sum of the amount de9 scribed in such subsection and in section 3131(b)(1) 

10 of such Code exceeds $2,000 ($5,110 in the case of 

11 any day any portion of which is paid sick time de12 scribed in paragraph (1), (2), or (3) of section 

13 5102(a) of the Emergency Paid Sick Leave Act). 

14 (f) APPLICATION OF SECTION.—Only days occurring 

15 during the period beginning on April 1, 2021, and ending 

16 on September 30, 2021, may be taken into account under 

17 subsection (c)(1)(A). 

18 (g) APPLICATION OF CREDIT IN CERTAIN POSSES19 SIONS.— 

20 (1) PAYMENTS TO POSSESSIONS WITH MIRROR

21 CODE TAX SYSTEMS.—The Secretary shall pay to 

22 each possession of the United States which has a 

23 mirror code tax system amounts equal to the loss (if 

24 any) to that possession by reason of the application 

25 of the provisions of this section. Such amounts shall 


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1 be determined by the Secretary based on information 

2 provided by the government of the respective posses3 sion. 

4 (2) PAYMENTS TO OTHER POSSESSIONS.—The 

5 Secretary shall pay to each possession of the United 

6 States which does not have a mirror code tax system 

7 amounts estimated by the Secretary as being equal 

8 to the aggregate benefits (if any) that would have 

9 been provided to residents of such possession by rea10 son of the provisions of this section if a mirror code 

11 tax system had been in effect in such possession. 

12 The preceding sentence shall not apply unless the re13 spective possession has a plan, which has been ap14 proved by the Secretary, under which such posses15 sion will promptly distribute such payments to its 

16 residents. 

17 (3) MIRROR CODE TAX SYSTEM.—For purposes 

18 of this section, the term ‘‘mirror code tax system’’ 

19 means, with respect to any possession of the United 

20 States, the income tax system of such possession if 

21 the income tax liability of the residents of such pos22 session under such system is determined by ref23 erence to the income tax laws of the United States 

24 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 subsection shall be treated in 

4 the same manner as a refund due from a credit pro5 vision referred to in subsection (b)(2) of such sec6 tion. 

7 (h) REGULATIONS.—The Secretary shall prescribe 

8 such regulations or other guidance as may be necessary 

9 to carry out the purposes of this section, including— 

10 (1) regulations or other guidance to effectuate 

11 the purposes of this section, and 

12 (2) regulations or other guidance to minimize 

13 compliance and record-keeping burdens under this 

14 section. 

15 SEC. 9643. CREDIT FOR FAMILY LEAVE FOR CERTAIN SELF16 EMPLOYED INDIVIDUALS. 

17 (a) IN GENERAL.—In the case of an eligible self-em18 ployed individual, there shall be allowed as a credit against 

19 the tax imposed by chapter 1 of the Internal Revenue Code 

20 of 1986 for any taxable year an amount equal to 100 per21 cent of the qualified family leave equivalent amount with 

22 respect to the individual. 

23 (b) ELIGIBLE SELF-EMPLOYED INDIVIDUAL.—For 

24 purposes of this section— 


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1 (1) IN GENERAL.—The term ‘‘eligible self-em2 ployed individual’’ means an individual who— 

3 (A) regularly carries on any trade or busi4 ness within the meaning of section 1402 of the 

5 Internal Revenue Code of 1986, and 

6 (B) would be entitled to receive paid leave 

7 during the taxable year pursuant to the Emer8 gency Family and Medical Leave Expansion Act 

9 if— 

10 (i) the individual were an employee of 

11 an employer (other than himself or her12 self), 

13 (ii) section 102(a)(1)(F) of the Fam14 ily and Medical Leave Act of 1993 applied 

15 after March 31, 2021. 

16 (2) RULES OF APPLICATION.—For purposes of 

17 paragraph (1)(B), in determining whether an indi18 vidual would be entitled to receive paid leave under 

19 the Emergency Family and Medical Leave Act— 

20 (A) section 110(a)(2)(A) of the Family and 

21 Medical Leave Act of 1993 shall be applied by 

22 inserting ‘‘or any reason for leave described in 

23 section 5102(a) of the Families First 

24 Coronavirus Response Act, or the employee is 

25 seeking or awaiting the results of a diagnostic 


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1 test for, or a medical diagnosis of, COVID-19 

2 and such employee has been exposed to 

3 COVID-19 or is unable to work pending the re4 sults of such test or diagnosis, or the employee 

5 is obtaining immunization related to COVID– 

6 19 or recovering from any injury, disability, ill7 ness, or condition related to such immuniza8 tion’’ after ‘‘public health emergency’’, and 

9 (B) section 110(b) of such Act shall be ap10 plied— 

11 (i) without regard to paragraph (1) 

12 thereof, and 

13 (ii) by striking ‘‘after taking leave 

14 after such section for 10 days’’ in para15 graph (2)(A) thereof. 

16 (c) QUALIFIED FAMILY LEAVE EQUIVALENT

17 AMOUNT.—For purposes of this section— 

18 (1) IN GENERAL.—The term ‘‘qualified family 

19 leave equivalent amount’’ means, with respect to any 

20 eligible self-employed individual, an amount equal to 

21 the product of— 

22 (A) the number of days (not to exceed 60) 

23 during the taxable year that the individual is 

24 unable to perform services in any trade or busi25 ness referred to in section 1402 of the Internal 


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1 Revenue Code of 1986 for a reason with respect 

2 to which such individual would be entitled to re3 ceive paid leave as described in subsection (b) 

4 of this section, multiplied by 

5 (B) the lesser of— 

6 (i) 67 percent of the average daily 

7 self-employment income of the individual 

8 for the taxable year, or 

9 (ii) $200. 

10 (2) AVERAGE DAILY SELF-EMPLOYMENT IN11 COME.—For purposes of this subsection, the term 

12 ‘‘average daily self-employment income’’ means an 

13 amount equal to— 

14 (A) the net earnings from self-employment 

15 income of the individual for the taxable year, 

16 divided by 

17 (B) 260. 

18 (3) ELECTION TO USE PRIOR YEAR NET EARN19 INGS FROM SELF-EMPLOYMENT INCOME.—In the 

20 case of an individual who elects (at such time and 

21 in such manner as the Secretary may provide) the 

22 application of this paragraph, paragraph (2)(A) shall 

23 be applied by substituting ‘‘the prior taxable year’’ 

24 for ‘‘the taxable year’’. 


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1 (4) COORDINATION WITH CREDIT FOR SICK

2 LEAVE.—Any day taken into account in determining 

3 the qualified sick leave equivalent amount with re4 spect to any eligible-self employed individual under 

5 section 9642 shall not be take into account in deter6 mining the qualified family leave equivalent amount 

7 with respect to such individual under this section. 

8 (d) CREDIT REFUNDABLE.— 

9 (1) IN GENERAL.—The credit determined under 

10 this section shall be treated as a credit allowed to 

11 the taxpayer under subpart C of part IV of sub12 chapter A of chapter 1 of such Code. 

13 (2) TREATMENT OF PAYMENTS.—For purposes 

14 of section 1324 of title 31, United States Code, any 

15 refund due from the credit determined under this 

16 section shall be treated in the same manner as a re17 fund due from a credit provision referred to in sub18 section (b)(2) of such section. 

19 (e) SPECIAL RULES.— 

20 (1) DOCUMENTATION.—No credit shall be al21 lowed under this section unless the individual main22 tains such documentation as the Secretary may pre23 scribe to establish such individual as an eligible self24 employed individual. 


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1 (2) DENIAL OF DOUBLE BENEFIT.—In the case 

2 of an individual who receives wages (as defined in 

3 section 3121(a) of the Internal Revenue Code of 

4 1986) or compensation (as defined in section 

5 3231(e) of such Code) paid by an employer which 

6 are required to be paid by reason of the Emergency 

7 Family and Medical Leave Expansion Act, the quali8 fied family leave equivalent amount otherwise de9 scribed in subsection (c) of this section shall be re10 duced (but not below zero) to the extent that the 

11 sum of the amount described in such subsection and 

12 in section 3132(b)(1) of such Code exceeds $12,000. 

13 (3) REFERENCES TO EMERGENCY FAMILY AND

14 MEDICAL LEAVE EXPANSION ACT.—Any reference in 

15 this section to the Emergency Family and Medical 

16 Leave Expansion Act shall be treated as including a 

17 reference to the amendments made by such Act. 

18 (f) APPLICATION OF SECTION.—Only days occurring 

19 during the period beginning on April 1, 2021 and ending 

20 on September 30, 2021, may be taken into account under 

21 subsection (c)(1)(A). 

22 (g) APPLICATION OF CREDIT IN CERTAIN POSSES23 SIONS.— 

24 (1) PAYMENTS TO POSSESSIONS WITH MIRROR

25 CODE TAX SYSTEMS.—The Secretary shall pay to 


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1 each possession of the United States which has a 

2 mirror code tax system amounts equal to the loss (if 

3 any) to that possession by reason of the application 

4 of the provisions of this section. Such amounts shall 

5 be determined by the Secretary based on information 

6 provided by the government of the respective posses7 sion. 

8 (2) PAYMENTS TO OTHER POSSESSIONS.—The 

9 Secretary shall pay to each possession of the United 

10 States which does not have a mirror code tax system 

11 amounts estimated by the Secretary as being equal 

12 to the aggregate benefits (if any) that would have 

13 been provided to residents of such possession by rea14 son of the provisions of this section if a mirror code 

15 tax system had been in effect in such possession. 

16 The preceding sentence shall not apply unless the re17 spective possession has a plan, which has been ap18 proved by the Secretary, under which such posses19 sion will promptly distribute such payments to its 

20 residents. 

21 (3) MIRROR CODE TAX SYSTEM.—For purposes 

22 of this section, the term ‘‘mirror code tax system’’ 

23 means, with respect to any possession of the United 

24 States, the income tax system of such possession if 

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1 session under such system is determined by ref2 erence to the income tax laws of the United States 

3 as if such possession were the United States. 

4 (4) TREATMENT OF PAYMENTS.—For purposes 

5 of section 1324 of title 31, United States Code, the 

6 payments under this subsection shall be treated in 

7 the same manner as a refund due from a credit pro8 vision referred to in subsection (b)(2) of such sec9 tion. 

10 (h) REGULATIONS.—The Secretary shall prescribe 

11 such regulations or other guidance as may be necessary 

12 to carry out the purposes of this section, including— 

13 (1) regulations or other guidance to prevent the 

14 avoidance of the purposes of this section, and 

15 (2) regulations or other guidance to minimize 

16 compliance and record-keeping burdens under this 

17 section. 

18 PART 6—EMPLOYEE RETENTION CREDIT 

19 SEC. 9651. EXTENSION OF EMPLOYEE RETENTION CREDIT. 

20 (a) IN GENERAL.—Subchapter D of chapter 21 of 

21 subtitle C of the Internal Revenue Code of 1986, as added 

22 by section 9641, is amended by adding at the end the fol23 lowing: 


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1 ‘‘SEC. 3134. EMPLOYEE RETENTION CREDIT FOR EMPLOY2 ERS SUBJECT TO CLOSURE DUE TO COVID–19. 

3 ‘‘(a) IN GENERAL.—In the case of an eligible em4 ployer, there shall be allowed as a credit against applicable 

5 employment taxes for each calendar quarter an amount 

6 equal to 70 percent of the qualified wages with respect 

7 to each employee of such employer for such calendar quar8 ter. 

9 ‘‘(b) LIMITATIONS AND REFUNDABILITY.— 

10 ‘‘(1) WAGES TAKEN INTO ACCOUNT.—The 

11 amount of qualified wages with respect to any em12 ployee which may be taken into account under sub13 section (a) by the eligible employer for any calendar 

14 quarter shall not exceed $10,000. 

15 ‘‘(2) CREDIT LIMITED TO EMPLOYMENT

16 TAXES.—The credit allowed by subsection (a) with 

17 respect to any calendar quarter shall not exceed the 

18 applicable employment taxes (reduced by any credits 

19 allowed under sections 3131 and 3132) on the wages 

20 paid with respect to the employment of all the em21 ployees of the eligible employer for such calendar 

22 quarter. 

23 ‘‘(3) REFUNDABILITY OF EXCESS CREDIT.—If 

24 the amount of the credit under subsection (a) ex25 ceeds the limitation of paragraph (2) for any cal26 endar quarter, such excess shall be treated as an 


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1 overpayment that shall be refunded under sections 

2 6402(a) and 6413(b). 

3 ‘‘(c) DEFINITIONS.—For purposes of this section— 

4 ‘‘(1) APPLICABLE EMPLOYMENT TAXES.—The 

5 term ‘applicable employment taxes’ means the fol6 lowing: 

7 ‘‘(A) The taxes imposed under section 

8 3111(b). 

9 ‘‘(B) So much of the taxes imposed under 

10 section 3221(a) as are attributable to the rate 

11 in effect under section 3111(b). 

12 ‘‘(2) ELIGIBLE EMPLOYER.— 

13 ‘‘(A) IN GENERAL.—The term ‘eligible em14 ployer’ means any employer— 

15 ‘‘(i) which was carrying on a trade or 

16 business during the calendar quarter for 

17 which the credit is determined under sub18 section (a), and 

19 ‘‘(ii) with respect to any calendar 

20 quarter, for which— 

21 ‘‘(I) the operation of the trade or 

22 business described in clause (i) is fully 

23 or partially suspended during the cal24 endar quarter due to orders from an 

25 appropriate governmental authority 


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1 limiting commerce, travel, or group 

2 meetings (for commercial, social, reli3 gious, or other purposes) due to the 

4 coronavirus disease 2019 (COVID– 

5 19), or 

6 ‘‘(II) the gross receipts (within 

7 the meaning of section 448(c)) of such 

8 employer for such calendar quarter 

9 are less than 80 percent of the gross 

10 receipts of such employer for the same 

11 calendar quarter in calendar year 

12 2019. 

