912 
‘‘(II) 5 years after the last plan 
year for which the transition contribu-
tion rate applicable to the employer 
was established or updated. 
‘‘(ii) EXCEPTION.—The transition con-
tribution rate applicable to an employer for 
the first plan year beginning on or after the 
commencement of the employer’s obligation 
to contribute to the composite plan is the 
rate in effect for the plan year of the legacy 
plan that commences on or after 180 days 
before such first plan year. 
‘‘(D) EFFECT OF LEGACY PLAN FINANCIAL 
CIRCUMSTANCES.—If the plan actuary of the leg-
acy plan has certified under section 432 that the 
plan is in endangered or critical status for a 
plan year, the transition contribution rate for 
the following plan year is the rate determined 
with respect to the employer under the legacy 
plan’s funding improvement or rehabilitation 
plan under section 432, if greater than the rate 
otherwise determined, but in no event greater 
than 75 percent of the sum of the contribution 
rates applicable to the legacy plan and the com-
posite plan for the plan year.
913 
‘‘(E) OTHER ACTUARIAL ASSUMPTIONS AND 
METHODS.—Except as provided in subparagraph 
(A), the determination of the transition contribu-
tion rate for a plan year shall be based on actu-
arial assumptions and methods consistent with 
the minimum funding determinations made 
under section 431 (or, if applicable, section 432) 
with respect to the legacy plan for the plan year. 
‘‘(F) ADJUSTMENTS
IN
RATE.—The plan 
sponsor of a legacy plan from time to time may 
adjust the transition contribution rate or rates 
applicable to an employer under this paragraph 
by increasing some rates and decreasing others if 
the actuary certifies that such adjusted rates in 
combination will produce projected contribution 
income for the plan year beginning on or after 
the date of certification that is not less than 
would be produced by the transition contribution 
rates in effect at the time of the certification. 
‘‘(G) NOTICE OF TRANSITION CONTRIBUTION 
RATE.—The plan sponsor of a legacy plan shall 
provide notice to the parties to collective bar-
gaining agreements pursuant to which contribu-
tions are made to the legacy plan of changes to 
the transition contribution rate requirements at
914 
least 30 days before the beginning of the plan 
year for which the rate is effective. 
‘‘(H) NOTICE TO COMPOSITE PLAN SPON-
SOR.—Not later than 30 days after a determina-
tion by the plan sponsor of a legacy plan that 
a collective bargaining agreement provides for a 
rate of contributions that is below the transition 
contribution rate applicable to one or more em-
ployers that are parties to the collective bar-
gaining agreement, the plan sponsor of the leg-
acy plan shall notify the plan sponsor of any 
composite plan under which employees of such 
employer would otherwise be eligible to accrue a 
benefit. 
‘‘(3) CORRECTION
PROCEDURES.—Pursuant to 
standards prescribed by the Secretary of Labor, the 
plan sponsor of a composite plan shall adopt rules 
and procedures that give the parties to the collective 
bargaining agreement notice of the failure of such 
agreement to satisfy the transition contribution re-
quirements of this subsection, and a reasonable oppor-
tunity to correct such failure, not to exceed 180 days 
from the date of notice given under subsection (b)(2). 
‘‘(4) SUPPLEMENTAL CONTRIBUTIONS.—A collec-
tive bargaining agreement may provide for supple-
915 
mental contributions to the legacy plan for a plan 
year in excess of the transition contribution rate de-
termined under paragraph (2), regardless of whether 
the legacy plan is in endangered or critical status for 
such plan year. 
‘‘(e) NONAPPLICATION OF COMPOSITE PLAN RESTRIC-
TIONS.— 
‘‘(1) IN GENERAL.—The provisions of subsections 
(a), (b), and (c) shall not apply with respect to a col-
lective bargaining agreement, to the extent the agree-
ment, or a predecessor agreement, provides or pro-
vided for contributions to a defined benefit plan that 
is a legacy plan, as of the first day of the first plan 
year following a plan year for which the plan actuary 
certifies that the plan is fully funded, has been fully 
funded for at least three out of the immediately pre-
ceding 5 plan years, and is projected to remain fully 
funded for at least the following 4 plan years. 
‘‘(2) DETERMINATION
OF
FULLY
FUNDED.—A 
plan is fully funded for purposes of paragraph (1) if, 
as of the valuation date of the plan for a plan year, 
the value of the plan’s assets equals or exceeds the 
present value of the plan’s liabilities, determined in 
accordance with the rules prescribed by the Pension 
Benefit 
Guaranty 
Corporation 
under 
sections
916 
4219(c)(1)(D) and 4281 of Employee Retirement In-
come and Security Act for multiemployer plans ter-
minating by mass withdrawal, as in effect for the 
date of the determination, except the plan’s reasonable 
assumption regarding the starting date of benefits 
may be used. 
‘‘(3) OTHER
APPLICABLE
RULES.—Except as 
provided in paragraph (2), actuarial determinations 
and projections under this section shall be based on 
the rules in section 432(b)(3) and section 438(b). 
‘‘SEC. 440B. MERGERS AND ASSET TRANSFERS OF COM-
POSITE PLANS. 
‘‘(a) IN GENERAL.—Assets and liabilities of a com-
posite plan may only be merged with, or transferred to, an-
other plan if— 
‘‘(1) the other plan is a composite plan, 
‘‘(2) the plan or plans resulting from the merger 
or transfer is a composite plan, 
‘‘(3) no participant’s accrued benefit or adjust-
able benefit is lower immediately after the transaction 
than it was immediately before the transaction, and 
‘‘(4) the value of the assets transferred in the 
case of a transfer reasonably reflects the value of the 
amounts contributed with respect to the participants 
whose benefits are being transferred, adjusted for allo-
917 
cable distributions, investment gains and losses, and 
administrative expenses. 
‘‘(b) LEGACY PLAN.— 
‘‘(1) IN GENERAL.—After a merger or transfer 
involving a composite plan, the legacy plan with re-
spect to an employer that is obligated to contribute to 
the resulting composite plan is the legacy plan that 
applied to that employer immediately before the 
merger or transfer. 
‘‘(2) MULTIPLE LEGACY PLANS.—If an employer 
is obligated to contribute to more than one legacy 
plan with respect to employees eligible to accrue bene-
fits under more than one composite plan and there is 
a merger or transfer of such legacy plans, the transi-
tion contribution rate applicable to the legacy plan 
resulting from the merger or transfer with respect to 
that employer shall be determined in accordance with 
the provisions of section 440A(d)(2)(B).’’. 
(2) CLERICAL AMENDMENT.—The table of sub-
parts for part III of subchapter D of chapter 1 of the 
Internal Revenue Code of 1986 is amended by adding 
at the end the following new item: 
‘‘SUBPART C. COMPOSITE PLANS AND LEGACY PLANS’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall apply to plan years beginning after the date 
of the enactment of this Act.
919 
lations that take into account the differences be-
tween a composite plan and a defined benefit 
plan that is a multiemployer plan.’’; 
(B) in subsection (f) by adding at the end 
the following: 
‘‘(3) ADDITIONAL INFORMATION FOR COMPOSITE 
PLANS.—With respect to any composite plan— 
‘‘(A) the provisions of paragraph (1)(A) 
shall apply by substituting ‘current funded ratio 
and projected funded ratio (as such terms are de-
fined in section 802(a)(2))’ for ‘funded percent-
age’ each place it appears; and 
‘‘(B) the provisions of paragraph (2) shall 
apply only to the extent prescribed by the Sec-
retary in regulations that take into account the 
differences between a composite plan and a de-
fined benefit plan that is a multiemployer 
plan.’’; and 
(C) by adding at the end the following: 
‘‘(h) COMPOSITE PLANS.—A multiemployer plan that 
incorporates the features of a composite plan as provided 
in section 801(b) shall be treated as a single plan for pur-
poses of the report required by this section, except that sepa-
rate financial statements and actuarial statements shall be 
provided under paragraphs (3) and (4) of subsection (a)
920 
for the defined benefit plan component and for the com-
posite plan component of the multiemployer plan.’’. 
(3) TREATMENT
FOR
PURPOSES
OF
PENSION 
BENEFIT STATEMENTS.—Section 105(a) of the Em-
ployee Retirement Income Security Act of 1974 (29 
U.S.C. 1025(a)) is amended by adding at the end the 
following: 
‘‘(4) COMPOSITE PLANS.—For purposes of this 
subsection, a composite plan shall be treated as a de-
fined benefit plan to the extent prescribed by the Sec-
retary in regulations that take into account the dif-
ferences between a composite plan and a defined ben-
efit plan that is a multiemployer plan.’’. 
(b) AMENDMENTS TO THE INTERNAL REVENUE CODE 
OF 1986.—Section 6058 of the Internal Revenue Code of 
1986 is amended by redesignating subsection (f) as sub-
section (g) and by inserting after subsection (e) the fol-
lowing: 
‘‘(f) COMPOSITE PLANS.—A multiemployer plan that 
incorporates the features of a composite plan as provided 
in section 437(b) shall be treated as a single plan for pur-
poses of the return required by this section, except that sepa-
rate financial statements shall be provided for the defined 
benefit plan component and for the composite plan compo-
nent of the multiemployer plan.’’.
921 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall apply to plan years beginning after the date 
of the enactment of this Act. 
SEC. 104. TREATMENT OF COMPOSITE PLANS UNDER TITLE 
IV. 
(a) DEFINITION.—Section 4001(a) of the Employee 
Retirement Income Security Act of 1974 (29 U.S.C. 
1301(a)) is amended by striking the period at the end of 
paragraph (21) and inserting a semicolon and by adding 
at the end the following: 
‘‘(22) COMPOSITE PLAN.—The term ‘composite 
plan’ has the meaning set forth in section 801.’’. 
(b) COMPOSITE PLANS DISREGARDED
FOR CALCU-
LATING PREMIUMS.—Section 4006(a) of such Act (29 
U.S.C. 1306(a)) is amended by adding at the end the fol-
lowing: 
‘‘(9) The composite plan component of a multi-
employer plan shall be disregarded in determining the 
premiums due under this section from the multiem-
ployer plan.’’. 
(c) COMPOSITE
PLANS
NOT
COVERED.—Section 
4021(b)(1) of such Act (29 U.S.C. 1321(b)(1)) is amended 
by striking ‘‘Act’’ and inserting ‘‘Act, or a composite plan, 
as defined in paragraph (43) of section 3 of this Act’’.
922 
(d) NO WITHDRAWAL LIABILITY.—Section 4201 of 
such Act (29 U.S.C. 1381) is amended by adding at the 
end the following: 
‘‘(c) Contributions by an employer to the composite 
plan component of a multiemployer plan shall not be taken 
into account for any purpose under this title.’’. 
(e) NO
WITHDRAWAL
LIABILITY
FOR
CERTAIN 
PLANS.—Section 4201 of such Act (29 U.S.C. 1381) is fur-
ther amended by adding at the end the following: 
‘‘(d) Contributions by an employer to a multiemployer 
plan described in the except clause of section 3(35) of this 
Act pursuant to a collective bargaining agreement that spe-
cifically designates that such contributions shall be allo-
cated to the separate defined contribution accounts of par-
ticipants under the plan shall not be taken into account 
with respect to the defined benefit portion of the plan for 
any purpose under this title (including the determination 
of the employer’s highest contribution rate under section 
4219), even if, under the terms of the plan, participants 
have the option to transfer assets in their separate defined 
contribution accounts to the defined benefit portion of the 
plan in return for service credit under the defined benefit 
portion, at rates established by the plan sponsor. 
‘‘(e) A legacy plan created under section 805 shall be 
deemed to have no unfunded vested benefits for purposes of
923 
this part, for each plan year following a period of 5 consecu-
tive plan years for which— 
‘‘(1) the plan was fully funded within the mean-
ing of section 805 for at least 3 of the plan years dur-
ing that period, ending with a plan year for which 
the plan is fully funded; 
‘‘(2) the plan had no unfunded vested benefits for 
at least 3 of the plan years during that period, end-
ing with a plan year for which the plan is fully fund-
ed; and 
‘‘(3) the plan is projected to be fully funded and 
to have no unfunded vested benefits for the following 
four plan years.’’. 
(f) NO WITHDRAWAL LIABILITY FOR EMPLOYERS CON-
TRIBUTING TO CERTAIN FULLY FUNDED LEGACY PLANS.— 
Section 4211 of such Act (29 U.S.C. 1382) is amended by 
adding at the end the following: 
‘‘(g) No amount of unfunded vested benefits shall be 
allocated to an employer that has an obligation to con-
tribute to a legacy plan described in subsection (e) of section 
4201 for each plan year for which such subsection applies.’’. 
(g) NO OBLIGATION TO CONTRIBUTE.—Section 4212 
of such Act (29 U.S.C. 1392) is amended by adding at the 
end the following:
924 
‘‘(d) NO OBLIGATION TO CONTRIBUTE.—An employer 
shall not be treated as having an obligation to contribute 
to a multiemployer defined benefit plan within the meaning 
of subsection (a) solely because— 
‘‘(1) in the case of a multiemployer plan that in-
cludes a composite plan component, the employer has 
an obligation to contribute to the composite plan com-
ponent of the plan; 
‘‘(2) the employer has an obligation to contribute 
to a composite plan that is maintained pursuant to 
one or more collective bargaining agreements under 
which the multiemployer defined benefit plan is or 
previously was maintained; or 
‘‘(3) the employer contributes or has contributed 
under section 805(d) to a legacy plan associated with 
a composite plan pursuant to a collective bargaining 
agreement but employees of that employer were not el-
igible to accrue benefits under the legacy plan with 
respect to service with that employer.’’. 
(h) NO INFERENCE.—Nothing in the amendment made 
by subsection (e) shall be construed to create an inference 
with respect to the treatment under title IV of the Employee 
Retirement Income Security Act of 1974, as in effect before 
such amendment, of contributions by an employer to a mul-
tiemployer plan described in the except clause of section
925 
3(35) of such Act that are made before the effective date 
of subsection (e) specified in subsection (h)(2). 
(i) EFFECTIVE DATE.— 
(1) IN GENERAL.—Except as provided in sub-
paragraph (2), the amendments made by this section 
shall apply to plan years beginning after the date of 
the enactment of this Act. 
(2) SPECIAL RULE FOR SECTION 414(k) MULTI-
EMPLOYER
PLANS.—The amendment made by sub-
section (e) shall apply only to required contributions 
payable for plan years beginning after the date of the 
enactment of this Act. 
SEC. 105. CONFORMING CHANGES. 
(a) DEFINITIONS.—Section 3 of the Employee Retire-
ment Income Security Act of 1974 (29 U.S.C. 1002) is 
amended— 
(1) in paragraph (35), by inserting ‘‘or a com-
posite plan’’ after ‘‘other than an individual account 
plan’’; and 
(2) by adding at the end the following: 
‘‘(43) The term ‘composite plan’ has the meaning 
given the term in section 801(a).’’. 
(b) SPECIAL FUNDING RULE FOR CERTAIN LEGACY 
PLANS.—
927 
benefit plan, the plan sponsor may combine the out-
standing balance of all charge and credit bases and 
amortize that combined base in level annual install-
ments (until fully amortized) over a period of 25 plan 
years beginning with the plan year following the date 
on which all benefit accruals ceased.’’. 
(c) BENEFITS AFTER MERGER, CONSOLIDATION, OR 
TRANSFER OF ASSETS.— 
(1) AMENDMENT TO EMPLOYEE RETIREMENT IN-
COME SECURITY ACT OF 1974.—Section 208 of the 
Employee Retirement Income Security Act of 1974 
(29 U.S.C. 1058) is amended— 
(A) by striking so much of the first sentence 
as precedes ‘‘may not merge’’ and inserting the 
following: 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), a pension plan may not merge, and’’; and 
(B) by striking the second sentence and 
adding at the end the following: 
‘‘(2) SPECIAL
REQUIREMENTS
FOR
MULTIEM-
PLOYER PLANS.—Paragraph (1) shall not apply to 
any transaction to the extent that participants either 
before or after the transaction are covered under a 
multiemployer plan to which title IV of this Act ap-
plies or a composite plan.’’.
928 
(2) AMENDMENTS TO INTERNAL REVENUE CODE 
OF 1986.— 
(A) QUALIFICATION
REQUIREMENT.—Sec-
tion 401(a)(12) of the Internal Revenue Code of 
1986 is amended— 
(i) by striking ‘‘(12) A trust’’ and in-
serting the following: 
‘‘(12) BENEFITS
AFTER
MERGER, CONSOLIDA-
TION, OR TRANSFER OF ASSETS.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), a trust’’; 
(ii) by striking the second sentence; 
and 
(iii) by adding at the end the fol-
lowing: 
‘‘(B) SPECIAL REQUIREMENTS FOR MULTI-
EMPLOYER PLANS.—Subparagraph (A) shall not 
apply to any multiemployer plan with respect to 
any transaction to the extent that participants 
either before or after the transaction are covered 
under a multiemployer plan to which title IV of 
the Employee Retirement Income Security Act of 
1974 applies or a composite plan.’’.