13 With respect to any employer for any cal14 endar quarter, if such employer was not in 

15 existence as of the beginning of the same 

16 calendar quarter in calendar year 2019, 

17 clause (ii)(II) shall be applied by sub18 stituting ‘2020’ for ‘2019’. 

19 ‘‘(B) ELECTION TO USE ALTERNATIVE

20 QUARTER.—At the election of the employer— 

21 ‘‘(i) subparagraph (A)(ii)(II) shall be 

22 applied— 

23 ‘‘(I) by substituting ‘for the im24 mediately preceding calendar quarter’ 

25 for ‘for such calendar quarter’, and 


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1 ‘‘(II) by substituting ‘the cor2 responding calendar quarter in cal3 endar year 2019’ for ‘the same cal4 endar quarter in calendar year 2019’, 

5 and 

6 ‘‘(ii) the last sentence of subpara7 graph (A) shall be applied by substituting 

8 ‘the corresponding calendar quarter in cal9 endar year 2019’ for ‘the same calendar 

10 quarter in calendar year 2019’. 

11 An election under this subparagraph shall be 

12 made at such time and in such manner as the 

13 Secretary shall prescribe. 

14 ‘‘(C) TAX-EXEMPT ORGANIZATIONS.—In 

15 the case of an organization which is described 

16 in section 501(c) and exempt from tax under 

17 section 501(a)— 

18 ‘‘(i) clauses (i) and (ii)(I) of subpara19 graph (A) shall apply to all operations of 

20 such organization, and 

21 ‘‘(ii) any reference in this section to 

22 gross receipts shall be treated as a ref23 erence to gross receipts within the meaning 

24 of section 6033. 

25 ‘‘(3) QUALIFIED WAGES.— 


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1 ‘‘(A) IN GENERAL.—The term ‘qualified 

2 wages’ means— 

3 ‘‘(i) in the case of an eligible employer 

4 for which the average number of full-time 

5 employees (within the meaning of section 

6 4980H) employed by such eligible employer 

7 during 2019 was greater than 500, wages 

8 paid by such eligible employer with respect 

9 to which an employee is not providing serv10 ices due to circumstances described in sub11 clause (I) or (II) of paragraph (2)(A)(ii), 

12 or 

13 ‘‘(ii) in the case of an eligible em14 ployer for which the average number of 

15 full-time employees (within the meaning of 

16 section 4980H) employed by such eligible 

17 employer during 2019 was not greater 

18 than 500— 

19 ‘‘(I) with respect to an eligible 

20 employer described in subclause (I) of 

21 paragraph (2)(A)(ii), wages paid by 

22 such eligible employer with respect to 

23 an employee during any period de24 scribed in such clause, or 


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1 ‘‘(II) with respect to an eligible 

2 employer described in subclause (II) 

3 of such paragraph, wages paid by 

4 such eligible employer with respect to 

5 an employee during such quarter. 

6 ‘‘(B) EXCEPTION.—The term ‘qualified 

7 wages’ shall not include any wages taken into 

8 account under sections 41, 45A, 45P, 45S, 51, 

9 1396, 3131, and 3132. 

10 ‘‘(4) WAGES.— 

11 ‘‘(A) IN GENERAL.—The term ‘wages’ 

12 means wages (as defined in section 3121(a)) 

13 and compensation (as defined in section 

14 3231(e)). For purposes of the preceding sen15 tence, in the case of any organization or entity 

16 described in subsection (f)(2), wages as defined 

17 in section 3121(a) shall be determined without 

18 regard to paragraphs (5), (6), (7), (10), and 

19 (13) of section 3121(b) (except with respect to 

20 services performed in a penal institution by an 

21 inmate thereof). 

22 ‘‘(B) ALLOWANCE FOR CERTAIN HEALTH

23 PLAN EXPENSES.— 

24 ‘‘(i) IN GENERAL.—Such term shall 

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1 ployer to provide and maintain a group 

2 health plan (as defined in section 

3 5000(b)(1)), but only to the extent that 

4 such amounts are excluded from the gross 

5 income of employees by reason of section 

6 106(a). 

7 ‘‘(ii) ALLOCATION RULES.—For pur8 poses of this section, amounts treated as 

9 wages under clause (i) shall be treated as 

10 paid with respect to any employee (and 

11 with respect to any period) to the extent 

12 that such amounts are properly allocable to 

13 such employee (and to such period) in such 

14 manner as the Secretary may prescribe. 

15 Except as otherwise provided by the Sec16 retary, such allocation shall be treated as 

17 properly made if made on the basis of 

18 being pro rata among periods of coverage. 

19 ‘‘(5) OTHER TERMS.—Any term used in this 

20 section which is also used in this chapter or chapter 

21 22 shall have the same meaning as when used in 

22 such chapter. 

23 ‘‘(d) AGGREGATION RULE.—All persons treated as a 

24 single employer under subsection (a) or (b) of section 52, 


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1 or subsection (m) or (o) of section 414, shall be treated 

2 as one employer for purposes of this section. 

3 ‘‘(e) CERTAIN RULES TO APPLY.—For purposes of 

4 this section, rules similar to the rules of sections 51(i)(1) 

5 and 280C(a) shall apply. 

6 ‘‘(f) CERTAIN GOVERNMENTAL EMPLOYERS.— 

7 ‘‘(1) IN GENERAL.—This credit shall not apply 

8 to the Government of the United States, the govern9 ment of any State or political subdivision thereof, or 

10 any agency or instrumentality of any of the fore11 going. 

12 ‘‘(2) EXCEPTION.—Paragraph (1) shall not 

13 apply to— 

14 ‘‘(A) any organization described in section 

15 501(c)(1) and exempt from tax under section 

16 501(a), or 

17 ‘‘(B) any entity described in paragraph (1) 

18 if— 

19 ‘‘(i) such entity is a college or univer20 sity, or 

21 ‘‘(ii) the principal purpose or function 

22 of such entity is providing medical or hos23 pital care. 

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1 fying the requirements of subsection 

2 (c)(2)(A)(i). 

3 ‘‘(g) ELECTION TO NOT TAKE CERTAIN WAGES INTO

4 ACCOUNT.— 

5 ‘‘(1) IN GENERAL.—This section shall not apply 

6 to so much of the qualified wages paid by an eligible 

7 employer as such employer elects (at such time and 

8 in such manner as the Secretary may prescribe) to 

9 not take into account for purposes of this section. 

10 ‘‘(2) APPLICATION WHERE CERTAIN LOANS NOT

11 FORGIVEN.—The Secretary shall issue guidance pro12 viding that payroll costs paid during the covered pe13 riod shall not fail to be treated as qualified wages 

14 under this section by reason of paragraph (1) to the 

15 extent that— 

16 ‘‘(A) a covered loan of the taxpayer under 

17 section 7(a)(37) of the Small Business Act is 

18 not forgiven by reason of a decision under sec19 tion 7(a)(37)(J) of such Act, or 

20 ‘‘(B) a covered loan of the taxpayer under 

21 section 7A of the Small Business Act is not for22 given by reason of a decision under section 

23 7A(g) of such Act. 


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1 ‘‘(h) THIRD PARTY PAYORS.—Any credit allowed 

2 under this section shall be treated as a credit described 

3 in section 3511(d)(2). 

4 ‘‘(i) ADVANCE PAYMENTS.— 

5 ‘‘(1) IN GENERAL.—Except as provided in para6 graph (2), no advance payment of the credit under 

7 subsection (a) shall be allowed. 

8 ‘‘(2) ADVANCE PAYMENTS TO SMALL EMPLOY9 ERS.— 

10 ‘‘(A) IN GENERAL.—Under rules provided 

11 by the Secretary, an eligible employer for which 

12 the average number of full-time employees 

13 (within the meaning of section 4980H) em14 ployed by such eligible employer during 2019 

15 was not greater than 500 may elect for any cal16 endar quarter to receive an advance payment of 

17 the credit under subsection (a) for such quarter 

18 in an amount not to exceed 70 percent of the 

19 average quarterly wages paid by the employer 

20 in calendar year 2019. 

21 ‘‘(B) SPECIAL RULE FOR SEASONAL EM22 PLOYERS.—In the case of any employer who 

23 employs seasonal workers (as defined in section 

24 45R(d)(5)(B)), the employer may elect to sub25 stitute ‘the wages for the calendar quarter in 


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1 2019 which corresponds to the calendar quarter 

2 to which the election relates’ for ‘the average 

3 quarterly wages paid by the employer in cal4 endar year 2019’. 

5 ‘‘(C) SPECIAL RULE FOR EMPLOYERS NOT

6 IN EXISTENCE IN 2019.—In the case of any em7 ployer that was not in existence in 2019, sub8 paragraphs (A) and (B) shall each be applied 

9 by substituting ‘2020’ for ‘2019’ each place it 

10 appears. 

11 ‘‘(3) RECONCILIATION OF CREDIT WITH AD12 VANCE PAYMENTS.— 

13 ‘‘(A) IN GENERAL.—The amount of credit 

14 which would (but for this subsection) be allowed 

15 under this section shall be reduced (but not 

16 below zero) by the aggregate payment allowed 

17 to the taxpayer under paragraph (2). Any fail18 ure to so reduce the credit shall be treated as 

19 arising out of a mathematical or clerical error 

20 and assessed according to section 6213(b)(1). 

21 ‘‘(B) EXCESS ADVANCE PAYMENTS.—If the 

22 advance payments to a taxpayer under para23 graph (2) for a calendar quarter exceed the 

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1 posed under section 3111(b) or so much of the 

2 tax imposed under section 3221(a) as is attrib3 utable to the rate in effect under section 

4 3111(b) (whichever is applicable) for the cal5 endar quarter shall be increased by the amount 

6 of such excess. 

7 ‘‘(j) TREATMENT OF DEPOSITS.—The Secretary shall 

8 waive any penalty under section 6656 for any failure to 

9 make a deposit of any applicable employment taxes if the 

10 Secretary determines that such failure was due to the rea11 sonable anticipation of the credit allowed under this sec12 tion. 

13 ‘‘(k) EXTENSION OF LIMITATION ON ASSESSMENT.— 

14 Notwithstanding section 6501, the limitation on the time 

15 period for the assessment of any amount attributable to 

16 a credit claimed under this section shall not expire before 

17 the date that is 5 years after the later of— 

18 ‘‘(1) the date on which the original return 

19 which includes the calendar quarter with respect to 

20 which such credit is determined is filed, or 

21 ‘‘(2) the date on which such return is treated 

22 as filed under section 6501(b)(2). 

23 ‘‘(l) REGULATIONS AND GUIDANCE.—The Secretary 

24 shall issue such forms, instructions, regulations, and guid25 ance as are necessary— 


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1 ‘‘(1) to allow the advance payment of the credit 

2 under subsection (a) as provided in subsection (i)(2), 

3 subject to the limitations provided in this section, 

4 based on such information as the Secretary shall re5 quire, 

6 ‘‘(2) with respect to the application of the cred7 it under subsection (a) to third party payors (includ8 ing professional employer organizations, certified 

9 professional employer organizations, or agents under 

10 section 3504), including regulations or guidance al11 lowing such payors to submit documentation nec12 essary to substantiate the eligible employer status of 

13 employers that use such payors, and 

14 ‘‘(3) to prevent the avoidance of the purposes of 

15 the limitations under this section, including through 

16 the leaseback of employees. 

17 Any forms, instructions, regulations, or guidance de18 scribed in paragraph (2) shall require the customer to be 

19 responsible for the accounting of the credit and for any 

20 liability for improperly claimed credits and shall require 

21 the certified professional employer organization or other 

22 third party payor to accurately report such tax credits 

23 based on the information provided by the customer. 


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1 ‘‘(m) APPLICATION.—This section shall only apply to 

2 wages paid after June 30, 2021, and before January 1, 

3 2022.’’. 

4 (b) REFUNDS.—Paragraph (2) of section 1324(b) of 

5 title 31, United States Code, is amended by inserting 

6 ‘‘3134,’’ before ‘‘6428’’. 

7 (c) CLERICAL AMENDMENT.—The table of sections 

8 for subchapter D of chapter 21 of subtitle C of the Inter9 nal Revenue Code of 1986 is amended by adding at the 

10 end the following: 

‘‘Sec. 3134. Employee retention credit for employers subject to closure due to 

COVID–19.’’. 

11 (d) EFFECTIVE DATE.—The amendments made by 

12 this section shall apply to calendar quarters beginning 

13 after June 30, 2021. 

14 PART 7—PREMIUM TAX CREDIT 

15 SEC. 9661. IMPROVING AFFORDABILITY BY EXPANDING 

16 PREMIUM ASSISTANCE FOR CONSUMERS. 

17 (a) IN GENERAL.—Section 36B(b)(3)(A) of the In18 ternal Revenue Code of 1986 is amended by adding at the 

19 end the following new clause: 

20 ‘‘(iii) TEMPORARY PERCENTAGES FOR

21 2021 AND 2022.—In the case of a taxable 

22 year beginning in 2021 or 2022— 

23 ‘‘(I) clause (ii) shall not apply for 

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1 centages under this subparagraph, 

2 and 

3 ‘‘(II) the following table shall be 

4 applied in lieu of the table contained 

5 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’’. 