929 
(B) ADDITIONAL QUALIFICATION REQUIRE-
MENT.—Paragraph (1) of section 414(l) of such 
Code is amended— 
(i) by striking ‘‘(1) IN GENERAL’’ and 
all that follows through ‘‘shall not con-
stitute’’ and inserting the following: 
‘‘(1) BENEFIT PROTECTIONS: MERGER, CONSOLI-
DATION, TRANSFER.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), a trust which forms a part of 
a plan shall not constitute’’; and 
(ii) by striking the second sentence; 
and 
(iii) by adding at the end the fol-
lowing: 
‘‘(B) SPECIAL REQUIREMENTS FOR MULTI-
EMPLOYER PLANS.—Subparagraph (A) does not 
apply to any multiemployer plan with respect to 
any transaction to the extent that participants 
either before or after the transaction are covered 
under a multiemployer plan to which title IV of 
the Employee Retirement Income Security Act of 
1974 applies or a composite plan.’’. 
(d) REQUIREMENTS FOR STATUS AS A QUALIFIED 
PLAN.—
930 
(1) REQUIREMENT
THAT
ACTUARIAL
ASSUMP-
TIONS BE SPECIFIED.—Section 401(a)(25) of the In-
ternal Revenue Code of 1986 is amended by inserting 
‘‘(in the case of a composite plan, benefits objectively 
calculated pursuant to a formula)’’ after ‘‘definitely 
determinable benefits’’. 
(2) MISSING
PARTICIPANTS
IN
TERMINATING 
COMPOSITE PLAN.—Section 401(a)(34) of the Internal 
Revenue Code of 1986 is amended by striking ‘‘, a 
trust’’ and inserting ‘‘or a composite plan, a trust’’. 
(e) DEDUCTION FOR CONTRIBUTIONS TO A QUALIFIED 
PLAN.—Section 404(a)(1) of the Internal Revenue Code of 
1986 is amended by redesignating subparagraph (E) as 
subparagraph (F) and by inserting after subparagraph (D) 
the following: 
‘‘(E) COMPOSITE PLANS.— 
‘‘(i) IN GENERAL.—In the case of a 
composite plan, subparagraph (D) shall not 
apply and the maximum amount deductible 
for a plan year shall be the excess (if any) 
of— 
‘‘(I) 160 percent of the greater 
of— 
‘‘(aa) the current liability of 
the plan determined in accordance
931 
with the principles of section 
431(c)(6)(D), or 
‘‘(bb) the present value of 
plan liabilities as determined 
under section 438, over 
‘‘(II) the fair market value of the 
plan’s assets, projected to the end of the 
plan year. 
‘‘(ii) SPECIAL
RULES
FOR
PREDE-
CESSOR
MULTIEMPLOYER
PLAN
TO
COM-
POSITE PLAN.— 
‘‘(I) IN GENERAL.—Except as pro-
vided in subclause (II), if an employer 
contributes to a composite plan with 
respect to its employees, contributions 
by that employer to a multiemployer 
defined benefit plan with respect to 
some or all of the same group of em-
ployees shall be deductible under sec-
tions 162 and this section, subject to 
the limits in subparagraph (D). 
‘‘(II) 
TRANSITION
CONTRIBU-
TION.—The full amount of a contribu-
tion to satisfy the transition contribu-
tion requirement (as defined in section
932 
440A(d)) and allocated to the legacy 
defined benefit plan for the plan year 
shall be deductible for the employer’s 
taxable year ending with or within the 
plan year.’’. 
(f) MINIMUM VESTING STANDARDS.— 
(1) YEARS
OF
SERVICE
UNDER
COMPOSITE 
PLANS.— 
(A) EMPLOYEE RETIREMENT INCOME SECU-
RITY ACT OF 1974.—Section 203 of the Employee 
Retirement Income Security Act of 1974 (29 
U.S.C. 1053) is amended by inserting after sub-
section (f) the following: 
‘‘(g) SPECIAL RULES
FOR COMPUTING YEARS
OF 
SERVICE UNDER COMPOSITE PLANS.— 
‘‘(1) IN GENERAL.—In determining a qualified 
employee’s years of service under a composite plan for 
purposes of this section, the employee’s years of serv-
ice under a legacy plan shall be treated as years of 
service earned under the composite plan. For purposes 
of such determination, a composite plan shall not be 
treated as a defined benefit plan pursuant to section 
801(d). 
‘‘(2) QUALIFIED
EMPLOYEE.—For purposes of 
this subsection, an employee is a qualified employee
933 
if the employee first completes an hour of service 
under the composite plan (determined without regard 
to the provisions of this subsection) within the 12- 
month period immediately preceding or the 24-month 
period immediately following the date the employee 
ceased to accrue benefits under the legacy plan. 
‘‘(3) CERTIFICATION OF YEARS OF SERVICE.— 
For purposes of paragraph (1), the plan sponsor of 
the composite plan shall rely on a written certifi-
cation by the plan sponsor of the legacy plan of the 
years of service the qualified employee completed 
under the defined benefit plan as of the date the em-
ployee satisfies the requirements of paragraph (2), 
disregarding any years of service that had been for-
feited under the rules of the defined benefit plan before 
that date. 
‘‘(h) SPECIAL RULES
FOR COMPUTING YEARS
OF 
SERVICE UNDER LEGACY PLANS.— 
‘‘(1) IN GENERAL.—In determining a qualified 
employee’s years of service under a legacy plan for 
purposes of this section, and in addition to any serv-
ice under applicable regulations, the employee’s years 
of service under a composite plan shall be treated as 
years of service earned under the legacy plan. For 
purposes of such determination, a composite plan
934 
shall not be treated as a defined benefit plan pursu-
ant to section 801(d). 
‘‘(2) QUALIFIED
EMPLOYEE.—For purposes of 
this subsection, an employee is a qualified employee 
if the employee first completes an hour of service 
under the composite plan (determined without regard 
to the provisions of this subsection) within the 12- 
month period immediately preceding or the 24-month 
period immediately following the date the employee 
ceased to accrue benefits under the legacy plan. 
‘‘(3) CERTIFICATION OF YEARS OF SERVICE.— 
For purposes of paragraph (1), the plan sponsor of 
the legacy plan shall rely on a written certification 
by the plan sponsor of the composite plan of the years 
of service the qualified employee completed under the 
composite plan after the employee satisfies the re-
quirements of paragraph (2), disregarding any years 
of service that has been forfeited under the rules of the 
composite plan.’’. 
(B) INTERNAL REVENUE CODE OF 1986.— 
Section 411(a) of the Internal Revenue Code of 
1986 is amended by adding at the end the fol-
lowing: 
‘‘(14) SPECIAL RULES FOR DETERMINING YEARS 
OF SERVICE UNDER COMPOSITE PLANS.—
935 
‘‘(A) IN
GENERAL.—In determining a 
qualified employee’s years of service under a 
composite plan for purposes of this subsection, 
the employee’s years of service under a legacy 
plan shall be treated as years of service earned 
under the composite plan. For purposes of such 
determination, a composite plan shall not be 
treated as a defined benefit plan pursuant to sec-
tion 437(d). 
‘‘(B) QUALIFIED EMPLOYEE.—For purposes 
of this paragraph, an employee is a qualified 
employee if the employee first completes an hour 
of service under the composite plan (determined 
without regard to the provisions of this para-
graph) within the 12-month period immediately 
preceding or the 24-month period immediately 
following the date the employee ceased to accrue 
benefits under the legacy plan. 
‘‘(C) CERTIFICATION OF YEARS OF SERV-
ICE.—For purposes of subparagraph (A), the 
plan sponsor of the composite plan shall rely on 
a written certification by the plan sponsor of the 
legacy plan of the years of service the qualified 
employee completed under the legacy plan as of 
the date the employee satisfies the requirements
936 
of subparagraph (B), disregarding any years of 
service that had been forfeited under the rules of 
the defined benefit plan before that date. 
‘‘(15) SPECIAL RULES FOR COMPUTING YEARS OF 
SERVICE UNDER LEGACY PLANS.— 
‘‘(A) IN
GENERAL.—In determining a 
qualified employee’s years of service under a leg-
acy plan for purposes of this section, and in ad-
dition to any service under applicable regula-
tions, the employee’s years of service under a 
composite plan shall be treated as years of serv-
ice earned under the legacy plan. For purposes 
of such determination, a composite plan shall 
not be treated as a defined benefit plan pursuant 
to section 437(d). 
‘‘(B) QUALIFIED EMPLOYEE.—For purposes 
of this paragraph, an employee is a qualified 
employee if the employee first completes an hour 
of service under the composite plan (determined 
without regard to the provisions of this para-
graph) within the 12-month period immediately 
preceding or the 24-month period immediately 
following the date the employee ceased to accrue 
benefits under the legacy plan.
937 
‘‘(C) CERTIFICATION OF YEARS OF SERV-
ICE.—For purposes of subparagraph (A), the 
plan sponsor of the legacy plan shall rely on a 
written certification by the plan sponsor of the 
composite plan of the years of service the quali-
fied employee completed under the composite 
plan after the employee satisfies the requirements 
of subparagraph (B), disregarding any years of 
service that has been forfeited under the rules of 
the composite plan.’’. 
(2) REDUCTION OF BENEFITS.— 
(A) EMPLOYEE RETIREMENT INCOME SECU-
RITY ACT OF 1974.—Section 203(a)(3)(E)(ii) of 
the Employee Retirement Income Security Act of 
1974 (29 U.S.C. 1053(a)(3)(E)(ii)) is amend-
ed— 
(i) 
in 
subclause 
(I) 
by 
striking 
‘‘4244A’’ and inserting ‘‘305(e), 803,’’; and 
(ii) in subclause (II) by striking 
‘‘4245’’ and inserting ‘‘305(e), 4245,’’. 
(B) INTERNAL REVENUE CODE OF 1986.— 
Section 411(a)(3)(F) of the Internal Revenue 
Code of 1986 is amended— 
(i) in clause (i) by striking ‘‘section 
418D or under section 4281 of the Em-
938 
ployee Retirement Income Security Act of 
1974’’ and inserting ‘‘section 432(e) or 439 
or under section 4281 of the Employee Re-
tirement Income Security Act of 1974’’; and 
(ii) in clause (ii) by inserting ‘‘or 
432(e)’’ after ‘‘section 418E’’. 
(3) ACCRUED BENEFIT REQUIREMENTS.— 
(A) EMPLOYEE RETIREMENT INCOME SECU-
RITY ACT OF 1974.—Section 204(b)(1)(B)(i) of 
the Employee Retirement Income Security Act of 
1974 (29 U.S.C. 1054(b)(1)(B)(i)) is amended by 
inserting ‘‘, including an amendment reducing 
or suspending benefits under section 305(e), 803, 
4245 or 4281,’’ after ‘‘any amendment to the 
plan’’. 
(B) INTERNAL REVENUE CODE OF 1986.— 
Section 411(b)(1)(B)(i) of the Internal Revenue 
Code of 1986 is amended by inserting ‘‘, includ-
ing an amendment reducing or suspending bene-
fits under section 418E, 432(e) or 439, or under 
section 4281 of the Employee Retirement Income 
Security Act of 1974,’’ after ‘‘any amendment to 
the plan’’. 
(4) ADDITIONAL
ACCRUED
BENEFIT
REQUIRE-
MENTS.—
939 
(A) EMPLOYEE RETIREMENT INCOME SECU-
RITY ACT OF 1974.—Section 204(b)(1)(H)(v) of 
the Employee Retirement Income Security Act of 
1974 (29 U.S.C. 1053(b)(1)(H)(v)) is amended 
by inserting before the period at the end the fol-
lowing: ‘‘, or benefits are reduced or suspended 
under section 305(e), 803, 4245, or 4281’’. 
(B) INTERNAL REVENUE CODE OF 1986.— 
Section 411(b)(1)(H)(iv) of the Internal Revenue 
Code of 1986 is amended— 
(i) in the heading by striking ‘‘BEN-
EFIT’’ and inserting ‘‘BENEFIT
AND
THE 
SUSPENSION AND REDUCTION OF CERTAIN 
BENEFITS’’; and 
(ii) in the text by inserting before the 
period at the end the following: ‘‘, or bene-
fits are reduced or suspended under section 
418E, 432(e), or 439, or under section 4281 
of the Employee Retirement Income Secu-
rity Act of 1974’’. 
(5) ACCRUED BENEFIT NOT TO BE DECREASED 
BY AMENDMENT.— 
(A) EMPLOYEE RETIREMENT INCOME SECU-
RITY ACT OF 1974.—Section 204(g)(1) of the Em-
ployee Retirement Income Security Act of 1974
940 
(29 U.S.C. 1053(g)(1)) is amended by inserting 
after ‘‘302(d)(2)’’ the following: ‘‘, 305(e), 803, 
4245,’’. 
(B) INTERNAL REVENUE CODE OF 1986.— 
Section 411(d)(6)(A) of the Internal Revenue 
Code of 1986 is amended by inserting after 
‘‘412(d)(2),’’ the following: ‘‘418E, 432(e), or 
439,’’. 
(g) CERTAIN FUNDING RULES NOT APPLICABLE.— 
(1) EMPLOYEE RETIREMENT INCOME SECURITY 
ACT OF 1974.—Section 305 of the Employee Retire-
ment Income Security Act of 1974 (29 U.S.C. 1085) 
is amended by adding at the end the following: 
‘‘(k) LEGACY PLANS.—Sections 302, 304, and 305 
shall not apply to an employer that has an obligation to 
contribute to a plan that is a legacy plan within the mean-
ing of section 805(a) solely because the employer has an 
obligation to contribute to a composite plan described in 
section 801 that is associated with that legacy plan.’’. 
(2) INTERNAL REVENUE CODE OF 1986.—Section 
432 of the Internal Revenue Code of 1986 is amended 
by adding at the end the following: 
‘‘(k) LEGACY PLANS.—Sections 412, 431, and 432 
shall not apply to an employer that has an obligation to 
contribute to a plan that is a legacy plan within the mean-
941 
ing of section 440A(a) solely because the employer has an 
obligation to contribute to a composite plan described in 
section 437 that is associated with that legacy plan.’’. 
(h) TERMINATION
OF
COMPOSITE
PLAN.—Section 
403(d) of the Employee Retirement Income Security Act of 
1974 (29 U.S.C. 1103(d) is amended— 
(1) in paragraph (1), by striking ‘‘regulations of 
the Secretary.’’ and inserting ‘‘regulations of the Sec-
retary, or as provided in paragraph (3).’’; and 
(2) by adding at the end the following: 
‘‘(3) Section 4044(a) of this Act shall be applied 
in the case of the termination of a composite plan 
by— 
‘‘(A) limiting the benefits subject to para-
graph (3) thereof to benefits as defined in section 
802(b)(3)(B); and 
‘‘(B) including in the benefits subject to 
paragraph (4) all other benefits (if any) of indi-
viduals under the plan that would be guaranteed 
under section 4022A if the plan were subject to 
title IV.’’. 
(i) GOOD FAITH COMPLIANCE PRIOR TO GUIDANCE.— 
Where the implementation of any provision of law added 
or amended by this division is subject to issuance of regula-
tions by the Secretary of Labor, the Secretary of the Treas-
942 
ury, or the Pension Benefit Guaranty Corporation, a multi-
employer plan shall not be treated as failing to meet the 
requirements of any such provision prior to the issuance 
of final regulations or other guidance to carry out such pro-
vision if such plan is operated in accordance with a reason-
able, good faith interpretation of such provision. 
SEC. 106. EFFECTIVE DATE. 
Unless otherwise specified, the amendments made by 
this division shall apply to plan years beginning after the 
date of the enactment of this Act. 
DIVISION I—CONTINUED ASSIST-
ANCE 
TO 
UNEMPLOYED 
WORKERS 
TITLE I—EXTENSIONS OF CARES 
ACT UNEMPLOYMENT BENE-
FITS FOR WORKERS 
SEC. 101. EXTENSION OF FEDERAL PANDEMIC UNEMPLOY-
MENT COMPENSATION. 
(a) IN GENERAL.—Section 2104(e) of the CARES Act 
(Public Law 116–136) is amended to read as follows: 
‘‘(e) APPLICABILITY.— 
‘‘(1) IN GENERAL.—An agreement entered into 
under this section shall apply—
943 
‘‘(A) to weeks of unemployment beginning 
after the date on which such agreement is entered 
into and ending on or before July 31, 2020; and 
‘‘(B) to weeks of unemployment beginning 
after September 5, 2020 (or, if later, the date on 
which such agreement is entered into) and end-
ing on or before January 31, 2021. 
‘‘(2) TRANSITION
RULE
FOR
INDIVIDUALS
RE-
MAINING ENTITLED TO REGULAR COMPENSATION AS 
OF JANUARY 31, 2021.—In the case of any individual 
who, as of the date specified in paragraph (1)(B), has 
not yet exhausted all rights to regular compensation 
under the State law of a State with respect to a ben-
efit year that began before such date, Federal Pan-
demic Unemployment Compensation shall continue to 
be payable to such individual for any week beginning 
on or after such date for which the individual is oth-
erwise eligible for regular compensation with respect 
to such benefit year. 
‘‘(3) TERMINATION.—Notwithstanding any other 
provision of this subsection, no Federal Pandemic 
Unemployment Compensation shall be payable for 
any week beginning after March 31, 2021.’’. 
(b) LIMITATION
ON APPLICATION
OF TRANSITION 
RULE.—Section 2104(g) of such Act is amended by insert-
944 
ing ‘‘(except for subsection (e)(2))’’ after ‘‘the preceding pro-
visions of this section’’. 
(c) DISREGARD OF FEDERAL PANDEMIC UNEMPLOY-
MENT COMPENSATION FOR CERTAIN PURPOSES.—Section 
2104(h) of such Act is amended to read as follows: 
‘‘(h) DISREGARD OF FEDERAL PANDEMIC UNEMPLOY-
MENT COMPENSATION FOR PURPOSES OF ALL FEDERAL 
AND FEDERALLY ASSISTED PROGRAMS.—A Federal Pan-
demic Unemployment Compensation payment shall not be 
regarded as income and shall not be regarded as a resource 
for the month of receipt and the following 9 months, for 
purposes of determining the eligibility of the recipient (or 
the recipient’s spouse or family) for benefits or assistance, 
or the amount or extent of benefits or assistance, under any 
Federal program or under any State or local program fi-
nanced in whole or in part with Federal funds.’’. 
(d) EFFECTIVE DATE.—The amendments made by this 
section shall take effect as if included in the enactment of 
the CARES Act (Public Law 116–136). 
SEC. 102. EXTENSION OF PANDEMIC UNEMPLOYMENT AS-
SISTANCE. 
Section 2102(c) of the CARES Act (15 U.S.C. 9021(c)) 
is amended by striking ‘‘December 31, 2020’’ and inserting 
‘‘January 31, 2021’’.
945 
SEC. 103. EXTENSION OF PANDEMIC EMERGENCY UNEM-
PLOYMENT COMPENSATION. 
Section 2107(g)(2) of the CARES Act (15 U.S.C. 
9025(g)(2)) is amended by striking ‘‘December 31, 2020’’ 
and inserting ‘‘January 31, 2021’’. 
SEC. 104. EXTENSION OF TEMPORARY FINANCING OF 
SHORT-TIME COMPENSATION PAYMENTS IN 
STATES WITH PROGRAMS IN LAW. 
Section 2108(b)(2) of the CARES Act (15 U.S.C. 
9026(b)(2)) is amended by striking ‘‘December 31, 2020’’ 
and inserting ‘‘January 31, 2021’’. 
SEC. 105. EXTENSION OF TEMPORARY FINANCING OF 
SHORT-TIME COMPENSATION AGREEMENTS. 
Section 2109(d)(2) of the CARES Act (15 U.S.C. 
9027(d)(2)) is amended by striking ‘‘December 31, 2020’’ 
and inserting ‘‘January 31, 2021’’. 
SEC. 106. EXTENSION OF FULL FEDERAL FUNDING OF THE 
FIRST WEEK OF COMPENSABLE REGULAR UN-
EMPLOYMENT FOR STATES WITH NO WAITING 
WEEK. 
Section 2105(e)(2) of the CARES Act (15 U.S.C. 
9024(e)(2)) is amended by striking ‘‘December 31, 2020’’ 
and inserting ‘‘January 31, 2021’’.
946 
TITLE II—ADDITIONAL WEEKS 
OF BENEFIT ELIGIBILITY 
SEC. 201. ADDITIONAL WEEKS. 
Subtitle A of title II of division A of the CARES Act 
(15 U.S.C. 9021 et seq.) is amended by inserting after sec-
tion 2107 the following: 
‘‘SEC. 2107A. PANDEMIC EMERGENCY UNEMPLOYMENT EX-
TENSION COMPENSATION. 
‘‘(a) FEDERAL-STATE AGREEMENTS.— 
‘‘(1) IN GENERAL.—Any State which desires to 
do so may enter into and participate in an agreement 
under this section with the Secretary of Labor (in this 
section referred to as the ‘Secretary’). Any State 
which is a party to an agreement under this section 
may, upon providing 30 days’ written notice to the 
Secretary, terminate such agreement. 
‘‘(2) PROVISIONS OF AGREEMENT.—Any agree-
ment under paragraph (1) shall provide that the 
State agency of the State will make payments (in this 
section referred to as ‘pandemic emergency unemploy-
ment extension compensation’) to individuals who— 
‘‘(A) have exhausted all rights to regular 
compensation, extended compensation, pandemic 
unemployment assistance under section 2102,
947 
and pandemic emergency unemployment com-
pensation under section 2107; 
‘‘(B) have no rights to any benefit specified 
in subparagraph (A) or to compensation under 
any other Federal law or under the unemploy-
ment compensation law of Canada; and 
‘‘(C) are able to work, available to work, 
and actively seeking work. 
‘‘(3) EXHAUSTION OF BENEFITS.—For purposes 
of paragraph (2)(A), an individual shall be deemed to 
have exhausted such individual’s rights to benefits 
specified in subparagraph (A) when— 
‘‘(A) no payments of such benefits can be 
made because such individual has received all 
such benefits available to such individual based 
on employment or wages during such individ-
ual’s base period; or 
‘‘(B) such individual’s rights to such bene-
fits have been terminated by reason of the expi-
ration of the benefit year with respect to which 
such rights existed. 
‘‘(4) WEEKLY BENEFIT AMOUNT, ETC.—For pur-
poses of any agreement under this section— 
‘‘(A) the amount of pandemic emergency 
unemployment extension compensation which
948 
shall be payable to any individual for any week 
of total unemployment shall be equal to— 
‘‘(i) the amount of the base compensa-
tion (including any dependents’ allowances) 
payable to such individual during such in-
dividual’s benefit year under the State law 
for a week of total unemployment; and 
‘‘(ii) the amount of Federal Pandemic 
Unemployment Compensation under section 
2104; 
‘‘(B) the terms and conditions of the State 
law which apply to claims for regular compensa-
tion and to the payment thereof (including terms 
and conditions relating to availability for work, 
active search for work, and refusal to accept 
work) shall apply to claims for pandemic emer-
gency unemployment extension compensation 
and the payment thereof, except where otherwise 
inconsistent with the provisions of this section or 
with the regulations or operating instructions of 
the Secretary promulgated to carry out this sec-
tion; 
‘‘(C) the maximum amount of pandemic 
emergency unemployment extension compensa-
tion payable to any individual for whom a pan-
949 
demic emergency unemployment extension com-
pensation account is established under subsection 
(b) shall not exceed the amount established in 
such account for such individual; and 
‘‘(D) the allowable methods of payment 
under section 2104(b)(2) shall apply to pay-
ments of amounts described in subparagraph 
(A)(ii). 
‘‘(5) NONREDUCTION RULE.— 
‘‘(A) IN
GENERAL.—An agreement under 
this section shall not apply (or shall cease to 
apply) with respect to a State upon a deter-
mination by the Secretary that the method gov-
erning the computation of regular compensation 
under the State law of that State has been modi-
fied in a manner such that the number of weeks 
(the maximum benefit entitlement), or the aver-
age weekly benefit amount, of regular compensa-
tion which will be payable during the period of 
the agreement will be less than the number of 
weeks, or the average weekly benefit amount, of 
the average weekly benefit amount of regular 
compensation which would otherwise have been 
payable during such period under the State law, 
as in effect on January 1, 2020.
950 
‘‘(B) MAXIMUM BENEFIT ENTITLEMENT.— 
In subparagraph (A), the term ‘maximum ben-
efit entitlement’ means the amount of regular 
compensation payable to an individual with re-
spect to the individual’s benefit year. 
‘‘(6) ACTIVELY SEEKING WORK.— 
‘‘(A) IN GENERAL.—For purposes of para-
graph (2)(C), the term ‘actively seeking work’ 
means, with respect to any individual, that such 
individual— 
‘‘(i) is registered for employment serv-
ices in such a manner and to such extent as 
prescribed by the State agency; 
‘‘(ii) has engaged in an active search 
for employment that is appropriate in light 
of the employment available in the labor 
market, the individual’s skills and capabili-
ties, and includes a number of employer 
contacts that is consistent with the stand-
ards communicated to the individual by the 
State; 
‘‘(iii) has maintained a record of such 
work search, including employers contacted, 
method of contact, and date contacted; and
951 
‘‘(iv) when requested, has provided 
such work search record to the State agency. 
‘‘(B) FLEXIBILITY.—Notwithstanding the 
requirements under subparagraph (A) and para-
graph (2)(C), a State shall provide flexibility in 
meeting such requirements in case of individuals 
unable to search for work because of COVID–19, 
including because of illness, quarantine, or move-
ment restriction. 
‘‘(b) PANDEMIC EMERGENCY UNEMPLOYMENT COM-
PENSATION ACCOUNT.— 
‘‘(1) IN GENERAL.—Any agreement under this 
section shall provide that the State will establish, for 
each eligible individual who files an application for 
pandemic emergency unemployment extension com-
pensation, a pandemic emergency unemployment ex-
tension compensation account with respect to such in-
dividual’s benefit year. 
‘‘(2) AMOUNT IN ACCOUNT.—The amount estab-
lished in an account under subsection (a) shall be 
equal to 13 times the individual’s average weekly ben-
efit amount, which includes the amount of Federal 
Pandemic Unemployment Compensation under sec-
tion 2104, for the benefit year.
952 
‘‘(3) WEEKLY BENEFIT AMOUNT.—For purposes 
of this subsection, an individual’s weekly benefit 
amount for any week is the amount of base compensa-
tion (including any dependents’ allowances) under the 
State law payable to such individual for such week 
for total unemployment plus the amount of Federal 
Pandemic Unemployment Compensation under sec-
tion 2104. 
‘‘(c) PAYMENTS TO STATES HAVING AGREEMENTS FOR 
THE PAYMENT OF PANDEMIC EMERGENCY UNEMPLOYMENT 
EXTENSION COMPENSATION.— 
‘‘(1) IN GENERAL.—There shall be paid to each 
State that has entered into an agreement under this 
section an amount equal to 100 percent of the pan-
demic emergency unemployment extension compensa-
tion paid to individuals by the State pursuant to 
such agreement. 
‘‘(2) TREATMENT OF REIMBURSABLE COMPENSA-
TION.—No payment shall be made to any State under 
this section in respect of any compensation to the ex-
tent the State is entitled to reimbursement in respect 
of such compensation under the provisions of any 
Federal law other than this section or chapter 85 of 
title 5, United States Code. A State shall not be enti-
tled to any reimbursement under such chapter 85 in
953 
respect of any compensation to the extent the State is 
entitled to reimbursement under this section in re-
spect of such compensation. 
‘‘(3) DETERMINATION OF AMOUNT.—Sums pay-
able to any State by reason of such State having an 
agreement under this section shall be payable, either 
in advance or by way of reimbursement (as may be 
determined by the Secretary), in such amounts as the 
Secretary estimates the State will be entitled to re-
ceive under this section for each calendar month, re-
duced or increased, as the case may be, by any 
amount by which the Secretary finds that the Sec-
retary’s estimates for any prior calendar month were 
greater or less than the amounts which should have 
been paid to the State. Such estimates may be made 
on the basis of such statistical, sampling, or other 
method as may be agreed upon by the Secretary and 
the State agency of the State involved. 
‘‘(d) FINANCING PROVISIONS.— 
‘‘(1) COMPENSATION.— 
‘‘(A) IN GENERAL.—Funds in the extended 
unemployment compensation account (as estab-
lished by section 905(a) of the Social Security 
Act (42 U.S.C. 1105(a)) of the Unemployment 
Trust Fund (as established by section 904(a) of
954 
such Act (42 U.S.C. 1104(a)) shall be used for 
the making of payments to States having agree-
ments entered into under this section. 
‘‘(B) 
TRANSFER
OF
FUNDS.—Notwith-
standing any other provision of law, the Sec-
retary of the Treasury shall transfer from the 
general fund of the Treasury (from funds not 
otherwise appropriated) to the extended unem-
ployment compensation account such sums as the 
Secretary of Labor estimates to be necessary to 
make payments described in subparagraph (A). 
There are appropriated from the general fund of 
the Treasury, without fiscal year limitation, the 
sums referred to in the preceding sentence and 
such sums shall not be required to be repaid. 
‘‘(2) ADMINISTRATION.— 
‘‘(A) IN GENERAL.—There are appropriated 
out of the employment security administration 
account (as established by section 901(a) of the 
Social Security Act (42 U.S.C. 1101(a)) of the 
Unemployment Trust Fund, without fiscal year 
limitation, such funds as may be necessary for 
purposes of assisting States (as provided in title 
III of the Social Security Act (42 U.S.C. 501 et
955 
seq.)) in meeting the costs of administration of 
agreements under this section. 
‘‘(B) 
TRANSFER
OF
FUNDS.—Notwith-
standing any other provision of law, the Sec-
retary of the Treasury shall transfer from the 
general fund of the Treasury (from funds not 
otherwise appropriated) to the employment secu-
rity administration account such sums as the 
Secretary of Labor estimates to be necessary to 
make payments described in subparagraph (A). 
There are appropriated from the general fund of 
the Treasury, without fiscal year limitation, the 
sums referred to in the preceding sentence and 
such sums shall not be required to be repaid. 
‘‘(3) CERTIFICATION.—The Secretary shall from 
time to time certify to the Secretary of the Treasury 
for payment to each State the sums payable to such 
State under this subsection. The Secretary of the 
Treasury, prior to audit or settlement by the Govern-
ment Accountability Office, shall make payments to 
the State in accordance with such certification, by 
transfers from the extended unemployment compensa-
tion account (as so established) to the account of such 
State in the Unemployment Trust Fund (as so estab-
lished).
956 
‘‘(e) FRAUD AND OVERPAYMENTS.— 
‘‘(1) IN GENERAL.—If an individual knowingly 
has made, or caused to be made by another, a false 
statement or representation of a material fact, or 
knowingly has failed, or caused another to fail, to dis-
close a material fact, and as a result of such false 
statement or representation or of such nondisclosure 
such individual has received an amount of pandemic 
emergency unemployment extension compensation 
under this section to which such individual was not 
entitled, such individual— 
‘‘(A) shall be ineligible for further pandemic 
emergency unemployment extension compensa-
tion under this section in accordance with the 
provisions of the applicable State unemployment 
compensation law relating to fraud in connec-
tion with a claim for unemployment compensa-
tion; and 
‘‘(B) shall be subject to prosecution under 
section 1001 of title 18, United States Code. 
‘‘(2) REPAYMENT.—In the case of individuals 
who have received amounts of pandemic emergency 
unemployment extension compensation under this sec-
tion to which they were not entitled, the State shall 
require such individuals to repay the amounts of such
957 
pandemic emergency unemployment extension com-
pensation to the State agency, except that the State 
agency may waive such repayment if it determines 
that— 
‘‘(A) the payment of such pandemic emer-
gency unemployment extension compensation 
was without fault on the part of any such indi-
vidual; and 
‘‘(B) such repayment would be contrary to 
equity and good conscience. 
‘‘(3) RECOVERY BY STATE AGENCY.— 
‘‘(A) IN GENERAL.—The State agency shall 
recover the amount to be repaid, or any part 
thereof, by deductions from any pandemic emer-
gency unemployment extension compensation 
payable to such individual under this section or 
from any unemployment compensation payable 
to such individual under any State or Federal 
unemployment compensation law administered 
by the State agency or under any other State or 
Federal law administered by the State agency 
which provides for the payment of any assistance 
or allowance with respect to any week of unem-
ployment, during the 3-year period after the date 
such individuals received the payment of the
958 
pandemic emergency unemployment extension 
compensation to which they were not entitled, in 
accordance with the same procedures as apply to 
the recovery of overpayments of regular unem-
ployment benefits paid by the State. 
‘‘(B) OPPORTUNITY FOR HEARING.—No re-
payment shall be required, and no deduction 
shall be made, until a determination has been 
made, notice thereof and an opportunity for a 
fair hearing has been given to the individual, 
and the determination has become final. 
‘‘(4) REVIEW.—Any determination by a State 
agency under this section shall be subject to review in 
the same manner and to the same extent as deter-
minations under the State unemployment compensa-
tion law, and only in that manner and to that extent. 
‘‘(f) DEFINITIONS.—In this section— 
‘‘(1) the terms ‘compensation’, ‘regular com-
pensation’, ‘extended compensation’, ‘benefit year’, 
‘base period’, ‘State’, ‘State agency’, ‘State law’, and 
‘week’ have the respective meanings given such terms 
under section 205 of the Federal-State Extended Un-
employment Compensation Act of 1970 (26 U.S.C. 
3304 note); and
959 
‘‘(2) the term ‘base compensation’ means, as ap-
plicable— 
‘‘(A) regular compensation; or 
‘‘(B) pandemic unemployment assistance 
under section 2102. 
‘‘(g) APPLICABILITY.—An agreement entered into 
under this section shall apply to weeks of unemployment— 
‘‘(1) beginning after the date on which such 
agreement is entered into; and 
‘‘(2) ending on or before January 31, 2021.’’. 