6 (b) CONFORMING AMENDMENT.—Section 36B(c)(1) 

7 of the Internal Revenue Code of 1986 is amended by add8 ing at the end the following new subparagraph: 

9 ‘‘(E) TEMPORARY RULE FOR 2021 AND

10 2022.—In the case of a taxable year beginning 

11 in 2021 or 2022, subparagraph (A) shall be ap12 plied without regard to ‘but does not exceed 

13 400 percent’.’’. 

14 (c) EFFECTIVE DATE.—The amendments made by 

15 this section shall apply to taxable years beginning after 

16 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 SEC. 9674. MODIFICATION OF EXCEPTIONS FOR REPORT4 ING OF THIRD PARTY NETWORK TRANS5 ACTIONS. 

6 (a) IN GENERAL.—Section 6050W(e) of the Internal 

7 Revenue Code of 1986 is amended to read as follows: 

8 ‘‘(e) DE MINIMIS EXCEPTION FOR THIRD PARTY

9 SETTLEMENT ORGANIZATIONS.—A third party settlement 

10 organization shall not be required to report any informa11 tion under subsection (a) with respect to third party net12 work transactions of any participating payee if the amount 

13 which would otherwise be reported under subsection (a)(2) 

14 with respect to such transactions does not exceed $600.’’. 

15 (b) CLARIFICATION THAT REPORTING IS NOT RE16 QUIRED ON TRANSACTIONS WHICH ARE NOT FOR GOODS

17 OR SERVICES.—Section 6050W(c)(3) of such Code is 

18 amended by inserting ‘‘described in subsection 

19 (d)(3)(A)(iii)’’ after ‘‘any transaction’’. 

20 (c) EFFECTIVE DATE.— 

21 (1) IN GENERAL.—The amendment made by 

22 subsection (a) shall apply to returns for calendar 

23 years beginning after December 31, 2021. 


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1 (2) CLARIFICATION.—The amendment made by 

2 subsection (b) shall apply to transactions after the 

3 date of the enactment of this Act. 

4 Subtitle H—Pensions 

5 SEC. 9701. TEMPORARY DELAY OF DESIGNATION OF MULTI6 EMPLOYER PLANS AS IN ENDANGERED, CRIT7 ICAL, OR CRITICAL AND DECLINING STATUS. 

8 (a) IN GENERAL.—Notwithstanding the actuarial 

9 certification under section 305(b)(3) of the Employee Re10 tirement Income Security Act of 1974 and section 

11 432(b)(3) of the Internal Revenue Code of 1986, if a plan 

12 sponsor of a multiemployer plan elects the application of 

13 this section, then, for purposes of section 305 of such Act 

14 and section 432 of such Code— 

15 (1) the status of the plan for its first plan year 

16 beginning during the period beginning on March 1, 

17 2020, and ending on February 28, 2021, or the next 

18 succeeding plan year (as designated by the plan 

19 sponsor in such election), shall be the same as the 

20 status of such plan under such sections for the plan 

21 year preceding such designated plan year, and 

22 (2) in the case of a plan which was in endan23 gered or critical status for the plan year preceding 

24 the designated plan year described in paragraph (1), 

25 the plan shall not be required to update its plan or 


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1 schedules under section 305(c)(6) of such Act and 

2 section 432(c)(6) of such Code, or section 

3 305(e)(3)(B) of such Act and section 432(e)(3)(B) 

4 of such Code, whichever is applicable, until the plan 

5 year following the designated plan year described in 

6 paragraph (1). 

7 (b) EXCEPTION FOR PLANS BECOMING CRITICAL

8 DURING ELECTION.—If— 

9 (1) an election was made under subsection (a) 

10 with respect to a multiemployer plan, and 

11 (2) such plan has, without regard to such elec12 tion, been certified by the plan actuary under section 

13 305(b)(3) of the Employee Retirement Income Secu14 rity Act of 1974 and section 432(b)(3) of the Inter15 nal Revenue Code of 1986 to be in critical status for 

16 the designated plan year described in subsection 

17 (a)(1), then such plan shall be treated as a plan in 

18 critical status for such plan year for purposes of ap19 plying section 4971(g)(1)(A) of such Code, section 

20 302(b)(3) of such Act (without regard to the second 

21 sentence thereof), and section 412(b)(3) of such 

22 Code (without regard to the second sentence there23 of). 

24 (c) ELECTION AND NOTICE.— 


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1 (1) ELECTION.—An election under subsection 

2 (a)— 

3 (A) shall be made at such time and in such 

4 manner as the Secretary of the Treasury or the 

5 Secretary’s delegate may prescribe and, once 

6 made, may be revoked only with the consent of 

7 the Secretary, and 

8 (B) if made— 

9 (i) before the date the annual certifi10 cation is submitted to the Secretary or the 

11 Secretary’s delegate under section 

12 305(b)(3) of such Act and section 

13 432(b)(3) of such Code, shall be included 

14 with such annual certification, and 

15 (ii) after such date, shall be submitted 

16 to the Secretary or the Secretary’s delegate 

17 not later than 30 days after the date of the 

18 election. 

19 (2) NOTICE TO PARTICIPANTS.— 

20 (A) IN GENERAL.—Notwithstanding sec21 tion 305(b)(3)(D) of the Employee Retirement 

22 Income Security Act of 1974 and section 

23 432(b)(3)(D) of the Internal Revenue Code of 

24 1986, if, by reason of an election made under 


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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, the plan’s funding 

23 improvement period or rehabilitation period, whichever is 

24 applicable, shall be extended by 5 years. 


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1 (b) DEFINITIONS AND SPECIAL RULES.—For pur2 poses of this section— 

3 (1) ELECTION.—An election under this section 

4 shall be made at such time, and in such manner and 

5 form, as (in consultation with the Secretary of 

6 Labor) the Secretary of the Treasury or the Sec7 retary’s delegate may prescribe. 

8 (2) DEFINITIONS.—Any term which is used in 

9 this section which is also used in section 305 of the 

10 Employee Retirement Income Security Act of 1974 

11 and section 432 of the Internal Revenue Code of 

12 1986 shall have the same meaning as when used in 

13 such sections. 

14 (c) EFFECTIVE DATE.—This section shall apply to 

15 plan years beginning after December 31, 2019. 

16 SEC. 9703. ADJUSTMENTS TO FUNDING STANDARD AC17 COUNT RULES. 

18 (a) ADJUSTMENTS.— 

19 (1) AMENDMENT TO EMPLOYEE RETIREMENT

20 INCOME SECURITY ACT OF 1974.—Section 304(b)(8) 

21 of the Employee Retirement Income Security Act of 

22 1974 (29 U.S.C. 1084(b)) is amended by adding at 

23 the end the following new subparagraph: 

24 ‘‘(F) RELIEF FOR 2020 AND 2021.—A mul25 tiemployer plan with respect to which the solVerDate Sep 11 2014 23:55 Mar 02, 2021 Jkt 019200 PO 00000 Frm 00564 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.PCS H1319

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1 vency test under subparagraph (C) is met as of 

2 February 29, 2020, may elect to apply this 

3 paragraph (without regard to whether such plan 

4 previously elected the application of this para5 graph)— 

6 ‘‘(i) by substituting ‘February 29, 

7 2020’ for ‘August 31, 2008’ each place it 

8 appears in subparagraphs (A)(i), (B)(i)(I), 

9 and (B)(i)(II), 

10 ‘‘(ii) by inserting ‘and other losses re11 lated to the virus SARS–CoV–2 or 

12 coronavirus disease 2019 (COVID–19) (in13 cluding experience losses related to reduc14 tions in contributions, reductions in em15 ployment, and deviations from anticipated 

16 retirement rates, as determined by the plan 

17 sponsor)’ after ‘net investment losses’ in 

18 subparagraph (A)(i), and 

19 ‘‘(iii) by substituting ‘this subpara20 graph or subparagraph (A)’ for ‘this sub21 paragraph and subparagraph (A) both’ in 

22 subparagraph (B)(iii). 

23 The preceding sentence shall not apply to a 

24 plan to which special financial assistance is 

25 granted under section 4262. For purposes of 


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1 the application of this subparagraph, the Sec2 retary of the Treasury shall rely on the plan 

3 sponsor’s calculations of plan losses unless such 

4 calculations are clearly erroneous.’’. 

5 (2) AMENDMENT TO INTERNAL REVENUE CODE

6 OF 1986.—Section 431(b)(8) of the Internal Revenue 

7 Code of 1986 is amended by adding at the end the 

8 following new subparagraph: 

9 ‘‘(F) RELIEF FOR 2020 AND 2021.—A mul10 tiemployer plan with respect to which the sol11 vency test under subparagraph (C) is met as of 

12 February 29, 2020, may elect to apply this 

13 paragraph (without regard to whether such plan 

14 previously elected the application of this para15 graph)— 

16 ‘‘(i) by substituting ‘February 29, 

17 2020’ for ‘August 31, 2008’ each place it 

18 appears in subparagraphs (A)(i), (B)(i)(I), 

19 and (B)(i)(II), 

20 ‘‘(ii) by inserting ‘and other losses re21 lated to the virus SARS–CoV–2 or 

22 coronavirus disease 2019 (COVID–19) (in23 cluding experience losses related to reduc24 tions in contributions, reductions in em25 ployment, and deviations from anticipated 


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1 retirement rates, as determined by the plan 

2 sponsor)’ after ‘net investment losses’ in 

3 subparagraph (A)(i), and 

4 ‘‘(iii) by substituting ‘this subpara5 graph or subparagraph (A)’ for ‘this sub6 paragraph and subparagraph (A) both’ in 

7 subparagraph (B)(iii). 

8 The preceding sentence shall not apply to a 

9 plan to which special financial assistance is 

10 granted under section 4262 of the Employee 

11 Retirement Income Security Act of 1974. For 

12 purposes of the application of this subpara13 graph, the Secretary shall rely on the plan 

14 sponsor’s calculations of plan losses unless such 

15 calculations are clearly erroneous.’’. 

16 (b) EFFECTIVE DATES.— 

17 (1) IN GENERAL.—The amendments made by 

18 this section shall take effect as of the first day of 

19 the first plan year ending on or after February 29, 

20 2020, except that any election a plan makes pursu21 ant to this section that affects the plan’s funding 

22 standard account for the first plan year beginning 

23 after February 29, 2020, shall be disregarded for 

24 purposes of applying the provisions of section 305 of 

25 the Employee Retirement Income Security Act of 


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1 1974 and section 432 of the Internal Revenue Code 

2 of 1986 to such plan year. 

3 (2) RESTRICTIONS ON BENEFIT INCREASES.— 

4 Notwithstanding paragraph (1), the restrictions on 

5 plan amendments increasing benefits in sections 

6 304(b)(8)(D) of such Act and 431(b)(8)(D) of such 

7 Code, as applied by the amendments made by this 

8 section, shall take effect on the date of enactment of 

9 this Act. 

10 SEC. 9704. SPECIAL FINANCIAL ASSISTANCE PROGRAM FOR 

11 FINANCIALLY TROUBLED MULTIEMPLOYER 

12 PLANS. 

13 (a) APPROPRIATION.—Section 4005 of the Employee 

14 Retirement Income Security Act of 1974 (29 U.S.C. 1305) 

15 is amended by adding at the end the following: 

16 ‘‘(i)(1) An eighth fund shall be established for special 

17 financial assistance to multiemployer pension plans, as 

18 provided under section 4262, and to pay for necessary ad19 ministrative and operating expenses of the corporation re20 lating to such assistance. 

21 ‘‘(2) There is appropriated from the general fund 

22 such amounts as are necessary for the costs of providing 

23 financial assistance under section 4262 and necessary ad24 ministrative and operating expenses of the corporation. 

25 The eighth fund established under this subsection shall be 


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1 credited with amounts from time to time as the Secretary 

2 of the Treasury, in conjunction with the Director of the 

3 Pension Benefit Guaranty Corporation, determines appro4 priate, from the general fund of the Treasury, but in no 

5 case shall such transfers occur after September 30, 

6 2030.’’. 

7 (b) FINANCIAL ASSISTANCE AUTHORITY.—The Em8 ployee Retirement Income Security Act of 1974 is amend9 ed by inserting after section 4261 of such Act (29 U.S.C. 

10 1431) the following: 

11 ‘‘SEC. 4262. SPECIAL FINANCIAL ASSISTANCE BY THE COR12 PORATION. 

13 ‘‘(a) SPECIAL FINANCIAL ASSISTANCE.— 

14 ‘‘(1) IN GENERAL.—The corporation shall pro15 vide special financial assistance to an eligible multi16 employer plan under this section, upon the applica17 tion of a plan sponsor of such a plan for such assist18 ance. 

19 ‘‘(2) INAPPLICABILITY OF CERTAIN REPAYMENT

20 OBLIGATION.—A plan receiving special financial as21 sistance pursuant to this section shall not be subject 

22 to repayment obligations with respect to such special 

23 financial assistance. 