TITLE III—CLARIFICATIONS AND 
IMPROVEMENTS 
TO 
PAN-
DEMIC UNEMPLOYMENT AS-
SISTANCE 
SEC. 301. CLARIFICATION OF PANDEMIC UNEMPLOYMENT 
ASSISTANCE 
ELIGIBILITY 
FOR 
PRIMARY 
CAREGIVING. 
(a) IN GENERAL.—Section 2102(a)(3)(A)(ii)(I)(dd) of 
the CARES Act (15 U.S.C. 9021(a)(3)(A)(ii)(I)(dd)) is 
amended by striking ‘‘that is closed as a direct result of 
the COVID–19 public health emergency’’ and inserting ‘‘be-
cause the school or facility is closed or only partially re-
opened due to COVID–19, because child or family care is 
not available or affordable during the hours work is avail-
able due to COVID–19, or because physical attendance at
960 
the school or facility presents an unacceptable health risk 
for the household or the individual in need of care due to 
COVID–19,’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect upon the date of the enactment 
of this Act. 
SEC. 302. WAIVER AUTHORITY FOR CERTAIN OVERPAY-
MENTS OF PANDEMIC UNEMPLOYMENT AS-
SISTANCE. 
(a) IN GENERAL.—Section 2102(d) of the CARES Act 
(15 U.S.C. 9021(d)) is amended by adding at the end the 
following: 
‘‘(4) WAIVER AUTHORITY.—In the case of indi-
viduals who have received amounts of Pandemic Un-
employment Assistance to which they were not enti-
tled, the State shall require such individuals to repay 
the amounts of such Pandemic Unemployment Assist-
ance to the State agency, except that the State agency 
shall waive such repayment if it determines that— 
‘‘(A) the payment of such Pandemic Unem-
ployment Assistance was without fault on the 
part of any such individual; and 
‘‘(B) such repayment would be contrary to 
equity and good conscience.’’.
961 
(b) EFFECTIVE DATE.—The amendments made by this 
section shall take effect as if included in the enactment of 
the CARES Act (Public Law 116–136). 
SEC. 303. CLARIFICATION OF ACCESS TO PANDEMIC UNEM-
PLOYMENT ASSISTANCE FOR WORKERS AT 
BUSINESSES THAT REDUCED STAFF DUE TO 
THE PANDEMIC. 
(a) IN GENERAL.—Section 2102(a)(3)(A)(ii)(I)(jj) of 
the CARES Act (15 U.S.C. 9021(a)(3)(A)(ii)(I)(jj)) is 
amended by inserting ‘‘or its operations are otherwise cur-
tailed, including by reducing hours of operation, staffing 
levels, occupancy, or other changes that are recommended 
or required,’’ after ‘‘closed’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall apply with respect to weeks of unemploy-
ment beginning after the date of the enactment of this Act. 
SEC. 304. HOLD HARMLESS FOR PANDEMIC UNEMPLOY-
MENT ASSISTANCE. 
(a) IN GENERAL.—Section 2102(c) of the CARES Act 
(15 U.S.C. 9021(c)) is amended by adding at the end the 
following: 
‘‘(4) 
CONTINUED
ELIGIBILITY
FOR
ASSIST-
ANCE.—As a condition of continued eligibility for as-
sistance under this section, a covered individual shall 
submit a recertification to the State for each week
962 
after the individual’s 1st week of eligibility that cer-
tifies that the individual remains an individual de-
scribed in subsection (a)(3)(A)(ii) for such week.’’. 
(b) EFFECTIVE DATE; SPECIAL RULE.— 
(1) IN GENERAL.—The amendment made by sub-
section (a) shall apply with respect to weeks begin-
ning on or after the date that is 30 days after the 
date of enactment of this section. 
(2) SPECIAL RULE.—In the case of any State 
that made a good faith effort to implement section 
2102 of the CARES Act in accordance with rules 
similar to those provided in section 625.6 of title 20, 
Code of Federal Regulations, for weeks ending before 
the effective date specified in paragraph (1), an indi-
vidual who received Pandemic Unemployment Assist-
ance from such State for any such week shall not be 
considered ineligible for such assistance for such week 
solely by reason of failure to submit a recertification 
described in subsection (c)(4) of such section.
963 
TITLE IV—EXTENSION OF RE-
LIEF TO STATES AND EM-
PLOYERS 
SEC. 401. EXTENSION OF FULL FEDERAL FUNDING OF EX-
TENDED UNEMPLOYMENT COMPENSATION. 
Section 4105 of the Families First Coronavirus Re-
sponse Act (26 U.S.C. 3304 note) is amended by striking 
‘‘December 31, 2020’’ each place it appears and inserting 
‘‘June 30, 2021’’. 
SEC. 402. EXTENSION OF TEMPORARY ASSISTANCE FOR 
STATES WITH ADVANCES. 
Section 1202(b)(10)(A) of the Social Security Act (42 
U.S.C. 1322(b)(10)(A)) is amended by striking ‘‘December 
31, 2020’’ and inserting ‘‘June 30, 2021’’. 
SEC. 403. EXTENSION OF EMERGENCY RELIEF FOR GOVERN-
MENTAL ENTITIES AND NONPROFIT ORGANI-
ZATIONS. 
Section 903(i)(1)(D) of the Social Security Act (42 
U.S.C. 1103(i)(1)(D)) is amended by striking ‘‘December 
31, 2020’’ and inserting ‘‘June 30, 2021’’. 
TITLE V—CORRECTIVE ACTION 
FOR PROCESSING BACKLOGS 
SEC. 501. STATE REPORTING ON CLAIMS BACKLOGS. 
(a) IN GENERAL.—Section 2104 of the CARES Act (15 
U.S.C. 9023) is amended by adding at the end the following:
964 
‘‘(j) STATE ACCOUNTABILITY RELATING TO CLAIMS 
BACKLOGS.—As a condition of any agreement under this 
section, the following rules shall apply: 
‘‘(1) CLAIMS REPORTING.— 
‘‘(A) IN
GENERAL.—Each State partici-
pating in such an agreement shall submit to the 
Secretary of Labor on a weekly basis a report on 
the status in the State of any backlog of the proc-
essing of unemployment claims, including claims 
for regular compensation, extended compensa-
tion, Pandemic Unemployment Assistance, and 
Pandemic Emergency Unemployment Compensa-
tion. Such report shall include a description, 
with respect to the previous week, of each of the 
following: 
‘‘(i) The number of initial claims still 
in process, disaggregated by the number of 
such claims still pending— 
‘‘(I) because of nonmonetary de-
terminations; 
‘‘(II) because of monetary deter-
minations; 
‘‘(III) because of suspected fraud; 
and 
‘‘(IV) for any other reason.
965 
‘‘(ii) The number of initial claims de-
nied. 
‘‘(iii) The number of individuals with 
respect to whom a continued claim was 
paid. 
‘‘(iv) The number of individuals with 
respect to whom a continued claim is still 
in process, disaggregated by the number of 
such claims still pending— 
‘‘(I) because of nonmonetary de-
terminations; 
‘‘(II) because of monetary deter-
minations; 
‘‘(III) because of suspected fraud; 
and 
‘‘(IV) for any other reason. 
‘‘(v) The number of individuals with 
respect to whom a continued claims was de-
nied. 
‘‘(B) REPORT TO CONGRESS.—Upon receipt 
of a report described in subparagraph (A), the 
Secretary of Labor shall publish such report on 
the website of the Department of Labor and shall 
submit such report to the Committee on Ways
966 
and Means of the House of Representatives and 
the Committee on Finance of the Senate. 
‘‘(2) CORRECTIVE ACTION PLANS.— 
‘‘(A) IN GENERAL.—Not later than 90 days 
after the date of enactment of this subsection and 
at least every 90 days thereafter, each State par-
ticipating in such an agreement shall submit to 
the Secretary of Labor a corrective action plan 
that includes a description of the actions the 
State has taken and intends to take to address 
any backlog of the processing of unemployment 
claims described in paragraph (1)(A). The Sec-
retary may waive the requirement under this 
subparagraph with respect to any State that the 
Secretary determines has made adequate progress 
in addressing any such backlog. 
‘‘(B) TECHNICAL
ASSISTANCE.—The Sec-
retary of Labor shall make technical assistance 
available to States to the extent feasible to enable 
States to develop and implement corrective ac-
tion plans in accordance with this paragraph. If 
the Secretary of Labor determines at any time 
that a State has failed to take reasonable actions 
under a corrective action plan to address a 
claims backlog, the State shall collaborate with
967 
the Secretary to develop a subsequent corrective 
action plan to achieve clearly defined, targeted 
outcomes. 
‘‘(C) REPORT TO CONGRESS.—Upon receipt 
of a corrective action plan described in subpara-
graph (A), the Secretary of Labor shall publish 
such plan on the website of the Department of 
Labor and shall submit such report to the Com-
mittee on Ways and Means of the House of Rep-
resentatives and the Committee on Finance of the 
Senate.’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall apply with respect to weeks beginning after 
the date of enactment of this Act. 
TITLE VI—ADDITIONAL 
BENEFITS FOR MIXED EARNERS 
SECTION 601. MIXED EARNER UNEMPLOYMENT COMPENSA-
TION. 
(a) IN GENERAL.—Section 2104(b)(1) of the CARES 
Act (15 U.S.C. 9023(b)(1)) is amended— 
(1) in subparagraph (B), by striking the period 
at the end and inserting ‘‘, plus’’; and 
(2) by adding at the end the following: 
‘‘(C) an additional amount of $125 (in this 
section referred to as ‘Mixed Earner Unemploy-
968 
ment Compensation’) in any case in which the 
individual received at least $5,000 of self-em-
ployment income (as defined in section 1402(b) 
of the Internal Revenue Code of 1986) in the 
most recent taxable year ending prior to the in-
dividual’s application for regular compensa-
tion.’’. 
(b) CONFORMING AMENDMENTS.—Section 2104 of such 
Act is amended— 
(1) by inserting ‘‘or Mixed Earner Unemploy-
ment Compensation’’ after ‘‘Federal Pandemic Unem-
ployment Compensation’’ each place such term ap-
pears in subsection (b)(2), (c), or (f) of such section; 
(2) in subsection (d), by inserting ‘‘and Mixed 
Earner Unemployment Compensation’’ after ‘‘Federal 
Pandemic Unemployment Compensation’’; and 
(3) in subsection (g), by striking ‘‘provide that’’ 
and all that follows through the end and inserting 
‘‘provide that— 
‘‘(1) the purposes of the preceding provisions of 
this section, as such provisions apply with respect to 
Federal Pandemic Unemployment Compensation, 
shall be applied with respect to unemployment bene-
fits described in subsection (i)(2) to the same extent
969 
and in the same manner as if those benefits were reg-
ular compensation; and 
‘‘(2) the purposes of the preceding provisions of 
this section, as such provisions apply with respect to 
Mixed Earner Unemployment Compensation, shall be 
applied with respect to unemployment benefits de-
scribed in subparagraph (B) or (D) of subsection 
(i)(2) to the same extent and in the same manner as 
if those benefits were regular compensation.’’. 
(c) APPLICABILITY.—The amendments made by this 
section shall not apply with respect to a State participating 
in an agreement under section 2104 of the CARES Act un-
less the State so elects, in which case such amendments shall 
apply with respect to weeks of unemployment beginning on 
or after the later of the date of such election or the date 
of enactment of this section. 
TITLE VII—TECHNICAL 
CORRECTIONS 
SEC. 701. GRACE PERIOD FOR FULL FINANCING OF SHORT- 
TIME COMPENSATION PROGRAMS. 
Section 2108(c) of the CARES Act (15 U.S.C. 9026(c)) 
is amended by striking ‘‘shall be eligible’’ and all that fol-
lows through the end and inserting the following: ‘‘ 
‘‘shall be eligible—
970 
‘‘(1) for payments under subsection (a) for weeks 
of unemployment beginning after the effective date of 
such enactment; and 
‘‘(2) for an additional payment equal to the total 
amount of payments for which the State is eligible 
pursuant to an agreement under section 2109 for 
weeks of unemployment before such effective date.’’. 
SEC. 702. TECHNICAL CORRECTION FOR THE COMMON-
WEALTH OF NORTHERN MARIANA ISLANDS. 
A Commonwealth Only Transitional Worker (as de-
fined in section 6(i)(2) of the Joint Resolution entitled ‘‘A 
Joint Resolution to approve the ‘Covenant To Establish a 
Commonwealth of the Northern Mariana Islands in Polit-
ical Union with the United States of America’, and for 
other purposes’’ (48 U.S.C. 1806)) shall be considered a 
qualified alien under section 431 of Public Law 104–193 
(8 U.S.C. 1641) for purposes of eligibility for a benefit 
under section 2102 or 2104 of the CARES Act. 
SEC. 703. TECHNICAL AMENDMENT RELATING TO PAN-
DEMIC UNEMPLOYMENT ASSISTANCE. 
Section 2102(h) of the CARES Act (15 U.S.C. 
9021(h)) is amended by striking ‘‘section 625’’ each place 
it appears and inserting ‘‘part 625’’.
971 
DIVISION 
J—EMERGENCY 
AS-
SISTANCE, 
ELDER 
JUSTICE, 
AND CHILD AND FAMILY SUP-
PORT 
TITLE I—EMERGENCY 
ASSISTANCE 
SEC. 101. FUNDING TO STATES, LOCALITIES, AND COMMU-
NITY-BASED 
ORGANIZATIONS 
FOR 
EMER-
GENCY AID AND SERVICES. 
(a) FUNDING FOR STATES.— 
(1) INCREASE IN FUNDING FOR SOCIAL SERVICES 
BLOCK GRANT PROGRAM.— 
(A) IN GENERAL.—The amount specified in 
subsection (c) of section 2003 of the Social Secu-
rity Act for purposes of subsections (a) and (b) 
of such section is deemed to be $11,325,000,000 
for fiscal year 2020, of which $9,600,000,000 
shall be obligated by States in accordance with 
this subsection. 
(B) APPROPRIATION.—Out of any money in 
the Treasury of the United States not otherwise 
appropriated, 
there 
are 
appropriated 
$9,600,000,000, which shall be available for pay-
ments under section 2002 of the Social Security
972 
Act, which shall remain available until the end 
of fiscal year 2021. 
(C) 
DEADLINE
FOR
DISTRIBUTION
OF 
FUNDS.—Within 45 days after the date of the en-
actment of this Act, the Secretary of Health and 
Human Services shall distribute the funds made 
available by this paragraph, which shall be made 
available to States on an emergency basis for im-
mediate obligation and expenditure. 
(D) SUBMISSION OF REVISED PRE-EXPENDI-
TURE REPORT.—Within 90 days after a State 
receives funds made available by this paragraph, 
the State shall submit to the Secretary a revised 
pre-expenditure report pursuant to title XX of 
the Social Security Act that describes how the 
State plans to administer the funds. 
(E) DEADLINE FOR OBLIGATION OF FUNDS 
BY STATES.—A State to which funds made avail-
able by this paragraph are distributed shall obli-
gate the funds not later than 120 days after re-
ceipt. 
(F) 
DEADLINE
FOR
EXPENDITURE
OF 
FUNDS.—A grantee to which a State (or a sub-
grantee to which a grantee) provides funds made
973 
available by this paragraph shall expend the 
funds not later than December 31, 2021. 
(2) RULES
GOVERNING
USE
OF
ADDITIONAL 
FUNDS.—A State to which funds made available by 
paragraph (1)(B) are distributed shall use the funds 
in accordance with the following: 
(A) PURPOSE.— 
(i) IN GENERAL.—The State shall use 
the funds only to support the provision of 
emergency services to disadvantaged chil-
dren, families, and households. 
(ii) 
DISADVANTAGED
DEFINED.—In 
this paragraph, the term ‘‘disadvantaged’’ 
means, with respect to an entity, that the 
entity— 
(I) is an individual, or is located 
in a community, that is experiencing 
material hardship; 
(II) is a household in which there 
is a child (as defined in section 12(d) 
of the Richard B. Russell National 
School Lunch Act) or a child served 
under section 11(a)(1) of such Act, 
who, if not for the closure of the school 
attended by the child during a public
974 
health emergency designation and due 
to concerns about a COVID–19 out-
break, would receive free or reduced 
price school meals pursuant to such 
Act; 
(III) is an individual, or is lo-
cated in a community, with barriers to 
employment; or 
(IV) is located in a community 
that, as of the date of the enactment of 
this Act, is not experiencing a 56-day 
downward trajectory of— 
(aa) influenza-like illnesses; 
(bb) COVID-like syndromic 
cases; 
(cc) documented COVID–19 
cases; or 
(dd) positive test results as a 
percentage of total COVID–19 
tests. 
(B) PASS-THROUGH TO LOCAL ENTITIES.— 
(i) In the case of a State in which a 
county administers or contributes finan-
cially to the non-Federal share of the 
amounts expended in carrying out a State
975 
program funded under title IV of the Social 
Security Act, the State shall pass at least 
50 percent of all funds so made available 
through to the chief elected official of the 
city or county that administers the pro-
gram. 