24 ‘‘(b) ELIGIBLE MULTIEMPLOYER PLANS.— 


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1 ‘‘(1) IN GENERAL.—For purposes of this sec2 tion, a multiemployer plan is an eligible multiem3 ployer plan if— 

4 ‘‘(A) the plan is in critical and declining 

5 status (within the meaning of section 

6 305(b)(6)) in any plan year beginning in 2020 

7 through 2022; 

8 ‘‘(B) a suspension of benefits has been ap9 proved with respect to the plan under section 

10 305(e)(9) as of the date of the enactment of 

11 this section; 

12 ‘‘(C) in any plan year beginning in 2020 

13 through 2022, the plan is certified by the plan 

14 actuary to be in critical status (within the 

15 meaning of section 305(b)(2)), has a modified 

16 funded percentage of less than 40 percent, and 

17 has a ratio of active to inactive participants 

18 which is less than 2 to 3; or 

19 ‘‘(D) the plan became insolvent for pur20 poses of section 418E of the Internal Revenue 

21 Code of 1986 after December 16, 2014, and 

22 has remained so insolvent and has not been ter23 minated as of the date of enactment of this sec24 tion. 


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1 ‘‘(2) MODIFIED FUNDED PERCENTAGE.—For 

2 purposes of paragraph (1)(C), the term ‘modified 

3 funded percentage’ means the percentage equal to a 

4 fraction the numerator of which is current value of 

5 plan assets (as defined in section 3(26) of such Act) 

6 and the denominator of which is current liabilities 

7 (as defined in section 431(c)(6)(D) of such Code and 

8 section 304(c)(6)(D) of such Act). 

9 ‘‘(c) APPLICATIONS FOR SPECIAL FINANCIAL ASSIST10 ANCE.—Within 120 days of the date of enactment of this 

11 section, the corporation shall issue regulations or guidance 

12 setting forth requirements for special financial assistance 

13 applications under this section. In such regulations or 

14 guidance, the corporation shall— 

15 ‘‘(1) limit the materials required for a special 

16 financial assistance application to the minimum nec17 essary to make a determination on the application; 

18 ‘‘(2) specify effective dates for transfers of spe19 cial financial assistance following approval of an ap20 plication, based on the effective date of the sup21 porting actuarial analysis and the date on which the 

22 application is submitted; and 

23 ‘‘(3) provide for an alternate application for 

24 special financial assistance under this section, which 

25 may be used by a plan that has been approved for 


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1 a partition under section 4233 before the date of en2 actment of this section. 

3 ‘‘(d) TEMPORARY PRIORITY CONSIDERATION OF AP4 PLICATIONS.— 

5 ‘‘(1) IN GENERAL.—The corporation may speci6 fy in regulations or guidance under subsection (c) 

7 that, during a period no longer than the first 2 

8 years following the date of enactment of this section, 

9 applications may not be filed by an eligible multiem10 ployer plan unless— 

11 ‘‘(A) the eligible multiemployer plan is in12 solvent or is likely to become insolvent within 5 

13 years of the date of enactment of this section; 

14 ‘‘(B) the corporation projects the eligible 

15 multiemployer plan to have a present value of 

16 financial assistance payments under section 

17 4261 that exceeds $1,000,000,000 if the special 

18 financial assistance is not ordered; 

19 ‘‘(C) the eligible multiemployer plan has 

20 implemented benefit suspensions under section 

21 305(e)(9) as of the date of the enactment of 

22 this section; or 

23 ‘‘(D) the corporation determines it appro24 priate based on other similar circumstances. 

25 ‘‘(e) ACTUARIAL ASSUMPTIONS.— 


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1 ‘‘(1) ELIGIBILITY.—For purposes of deter2 mining eligibility for special financial assistance, the 

3 corporation shall accept assumptions incorporated in 

4 a multiemployer plan’s determination that it is in 

5 critical status or critical and declining status (within 

6 the meaning of section 305(b)) for certifications of 

7 plan status completed before January 1, 2021, un8 less such assumptions are clearly erroneous. For cer9 tifications of plan status completed after December 

10 31, 2020, a plan shall determine whether it is in 

11 critical or critical and declining status for purposes 

12 of eligibility for special financial assistance by using 

13 the assumptions that the plan used in its most re14 cently completed certification of plan status before 

15 January 1, 2021, unless such assumptions (exclud16 ing the plan’s interest rate) are unreasonable. 

17 ‘‘(2) AMOUNT OF FINANCIAL ASSISTANCE.—In 

18 determining the amount of special financial assist19 ance in its application, an eligible multiemployer 

20 plan shall— 

21 ‘‘(A) use the interest rate used by the plan 

22 in its most recently completed certification of 

23 plan status before January 1, 2021, provided 

24 that such interest rate may not exceed the in25 terest rate limit; and 


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1 ‘‘(B) for other assumptions, use the as2 sumptions that the plan used in its most re3 cently completed certification of plan status be4 fore January 1, 2021, unless such assumptions 

5 are unreasonable. 

6 ‘‘(3) INTEREST RATE.—The interest rate limit 

7 for purposes of this subsection is the rate specified 

8 in section 303(h)(2)(C)(iii) (disregarding modifica9 tions made under clause (iv) of such section) for the 

10 month in which the application for special financial 

11 assistance is filed by the eligible multiemployer plan 

12 or the 3 preceding months, with such specified rate 

13 increased by 200 basis points. 

14 ‘‘(4) CHANGES IN ASSUMPTIONS.—If a plan de15 termines that use of one or more prior assumptions 

16 is unreasonable, the plan may propose in its applica17 tion to change such assumptions, provided that the 

18 plan discloses such changes in its application and 

19 describes why such assumptions are no longer rea20 sonable. The corporation shall accept such changed 

21 assumptions unless it determines the changes are 

22 unreasonable, individually or in the aggregate. The 

23 plan may not propose a change to the interest rate 

24 otherwise required under this subsection for eligi25 bility or financial assistance amount. 


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1 ‘‘(f) APPLICATION DEADLINE.—Any application by a 

2 plan for special financial assistance under this section 

3 shall be submitted to the corporation (and, in the case of 

4 a plan to which section 432(k)(1)(D) of the Internal Rev5 enue Code of 1986 applies, to the Secretary of the Treas6 ury) no later than December 31, 2025, and any revised 

7 application for special financial assistance shall be sub8 mitted no later than December 31, 2026. 

9 ‘‘(g) DETERMINATIONS ON APPLICATIONS.—A plan’s 

10 application for special financial assistance under this sec11 tion that is timely filed in accordance with the regulations 

12 or guidance issued under subsection (c) shall be deemed 

13 approved unless the corporation notifies the plan within 

14 120 days of the filing of the application that the applica15 tion is incomplete, any proposed change or assumption is 

16 unreasonable, or the plan is not eligible under this section. 

17 Such notice shall specify the reasons the plan is ineligible 

18 for special financial assistance, any proposed change or 

19 assumption is unreasonable, or information is needed to 

20 complete the application. If a plan is denied assistance 

21 under this subsection, the plan may submit a revised ap22 plication under this section. Any revised application for 

23 special financial assistance submitted by a plan shall be 

24 deemed approved unless the corporation notifies the plan 

25 within 120 days of the filing of the revised application that 


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1 the application is incomplete, any proposed change or as2 sumption is unreasonable, or the plan is not eligible under 

3 this section. Special financial assistance issued by the cor4 poration shall be effective on a date determined by the 

5 corporation, but no later than 1 year after a plan’s special 

6 financial assistance application is approved by the cor7 poration or deemed approved. The corporation shall not 

8 pay any special financial assistance after September 30, 

9 2030. 

10 ‘‘(h) MANNER OF PAYMENT.—The payment made by 

11 the corporation to an eligible multiemployer plan under 

12 this section shall be made as a single, lump sum payment. 

13 ‘‘(i) AMOUNT AND MANNER OF SPECIAL FINANCIAL

14 ASSISTANCE.— 

15 ‘‘(1) IN GENERAL.—Special financial assistance 

16 under this section shall be a transfer of funds in the 

17 amount necessary as demonstrated by the plan spon18 sor on the application for such special financial as19 sistance, in accordance with the requirements de20 scribed in subsection (j). Special financial assistance 

21 shall be paid to such plan as soon as practicable 

22 upon approval of the application by the corporation. 

23 ‘‘(2) NO CAP.—Special financial assistance 

24 granted by the corporation under this section shall 

25 not be capped by the guarantee under 4022A. 


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1 ‘‘(j) DETERMINATION OF AMOUNT OF SPECIAL FI2 NANCIAL ASSISTANCE.— 

3 ‘‘(1) IN GENERAL.—The amount of financial 

4 assistance provided to a multiemployer plan eligible 

5 for financial assistance under this section shall be 

6 such amount required for the plan to pay all benefits 

7 due during the period beginning on the date of pay8 ment of the special financial assistance payment 

9 under this section and ending on the last day of the 

10 plan year ending in 2051, with no reduction in a 

11 participant’s or beneficiary’s accrued benefit as of 

12 the date of enactment of this section, except to the 

13 extent of a reduction in accordance with section 

14 305(e)(8) adopted prior to the plan’s application for 

15 special financial assistance under this section, and 

16 taking into account the reinstatement of benefits re17 quired under subsection (k). 

18 ‘‘(2) PROJECTIONS.—The funding projections 

19 for purposes of this section shall be performed on a 

20 deterministic basis. 

21 ‘‘(k) REINSTATEMENT OF SUSPENDED BENEFITS.— 

22 The Secretary, in coordination with the Secretary of the 

23 Treasury, shall ensure that an eligible multiemployer plan 

24 that receives special financial assistance under this sec25 tion— 


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1 ‘‘(1) reinstates any benefits that were sus2 pended under section 305(e)(9) or section 4245(a) 

3 in accordance with guidance issued by the Secretary 

4 of the Treasury pursuant to section 432(k)(1)(B) of 

5 the Internal Revenue Code of 1986, effective as of 

6 the first month in which the effective date for the 

7 special financial assistance occurs, for participants 

8 and beneficiaries as of such month; and 

9 ‘‘(2) provides 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 to the corporation, the Secretary of the 

6 Treasury, each employer that has an obligation to con7 tribute to such plan, and each labor organization rep8 resenting participants employed by such employer, an esti9 mate of the employer’s share of the plan’s unfunded vested 

10 benefits as of the end of each plan year ending after the 

11 date of enactment of this section, as determined after tak12 ing into account any special financial assistance received 

13 under this section. Such disclosure shall include a state14 ment that, due to the special financial assistance provided 

15 under this section, the plan will have sufficient resources 

16 to pay 100 percent of the plan’s benefit obligations until 

17 the last day of the plan year ending in 2051. 

18 ‘‘(n) RESTRICTIONS ON THE USE OF SPECIAL FI19 NANCIAL ASSISTANCE.—Special financial assistance re20 ceived under this section and any earnings thereon may 

21 be used by an eligible multiemployer plan to make benefit 

22 payments and pay plan expenses. Special financial assist23 ance and any earnings on such assistance shall be seg24 regated from other plan assets. Special financial assistVerDate Sep 11 2014 23:55 Mar 02, 2021 Jkt 019200 PO 00000 Frm 00579 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.PCS H1319

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1 ance shall be invested by plans in investment-grade bonds 

2 or other investments as permitted by the corporation. 

3 ‘‘(o) CONDITIONS ON PLANS RECEIVING SPECIAL FI4 NANCIAL ASSISTANCE.— 

5 ‘‘(1) IN GENERAL.—The corporation, in con6 sultation with the Secretary of the Treasury, may 

7 impose, by regulation, reasonable conditions on an 

8 eligible multiemployer plan that receives special fi9 nancial assistance relating to increases in future ac10 crual rates and any retroactive benefit improve11 ments, allocation of plan assets, reductions in em12 ployer contribution rates, diversion of contributions 

13 to, and allocation of expenses to, other benefit plans, 

14 and withdrawal liability. 

15 ‘‘(2) LIMITATION.—The corporation shall not 

16 impose conditions on an eligible multiemployer plan 

17 as a condition of, or following receipt of, special fi18 nancial assistance under this section relating to— 

19 ‘‘(A) any prospective reduction in plan 

20 benefits (including benefits that may be ad21 justed pursuant to section 305(e)(8)); 

22 ‘‘(B) plan governance, including selection 

23 of, removal of, and terms of contracts with, 

24 trustees, actuaries, investment managers, and 

25 other service providers; or 


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1 ‘‘(C) any funding rules relating to the plan 

2 receiving special financial assistance under this 

3 section. 

4 ‘‘(3) PAYMENT OF PREMIUMS.—An eligible 

5 multiemployer plan receiving special financial assist6 ance under this section shall continue to pay all pre7 miums due under section 4007 for participants and 

8 beneficiaries in the plan. 

9 ‘‘(4) ASSISTANCE NOT CONSIDERED FOR CER10 TAIN PURPOSES.—An eligible multiemployer plan 

11 that receives special financial assistance shall be 

12 deemed to be in critical status within the meaning 

13 of section 305(b)(2) until the last plan year ending 

14 in 2051. 

15 ‘‘(5) INSOLVENT PLANS.—An eligible multiem16 ployer plan receiving special financial assistance 

17 under this section that subsequently becomes insol18 vent will be subject to the current rules and guar19 antee for insolvent plans. 

20 ‘‘(6) INELIGIBILITY FOR OTHER ASSISTANCE.— 

21 An eligible multiemployer plan that receives special 

22 financial assistance under this section is not eligible 

23 to apply for a new suspension of benefits under sec24 tion 305(e)(9)(G). 