(ii) In the case of any other State and 
any State to which clause (i) applies that 
does not pass through funds as described in 
that clause, the State shall— 
(I) pass at least 50 percent of the 
funds through to— 
(aa)(AA) local governments 
that will expend or distribute the 
funds in consultation with com-
munity-based organizations with 
experience serving disadvantaged 
families or individuals; or 
(BB) community-based orga-
nizations with experience serving 
disadvantaged families and indi-
viduals; and 
(bb) sub-State areas in pro-
portions based on the population
977 
nities that may not have access to 
other emergency funding streams. 
(ii) ADMINISTERING EMERGENCY SERV-
ICES DEFINED.—In clause (i), the term ‘‘ad-
ministering emergency services’’ means— 
(I) providing basic disaster relief, 
economic, and well-being necessities to 
ensure communities are able to safely 
observe 
shelter-in-place 
and 
social 
distancing orders; 
(II) providing necessary supplies 
such as masks, gloves, and soap, to 
protect the public against infectious 
disease; and 
(III) connecting individuals, chil-
dren, and families to services or pay-
ments for which they may already be 
eligible. 
(D) PROHIBITIONS.— 
(i) NO
INDIVIDUAL
ELIGIBILITY
DE-
TERMINATIONS
BY
GRANTEES
OR
SUB-
GRANTEES.—Neither a grantee to which the 
State provides the funds nor any subgrantee 
of such a grantee may exercise individual 
eligibility determinations for the purpose of
978 
administering short-term, non-cash, in-kind 
emergency disaster relief to communities. 
(ii) APPLICABILITY OF CERTAIN SOCIAL 
SERVICES BLOCK GRANT FUNDS USE LIMI-
TATIONS.—The State shall use the funds 
subject to the limitations in section 2005 of 
the Social Security Act, except that, for 
purposes of this clause, section 2005(a)(2) 
and 2005(a)(8) of such Act shall not apply. 
(iii) NO SUPPLANTATION OF CERTAIN 
STATE
FUNDS.—The State may use the 
funds to supplement, not supplant, State 
general revenue funds for social services. 
(iv) BAN ON USE FOR CERTAIN COSTS 
REIMBURSABLE BY FEMA.—The State may 
not use the funds for costs that are reim-
bursable by the Federal Emergency Manage-
ment Agency, under a contract for insur-
ance, or by self-insurance. 
(b) FUNDING FOR INDIAN TRIBES AND TRIBAL ORGA-
NIZATIONS.— 
(1) GRANTS.— 
(A) IN GENERAL.—Within 90 days after the 
date of the enactment of this Act, the Secretary 
of Health and Human Services shall make
979 
grants to Indian Tribes and Tribal organiza-
tions. 
(B) AMOUNT OF GRANT.—The amount of 
the grant for an Indian Tribe or Tribal organi-
zation shall bear the same ratio to the amount 
appropriated by paragraph (3) as the total 
amount of grants awarded to the Indian Tribe 
or Tribal organization under the Low-Income 
Home Energy Assistance Act of 1981 and the 
Community Service Block Grant for fiscal year 
2020 bears to the total amount of grants award-
ed to all Indian Tribes and Tribal organizations 
under such Act and such Grant for the fiscal 
year. 
(2) RULES GOVERNING USE OF FUNDS.—An en-
tity to which a grant is made under paragraph (1) 
shall obligate the funds not later than September 30, 
2021, and the funds shall be expended by grantees 
and subgrantees not later than September 30, 2022, 
and used in accordance with the following: 
(A) PURPOSE.— 
(i) IN
GENERAL.—The grantee shall 
use the funds only to support the provision 
of emergency services to disadvantaged 
households.
980 
(ii) 
DISADVANTAGED
DEFINED.—In 
clause (i), the term ‘‘disadvantaged’’ means, 
with respect to an entity, that the entity— 
(I) is an individual, or is located 
in a community, that is experiencing 
material hardship; 
(II) is a household in which there 
is a child (as defined in section 12(d) 
of the Richard B. Russell National 
School Lunch Act) or a child served 
under section 11(a)(1) of such Act, 
who, if not for the closure of the school 
attended by the child during a public 
health emergency designation and due 
to concerns about a COVID–19 out-
break, would receive free or reduced 
price school meals pursuant to such 
Act; 
(III) is an individual, or is lo-
cated in a community, with barriers to 
employment; or 
(IV) is located in a community 
that, as of the date of the enactment of 
this Act, is not experiencing a 56-day 
downward trajectory of—
981 
(aa) influenza-like illnesses; 
(bb) COVID-like syndromic 
cases; 
(cc) documented COVID–19 
cases; or 
(dd) positive test results as a 
percentage of total COVID–19 
tests. 
(B) METHODS.— 
(i) IN
GENERAL.—The grantee shall 
use the funds only for— 
(I) administering emergency serv-
ices; 
(II) providing short-term, non- 
cash, in-kind emergency disaster relief; 
and 
(III) tribal emergency social serv-
ice operations. 
(ii) ADMINISTERING EMERGENCY SERV-
ICES DEFINED.—In clause (i), the term ‘‘ad-
ministering emergency services’’ means— 
(I) providing basic economic and 
well-being necessities to ensure commu-
nities are able to safely observe shelter- 
in-place and social distancing orders;
982 
(II) providing necessary supplies 
such as masks, gloves, and soap, to 
protect the public against infectious 
disease; and 
(III) connecting individuals, chil-
dren, and families to services or pay-
ments for which they may already be 
eligible. 
(C) PROHIBITIONS.— 
(i) NO
INDIVIDUAL
ELIGIBILITY
DE-
TERMINATIONS
BY
GRANTEES
OR
SUB-
GRANTEES.—Neither the grantee nor any 
subgrantee may exercise individual eligi-
bility determinations for the purpose of ad-
ministering short-term, non-cash, in-kind 
emergency disaster relief to communities. 
(ii) BAN ON USE FOR CERTAIN COSTS 
REIMBURSABLE
BY
FEMA.—The grantee 
may not use the funds for costs that are re-
imbursable by the Federal Emergency Man-
agement Agency, under a contract for insur-
ance, or by self-insurance. 
(3) APPROPRIATION.—Out of any money in the 
Treasury of the United States not otherwise appro-
983 
priated, there are appropriated $400,000,000 to make 
tribal grants under this subsection. 
SEC. 102. EMERGENCY ASSISTANCE TO FAMILIES THROUGH 
HOME VISITING PROGRAMS. 
(a) IN GENERAL.—For purposes of section 511 of the 
Social Security Act, during the period that begins on Feb-
ruary 1, 2020, and ends January 31, 2021— 
(1) a virtual home visit shall be considered a 
home visit; 
(2) funding for, and staffing levels of, a program 
conducted pursuant to such section shall not be re-
duced on account of reduced enrollment in the pro-
gram; and 
(3) funds provided for such a program may be 
used— 
(A) to train home visitors in conducting a 
virtual home visit and in emergency prepared-
ness and response planning for families served, 
and may include training on how to safely con-
duct intimate partner violence screenings, and 
training on safety and planning for families 
served; 
(B) for the acquisition by families enrolled 
in the program of such technological means as
984 
are needed to conduct and support a virtual 
home visit; 
(C) to provide emergency supplies (such as 
diapers, formula, non-perishable food, water, 
hand soap and hand sanitizer) to families 
served; and 
(D) to provide prepaid grocery cards to an 
eligible family (as defined in section 511(k)(2) of 
such Act) for the purpose of enabling the family 
to meet the emergency needs of the family. 
(b) VIRTUAL HOME VISIT DEFINED.—In subsection 
(a), the term ‘‘virtual home visit’’ means a visit that is con-
ducted solely by the use of electronic information and tele-
communications technologies. 
(c) AUTHORITY TO DELAY DEADLINES.— 
(1) IN GENERAL.—The Secretary of Health and 
Human Services may extend the deadline by which a 
requirement of section 511 of the Social Security Act 
must be met, by such period of time as the Secretary 
deems appropriate. 
(2) GUIDANCE.—The Secretary of Health and 
Human Services shall provide to eligible entities 
funded under section 511 of the Social Security Act 
information on the parameters used in extending a 
deadline under paragraph (1) of this subsection.
985 
(d) SUPPLEMENTAL APPROPRIATION.—In addition to 
amounts otherwise appropriated, out of any money in the 
Treasury of the United States not otherwise appropriated, 
there are appropriated to the Secretary of Health and 
Human Services $100,000,000, to enable eligible entities to 
conduct programs funded under section 511 of the Social 
Security Act pursuant to this section, which shall remain 
available for obligation not later than January 31, 2021. 
TITLE II—REAUTHORIZATION OF 
FUNDING FOR PROGRAMS TO 
PREVENT, INVESTIGATE, AND 
PROSECUTE 
ELDER 
ABUSE, 
NEGLECT, 
AND 
EXPLOI-
TATION 
SEC. 201. ELDER ABUSE, NEGLECT, AND EXPLOITATION FO-
RENSIC CENTERS. 
Section 2031(f) of the Social Security Act (42 U.S.C. 
1397l(f)) is amended— 
(1) in paragraph (2), by striking ‘‘and’’ after the 
semicolon; 
(2) in paragraph (3), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(4) for fiscal year 2021, $5,000,000.’’.
986 
SEC. 202. GRANTS FOR LONG-TERM CARE STAFFING AND 
TECHNOLOGY. 
Section 2041(d) of the Social Security Act (42 U.S.C. 
1397m(d)) is amended— 
(1) in paragraph (2), by striking ‘‘and’’ after the 
semicolon; 
(2) in paragraph (3), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(4) for fiscal year 2021, $14,000,000.’’. 
SEC. 203. ADULT PROTECTIVE SERVICES FUNCTIONS AND 
GRANT PROGRAMS. 
Section 2042 of the Social Security Act (42 U.S.C. 
1397m–1) is amended— 
(1) 
in 
subsection 
(a)(2), 
by 
striking 
‘‘$3,000,000’’ and all that follows through the period 
and inserting ‘‘$3,000,000 for fiscal year 2021.’’; 
(2) 
in 
subsection 
(b)(5), 
by 
striking 
‘‘$100,000,000’’ and all that follows through the pe-
riod and inserting ‘‘$100,000,000 for fiscal year 
2021.’’; and 
(3) 
in 
subsection 
(c)(6), 
by 
striking 
‘‘$25,000,000’’ and all that follows through the period 
and inserting ‘‘$20,000,000 for fiscal year 2021.’’.
987 
SEC. 
204. 
LONG-TERM 
CARE 
OMBUDSMAN 
PROGRAM 
GRANTS AND TRAINING. 
Section 2043 of the Social Security Act (42 U.S.C. 
1397m–2) is amended— 
(1) in subsection (a)(2)— 
(A) in subparagraph (B), by striking ‘‘and’’ 
after the semicolon; 
(B) in subparagraph (C), by striking the 
period at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(D) for fiscal year 2021, $8,000,000.’’; and 
(2) in subsection (b)(2), by inserting before the 
period the following: ‘‘, and for fiscal year 2021, 
$10,000,000’’. 
SEC. 205. INVESTIGATION SYSTEMS AND TRAINING. 
Section 6703(b) of the Patient Protection and Afford-
able Care Act (42 U.S.C. 1395i–3a(b)) is amended— 
(1) in paragraph (1)(C), by striking ‘‘for the pe-
riod’’ and all that follows through the period and in-
serting ‘‘for fiscal year 2021, $10,000,000.’’; and 
(2) in paragraph (2)(C), by striking ‘‘for each of 
fiscal years 2011 through 2014, $5,000,000’’ and in-
serting ‘‘for fiscal year 2021, $4,000,000’’. 
SEC. 206. INCREASED FUNDING FOR STATES AND INDIAN 
TRIBES FOR ADULT PROTECTIVE SERVICES. 
(a) INCREASE IN FUNDING.—
988 
(1) RESERVATION OF FUNDS.—Of the amount 
made available to carry out subtitle A of title XX of 
the Social Security Act for fiscal year 2020, 
$25,000,000 shall be reserved for obligation by States 
during calendar year 2020 in accordance with sub-
section (b) of this section. 
(2) APPROPRIATION.—Out of any money in the 
Treasury of the United States not otherwise appro-
priated, there are appropriated $25,000,000 for fiscal 
year 2020 to make grants to States under this sub-
section, which shall remain available until the end of 
fiscal year 2021. 
(3) DEADLINE FOR DISTRIBUTION OF FUNDS.— 
Within 45 days after the date of the enactment of this 
Act, the Secretary of Health and Human Services 
shall distribute the funds reserved under paragraph 
(1) of this subsection, which shall be made available 
to States (as defined for purposes of title XX of the 
Social Security Act in section 1101 of such Act (42 
U.S.C. 1301)) on an emergency basis for immediate 
obligation and expenditure. 
(4) SUBMISSION OF REVISED PRE-EXPENDITURE 
REPORT.—Within 90 days after a State receives funds 
distributed under paragraph (3), the State shall sub-
mit to the Secretary of Health and Human Services
989 
a revised pre-expenditure report pursuant to subtitle 
A of title XX of the Social Security Act (42 U.S.C. 
1397 et seq.) that describes how the State plans to ad-
minister the funds. 
(5) DEADLINE FOR OBLIGATION OF FUNDS BY 
STATES.—Within 120 days after funds are distributed 
to a State under paragraph (3), the State shall obli-
gate the funds. 
(6) DEADLINE FOR EXPENDITURE OF FUNDS.— 
A grantee to which a State (or a subgrantee to which 
a grantee) provides funds distributed under this sub-
section shall expend the funds not later than Decem-
ber 31, 2021. 
(b) RULES GOVERNING USE OF ADDITIONAL FUNDS.— 
Funds are used in accordance with this subsection if— 
(1) the funds are used for adult protective serv-
ices (as defined in section 2011(2) of the Social Secu-
rity Act (42 U.S.C. 1397j(2)); 
(2) the funds are used subject to the limitations 
in section 2005 of the Social Security Act (42 U.S.C. 
1397d); and 
(3) the funds are used to supplement, not sup-
plant, State general revenue funds or funds provided 
under section 2002 of the Social Security Act for 
adult protective services.
990 
(c) FUNDING FOR INDIAN TRIBES AND TRIBAL ORGA-
NIZATIONS.— 
(1) GRANTS.— 
(A) IN GENERAL.—Within 90 days after the 
date of the enactment of this Act, the Secretary 
of Health and Human Services shall make 
grants to Indian Tribes and Tribal organiza-
tions (as defined in section 677(e)(1) of the Com-
munity Services Block Grant Act (42 U.S.C. 
9911(e)(1))). 
(B) AMOUNT OF GRANT.—The amount of 
the grant for an Indian Tribe or Tribal organi-
zation shall bear the same ratio to the amount 
appropriated by paragraph (3) as the total 
amount of grants awarded to the Indian Tribe 
or Tribal organization under the Low-Income 
Home Energy Assistance Act of 1981 and the 
Community Service Block Grant for fiscal year 
2020 bears to the total amount of grants award-
ed to all Indian Tribes and Tribal organizations 
under such Act and such Grant for the fiscal 
year. 
(2) RULES GOVERNING USE OF FUNDS.—An en-
tity to which a grant is made under paragraph (1) 
shall obligate the funds not later than September 30,
991 
2021, and the funds shall be expended by grantees 
and subgrantees not later than December 31, 2021, 
and used in accordance with subsection (b) of this sec-
tion (except that paragraph (3) of such subsection 
shall be applied by substituting ‘‘general revenue 
funds of the Indian Tribe or Tribal organization’’ for 
‘‘State general revenue funds’’). 
(3) REPORTS.— 
(A) PRE-EXPENDITURE
REPORT
AND
IN-
TENDED
USE
PLAN.—Not later than 90 days 
after an Indian Tribe or Tribal organization re-
ceives funds made available by this subsection, 
the Indian Tribe or Tribal organization shall 
submit to the Secretary of Health and Human 
Services a pre-expenditure report on the intended 
use of such funds including information on the 
types of activities to be supported and the cat-
egories or characteristics of individuals to be 
served. The Indian Tribe or Tribal organization 
shall subsequently revise the pre-expenditure re-
port as necessary to reflect substantial changes 
in the activities to be supported or the categories 
or characteristics of individuals to be served. 
(B) 
POST-EXPENDITURE
REPORT.—Not 
later than January 1, 2022, each Indian Tribe
992 
or Tribal organization that receives funds made 
available under this section shall submit to the 
Secretary of Health and Human Services a re-
port on the activities supported by such funds. 
Such report shall be in such form and contain 
such information (including the information de-
scribed in section 2006(c) of the Social Security 
Act (42 U.S.C. 1397e(c))) as the Tribe or organi-
zation finds necessary to provide an accurate de-
scription of such activities, to secure a complete 
record of the purposes for which funds were 
spent, and to determine the extent to which funds 
were spent in a manner consistent with the re-
port required by subparagraph (A). 
(4) APPROPRIATION.—Out of any money in the 
Treasury of the United States not otherwise appro-
priated, there are appropriated $650,000 for making 
grants to Indian Tribes and Tribal organizations 
under this subsection. 
SEC. 207. ASSESSMENT REPORTS. 
(a) IN GENERAL.—Not later than 2 years after the 
date of enactment of this Act, the Secretary of Health and 
Human Services shall submit a report to the Congress on 
the programs, coordinating bodies, registries, and activities 
established or authorized under subtitle B of title XX of the
993 
Social Security Act (42 U.S.C. 1397l et seq.) or section 
6703(b) of the Patient Protection and Affordable Care Act 
(42 U.S.C. 1395i–3a(b)). The report shall assess the extent 
to which such programs, coordinating bodies, registries, and 
activities have improved access to, and the quality of, re-
sources available to aging Americans and their caregivers 
to ultimately prevent, detect, and treat abuse, neglect, and 
exploitation, and shall include, as appropriate, rec-
ommendations to Congress on funding levels and policy 
changes to help these programs, coordinating bodies, reg-
istries, and activities better prevent, detect, and treat abuse, 
neglect, and exploitation of aging Americans. 
(b) LIMITATIONS ON AUTHORIZATION OF APPROPRIA-
TIONS.—For fiscal year 2021, out of any money in the 
Treasury of the United States not otherwise appropriated, 
there are authorized to be appropriated to the Secretary of 
Health and Human Services $1,000,000 to carry out this 
section.
994 
TITLE III—FAIRNESS FOR SEN-
IORS AND PEOPLE WITH DIS-
ABILITIES DURING COVID–19 
SEC. 301. SOCIAL SECURITY AND SUPPLEMENTAL SECURITY 
INCOME 
BENEFICIARY 
PROTECTIONS 
RE-
GARDING 
INCORRECT 
PAYMENTS 
DURING 
COVID–19. 
(a) NO ADJUSTMENT, RECOVERY, OR LIABILITY WITH 
RESPECT TO CERTAIN INCORRECT PAYMENTS.— 
(1) IN GENERAL.— 
(A) NO
ADJUSTMENT, RECOVERY, OR
LI-
ABILITY.—Notwithstanding any other provision 
of title II, title VIII, title XI, or title XVI of the 
Social Security Act, and subject to subparagraph 
(D), in the case of any payment under title II, 
title VIII, or title XVI of such Act of more than 
the correct amount for any month during the pe-
riod beginning on March 1, 2020, and ending on 
January 31, 2021 (other than a payment de-
scribed in paragraph (2)), there shall be no ad-
justment of such payment to, or recovery by the 
United States from, any person, estate, State, or 
organization, and no person, estate, State, or or-
ganization shall be liable for the repayment of
995 
the amount of such payment in excess of the cor-
rect amount. 
(B) AUTOMATIC
RELIEF.—The Commis-
sioner of Social Security shall apply subpara-
graph (A) to each payment described therein 
without requiring such person, estate, State, or 
organization to so request and regardless of 
whether such person, estate, State, or organiza-
tion so requests. 
(C) PRESUMPTIONS
TO
APPLY.—For the 
purposes of precluding such adjustment or recov-
ery, the Commissioner of Social Security may 
presume— 
(i) all such persons, estates, States, or 
organizations to be not at fault; and 
(ii) recovery to be against equity and 
good conscience. 
(D) RULE
OF
CONSTRUCTION.—Notwith-
standing the preceding subparagraphs, in case of 
any payment described in subparagraph (A) that 
has been recovered, in full or in part, the Com-
missioner of Social Security shall have no obli-
gation to issue refunds of such recovered 
amounts.
996 
(2) AMOUNTS SUBJECT TO LIABILITY AND RE-
COVERY.—A payment described in this paragraph is 
a payment of more than the correct amount resulting 
from— 
(A) a conviction for an offense under section 
208(a), 811, or 1632(a) of the Social Security 
Act; 
(B) an incorrect or incomplete statement 
that is knowingly made and material, or the 
knowing concealment of material information; or 
(C) a determination that a representative 
payee misused benefits made under section 
205(j), 807, or 1631(a)(2) of the Social Security 
Act, 
but only if such offense, misstatement, or misuse oc-
curred on or after March 1. 
(b) NOTIFICATIONS; SUSPENSION OF RECOVERY UPON 
REQUEST.— 
(1) RECOVERY BY ADJUSTMENT OF BENEFITS.— 
(A) IN GENERAL.—Not later than November 
30, 2020, the Commissioner of Social Security 
shall— 
(i) notify each covered individual of 
the opportunity to request that the adjust-
ment of benefits described in subparagraph
997 
(B) be reduced or suspended during the pe-
riod described in subsection (a)(1); and 
(ii) reduce or suspend (as requested) 
such adjustment immediately upon receipt 
of the request. 
(B) COVERED INDIVIDUAL.—In this para-
graph, the term ‘‘covered individual’’ means an 
individual with respect to whom the recovery of 
any payment under title II, title VIII, or title 
XVI of the Social Security Act of more than the 
correct amount (other than a payment described 
in paragraph (a)(2)) is in effect, by adjustment 
of the individual’s monthly benefits or underpay-
ments, for any month during the period de-
scribed in subsection (a)(1). 
(2) RECOVERY BY INSTALLMENT AGREEMENTS.— 
Not later than November 30, 2020, the Commissioner 
of Social Security shall notify each party owing a 
debt to the Social Security Administration (other 
than a debt arising from a payment described in 
paragraph (a)(2)) with respect to which an install-
ment agreement is in effect of the opportunity to re-
quest that the installment payments under such agree-
ment be suspended during the period described in sub-
section (a)(1), and shall suspend such payments upon
998 
request. The Commissioner of Social Security shall 
deem a debt for which such a suspension has been 
made to be not delinquent during such period. 
(c) REPORT.—Not later than 30 days after the date 
of enactment of this Act, the Commissioner of Social Secu-
rity shall submit a report to the Committee on Ways and 
Means of the House of Representatives and the Committee 
on Finance of the Senate describing the Commissioner’s ac-
tivities under this section. 
(d) DEEMED ELIGIBILITY FOR SSI FOR PURPOSES OF 
DETERMINING MEDICAID ELIGIBILITY.— 
(1) IN GENERAL.—Notwithstanding any provi-
sion of title XVI or title XIX of the Social Security 
Act (or section 212(a) of Public Law 93–66), each in-
dividual who receives a covered supplemental pay-
ment for any month during the period described in 
subsection (a)(1) and is subsequently determined to be 
ineligible for such payment shall be deemed to be a 
recipient of supplemental security income benefits 
under title XVI or State supplementary benefits of the 
type referred to in section 1616(a) of such Act (or 
payments of the type described in section 212(a) of 
Public Law 93–66), as the case may be, for such 
month for purposes of determining the individual’s 
eligibility for medical assistance under a State plan
999 
approved under title XIX of the Social Security Act 
(42 U.S.C. 1396 et seq.) (or a waiver of such plan). 
(2) COVERED
SUPPLEMENTAL
PAYMENT.—For 
purposes of this subsection, a covered supplemental 
payment is— 
(A) a payment of a supplemental security 
income benefit under title XVI of the Social Se-
curity Act; or 
(B) a State supplementary payment of the 
type referred to in section 1616(a) of such title 
(or a payment of the type described in section 
212(a) of Public Law 93–66). 
(e) PROTECTION
FOR CERTAIN MEDICARE BENE-
FICIARIES.—Notwithstanding section 226(a) of the Social 
Security Act, in the case of any individual— 
(1) who is entitled to hospital insurance benefits 
under part A of title XVIII of the Social Security by 
operation of section 226(a) of such Act; and 
(2) whose entitlement to monthly insurance bene-
fits under section 202 of such Act or status as a 
qualified railroad retirement beneficiary (as defined 
in section 226(d) of such Act) terminates with any 
month during the period beginning on March 1, 2020, 
and ending on January 31, 2021, as a result of a de-
termination made on or after August 31, 2020,
1000 
the individual’s entitlement to such hospital insurance ben-
efits shall end with the month following the month in which 
notice of termination of such entitlement to monthly insur-
ance benefits under section 202 of such Act or such status 
as a qualified railroad retirement beneficiary is mailed to 
the individual, or if earlier, with the month before the 
month in which the individual dies. 
(f) HOLD HARMLESS
FOR
THE SOCIAL SECURITY 
TRUST FUNDS.—There are appropriated, out of any mon-
eys in the Treasury not otherwise appropriated, to each of 
the Federal Old-Age and Survivors Insurance Trust Fund 
and the Federal Disability Insurance Trust Fund for each 
fiscal year such amounts as the chief actuary of the Social 
Security Administration shall certify are necessary to place 
each such Trust Fund in the same position at the end of 
such fiscal year as it would have been in if the amendments 
made by this section had not been enacted. 
TITLE IV—SUPPORTING FOSTER 
YOUTH 
AND 
FAMILIES 
THROUGH THE PANDEMIC 
SEC. 401. SHORT TITLE. 
This title may be cited as the ‘‘Supporting Foster 
Youth and Families through the Pandemic Act’’. 
SEC. 402. DEFINITIONS. 
In this title:
1001 
(1) COVID–19 PUBLIC HEALTH EMERGENCY.— 
The term ‘‘COVID–19 public health emergency’’ 
means the public health emergency declared by the 
Secretary pursuant to section 319 of the Public 
Health Service Act, entitled ‘‘Determination that a 
Public Health Emergency Exists Nationwide as the 
Result of the 2019 Novel Coronavirus’’. 
(2) COVID–19 PUBLIC HEALTH EMERGENCY PE-
RIOD.—The term ‘‘COVID–19 public health emer-
gency period’’ means the period beginning on April 1, 
2020 and ending with September 30, 2021. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Health and Human Services. 
SEC. 403. CONTINUED SAFE OPERATION OF CHILD WEL-
FARE PROGRAMS AND SUPPORT FOR OLDER 
FOSTER YOUTH. 
(a) FUNDING INCREASES.— 
(1) INCREASE IN SUPPORT FOR CHAFEE PRO-
GRAMS.—Out of any money in the Treasury of the 
United States not otherwise appropriated, there are 
appropriated $400,000,000 for fiscal year 2020, to 
carry out section 477 of the Social Security Act, in 
addition to any amounts otherwise made available for 
such purpose.
1002 
(2) EDUCATION AND TRAINING VOUCHERS.—Of 
the amount made available by reason of paragraph 
(1) of this subsection, not less than $50,000,000 shall 
be reserved for the provision of vouchers pursuant to 
section 477(h)(2) of the Social Security Act. 
(3) APPLICABILITY OF TECHNICAL ASSISTANCE 
TO ADDITIONAL FUNDS.— 
(A) IN GENERAL.—Section 477(g)(2) of the 
Social Security Act shall apply with respect to 
the amount made available by reason of para-
graph (1) of this subsection as if the amount 
were included in the amount specified in section 
477(h) of such Act. 
(B) RESERVATION OF FUNDS.— 
(i) IN
GENERAL.—Of the amount to 
which section 477(g)(2) of the Social Secu-
rity Act applies by reason of subparagraph 
(A) of this paragraph, the Secretary shall 
reserve not less than $500,000 to provide 
technical assistance to a State imple-
menting or seeking to implement a driving 
and transportation program for foster 
youth. 
(ii) PROVIDER QUALIFICATIONS.—The 
Secretary shall ensure that the entity pro-
1003 
viding the assistance has demonstrated the 
capacity to— 
(I) successfully administer activi-
ties in 1 or more States to provide 
driver’s licenses to youth who are in 
foster care under the responsibility of 
the State; and 
(II) increase the number of such 
foster youth who obtain a driver’s li-
cense. 
(4) INAPPLICABILITY OF STATE MATCHING RE-
QUIREMENT TO ADDITIONAL FUNDS.—In making pay-
ments under subsections (a)(4) and (e)(1) of section 
474 of the Social Security Act from the additional 
funds made available as a result of paragraphs (1) 
and (2) of this subsection, the percentages specified in 
subsections (a)(4)(A)(i) and (e)(1) of such section are, 
respectively, deemed to be 100 percent. 
(5) MAXIMUM
AWARD
AMOUNT.—The dollar 
amount specified in section 477(i)(4)(B) of the Social 
Security Act through the end of fiscal year 2021 is 
deemed to be $12,000. 
(6) INAPPLICABILITY OF NYTD PENALTY TO ADDI-
TIONAL FUNDS.—In calculating any penalty under 
section 477(e)(2) of the Social Security Act with re-
1004 
spect to the National Youth in Transition Database 
(NYTD) for the COVID–19 public health emergency 
period, none of the additional funds made available 
by reason of paragraphs (1) and (2) of this subsection 
shall be considered to be part of an allotment to a 
State under section 477(c) of such Act. 
(b) MAXIMUM AGE LIMITATION ON ELIGIBILITY FOR 
ASSISTANCE.—During fiscal years 2020 and 2021, a child 
may be eligible for services and assistance under section 477 
of the Social Security Act until the child attains 27 years 
of age, notwithstanding any contrary certification made 
under such section. 
(c) SPECIAL RULE.—With respect to funds made 
available by reason of subsection (a) that are used during 
the COVID–19 public health emergency period to support 
activities due to the COVID–19 pandemic, the Secretary 
may not require any State to provide proof of a direct con-
nection to the pandemic if doing so would be administra-
tively burdensome or would otherwise delay or impede the 
ability of the State to serve foster youth. 
(d) 
PROGRAMMATIC
FLEXIBILITIES.—During 
the 
COVID–19 public health emergency period: 
(1) SUSPENSION
OF
CERTAIN
REQUIREMENTS 
UNDER
THE
EDUCATION
AND
TRAINING
VOUCHER 
PROGRAM.—The Secretary shall allow a State to
1005 
waive the applicability of the requirement in section 
477(i)(3) of the Social Security Act that a youth 
must be enrolled in a postsecondary education or 
training program or making satisfactory progress to-
ward completion of that program if a youth is unable 
to do so due to the COVID–19 public health emer-
gency. 
(2) AUTHORITY TO USE VOUCHERS TO MAINTAIN 
TRAINING
AND
POSTSECONDARY
EDUCATION.—A 
voucher provided under a State educational and 
training voucher program under section 477(i) of the 
Social Security Act may be used for maintaining 
training and postsecondary education, including less 
than full-time matriculation costs or other expenses 
that are not part of the cost of attendance but would 
help support youth in remaining enrolled as described 
in paragraph (1) of this subsection. 
(3) AUTHORITY TO WAIVE LIMITATIONS ON PER-
CENTAGE OF FUNDS USED FOR HOUSING ASSISTANCE 
AND ELIGIBILITY FOR SUCH ASSISTANCE.—Notwith-
standing section 477(b)(3)(B) of the Social Security 
Act, a State may use— 
(A) more than 30 percent of the amounts 
paid to the State from its allotment under sec-
1006 
tion 477(c)(1) of such Act for a fiscal year, for 
room or board payments; and 
(B) any of such amounts for youth other-
wise eligible for services under section 477 of 
such Act who— 
(i) have attained 18 years of age and 
not 27 years of age; and 
(ii) experienced foster care at 14 years 
of age or older. 
(4) AUTHORITY
TO
PROVIDE
DRIVING
AND 
TRANSPORTATION ASSISTANCE.— 
(A) USE OF FUNDS.—Funds provided under 
section 477 of the Social Security Act may be 
used to provide driving and transportation as-
sistance to youth described in paragraph (3)(B) 
who have attained 15 years of age with costs re-
lated to obtaining a driver’s license and driving 
lawfully in a State (such as vehicle insurance 
costs, driver’s education class and testing fees, 
practice lessons, practice hours, license fees, road-
side assistance, deductible assistance, and assist-
ance in purchasing an automobile). 
(B) MAXIMUM ALLOWANCE.—The amount of 
the assistance provided for each eligible youth 
under subparagraph (A) shall not exceed $4,000
1007 
per year, and any assistance so provided shall be 
disregarded for purposes of determining the re-
cipient’s eligibility for, and the amount of, any 
other Federal or federally-supported assistance, 
except that the State agency shall take appro-
priate steps to prevent duplication of benefits 
under this and other Federal or federally-sup-
ported programs. 
(C) REPORT TO THE CONGRESS.—Within 6 
months after the end of the expenditure period, 
the Secretary shall submit to the Congress a re-
port on the extent to which, and the manner in 
which, the funds to which subsection (a)(3) ap-
plies were used to provide technical assistance to 
State child welfare programs, monitor State per-
formance and foster youth outcomes, and evalu-
ate program effectiveness. 
SEC. 404. PREVENTING AGING OUT OF FOSTER CARE DUR-
ING THE PANDEMIC. 
(a) ADDRESSING FOSTER CARE AGE RESTRICTIONS 
DURING THE PANDEMIC.—A State operating a program 
under part E of title IV of the Social Security Act may 
not require a child who is in foster care under the responsi-
bility of the State to leave foster care solely by reason of 
the child’s age. A child may not be found ineligible for foster
1008 
care maintenance payments under section 472 of such Act 
solely due to the age of the child or the failure of the child 
to meet a condition of section 475(8)(B)(iv) of such Act be-
fore October 1, 2021. 