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1 ‘‘(p) COORDINATION WITH SECRETARY OF THE

2 TREASURY.—In prescribing the application process for eli3 gible multiemployer plans to receive special financial as4 sistance under this section and reviewing applications of 

5 such plans, the corporation shall coordinate with the Sec6 retary of the Treasury in the following manner: 

7 ‘‘(1) In the case of a plan which has suspended 

8 benefits under section 305(e)(9)— 

9 ‘‘(A) in determining whether to approve 

10 the application, the corporation shall consult 

11 with the Secretary of the Treasury regarding 

12 the plan’s proposed method of reinstating bene13 fits, as described in the plan’s application and 

14 in accordance with guidance issued by the Sec15 retary of the Treasury, and 

16 ‘‘(B) the corporation shall consult with the 

17 Secretary of the Treasury regarding the amount 

18 of special financial assistance needed based on 

19 the projected funded status of the plan as of 

20 the last day of the plan year ending in 2051, 

21 whether the plan proposes to repay benefits 

22 over 5 years or as a lump sum, as required by 

23 subsection (k)(2), and any other relevant fac24 tors, as determined by the corporation in con25 sultation with the Secretary of the Treasury, to 


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1 ensure the amount of assistance is sufficient to 

2 meet such requirement and is sufficient to pay 

3 benefits as required in subsection (j)(1). 

4 ‘‘(2) In the case of any plan which proposes in 

5 its application to change the assumptions used, as 

6 provided in subsection (e)(4), the corporation shall 

7 consult with the Secretary of the Treasury regarding 

8 such proposed change in assumptions. 

9 ‘‘(3) If the corporation specifies in regulations 

10 or guidance that temporary priority consideration is 

11 available for plans which are insolvent within the 

12 meaning of section 418E of the Internal Revenue 

13 Code of 1986 or likely to become so insolvent or for 

14 plans which have suspended benefits under section 

15 305(e)(9), or that availability is otherwise based on 

16 the funded status of the plan under section 305, as 

17 permitted by subsection (d), the corporation shall 

18 consult with the Secretary of the Treasury regarding 

19 any granting of priority consideration to such 

20 plans.’’. 

21 (c) PREMIUM RATE INCREASE.—Section 4006(a)(3) 

22 of the Employee Retirement Income Security Act of 1974 

23 (29 U.S.C. 1306(a)(3)) is amended— 

24 (1) in subparagraph (A)— 

25 (A) in clause (vi)— 


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1 (i) by inserting ‘‘, and before January 

2 1, 2031’’ after ‘‘December 31, 2014,’’; and 

3 (ii) by striking ‘‘or’’ at the end; 

4 (B) in clause (vii)— 

5 (i) by moving the margin 2 ems to the 

6 left; and 

7 (ii) in subclause (II), by striking the 

8 period and inserting ‘‘, or’’; and 

9 (C) by adding at the end the following: 

10 ‘‘(viii) in the case of a multiemployer plan, for 

11 plan years beginning after December 31, 2030, $52 

12 for each individual who is a participant in such plan 

13 during the applicable plan year.’’; and 

14 (2) by adding at the end the following: 

15 ‘‘(N) For each plan year beginning in a calendar year 

16 after 2031, there shall be substituted for the dollar 

17 amount specified in clause (viii) of subparagraph (A) an 

18 amount equal to the greater of— 

19 ‘‘(i) the product derived by multiplying such 

20 dollar amount by the ratio of— 

21 ‘‘(I) the national average wage index (as 

22 defined in section 209(k)(1) of the Social Secu23 rity Act) for the first of the 2 calendar years 

24 preceding the calendar year in which such plan 

25 year begins, to 


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1 ‘‘(II) the national average wage index (as 

2 so defined) for 2029; and 

3 ‘‘(ii) such dollar amount for plan years begin4 ning in the preceding calendar year. 

5 If the amount determined under this subparagraph 

6 is not a multiple of $1, such product shall be round7 ed to the nearest multiple of $1.’’. 

8 (d) AMENDMENTS TO INTERNAL REVENUE CODE OF

9 1986.— 

10 (1) IN GENERAL.—Section 432(a) of the Inter11 nal Revenue Code of 1986 is amended— 

12 (A) by striking ‘‘and’’ at the end of para13 graph (2)(B), 

14 (B) by striking the period at the end of 

15 paragraph (3)(B) and inserting ‘‘, and’’, and 

16 (C) by adding at the end the following new 

17 paragraph: 

18 ‘‘(4) if the plan is an eligible multiemployer 

19 plan which is applying for or receiving special finan20 cial assistance under section 4262 of the Employee 

21 Retirement Income Security Act of 1974, the re22 quirements of subsection (k) shall apply to the 

23 plan.’’. 

24 (2) PLANS RECEIVING SPECIAL FINANCIAL AS25 SISTANCE TO BE IN CRITICAL STATUS.—Section 


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1 432(b) of the Internal Revenue Code of 1986 is 

2 amended by adding at the end the following new 

3 paragraph: 

4 ‘‘(7) PLANS RECEIVING SPECIAL FINANCIAL AS5 SISTANCE.—If an eligible multiemployer plan receiv6 ing special financial assistance under section 4262 of 

7 the Employee Retirement Income Security Act of 

8 1974 meets the requirements of subsection (k)(2), 

9 notwithstanding the preceding paragraphs of this 

10 subsection, the plan shall be deemed to be in critical 

11 status for plan years beginning with the plan year 

12 in which the effective date for such assistance occurs 

13 and ending with the last plan year ending in 2051.’’. 

14 (3) RULES RELATING TO ELIGIBLE MULTIEM15 PLOYER PLANS.—Section 432 of the Internal Rev16 enue Code of 1986 is amended by adding at the end 

17 the following new subsection: 

18 ‘‘(k) RULES RELATING TO ELIGIBLE MULTIEM19 PLOYER PLANS.— 

20 ‘‘(1) PLANS APPLYING FOR SPECIAL FINANCIAL

21 ASSISTANCE.—In the case of an eligible multiem22 ployer plan which applies for special financial assist23 ance under section 4262 of such Act— 

24 ‘‘(A) IN GENERAL.—Such application shall 

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1 ments of such section, including any guidance 

2 issued thereunder by the Pension Benefit Guar3 anty Corporation. 

4 ‘‘(B) REINSTATEMENT OF SUSPENDED

5 BENEFITS.—In the case of a plan for which a 

6 suspension of benefits has been approved under 

7 subsection (e)(9), the application shall describe 

8 the manner in which suspended benefits will be 

9 reinstated in accordance with paragraph (2)(A) 

10 and guidance issued by the Secretary if the 

11 plan receives special financial assistance. 

12 ‘‘(C) AMOUNT OF FINANCIAL ASSIST13 ANCE.— 

14 ‘‘(i) IN GENERAL.—In determining 

15 the amount of special financial assistance 

16 to be specified in its application, an eligible 

17 multiemployer plan shall— 

18 ‘‘(I) use the interest rate used by 

19 the plan in its most recently com20 pleted certification of plan status be21 fore January 1, 2021, provided that 

22 such interest rate does not exceed the 

23 interest rate limit, and 

24 ‘‘(II) for other assumptions, use 

25 the assumptions that the plan used in 


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1 its most recently completed certifi2 cation of plan status before January 

3 1, 2021, unless such assumptions are 

4 unreasonable. 

5 ‘‘(ii) INTEREST RATE.—For purposes 

6 of clause (i), the interest rate limit is the 

7 rate specified in section 430(h)(2)(C)(iii) 

8 (disregarding modifications made under 

9 clause (iv) of such section) for the month 

10 in which the application for special finan11 cial assistance is filed by the eligible multi12 employer plan or the 3 preceding months, 

13 with such specified rate increased by 200 

14 basis points. 

15 ‘‘(iii) CHANGES IN ASSUMPTIONS.—If 

16 a plan determines that use of one or more 

17 prior assumptions is unreasonable, the 

18 plan may propose in its application to 

19 change such assumptions, provided that 

20 the plan discloses such changes in its ap21 plication and describes why such assump22 tions are no longer reasonable. The plan 

23 may not propose a change to the interest 

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1 section for eligibility or financial assistance 

2 amount. 

3 ‘‘(D) PLANS APPLYING FOR PRIORITY CON4 SIDERATION.—In the case of a plan applying 

5 for special financial assistance under rules pro6 viding for temporary priority consideration, as 

7 provided in paragraph (4)(C), such plan’s appli8 cation shall be submitted to the Secretary in 

9 addition to the Pension Benefit Guaranty Cor10 poration. 

11 ‘‘(2) PLANS RECEIVING SPECIAL FINANCIAL AS12 SISTANCE.—In the case of an eligible multiemployer 

13 plan receiving special financial assistance under sec14 tion 4262 of the Employee Retirement Income Secu15 rity Act of 1974— 

16 ‘‘(A) REINSTATEMENT OF SUSPENDED

17 BENEFITS.—The plan shall— 

18 ‘‘(i) reinstate any benefits that were 

19 suspended under subsection (e)(9) or sec20 tion 4245(a) of the Employee Retirement 

21 Income Security Act of 1974, effective as 

22 of the first month in which the effective 

23 date for the special financial assistance oc24 curs, for participants and beneficiaries as 

25 of such month, and 


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1 ‘‘(ii) provide payments equal to the 

2 amount of benefits previously suspended to 

3 any participants or beneficiaries in pay 

4 status as of the effective date of the special 

5 financial assistance, payable, as determined 

6 by the plan— 

7 ‘‘(I) as a lump sum within 3 

8 months of such effective date; or 

9 ‘‘(II) in equal monthly install10 ments over a period of 5 years, com11 mencing within 3 months of such ef12 fective date, with no adjustment for 

13 interest. 

14 ‘‘(B) RESTRICTIONS ON THE USE OF SPE15 CIAL FINANCIAL ASSISTANCE.—Special financial 

16 assistance received by the plan may be used to 

17 make benefit payments and pay plan expenses. 

18 Such assistance shall be segregated from other 

19 plan assets, and shall be invested by the plan 

20 in investment-grade bonds or other investments 

21 as permitted by regulations or other guidance 

22 issued by the Pension Benefit Guaranty Cor23 poration. 

24 ‘‘(C) CONDITIONS ON PLANS RECEIVING

25 SPECIAL FINANCIAL ASSISTANCE.— 


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1 ‘‘(i) IN GENERAL.—The Pension Ben2 efit Guaranty Corporation, in consultation 

3 with the Secretary, may impose, by regula4 tion, reasonable conditions on an eligible 

5 multiemployer plan receiving special finan6 cial assistance relating to increases in fu7 ture accrual rates and any retroactive ben8 efit improvements, allocation of plan as9 sets, reductions in employer contribution 

10 rates, diversion of contributions and alloca11 tion of expenses to other benefit plans, and 

12 withdrawal liability. 

13 ‘‘(ii) LIMITATION.—The Pension Ben14 efit Guaranty Corporation shall not impose 

15 conditions on an eligible multiemployer 

16 plan as a condition of, or following receipt 

17 of, special financial assistance relating 

18 to— 

19 ‘‘(I) any prospective reduction in 

20 plan benefits (including benefits that 

21 may be adjusted pursuant to sub22 section (e)(8)), 

23 ‘‘(II) plan governance, including 

24 selection of, removal of, and terms of 

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1 vestment managers, and other service 

2 providers, or 

3 ‘‘(III) any funding rules relating 

4 to the plan. 

5 ‘‘(D) ASSISTANCE DISREGARDED FOR CER6 TAIN PURPOSES.— 

7 ‘‘(i) FUNDING STANDARDS.—Special 

8 financial assistance received by the plan 

9 shall not be taken into account for deter10 mining contributions required under sec11 tion 431. 

12 ‘‘(ii) INSOLVENT PLANS.—If the plan 

13 becomes insolvent within the meaning of 

14 section 418E after receiving special finan15 cial assistance, the plan shall be subject to 

16 all rules applicable to insolvent plans. 

17 ‘‘(E) INELIGIBILITY FOR SUSPENSION OF

18 BENEFITS.—The plan shall not be eligible to 

19 apply for a new suspension of benefits under 

20 subsection (e)(9)(G). 

21 ‘‘(3) ELIGIBLE MULTIEMPLOYER PLAN.— 

22 ‘‘(A) IN GENERAL.—For purposes of this 

23 section, a multiemployer plan is an eligible mul24 tiemployer plan if— 


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1 ‘‘(i) the plan is in critical and declin2 ing status in any plan year beginning in 

3 2020 through 2022, 

4 ‘‘(ii) a suspension of benefits has been 

5 approved with respect to the plan under 

6 subsection (e)(9) as of the date of the en7 actment of this subsection; 

8 ‘‘(iii) in any plan year beginning in 

9 2020 through 2022, the plan is certified by 

10 the plan actuary to be in critical status, 

11 has a modified funded percentage of less 

12 than 40 percent, and has a ratio of active 

13 to inactive participants which is less than 

14 2 to 3, or 

15 ‘‘(iv) the plan became insolvent within 

16 the meaning of section 418E after Decem17 ber 16, 2014, and has remained so insol18 vent and has not been terminated as of the 

19 date of enactment of this subsection. 

20 ‘‘(B) MODIFIED FUNDED PERCENTAGE.— 

21 For purposes of subparagraph (A)(iii), the term 

22 ‘modified funded percentage’ means the per23 centage equal to a fraction the numerator of 

24 which is current value of plan assets (as defined 

25 in section 3(26) of the Employee Retirement 


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1 Income Security Act of 1974) and the denomi2 nator of which is current liabilities (as defined 

3 in section 431(c)(6)(D)). 

4 ‘‘(4) COORDINATION WITH PENSION BENEFIT

5 GUARANTY CORPORATION.—In prescribing the appli6 cation process for eligible multiemployer plans to re7 ceive special financial assistance under section 4262 

8 of the Employee Retirement Income Security Act of 

9 1974 and reviewing applications of such plans, the 

10 Pension Benefit Guaranty Corporation shall coordi11 nate with the Secretary in the following manner: 

12 ‘‘(A) In the case of a plan which has sus13 pended benefits under subsection (e)(9)— 

14 ‘‘(i) in determining whether to ap15 prove the application, such corporation 

16 shall consult with the Secretary regarding 

17 the plan’s proposed method of reinstating 

18 benefits, as described in the plan’s applica19 tion and in accordance with guidance 

20 issued by the Secretary, and 

21 ‘‘(ii) such corporation shall consult 

22 with the Secretary regarding the amount 

23 of special financial assistance needed based 

24 on the projected funded status of the plan 

25 as of the last day of the plan year ending 


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1 in 2051, whether the plan proposes to 

2 repay benefits over 5 years or as a lump 

3 sum, as required by paragraph (2)(A)(ii), 

4 and any other relevant factors, as deter5 mined by such corporation in consultation 

6 with the Secretary, to ensure the amount 

7 of assistance is sufficient to meet such re8 quirement and is sufficient to pay benefits 

9 as required in section 4262(j)(1) of such 

10 Act. 

11 ‘‘(B) In the case of any plan which pro12 poses in its application to change the assump13 tions used, as provided in paragraph (1)(C)(iii), 

14 such corporation shall consult with the Sec15 retary regarding such proposed change in as16 sumptions. 

17 ‘‘(C) If such corporation specifies in regu18 lations or guidance that temporary priority con19 sideration is available for plans which are insol20 vent within the meaning of section 418E or 

21 likely to become so insolvent or for plans which 

22 have suspended benefits under subsection 

23 (e)(9), or that availability is otherwise based on 

24 the funded status of the plan under this sec25 tion, as permitted by section 4262(d) of such 


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1 Act, such corporation shall consult with the 

2 Secretary regarding any granting of priority 

3 consideration to such plans.’’. 

4 SEC. 9705. EXTENDED AMORTIZATION FOR SINGLE EM5 PLOYER PLANS. 

6 (a) 15-YEAR AMORTIZATION UNDER THE INTERNAL

7 REVENUE CODE OF 1986.—Section 430(c) of the Internal 

8 Revenue Code of 1986 is amended by adding at the end 

9 the following new paragraph: 

10 ‘‘(8) 15-YEAR AMORTIZATION.—With respect to 

11 plan years beginning after December 31, 2019 (or, 

12 at the election of the plan sponsor, after December 

13 31, 2018)— 

14 ‘‘(A) the shortfall amortization bases for 

15 all plan years preceding the first plan year be16 ginning after December 31, 2019 (or after De17 cember 31, 2018, whichever is elected), and all 

18 shortfall amortization installments determined 

19 with respect to such bases, shall be reduced to 

20 zero, and 

21 ‘‘(B) subparagraphs (A) and (B) of para22 graph (2) shall each be applied by substituting 

23 ‘15-plan-year period’ for ‘7-plan-year period’.’’. 

24 (b) 15-YEAR AMORTIZATION UNDER THE EMPLOYEE

25 RETIREMENT INCOME SECURITY ACT OF 1974.—Section 


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1 303(c) of the Employee Retirement Income Security Act 

2 of 1974 (29 U.S.C. 1083(c)) is amended by adding at the 

3 end the following new paragraph: 

4 ‘‘(8) 15-YEAR AMORTIZATION.—With respect to 

5 plan years beginning after December 31, 2019 (or, 

6 at the election of the plan sponsor, after December 

7 31, 2018)— 

8 ‘‘(A) the shortfall amortization bases for 

9 all plan years preceding the first plan year be10 ginning after December 31, 2019 (or after De11 cember 31, 2018, whichever is elected), and all 

12 shortfall amortization installments determined 

13 with respect to such bases, shall be reduced to 

14 zero, and 

15 ‘‘(B) subparagraphs (A) and (B) of para16 graph (2) shall each be applied by substituting 

17 ‘15-plan-year period’ for ‘7-plan-year period’.’’. 

18 (c) EFFECTIVE DATE.—The amendments made by 

19 this section shall apply to plan years beginning after De20 cember 31, 2018. 

21 SEC. 9706. EXTENSION OF PENSION FUNDING STABILIZA22 TION PERCENTAGES FOR SINGLE EMPLOYER 

23 PLANS. 

24 (a) AMENDMENT TO INTERNAL REVENUE CODE OF

25 1986.— 


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1 (1) IN GENERAL.—The table contained in sub2 clause (II) of section 430(h)(2)(C)(iv) of the Inter3 nal Revenue Code of 1986 is amended to read as fol4 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%.’’. 

5 (2) FLOOR ON 25-YEAR AVERAGES.—Subclause 

6 (I) of section 430(h)(2)(C)(iv) of such Code is 

7 amended by adding at the end the following: ‘‘Not8 withstanding anything in this subclause, if the aver9 age of the first, second, or third segment rate for 

10 any 25-year period is less than 5 percent, such aver11 age shall be deemed to be 5 percent.’’. 

12 (b) AMENDMENTS TO EMPLOYEE RETIREMENT IN13 COME SECURITY ACT OF 1974.— 

14 (1) IN GENERAL.—The table contained in sub15 clause (II) of section 303(h)(2)(C)(iv) of the Em16 ployee Retirement Income Security Act of 1974 (29 

17 U.S.C. 1083(h)(2)(C)(iv)(II)) is amended to read as 

18 follows: 


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‘‘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%.’’. 

1 (2) FLOOR ON 25-YEAR AVERAGES.—Subclause 

2 (I) of section 303(h)(2)(C)(iv) of such Act (29 

3 U.S.C. 1083(h)(2)(C)(iv)(I)) is amended by adding 

4 at the end the following: ‘‘Notwithstanding anything 

5 in this subclause, if the average of the first, second, 

6 or third segment rate for any 25-year period is less 

7 than 5 percent, such average shall be deemed to be 

8 5 percent.’’. 

9 (3) CONFORMING AMENDMENTS.— 

10 (A) IN GENERAL.—Section 101(f)(2)(D) of 

11 such Act (29 U.S.C. 1021(f)(2)(D)) is amend12 ed— 

13 (i) in clause (i) by striking ‘‘and the 

14 Bipartisan Budget Act of 2015’’ both 

15 places it appears and inserting ‘‘, the Bi16 partisan Budget Act of 2015, and the 

17 American Rescue Plan Act of 2021’’, and 


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1 (ii) in clause (ii) by striking ‘‘2023’’ 

2 and inserting ‘‘2029’’. 

3 (B) STATEMENTS.—The Secretary of 

4 Labor shall modify the statements required 

5 under subclauses (I) and (II) of section 

6 101(f)(2)(D)(i) of such Act to conform to the 

7 amendments made by this section. 

8 (c) EFFECTIVE DATE.— 

9 (1) IN GENERAL.—The amendments made by 

10 this section shall apply with respect to plan years be11 ginning after December 31, 2019. 

12 (2) ELECTION NOT TO APPLY.—A plan sponsor 

13 may elect not to have the amendments made by this 

14 section apply to any plan year beginning before Jan15 uary 1, 2021, either (as specified in the election)— 

16 (A) for all purposes for which such amend17 ments apply, or 

18 (B) solely for purposes of determining the 

19 adjusted funding target attainment percentage 

20 under sections 436 of the Internal Revenue 

21 Code of 1986 and 206(g) of the Employee Re22 tirement Income Security Act of 1974 for such 

23 plan year. 

24 A plan shall not be treated as failing to meet the re25 quirements of sections 204(g) of such Act and 


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1 411(d)(6) of such Code solely by reason of an elec2 tion under this paragraph. 

3 SEC. 9707. MODIFICATION OF SPECIAL RULES FOR MIN4 IMUM FUNDING STANDARDS FOR COMMU5 NITY NEWSPAPER PLANS. 

6 (a) AMENDMENT TO INTERNAL REVENUE CODE OF

7 1986.—Subsection (m) of section 430 of the Internal Rev8 enue Code of 1986 is amended to read as follows: 

9 ‘‘(m) SPECIAL RULES FOR COMMUNITY NEWSPAPER

10 PLANS.— 

11 ‘‘(1) IN GENERAL.—An eligible newspaper plan 

12 sponsor of a plan under which no participant has 

13 had the participant’s accrued benefit increased 

14 (whether because of service or compensation) after 

15 April 2, 2019, may elect to have the alternative 

16 standards described in paragraph (4) apply to such 

17 plan. 

18 ‘‘(2) ELIGIBLE NEWSPAPER PLAN SPONSOR.— 

19 The term ‘eligible newspaper plan sponsor’ means 

20 the plan sponsor of— 

21 ‘‘(A) any community newspaper plan, or 

22 ‘‘(B) any other plan sponsored, as of April 

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1 paper plan if such member is in the trade or 

2 business of publishing 1 or more newspapers. 

3 ‘‘(3) ELECTION.—An election under paragraph 

4 (1) shall be made at such time and in such manner 

5 as prescribed by the Secretary. Such election, once 

6 made with respect to a plan year, shall apply to all 

7 subsequent plan years unless revoked with the con8 sent of the Secretary. 

9 ‘‘(4) ALTERNATIVE MINIMUM FUNDING STAND10 ARDS.—The alternative standards described in this 

11 paragraph are the following: 

12 ‘‘(A) INTEREST RATES.— 

13 ‘‘(i) IN GENERAL.—Notwithstanding 

14 subsection (h)(2)(C) and except as pro15 vided in clause (ii), the first, second, and 

16 third segment rates in effect for any 

17 month for purposes of this section shall be 

18 8 percent. 

19 ‘‘(ii) NEW BENEFIT ACCRUALS.—Not20 withstanding subsection (h)(2), for pur21 poses of determining the funding target 

22 and normal cost of a plan for any plan 

23 year, the present value of any benefits ac24 crued or earned under the plan for a plan 

25 year with respect to which an election 


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1 under paragraph (1) is in effect shall be 

2 determined on the basis of the United 

3 States Treasury obligation yield curve for 

4 the day that is the valuation date of such 

5 plan for such plan year. 

6 ‘‘(iii) UNITED STATES TREASURY OB7 LIGATION YIELD CURVE.—For purposes of 

8 this subsection, the term ‘United States 

9 Treasury obligation yield curve’ means, 

10 with respect to any day, a yield curve 

11 which shall be prescribed by the Secretary 

12 for such day on interest-bearing obligations 

13 of the United States. 

14 ‘‘(B) SHORTFALL AMORTIZATION BASE.— 

15 ‘‘(i) PREVIOUS SHORTFALL AMORTIZA16 TION BASES.—The shortfall amortization 

17 bases determined under subsection (c)(3) 

18 for all plan years preceding the first plan 

19 year to which the election under paragraph 

20 (1) applies (and all shortfall amortization 

21 installments determined with respect to 

22 such bases) shall be reduced to zero under 

23 rules similar to the rules of subsection 

24 (c)(6). 


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1 ‘‘(ii) NEW SHORTFALL AMORTIZATION

2 BASE.—Notwithstanding subsection (c)(3), 

3 the shortfall amortization base for the first 

4 plan year to which the election under para5 graph (1) applies shall be the funding 

6 shortfall of such plan for such plan year 

7 (determined using the interest rates as 

8 modified under subparagraph (A)). 

9 ‘‘(C) DETERMINATION OF SHORTFALL AM10 ORTIZATION INSTALLMENTS.— 

11 ‘‘(i) 30-YEAR PERIOD.—Subpara12 graphs (A) and (B) of subsection (c)(2) 

13 shall be applied by substituting ‘30-plan14 year’ for ‘7-plan-year’ each place it ap15 pears. 

16 ‘‘(ii) NO SPECIAL ELECTION.—The 

17 election under subparagraph (D) of sub18 section (c)(2) shall not apply to any plan 

19 year to which the election under paragraph 

20 (1) applies. 

21 ‘‘(D) EXEMPTION FROM AT-RISK TREAT22 MENT.—Subsection (i) shall not apply. 

23 ‘‘(5) COMMUNITY NEWSPAPER PLAN.—For pur24 poses of this subsection— 


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1 ‘‘(A) IN GENERAL.—The term ‘community 

2 newspaper plan’ means any plan to which this 

3 section applies maintained as of December 31, 

4 2018, by an employer which— 

5 ‘‘(i) maintains the plan on behalf of 

6 participants and beneficiaries with respect 

7 to employment in the trade or business of 

8 publishing 1 or more newspapers which 

9 were published by the employer at any 

10 time during the 11-year period ending on 

11 December 20, 2019, 

12 ‘‘(ii)(I) is not a company the stock of 

13 which is publicly traded (on a stock ex14 change or in an over-the-counter market), 

15 and is not controlled, directly or indirectly, 

16 by such a company, or 

17 ‘‘(II) is controlled, directly or indi18 rectly, during the entire 30-year period 

19 ending on December 20, 2019, by individ20 uals who are members of the same family, 

21 and does not publish or distribute a daily 

22 newspaper that is carrier-distributed in 

23 printed form in more than 5 States, and 

24 ‘‘(iii) is controlled, directly or indi25 rectly— 


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1 ‘‘(I) by 1 or more persons resid2 ing primarily in a State in which the 

3 community newspaper has been pub4 lished on newsprint or carrier-distrib5 uted, 

6 ‘‘(II) during the entire 30-year 

7 period ending on December 20, 2019, 

8 by individuals who are members of the 

9 same family, 

10 ‘‘(III) by 1 or more trusts, the 

11 sole trustees of which are persons de12 scribed in subclause (I) or (II), or 

13 ‘‘(IV) by a combination of per14 sons described in subclause (I), (II), 

15 or (III). 