(b) RE-ENTRY TO FOSTER CARE FOR YOUTH WHO 
AGE OUT DURING THE PANDEMIC.—A State operating a 
program under the State plan approved under part E of 
title IV of the Social Security Act (and without regard to 
whether the State has exercised the option provided by sec-
tion 475(8)(B) of such Act to extend assistance under such 
part to older children) shall— 
(1) permit any youth who left foster care due to 
age during the COVID–19 public health emergency to 
voluntarily re-enter foster care; 
(2) provide to each such youth who was formally 
discharged from foster care during the COVID–19 
public health emergency, a notice designed to make 
the youth aware of the option to return to foster care; 
(3) facilitate the voluntary return of any such 
youth to foster care; and 
(4) conduct a public awareness campaign about 
the option to voluntarily re-enter foster care for youth 
who have not attained 22 years of age, who aged out 
of foster care in fiscal year 2020 or fiscal year 2021, 
and who are otherwise eligible to return to foster care.
1009 
(c) PROTECTIONS FOR YOUTH IN FOSTER CARE.—A 
State operating a program under the State plan approved 
under part E of title IV of the Social Security Act shall— 
(1) continue to ensure that the safety, perma-
nence, and well-being needs of older foster youth, in-
cluding youth who remain in foster care and youth 
who age out of foster care during that period but who 
re-enter foster care pursuant to this section, are met; 
and 
(2) work with any youth who remains in foster 
care after attaining 18 years of age (or such greater 
age as the State may have elected under section 
475(8)(B)(iii) of such Act) to develop, or review and 
revise, a transition plan consistent with the plan re-
ferred to in section 475(5)(H) of such Act, and assist 
the youth with identifying adults who can offer mean-
ingful, permanent connections. 
(d) AUTHORITY TO USE ADDITIONAL FUNDING FOR 
CERTAIN COSTS INCURRED TO PREVENT AGING OUT OF, 
FACILITATING RE-ENTRY TO, AND PROTECTING YOUTH IN 
CARE DURING THE PANDEMIC.— 
(1) IN GENERAL.—Subject to paragraph (2) of 
this subsection, a State to which additional funds are 
made available as a result of section 3(a) may use the
1010 
funds to meet any costs incurred in complying with 
subsections (a), (b), and (c) of this section. 
(2) RESTRICTIONS.— 
(A) The costs referred to in paragraph (1) 
must be incurred after the date of the enactment 
of this section and before October 1, 2021. 
(B) The costs of complying with subsection 
(a) or (c) of this section must not be incurred on 
behalf of children eligible for foster care mainte-
nance payments under section 472 of the Social 
Security Act, including youth who have attained 
18 years of age who are eligible for the payments 
by reason of the temporary waiver of the age re-
quirement 
or 
the 
conditions 
of 
section 
475(8)(B)(iv) of such Act. 
(C) A State shall make reasonable efforts to 
ensure that eligibility for foster care mainte-
nance payments under section 472 of the Social 
Security Act is determined when a youth re-
mains in, or re-enters, foster care as a result of 
the State complying with subsections (a) and (c) 
of this section. 
(D) A child who re-enters care during the 
COVID–19 public health emergency period may 
not be found ineligible for foster care mainte-
1011 
nance payments under section 472 of the Social 
Security Act solely due to age or the require-
ments of section 475(8)(B)(iv) of such Act before 
October 1, 2021. 
(e) TERMINATION OF CERTAIN PROVISIONS.—The pre-
ceding provisions of this section shall have no force or effect 
after September 30, 2021. 
SEC. 405. FAMILY FIRST PREVENTION SERVICES PROGRAM 
PANDEMIC FLEXIBILITY. 
During the COVID–19 public health emergency period, 
each percentage specified in subparagraphs (A)(i) and (B) 
of section 474(a)(6) of the Social Security Act is deemed 
to be 100 percent. 
SEC. 406. EMERGENCY FUNDING FOR THE MARYLEE ALLEN 
PROMOTING SAFE AND STABLE FAMILIES 
PROGRAM. 
(a) IN GENERAL.—Out of any money in the Treasury 
of the United States not otherwise appropriated, there are 
appropriated $85,000,000 to carry out section 436(a) of the 
Social Security Act for fiscal year 2020, in addition to any 
amounts otherwise made available for such purpose. For 
purposes of section 436(b) of such Act, the amount made 
available by the preceding sentence shall be considered part 
of the amount specified in such section 436(a).
1012 
(b) INAPPLICABILITY OF STATE MATCHING REQUIRE-
MENT TO ADDITIONAL FUNDS.—In making payments under 
section 434(a) of the Social Security Act from the addi-
tional funds made available as a result of subsection (a) 
of this section, the percentage specified in section 434(a)(1) 
of such Act is deemed to be 100 percent. 
(c) CONFORMING AMENDMENTS.—Section 436 of the 
Social Security Act (42 U.S.C. 629f) is amended in each 
of subsections (a), (b)(4), and (b)(5) by striking ‘‘2021’’ and 
inserting ‘‘2022’’. 
SEC. 407. COURT IMPROVEMENT PROGRAM. 
(a) RESERVATION
OF FUNDS.—Of the additional 
amounts made available by reason of section 406 of this 
title, the Secretary shall reserve $10,000,000 for grants 
under subsection (b) of this section, which shall be consid-
ered to be made under section 438 of the Social Security 
Act. 
(b) DISTRIBUTION OF FUNDS.— 
(1) IN GENERAL.—From the amounts reserved 
under subsection (a) of this section, the Secretary 
shall— 
(A) reserve not more than $500,000 for 
Tribal court improvement activities; and 
(B) from the amount remaining after the 
application of subparagraph (A), make a grant
1013 
to each highest State court that is approved to 
receive a grant under section 438 of the Social 
Security Act for the purpose described in section 
438(a)(3) of such Act, for fiscal year 2020. 
(2) AMOUNT.—The amount of the grant awarded 
to a highest State court under this subsection shall be 
the sum of— 
(A) $85,000; and 
(B) the amount that bears the same ratio to 
the amount reserved under subsection (a) that re-
mains after the application of paragraph (1)(A) 
and subparagraph (A) of this paragraph, as the 
number of individuals in the State in which the 
court is located who have not attained 21 years 
of age bears to the total number of such individ-
uals in all States the highest courts of which 
were awarded a grant under this subsection 
(based on the most recent year for which data 
are available from the Bureau of the Census). 
(3) OTHER RULES.— 
(A) IN GENERAL.—The grants awarded to 
the highest State courts under this subsection 
shall be in addition to any grants made to the 
courts under section 438 of the Social Security 
Act for any fiscal year.
1014 
(B) NO
ADDITIONAL
APPLICATION.—The 
Secretary shall award grants to the highest State 
courts under this subsection without requiring 
the courts to submit an additional application. 
(C) REPORTS.—The Secretary may estab-
lish reporting criteria specific to the grants 
awarded under this subsection. 
(D) REDISTRIBUTION
OF
FUNDS.—If a 
highest State court does not accept a grant 
awarded under this subsection, or does not agree 
to comply with any reporting requirements im-
posed under subparagraph (C) or the use of 
funds requirements specified in subsection (c), 
the Secretary shall redistribute the grant funds 
that would have been awarded to that court 
under this subsection among the other highest 
State courts that are awarded grants under this 
subsection and agree to comply with the report-
ing and use of funds requirements. 
(E) NO
MATCHING
REQUIREMENT.—The 
limitation on the use of funds specified in section 
438(d) of such Act shall not apply to the grants 
awarded under this section. 
(c) USE OF FUNDS.—A highest State court awarded 
a grant under subsection (b) shall use the grant funds to
1015 
address needs stemming from the COVID–19 public health 
emergency, which may include any of the following: 
(1) Technology investments to facilitate the tran-
sition to remote hearings for dependency courts when 
necessary as a direct result of the COVID–19 public 
health emergency. 
(2) Training for judges, attorneys, and case-
workers on facilitating and participating in remote 
hearings that comply with due process and all appli-
cable law, ensure child safety and well-being, and 
help inform judicial decision-making. 
(3) Programs to help families address aspects of 
the case plan to avoid delays in legal proceedings that 
would occur as a direct result of the COVID–19 pub-
lic health emergency. 
(4) Other purposes to assist courts, court per-
sonnel, or related staff related to the COVID–19 pub-
lic health emergency. 
(d) CONFORMING AMENDMENTS.—Section 438 of the 
Social Security Act (42 U.S.C. 629h) is amended in each 
of subsections (c)(1) and (d) by striking ‘‘2021’’ and insert-
ing ‘‘2022’’.
1016 
SEC. 408. KINSHIP NAVIGATOR PROGRAMS PANDEMIC 
FLEXIBILITY. 
(a) INAPPLICABILITY OF MATCHING FUNDS REQUIRE-
MENTS.—During the COVID–19 public health emergency 
period, the percentage specified in section 474(a)(7) of the 
Social Security Act is deemed to be 100 percent. 
(b) WAIVER OF EVIDENCE STANDARD.—During the 
COVID–19 public health emergency period, the requirement 
in section 474(a)(7) of the Social Security Act that the Sec-
retary determine that a kinship navigator program be oper-
ated in accordance with promising, supported, or well-sup-
ported practices that meet the applicable criteria specified 
for the practices in section 471(e)(4)(C) of such Act shall 
have no force or effect. 
(c) OTHER ALLOWABLE USES OF FUNDS.—A State 
may use funds provided to carry out a kinship navigator 
program— 
(1) for evaluations, independent systematic re-
view, and related activities; 
(2) to provide short-term support to kinship fam-
ilies for direct services or assistance during the 
COVID–19 public health emergency period; and 
(3) to ensure that kinship caregivers have the in-
formation and resources to allow kinship families to 
function at their full potential, including—
1017 
(A) ensuring that those who are at risk of 
contracting COVID–19 have access to informa-
tion and resources for necessities, including food, 
safety supplies, and testing and treatment for 
COVID–19; 
(B) access to technology and technological 
supports needed for remote learning or other ac-
tivities that must be carried out virtually due to 
the COVID–19 public health emergency; 
(C) health care and other assistance, includ-
ing legal assistance and assistance with making 
alternative care plans for the children in their 
care if the caregivers were to become unable to 
continue caring for the children; 
(D) services to kinship families, including 
kinship families raising children outside of the 
foster care system; and 
(E) assistance to allow children to continue 
safely living with kin. 
(d) TERRITORY CAP EXEMPTION.—Section 1108(a)(1) 
of the Social Security Act shall be applied without regard 
to any amount paid to a territory pursuant to this section 
that would not have been paid to the territory in the absence 
of this section.
1018 
SEC. 409. ADJUSTMENT OF FUNDING CERTAINTY BASE-
LINES FOR FAMILY FIRST TRANSITION ACT 
FUNDING CERTAINTY GRANTS. 
Section 602(c)(2) of division N of the Further Consoli-
dated Appropriations Act, 2020 (Public Law 116–94) is 
amended— 
(1) in subparagraph (C), in the matter preceding 
clause (i), by striking ‘‘The calculation’’ and insert-
ing ‘‘Except as provided in subparagraph (G), the 
calculation’’; and 
(2) by adding at the end the following: 
‘‘(G) ADJUSTMENT OF FUNDING CERTAINTY 
BASELINES.— 
‘‘(i) HOLD HARMLESS FOR TEMPORARY 
INCREASE IN FMAP.—For each fiscal year 
specified in subparagraph (B), the Sec-
retary shall increase the maximum capped 
allocation for fiscal year 2019 or the final 
cost neutrality limit for fiscal year 2018 for 
a State or sub-State jurisdiction referred to 
in subparagraph (A)(i), by the amount 
equal to the difference between— 
‘‘(I) the amount of the foster care 
maintenance payments portion of such 
maximum capped allocation or final 
cost neutrality limit; and
1019 
‘‘(II) the amount that the foster 
care maintenance payments portion of 
such maximum capped allocation or 
final cost neutrality limit would be if 
the Federal medical assistance percent-
age applicable to the State under 
clause (ii) for the fiscal year so speci-
fied were used to determine the amount 
of such portion. 
‘‘(ii) APPLICABLE
FEDERAL
MEDICAL 
ASSISTANCE PERCENTAGE.—For purposes of 
clause (i)(II), the Federal medical assist-
ance percentage applicable to a State for a 
fiscal year specified in subparagraph (B) is 
the average of the values of the Federal med-
ical assistance percentage applicable to the 
State in each quarter of such fiscal year 
under section 474(a)(1) of the Social Secu-
rity Act (42 U.S.C. 674(a)(1)) after appli-
cation of any temporary increase in the 
Federal medical assistance percentage for 
the State and quarter under section 6008 of 
the Families First Coronavirus Response 
Act (42 U.S.C. 1396d note) and any other 
Federal legislation enacted during the pe-
1020 
riod that begins on July 1, 2020, and ends 
on September 30, 2021.’’. 
SEC. 410. TECHNICAL CORRECTION TO TEMPORARY IN-
CREASE OF MEDICAID FMAP. 
Section 6008 of the Families First Coronavirus Re-
sponse Act (Public Law 116–127) is amended by adding 
at the end the following: 
‘‘(e) APPLICATION TO TITLE IV–E PAYMENTS.—If the 
District of Columbia receives the increase described in sub-
section (a) in the Federal medical assistance percentage for 
the District of Columbia with respect to a quarter, the Fed-
eral medical assistance percentage for the District of Colum-
bia, as so increased, shall apply to payments made to the 
District of Columbia under part E of title IV of the Social 
Security Act (42 U.S.C. 670 et seq.) for that quarter, and 
the payments under such part shall be deemed to be made 
on the basis of the Federal medical assistance percentage 
applied with respect to such District for purposes of title 
XIX of such Act (42 U.S.C. 1396 et seq.) and as increased 
under subsection (a).’’.
1021 
TITLE V—PANDEMIC STATE 
FLEXIBILITIES 
SEC. 501. EMERGENCY FLEXIBILITY FOR STATE TANF PRO-
GRAMS. 
(a) STATE PROGRAMS.—Sections 407(a), 407(e)(1), 
and 408(a)(7)(A) of the Social Security Act shall have no 
force or effect during the applicable period, and paragraphs 
(3), (9), (14), and (15) of section 409(a) of such Act shall 
not apply with respect to conduct engaged in during the 
period. 
(b) TRIBAL PROGRAMS.—The minimum work partici-
pation requirements and time limits established under sec-
tion 412(c) of the Social Security Act shall have no force 
or effect during the applicable period, and the penalties es-
tablished under such section shall not apply with respect 
to conduct engaged in during the period. 
(c) PENALTY FOR NONCOMPLIANCE.— 
(1) IN GENERAL.—If the Secretary of Health and 
Human Services finds that a State or an Indian tribe 
has imposed a work requirement as a condition of re-
ceiving assistance, or a time limit on the provision of 
assistance, under a program funded under part A of 
title IV of the Social Security Act or any program 
funded with qualified State expenditures (as defined 
in section 409(a)(7)(B)(i) of such Act) during the ap-
1022 
plicable period, or has imposed a penalty for failure 
to comply with a work requirement during the period, 
the Secretary shall reduce the grant payable to the 
State under section 403(a)(1) of such Act or the grant 
payable to the tribe under section 412(a)(1) of such 
Act, as the case may be, for fiscal year 2021 by an 
amount equal to 5 percent of the State or tribal fam-
ily assistance grant, as the case may be. 
(2) APPLICABILITY OF CERTAIN PROVISIONS.— 
For purposes of section 409(d) of the Social Security 
Act, paragraph (1) of this subsection shall be consid-
ered to be included in section 409(a) of such Act. 
(d) DEFINITIONS.—In this section: 
(1) APPLICABLE PERIOD.—The term ‘‘applicable 
period’’ means the period that begins on March 1, 
2020, and ends January 31, 2021. 
(2) WORK REQUIREMENT.—The term ‘‘work re-
quirement’’ means a requirement to engage in a work 
activity (as defined in section 407(d) of the Social Se-
curity Act) or other work-related activity as defined 
by a State or tribal program funded under part A of 
title IV of such Act. 
(3) OTHER TERMS.—Each other term has the 
meaning given the term in section 419 of the Social 
Security Act.
1023 
SEC. 502. EMERGENCY FLEXIBILITY FOR CHILD SUPPORT 
PROGRAMS. 
(a) IN GENERAL.—With respect to the period that be-
gins on March 1, 2020, and ends January 31, 2021: 
(1) Sections 408(a)(2), 409(a)(5), and 409(a)(8) 
of the Social Security Act shall have no force or effect. 
(2) Notwithstanding section 466(d) of such Act, 
the Secretary of Health and Human Services (in this 
subsection referred to as the ‘‘Secretary’’) may exempt 
a State from any requirement of section 466 of such 
Act to respond to the COVID–19 pandemic, except 
that the Secretary may not exempt a State from any 
requirement to— 
(A) provide a parent with notice of a right 
to request a review and, if appropriate, adjust-
ment of a support order; or 
(B) afford a parent the opportunity to make 
such a request. 