16 ‘‘(B) NEWSPAPER.—The term ‘newspaper’ 

17 does not include any newspaper (determined 

18 without regard to this subparagraph) to which 

19 any of the following apply: 

20 ‘‘(i) Is not in general circulation. 

21 ‘‘(ii) Is published (on newsprint or 

22 electronically) less frequently than 3 times 

23 per week. 

24 ‘‘(iii) Has not ever been regularly 

25 published on newsprint. 


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1 ‘‘(iv) Does not have a bona fide list of 

2 paid subscribers. 

3 ‘‘(C) CONTROL.—A person shall be treated 

4 as controlled by another person if such other 

5 person possesses, directly or indirectly, the 

6 power to direct or cause the direction and man7 agement of such person (including the power to 

8 elect a majority of the members of the board of 

9 directors of such person) through the ownership 

10 of voting securities. 

11 ‘‘(6) CONTROLLED GROUP.—For purposes of 

12 this subsection, the term ‘controlled group’ means all 

13 persons treated as a single employer under sub14 section (b), (c), (m), or (o) of section 414 as of De15 cember 20, 2019.’’. 

16 (b) AMENDMENT TO EMPLOYEE RETIREMENT IN17 COME SECURITY ACT OF 1974.—Subsection (m) of section 

18 303 of the Employee Retirement Income Security Act of 

19 1974 (29 U.S.C. 1083(m)) is amended to read as follows: 

20 ‘‘(m) SPECIAL RULES FOR COMMUNITY NEWSPAPER

21 PLANS.— 

22 ‘‘(1) IN GENERAL.—An eligible newspaper plan 

23 sponsor of a plan under which no participant has 

24 had the participant’s accrued benefit increased 

25 (whether because of service or compensation) after 


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1 April 2, 2019, may elect to have the alternative 

2 standards described in paragraph (4) apply to such 

3 plan. 

4 ‘‘(2) ELIGIBLE NEWSPAPER PLAN SPONSOR.— 

5 The term ‘eligible newspaper plan sponsor’ means 

6 the plan sponsor of— 

7 ‘‘(A) any community newspaper plan, or 

8 ‘‘(B) any other plan sponsored, as of April 

9 2, 2019, by a member of the same controlled 

10 group of a plan sponsor of a community news11 paper plan if such member is in the trade or 

12 business of publishing 1 or more newspapers. 

13 ‘‘(3) ELECTION.—An election under paragraph 

14 (1) shall be made at such time and in such manner 

15 as prescribed by the Secretary of the Treasury. Such 

16 election, once made with respect to a plan year, shall 

17 apply to all subsequent plan years unless revoked 

18 with the consent of the Secretary of the Treasury. 

19 ‘‘(4) ALTERNATIVE MINIMUM FUNDING STAND20 ARDS.—The alternative standards described in this 

21 paragraph are the following: 

22 ‘‘(A) INTEREST RATES.— 

23 ‘‘(i) IN GENERAL.—Notwithstanding 

24 subsection (h)(2)(C) and except as pro25 vided in clause (ii), the first, second, and 


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1 third segment rates in effect for any 

2 month for purposes of this section shall be 

3 8 percent. 

4 ‘‘(ii) NEW BENEFIT ACCRUALS.—Not5 withstanding subsection (h)(2), for pur6 poses of determining the funding target 

7 and normal cost of a plan for any plan 

8 year, the present value of any benefits ac9 crued or earned under the plan for a plan 

10 year with respect to which an election 

11 under paragraph (1) is in effect shall be 

12 determined on the basis of the United 

13 States Treasury obligation yield curve for 

14 the day that is the valuation date of such 

15 plan for such plan year. 

16 ‘‘(iii) UNITED STATES TREASURY OB17 LIGATION YIELD CURVE.—For purposes of 

18 this subsection, the term ‘United States 

19 Treasury obligation yield curve’ means, 

20 with respect to any day, a yield curve 

21 which shall be prescribed by the Secretary 

22 of the Treasury for such day on interest23 bearing obligations of the United States. 

24 ‘‘(B) SHORTFALL AMORTIZATION BASE.— 


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1 ‘‘(i) PREVIOUS SHORTFALL AMORTIZA2 TION BASES.—The shortfall amortization 

3 bases determined under subsection (c)(3) 

4 for all plan years preceding the first plan 

5 year to which the election under paragraph 

6 (1) applies (and all shortfall amortization 

7 installments determined with respect to 

8 such bases) shall be reduced to zero under 

9 rules similar to the rules of subsection 

10 (c)(6). 

11 ‘‘(ii) NEW SHORTFALL AMORTIZATION

12 BASE.—Notwithstanding subsection (c)(3), 

13 the shortfall amortization base for the first 

14 plan year to which the election under para15 graph (1) applies shall be the funding 

16 shortfall of such plan for such plan year 

17 (determined using the interest rates as 

18 modified under subparagraph (A)). 

19 ‘‘(C) DETERMINATION OF SHORTFALL AM20 ORTIZATION INSTALLMENTS.— 

21 ‘‘(i) 30-YEAR PERIOD.—Subpara22 graphs (A) and (B) of subsection (c)(2) 

23 shall be applied by substituting ‘30-plan24 year’ for ‘7-plan-year’ each place it ap25 pears. 


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1 ‘‘(ii) NO SPECIAL ELECTION.—The 

2 election under subparagraph (D) of sub3 section (c)(2) shall not apply to any plan 

4 year to which the election under paragraph 

5 (1) applies. 

6 ‘‘(D) EXEMPTION FROM AT-RISK TREAT7 MENT.—Subsection (i) shall not apply. 

8 ‘‘(5) COMMUNITY NEWSPAPER PLAN.—For pur9 poses of this subsection— 

10 ‘‘(A) IN GENERAL.—The term ‘community 

11 newspaper plan’ means a plan to which this sec12 tion applies maintained as of December 31, 

13 2018, by an employer which— 

14 ‘‘(i) maintains the plan on behalf of 

15 participants and beneficiaries with respect 

16 to employment in the trade or business of 

17 publishing 1 or more newspapers which 

18 were published by the employer at any 

19 time during the 11-year period ending on 

20 December 20, 2019, 

21 ‘‘(ii)(I) is not a company the stock of 

22 which is publicly traded (on a stock ex23 change or in an over-the-counter market), 

24 and is not controlled, directly or indirectly, 

25 by such a company, or 


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1 ‘‘(II) is controlled, directly, or indi2 rectly, during the entire 30-year period 

3 ending on December 20, 2019, by individ4 uals who are members of the same family, 

5 and does not publish or distribute a daily 

6 newspaper that is carrier-distributed in 

7 printed form in more than 5 States, and 

8 ‘‘(iii) is controlled, directly, or indi9 rectly— 

10 ‘‘(I) by 1 or more persons resid11 ing primarily in a State in which the 

12 community newspaper has been pub13 lished on newsprint or carrier-distrib14 uted, 

15 ‘‘(II) during the entire 30-year 

16 period ending on December 20, 2019, 

17 by individuals who are members of the 

18 same family, 

19 ‘‘(III) by 1 or more trusts, the 

20 sole trustees of which are persons de21 scribed in subclause (I) or (II), or 

22 ‘‘(IV) by a combination of per23 sons described in subclause (I), (II), 

24 or (III). 


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1 ‘‘(B) NEWSPAPER.—The term ‘newspaper’ 

2 does not include any newspaper (determined 

3 without regard to this subparagraph) to which 

4 any of the following apply: 

5 ‘‘(i) Is not in general circulation. 

6 ‘‘(ii) Is published (on newsprint or 

7 electronically) less frequently than 3 times 

8 per week. 

9 ‘‘(iii) Has not ever been regularly 

10 published on newsprint. 

11 ‘‘(iv) Does not have a bona fide list of 

12 paid subscribers. 

13 ‘‘(C) CONTROL.—A person shall be treated 

14 as controlled by another person if such other 

15 person possesses, directly or indirectly, the 

16 power to direct or cause the direction and man17 agement of such person (including the power to 

18 elect a majority of the members of the board of 

19 directors of such person) through the ownership 

20 of voting securities. 

21 ‘‘(6) CONTROLLED GROUP.—For purposes of 

22 this subsection, the term ‘controlled group’ means all 

23 persons treated as a single employer under sub24 section (b), (c), (m), or (o) of section 414 of the InVerDate Sep 11 2014 23:55 Mar 02, 2021 Jkt 019200 PO 00000 Frm 00613 Fmt 6652 Sfmt 6201 E:\BILLS\H1319.PCS H1319

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1 ternal Revenue Code of 1986 as of December 20, 

2 2019. 

3 ‘‘(7) EFFECT ON PREMIUM RATE CALCULA4 TION.—In the case of a plan for which an election 

5 is made to apply the alternative standards described 

6 in paragraph (3), the additional premium under sec7 tion 4006(a)(3)(E) shall be determined as if such 

8 election had not been made.’’. 

9 (c) EFFECTIVE DATE.—The amendments made by 

10 this section shall apply to plan years ending after Decem11 ber 31, 2017. 

12 SEC. 9708. COST OF LIVING ADJUSTMENT FREEZE. 

13 (a) IN GENERAL.—Subsection (d) of section 415 of 

14 the Internal Revenue Code of 1986 is amended by adding 

15 at the end the following new paragraph: 

16 ‘‘(5) FREEZE ON COST OF LIVING ADJUST17 MENTS.— 

18 ‘‘(A) IN GENERAL.—Except as provided in 

19 subparagraph (B), in the case of calendar years 

20 beginning after December 31, 2030— 

21 ‘‘(i) no adjustment shall be made 

22 under paragraph (1), and 

23 ‘‘(ii) the dollar amounts as adjusted 

24 under such paragraph for calendar year 

25 2030 shall apply. 


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1 ‘‘(B) EXCEPTION.—Subparagraph (A) 

2 shall not apply in the case of a plan maintained 

3 pursuant to 1 or more collective bargaining 

4 agreements.’’. 

5 (b) COMPENSATION LIMIT.—Paragraph (17) of sec6 tion 401(a) of the Internal Revenue Code of 1986 is 

7 amended by adding at the end the following new subpara8 graph: 

9 ‘‘(C) FREEZE ON COST OF LIVING ADJUST10 MENTS.— 

11 ‘‘(i) IN GENERAL.—Except as pro12 vided in clause (ii), in the case of calendar 

13 years beginning after December 31, 

14 2030— 

15 ‘‘(I) no adjustment shall be made 

16 under subparagraph (B), and 

17 ‘‘(II) the dollar amount as ad18 justed under such subparagraph for 

19 calendar year 2030 shall apply. 

20 ‘‘(ii) EXCEPTION.—Clause (i) shall 

21 not apply in the case of a plan maintained 

22 pursuant to 1 or more collective bargaining 

23 agreements.’’. 

24 (c) CONFORMING AMENDMENTS.— 


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1 (1) Section 45A(c)(3) of the Internal Revenue 

2 Code of 1986 is amended by striking ‘‘415(d)’’ and 

3 inserting ‘‘415(d) (without regard to paragraph (5) 

4 thereof)’’. 

5 (2) Section 402(g)(4) of such Code is amended 

6 by striking ‘‘415(d)’’ and inserting ‘‘415(d) (without 

7 regard to paragraph (5) thereof)’’. 

8 (3) Section 408(p)(2)(E)(ii) of such Code is 

9 amended by striking ‘‘415(d)’’ and inserting ‘‘415(d) 

10 (without regard to paragraph (5) thereof)’’. 

11 (4) Section 409(o)(2) of such Code is amended 

12 by striking ‘‘415(d)’’ and inserting ‘‘415(d) (without 

13 regard to paragraph (5) thereof)’’. 

14 (5) Section 416(i)(1)(A) of such Code is 

15 amended by striking ‘‘415(d)’’ and inserting ‘‘415(d) 

16 (without regard to paragraph (5) thereof)’’. 

17 (6) Section 457(e)(11)(B)(iii) of such Code is 

18 amended by striking ‘‘415(d)’’ and inserting ‘‘415(d) 

19 (without regard to paragraph (5) thereof)’’. 

20 (7) Section 457(e)(15)(B) of such Code is 

21 amended by striking ‘‘415(d)’’ and inserting ‘‘415(d) 

22 (without regard to paragraph (5) thereof)’’. 

23 (8) Section 664(g)(7)(B) of such Code is 

24 amended by striking ‘‘415(d)’’ and inserting ‘‘415(d) 

25 (without regard to paragraph (5) thereof)’’. 


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1 Subtitle I—Child Care for Workers 

2 SEC. 9801. CHILD CARE ASSISTANCE. 

3 (a) APPROPRIATION.— 

4 (1) IN GENERAL.—Section 418(a)(3) of the So5 cial Security Act (42 U.S.C. 618(a)(3)) is amended 

6 to read as follows: 

7 ‘‘(3) APPROPRIATION.—For grants under this 

8 section, there are appropriated $3,550,000,000 for 

9 each fiscal year, of which— 

10 ‘‘(A) $3,375,000,000 shall be available for 

11 grants to States; 

12 ‘‘(B) $100,000,000 shall be available for 

13 grants to Indian tribes and tribal organizations; 

14 and 

15 ‘‘(C) $75,000,000 shall be available for 

16 grants to territories.’’. 

17 (2) CONFORMING AMENDMENT.—Section 

18 418(a)(2)(A) of such Act (42 U.S.C. 618(a)(2)(A)) 

19 is amended by striking ‘‘paragraph (3), and remain20 ing after the reservation described in paragraph (4) 

21 and’’ and inserting ‘‘paragraph (3)(A),’’. 

22 (b) SUSPENSION OF STATE MATCH REQUIREMENT

23 IN FISCAL YEARS 2021 AND 2022.—With respect to the 

24 amounts made available by section 418(a)(3)(A) of the So25 cial Security Act for each of fiscal years 2021 and 2022, 


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1 section 418(a)(2)(C) of such Act shall be applied and ad2 ministered with respect to any State that is entitled to 

3 receive the entire amount that would be allotted to the 

4 State under section 418(a)(2)(B) of such Act for the fiscal 

5 year in the absence of this section, as if the Federal med6 ical assistance percentage for the State for the fiscal year 

7 were 100 percent. 

8 (c) FUNDING FOR THE TERRITORIES.—Section 

9 418(a)(4) of such Act (42 U.S.C. 618(a)(4)) is amended 

10 to read as follows: 

11 ‘‘(4) TERRITORIES.— 

12 ‘‘(A) GRANTS.—The Secretary shall use 

13 the amounts made available by paragraph 

14 (3)(C) to make grants to the territories under 

15 this paragraph. 

16 ‘‘(B) ALLOTMENTS.—The amount de17 scribed in subparagraph (A) shall be allotted 

18 among the territories in proportion to their re19 spective needs. 

20 ‘‘(C) REDISTRIBUTION.—The 1st sentence 

21 of clause (i) and clause (ii) of paragraph (2)(D) 

22 shall apply with respect to the amounts allotted 

23 to the territories under this paragraph, except 

24 that the 2nd sentence of paragraph (2)(D) shall 

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1 tories that are available for redistribution for a 

2 fiscal year shall be redistributed to each terri3 tory that applies for the additional amounts, to 

4 the extent that the Secretary determines that 

5 the territory will be able to use the additional 

6 amounts to provide child care assistance, in an 

7 amount that bears the same ratio to the 

8 amount so available for redistribution as the 

9 amount allotted to the territory for the fiscal 

10 year bears to the total amount allotted to all 

11 the territories receiving redistributed funds 

12 under this paragraph for the fiscal year. 

13 ‘‘(D) INAPPLICABILITY OF PAYMENT LIMI14 TATION.— Section 1108(a) shall not apply with 

15 respect to any amount paid under this para16 graph. 

17 ‘‘(E) TERRITORY.—In this paragraph, the 

18 term ‘territory’ means the Commonwealth of 

19 Puerto Rico, the United States Virgin Islands, 

20 Guam, American Samoa, and the Common21 wealth of the Northern Mariana Islands.’’. 


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1 TITLE X—INTERNATIONAL 

2 AFFAIRS 

3 SEC. 10001. DEPARTMENT OF STATE OPERATIONS. 

4 In addition to amounts otherwise available, there is 

5 authorized and appropriated to the Secretary of State for 

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

7 otherwise appropriated, $204,000,000, to remain available 

8 until September 30, 2022, for necessary expenses of the 

9 Department of State to carry out the authorities, func10 tions, duties, and responsibilities in the conduct of the for11 eign affairs of the United States, to prevent, prepare for, 

12 and respond to coronavirus domestically or internationally, 

13 which shall include maintaining Department of State oper14 ations. 

15 SEC. 10002. UNITED STATES AGENCY FOR INTERNATIONAL 

16 DEVELOPMENT OPERATIONS. 

17 In addition to amounts otherwise available, there is 

18 authorized and appropriated to the Administrator of the 

19 United States Agency for International Development for 

20 fiscal year 2021, out of any money in the Treasury not 

21 otherwise appropriated, $41,000,000, to remain available 

22 until September 30, 2022, to carry out the provisions of 

23 section 667 of the Foreign Assistance Act of 1961 (22 

24 U.S.C. 2427) for necessary expenses of the United States 

25 Agency for International Development to prevent, prepare 


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1 for, and respond to coronavirus domestically or inter2 nationally, and for other operations and maintenance re3 quirements related to coronavirus. 

4 SEC. 10003. GLOBAL RESPONSE. 

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

6 available, there is authorized and appropriated to the Sec7 retary of State for fiscal year 2021, out of any money in 

8 the Treasury not otherwise appropriated, $8,675,000,000, 

9 to remain available until September 30, 2022, for nec10 essary expenses to carry out the provisions of section 531 

11 of chapter 4 of part II of the Foreign Assistance Act of 

12 1961 (22 U.S.C. 2346) as health programs to prevent, 

13 prepare for, and respond to coronavirus, which shall in14 clude recovery from the impacts of such virus and shall 

15 be allocated as follows— 

16 (1) $905,000,000 to be made available to the 

17 United States Agency for International Development 

18 for global health activities to prevent, prepare for, 

19 and respond to coronavirus, which shall include a 

20 contribution to a multilateral vaccine development 

21 partnership to support epidemic preparedness; 

22 (2) $3,750,000,000 to be made available to the 

23 Department of State to support programs for the 

24 prevention, treatment, and control of HIV/AIDS in 

25 order to prevent, prepare for, and respond to 


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1 coronavirus, including to mitigate the impact on 

2 such programs from coronavirus and support recov3 ery from the impacts of the coronavirus, of which 

4 not less than $3,500,000,000 shall be for a United 

5 States contribution to the Global Fund to Fight 

6 AIDS, Tuberculosis and Malaria; 

7 (3) $3,090,000,000 to be made available to the 

8 United States Agency for International Development 

9 to prevent, prepare for, and respond to coronavirus, 

10 which shall include support for international disaster 

11 relief, rehabilitation, and reconstruction, for health 

12 activities, and to meet emergency food security 

13 needs; and 

14 (4) $930,000,000 to be made available to pre15 vent, prepare for, and respond to coronavirus, which 

16 shall include activities to address economic and sta17 bilization requirements resulting from such virus. 

18 (b) WAIVER OF LIMITATION.—Any contribution to 

19 the Global Fund to Fight AIDS, Tuberculosis and Malaria 

20 made pursuant to subsection (a)(2) shall be made avail21 able notwithstanding section 202(d)(4)(A)(i) of the United 

22 States Leadership Against HIV/AIDS, Tuberculosis, and 

23 Malaria Act of 2003 (22 U.S.C. 7622(d)(4)(A)(i)), and 

24 such contribution shall not be considered a contribution 

25 for the purpose of applying such section 202(d)(4)(A)(i). 


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1 (c) PERIOD OF AVAILABILITY.—Funds appropriated 

2 by this section shall remain available for one additional 

3 year if such funds are initially obligated before the expira4 tion of the period of availability contained in subsection 

5 (a). 

6 SEC. 10004. HUMANITARIAN RESPONSE. 

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

8 available, there is authorized and appropriated to the Sec9 retary of State for fiscal year 2021, out of any money in 

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

11 to remain available until September 30, 2022, to carry out 

12 the provisions of section 2(a) and (b) of the Migration and 

13 Refugee Assistance Act of 1962 (22 U.S.C. 2601(a) and 

14 (b)) to prevent, prepare for, and respond to coronavirus. 

15 (b) USE OF FUNDS.—Funds appropriated pursuant 

16 to this section shall not be made available for the costs 

17 of resettling refugees in the United States. 

18 (c) PERIOD OF AVAILABILITY.—Funds appropriated 

19 by this section shall remain available for one additional 

20 year if such funds are initially obligated before the expira21 tion of the period of availability contained in subsection 

22 (a). 

23 SEC. 10005. MULTILATERAL ASSISTANCE. 

24 In addition to amounts otherwise available, there is 

25 authorized and appropriated to the Secretary of State for 


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

2 otherwise appropriated, $580,000,000, to remain available 

3 until September 30, 2022, to carry out the provisions of 

4 section 301(a) of the Foreign Assistance Act of 1961 (22 

5 U.S.C. 2221(a)) to prevent, prepare for, and respond to 

6 coronavirus, which shall include support for the priorities 

7 and objectives of the United Nations Global Humanitarian 

8 Response Plan COVID–19 through voluntary contribu9 tions to international organizations and programs admin10 istered by such organizations. 

11 TITLE XI—COMMITTEE ON 

12 NATURAL RESOURCES 

13 SEC. 1101. INDIAN AFFAIRS. 

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

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

16 out of any money in the Treasury not otherwise appro17 priated, $900,000,000 to remain available until expended, 

18 pursuant to the Snyder Act (25 U.S.C. 13), of which— 

19 (1) $100,000,000 shall be for Tribal housing 

20 improvement; 

21 (2) $772,500,000 shall be for Tribal govern22 ment services, public safety and justice, social serv23 ices, child welfare assistance, and for other related 

24 expenses; 


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1 (3) $7,500,000 shall be for related Federal ad2 ministrative costs and oversight; and 

3 (4) $20,000,000 shall be to provide and deliver 

4 potable water. 

5 (b) EXCLUSIONS FROM CALCULATION.—Funds ap6 propriated under subsection (a) shall be excluded from the 

7 calculation of funds received by those Tribal governments 

8 that participate in the ‘‘Small and Needy’ ’’ program. 

9 (c) ONE-TIME BASIS FUNDS.—Funds made available 

10 under subsection (a) to Tribes and Tribal organizations 

11 under the Indian Self-Determination and Education As12 sistance Act (25 U.S.C. 5301 et seq.) shall be available 

13 on a one-time basis. Such non-recurring funds shall not 

14 be part of the amount required by section 106 of the In15 dian Self-Determination and Education Assistance Act 

16 (25 U.S.C. 5325), and such funds shall only be used for 

17 the purposes identified in this section. 

18 SEC. 1102. UNITED STATES FISH AND WILDLIFE SERVICE. 

19 (a) INSPECTION, INTERDICTION, AND RESEARCH RE20 LATED TO CERTAIN SPECIES AND COVID–19.—In addi21 tion to amounts otherwise made available, there is appro22 priated for fiscal year 2021, out of any money in the 

23 Treasury not otherwise appropriated, $95,000,000 to re24 main available until expended, to carry out the provisions 

25 of the Fish and Wildlife Act of 1956 (16 U.S.C. 742a et 


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1 seq.) and the Fish and Wildlife Coordination Act (16 

2 U.S.C. 661 et seq.) through direct expenditure, contracts, 

3 and grants, of which— 

4 (1) $20,000,000 shall be for wildlife inspec5 tions, interdictions, investigations, and related activi6 ties, and for efforts to address wildlife trafficking; 

7 (2) $30,000,000 shall be for the care of captive 

8 species listed under the Endangered Species Act of 

9 1973, for the care of rescued and confiscated wild10 life, and for the care of Federal trust species in fa11 cilities experiencing lost revenues due to COVID–19; 

12 and 

13 (3) $45,000,000 shall be for research and ex14 tension activities to strengthen early detection, rapid 

15 response, and science-based management to address 

16 wildlife disease outbreaks before they become 

17 pandemics and strengthen capacity for wildlife 

18 health monitoring to enhance early detection of dis19 eases that have capacity to jump the species barrier 

20 and pose a risk in the United States, including the 

21 development of a national wildlife disease database. 

22 (b) LACEY ACT PROVISIONS.—In addition to 

23 amounts otherwise made available, there is appropriated 

24 for fiscal year 2021, out of any money in the Treasury 

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1 able until expended, to carry out the provisions of section 

2 42(a) of title 18, United States Code, and the Lacey Act 

3 Amendments of 1981 (16 U.S.C. 3371–3378) to identify 

4 and designate wildlife species, or larger taxonomic groups 

5 of species, as injurious under such provisions if they trans6 mit a pathogen that could potentially pose a risk to human 

7 health and develop regulations to develop a process to 

8 make emergency listings for injurious species. 

9 TITLE XII—COMMITTEE ON 

10 SCIENCE, SPACE, AND TECH11 NOLOGY 

12 SEC. 12001. NATIONAL INSTITUTE OF STANDARDS AND 

13 TECHNOLOGY. 

14 In addition to amounts otherwise made available, 

15 there are appropriated to the National Institute of Stand16 ards and Technology for fiscal year 2021, out of any 

17 money in the Treasury not otherwise appropriated, 

18 $150,000,000, to remain available until September 30, 

19 2022, to fund awards for research, development, and 

20 testbeds to prevent, prepare for, and respond to 

21 coronavirus. None of the funds provided by this section 

22 shall be subject to cost share requirements. 

23 SEC. 12002. NATIONAL SCIENCE FOUNDATION. 

24 In addition to amounts otherwise made available, 

25 there are appropriated to the National Science Foundation 


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1 for fiscal year 2021, out of any money in the Treasury 

2 not otherwise appropriated, $600,000,000, to remain 

3 available until September 30, 2022, to fund or extend new 

4 and existing research grants, cooperative agreements, 

5 scholarships, fellowships, and apprenticeships, and related 

6 administrative expenses to prevent, prepare for, and re7 spond to coronavirus. 

Passed the House of Representatives February 27 

(legislative day February 26), 2021. 

Attest: CHERYL L. JOHNSON, 

Clerk. 

By ROBERT F. REEVES, 

Deputy Clerk. 


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Calendar No. 10 

117TH CONGRESS 

1ST SESSION H. R. 1319 

AN ACT 

To provide for reconciliation pursuant to title II of 

S. Con. Res. 5. 

MARCH 2 (legislative day, MARCH 1), 2021 

Received; read the first time 

MARCH 2, 2021 

Read the second time and placed on the calendar 


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