(3) The Secretary may not impose a penalty or 
take any other adverse action against a State pursu-
ant to section 452(g)(1) of such Act for failure to 
achieve a paternity establishment percentage of less 
than 90 percent. 
(4) The Secretary may not find that the pater-
nity establishment percentage for a State is not based 
on reliable data for purposes of section 452(g)(1) of
1024 
such Act, and the Secretary may not determine that 
the data which a State submitted pursuant to section 
452(a)(4)(C)(i) of such Act and which is used in de-
termining a performance level is not complete or reli-
able for purposes of section 458(b)(5)(B) of such Act, 
on the basis of the failure of the State to submit 
OCSE Form 396 or 34 in a timely manner. 
(5) The Secretary may not impose a penalty or 
take any other adverse action against a State for fail-
ure to comply with section 454A(g)(1)(A)(i) or 
454B(c)(1) of such Act. 
(6) The Secretary may not disapprove a State 
plan submitted pursuant to part D of title IV of such 
Act for failure of the plan to meet the requirement of 
section 454(1) of such Act, and may not impose a 
penalty or take any other adverse action against a 
State with such a plan that meets that requirement 
for failure to comply with that requirement. 
(7) To the extent that a preceding provision of 
this section applies with respect to a provision of law 
applicable to a program operated by an Indian tribe 
or tribal organization (as defined in subsections (e) 
and (l) of section 4 of the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 450b)), that
1025 
preceding provision shall apply with respect to the 
Indian tribe or tribal organization. 
(b) CLARIFICATION OF PERFORMANCE INCENTIVE PAY-
MENT CALCULATION.—Notwithstanding paragraph (3) of 
section 458(b) of the Social Security Act, the State incentive 
payment share for each of fiscal years 2020 and 2021 for 
purposes of such section shall be the State incentive pay-
ment share determined under such section for fiscal year 
2019. 
(c) STATE DEFINED.—In subsection (a), the term 
‘‘State’’ has the meaning given the term in section 1101(a) 
of the Social Security Act for purposes of title IV of such 
Act. 
DIVISION K—HEALTH 
PROVISIONS 
SEC. 100. SHORT TITLE. 
This division may be cited as the ‘‘Investing in Amer-
ica’s Health Care During the COVID–19 Pandemic Act’’. 
TITLE I—MEDICAID PROVISIONS 
SEC. 101. COVID–19-RELATED TEMPORARY INCREASE OF 
MEDICAID FMAP. 
(a) IN GENERAL.—Section 6008 of the Families First 
Coronavirus Response Act (42 U.S.C. 1396d note) is 
amended— 
(1) in subsection (a)—
1026 
(A) by inserting ‘‘(or, if later, September 
30, 2021)’’ after ‘‘last day of such emergency pe-
riod occurs’’; and 
(B) by striking ‘‘6.2 percentage points.’’ 
and inserting ‘‘the percentage points specified in 
subsection (e). In no case may the application of 
this section result in the Federal medical assist-
ance percentage determined for a State being 
more than 95 percent.’’; and 
(2) by adding at the end the following new sub-
sections: 
‘‘(f) SPECIFIED PERCENTAGE POINTS.—For purposes 
of subsection (a), the percentage points specified in this sub-
section are— 
‘‘(1) for each calendar quarter occurring during 
the period beginning on the first day of the emergency 
period described in paragraph (1)(B) of section 
1135(g) of the Social Security Act (42 U.S.C. 1320b- 
5(g)) and ending on September 30, 2020, 6.2 percent-
age points; 
‘‘(2) for each calendar quarter occurring during 
the period beginning on October 1, 2020, and ending 
on September 30, 2021, 14 percentage points; and 
‘‘(3) for each calendar quarter, if any, occurring 
during the period beginning on October 1, 2021, and
1027 
ending on the last day of the calendar quarter in 
which the last day of such emergency period occurs, 
6.2 percentage points. 
‘‘(g) CLARIFICATIONS.— 
‘‘(1) In the case of a State that treats an indi-
vidual described in subsection (b)(3) as eligible for the 
benefits described in such subsection, for the period 
described in subsection (a), expenditures for medical 
assistance and administrative costs attributable to 
such individual that would not otherwise be included 
as expenditures under section 1903 of the Social Secu-
rity Act shall be regarded as expenditures under the 
State plan approved under title XIX of the Social Se-
curity Act or for administration of such State plan. 
‘‘(2) The limitations on payment under sub-
sections (f) and (g) of section 1108 of the Social Secu-
rity Act (42 U.S.C. 1308) shall not apply to Federal 
payments made under section 1903(a)(1) of the Social 
Security Act (42 U.S.C. 1396b(a)(1)) attributable to 
the increase in the Federal medical assistance per-
centage under this section. 
‘‘(3) Expenditures attributable to the increased 
Federal medical assistance percentage under this sec-
tion shall not be counted for purposes of the limita-
1028 
tions under section 2104(b)(4) of such Act (42 U.S.C. 
1397dd(b)(4)). 
‘‘(4) Notwithstanding the first sentence of section 
2105(b) of the Social Security Act (42 U.S.C. 
1397ee(b)), the application of the increase under this 
section may result in the enhanced FMAP of a State 
for a fiscal year under such section exceeding 85 per-
cent, but in no case may the application of such in-
crease before application of the second sentence of such 
section result in the enhanced FMAP of the State ex-
ceeding 95 percent. 
‘‘(h) SCOPE OF APPLICATION.—An increase in the 
Federal medical assistance percentage for a State under this 
section shall not be taken into account for purposes of pay-
ments under part D of title IV of the Social Security Act 
(42 U.S.C. 651 et seq.).’’. 
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall take effect and apply as if included in the 
enactment of section 6008 of the Families First Coronavirus 
Response Act (Public Law 116–127). 
SEC. 102. ADDITIONAL SUPPORT FOR MEDICAID HOME AND 
COMMUNITY-BASED SERVICES DURING THE 
COVID–19 EMERGENCY PERIOD. 
(a) INCREASED FMAP.—
1029 
(1) 
IN
GENERAL.—Notwithstanding 
section 
1905(b) of the Social Security Act (42 U.S.C. 
1396d(b)), in the case of an HCBS program State, 
the Federal medical assistance percentage determined 
for the State under section 1905(b) of such Act and, 
if applicable, increased under subsection (y), (z), or 
(aa) of section 1905 of such Act (42 U.S.C. 1396d), 
section 1915(k) of such Act (42 U.S.C. 1396n(k)), or 
section 6008(a) of the Families First Coronavirus Re-
sponse Act (Public Law 116–127), shall be increased 
by 10 percentage points with respect to expenditures 
of the State under the State Medicaid program for 
home and community-based services that are provided 
during the HCBS program improvement period. In 
no case may the application of the previous sentence 
result in the Federal medical assistance percentage 
determined for a State being more than 95 percent. 
(2) DEFINITIONS.—In this section: 
(A) HCBS PROGRAM
IMPROVEMENT
PE-
RIOD.—The term ‘‘HCBS program improvement 
period’’ means, with respect to a State, the pe-
riod— 
(i) beginning on October 1, 2020; and 
(ii) ending on September 30, 2021.
1030 
(B) HCBS PROGRAM
STATE.—The term 
‘‘HCBS program State’’ means a State that 
meets the condition described in subsection (b) by 
submitting an application described in such sub-
section, which is approved by the Secretary pur-
suant to subsection (c). 
(C) HOME
AND
COMMUNITY-BASED
SERV-
ICES.—The term ‘‘home and community-based 
services’’ means home health care services author-
ized under paragraph (7) of section 1905(a) of 
the Social Security Act (42 U.S.C. 1396d(a)), 
personal care services authorized under para-
graph (24) of such section, PACE services au-
thorized under paragraph (26) of such section, 
services authorized under subsections (b), (c), (i), 
(j), and (k) of section 1915 of such Act (42 
U.S.C. 1396n), such services authorized under a 
waiver under section 1115 of such Act (42 U.S.C. 
1315), and such other services specified by the 
Secretary. 
(b) CONDITION.—The condition described in this sub-
section, with respect to a State, is that the State submits 
an application to the Secretary, at such time and in such 
manner as specified by the Secretary, that includes, in ad-
1031 
dition to such other information as the Secretary shall re-
quire— 
(1) a description of which activities described in 
subsection (d) that a state plans to implement and a 
description of how it plans to implement such activi-
ties; 
(2) assurances that the Federal funds attrib-
utable to the increase under subsection (a) will be 
used— 
(A) to implement the activities described in 
subsection (d); and 
(B) to supplement, and not supplant, the 
level of State funds expended for home and com-
munity-based services for eligible individuals 
through programs in effect as of the date of the 
enactment of this section; and 
(3) assurances that the State will conduct ade-
quate oversight and ensure the validity of such data 
as may be required by the Secretary. 
(c) APPROVAL OF APPLICATION.—Not later than 90 
days after the date of submission of an application of a 
State under subsection (b), the Secretary shall certify if the 
application is complete. Upon certification that an applica-
tion of a State is complete, the application shall be deemed 
to be approved for purposes of this section.
1032 
(d) ACTIVITIES
TO
IMPROVE
THE
DELIVERY
OF 
HCBS.— 
(1) IN GENERAL.—A State shall work with com-
munity partners, such as Area Agencies on Aging, 
Centers for Independent Living, non-profit home and 
community-based services providers, and other enti-
ties providing home and community-based services, to 
implement— 
(A) the purposes described in paragraph (2) 
during the COVID–19 public health emergency 
period; and 
(B) the purposes described in paragraph (3) 
after the end of such emergency period. 
(2) FOCUSED AREAS OF HCBS IMPROVEMENT.— 
The purposes described in this paragraph, with re-
spect to a State, are the following: 
(A) To increase rates for home health agen-
cies and agencies that employ direct support pro-
fessionals (including independent providers in a 
self-directed or consumer-directed model) to pro-
vide home and community-based services under 
the State Medicaid program, provided that any 
agency or individual that receives payment 
under such an increased rate increases the com-
1033 
pensation it pays its home health workers or di-
rect support professionals. 
(B) To provide paid sick leave, paid family 
leave, and paid medical leave for home health 
workers and direct support professionals. 
(C) To provide hazard pay, overtime pay, 
and shift differential pay for home health work-
ers and direct support professionals. 
(D) To provide home and community-based 
services to eligible individuals who are on wait-
ing lists for programs approved under sections 
1115 or 1915 of the Social Security Act (42 
U.S.C. 1315, 1396n). 
(E) To purchase emergency supplies and 
equipment, which may include items not typi-
cally covered under the Medicaid program, such 
as personal protective equipment, necessary to 
enhance access to services and to protect the 
health and well-being of home health workers and 
direct support professionals. 
(F) To pay for the travel of home health 
workers and direct support professionals to con-
duct home and community-based services. 
(G) To recruit new home health workers 
and direct support professionals.
1034 
(H) To support family care providers of eli-
gible individuals with needed supplies and 
equipment, which may include items not typi-
cally covered under the Medicaid program, such 
as personal protective equipment, and pay. 
(I) To pay for training for home health 
workers and direct support professionals that is 
specific to the COVID–19 public health emer-
gency. 
(J) To pay for assistive technologies, staff-
ing, and other costs incurred during the COVID– 
19 public health emergency period in order to fa-
cilitate community integration and ensure an 
individual’s person-centered service plan con-
tinues to be fully implemented. 
(K) To prepare information and public 
health and educational materials in accessible 
formats (including formats accessible to people 
with low literacy or intellectual disabilities) 
about prevention, treatment, recovery and other 
aspects of COVID–19 for eligible individuals, 
their families, and the general community served 
by agencies described in subparagraph (A). 
(L) To pay for American sign language in-
terpreters to assist in providing home and com-
1035 
munity-based services to eligible individuals and 
to inform the general public about COVID–19. 
(M) To allow day services providers to pro-
vide home and community-based services. 
(N) To pay for other expenses deemed ap-
propriate by the Secretary to enhance, expand, 
or strengthen Home and Community-Based 
Services, including retainer payments, and ex-
penses which meet the criteria of the home and 
community-based settings rule published on Jan-
uary 16, 2014. 
(3) PERMISSIBLE USES AFTER THE EMERGENCY 
PERIOD.—The purpose described in this paragraph, 
with respect to a State, is to assist eligible individ-
uals who had to relocate to a nursing facility or insti-
tutional setting from their homes during the COVID– 
19 public health emergency period in— 
(A) moving back to their homes (including 
by paying for moving costs, first month’s rent, 
and other one-time expenses and start-up costs); 
(B) resuming home and community-based 
services; 
(C) receiving mental health services and 
necessary rehabilitative service to regain skills
1036 
lost while relocated during the public health 
emergency period; and 
(D) while funds attributable to the in-
creased FMAP under this section remain avail-
able, continuing home and community-based 
services for eligible individuals who were served 
from a waiting list for such services during the 
public health emergency period. 
(e) REPORTING REQUIREMENTS.— 
(1) STATE
REPORTING
REQUIREMENTS.—Not 
later than December 31, 2022, any State with respect 
to which an application is approved by the Secretary 
pursuant to subsection (c) shall submit a report to the 
Secretary that contains the following information: 
(A) Activities and programs that were fund-
ed using Federal funds attributable to such in-
crease. 
(B) The number of eligible individuals who 
were served by such activities and programs. 
(C) The number of eligible individuals who 
were able to resume home and community-based 
services as a result of such activities and pro-
grams. 
(2) HHS EVALUATION.—
1037 
(A) IN
GENERAL.—The Secretary shall 
evaluate the implementation and outcomes of 
this section in the aggregate using an external 
evaluator with experience evaluating home and 
community-based services, disability programs, 
and older adult programs. 
(B) EVALUATION CRITERIA.—For purposes 
of subparagraph (A), the external evaluator 
shall— 
(i) document and evaluate changes in 
access, availability, and quality of home 
and community-based services in each 
HCBS program State; 
(ii) document and evaluate aggregate 
changes in access, availability, and quality 
of home and community-based services 
across all such States; and 
(iii) evaluate the implementation and 
outcomes of this section based on— 
(I) the impact of this section on 
increasing funding for home and com-
munity-based services; 
(II) the impact of this section on 
achieving targeted access, availability,
1038 
and quality of home and community- 
based services; and 
(III) promising practices identi-
fied by activities conducted pursuant 
to subsection (d) that increase access 
to, availability of, and quality of home 
and community-based services. 
(C) DISSEMINATION OF EVALUATION FIND-
INGS.—The Secretary shall— 
(i) disseminate the findings from the 
evaluations conducted under this paragraph 
to— 
(I) all State Medicaid directors; 
and 
(II) the Committee on Energy and 
Commerce of the House of Representa-
tives, the Committee on Finance of the 
Senate, and the Special Committee on 
Aging of the Senate; and 
(ii) make all evaluation findings pub-
licly available in an accessible electronic 
format and any other accessible format de-
termined appropriate by the Secretary. 
(D) OVERSIGHT.—Each State with respect 
to which an application is approved by the Sec-
1039 
retary pursuant to subsection (c) shall ensure 
adequate oversight of the expenditure of Federal 
funds pursuant to such increase in accordance 
with the Medicaid regulations, including section 
1115 and 1915 waiver regulations and special 
terms and conditions for any relevant waiver or 
grant program. 
(3) NON-APPLICATION OF THE PAPERWORK RE-
DUCTION ACT.—Chapter 35 of title 44, United States 
Code (commonly referred to as the ‘‘Paperwork Re-
duction Act of 1995’’), shall not apply to the provi-
sions of this subsection. 
(f) ADDITIONAL DEFINITIONS.—In this section: 
(1) COVID–19 PUBLIC HEALTH EMERGENCY PE-
RIOD.—The term ‘‘COVID–19 public health emer-
gency period’’ means the portion of the emergency pe-
riod described in paragraph (1)(B) of section 1135(g) 
of the Social Security Act (42 U.S.C. 1320b–5(g)) be-
ginning on or after the date of the enactment of this 
Act. 
(2) ELIGIBLE INDIVIDUAL.—The term ‘‘eligible 
individual’’ means an individual who is eligible for 
or enrolled for medical assistance under a State Med-
icaid program.
1284 
paragraph (3) during the emergency period described 
in section 1135(g)(1)(B) of the Social Security Act 
(42 U.S.C. 1320b-5(g)(1)(B)) (whether before, on, or 
after, the date on which the provider submits an ap-
plication under this section) to an uninsured indi-
vidual who is described in such subparagraph (A), 
(B), or (C), respectively, the health care provider— 
(A) shall submit a claim for purposes of re-
imbursement, with respect to such item or serv-
ice— 
(i) from the uninsured portal estab-
lished pursuant to the provider relief fund 
established through the Public Health and 
Social Services Emergency Fund under the 
Coronavirus Aid, Relief, and Economic Se-
curity Act (Public Law 116–136), or pursu-
ant to activities authorized under section 
2812 of the Public Health Service Act (42 
U.S.C. 300hh–11) under the Public Health 
and Social Services Emergency Fund under 
the Families First Coronavirus Response 
Act (Public Law 116–127); or 
(ii) if applicable, under this section 
with respect to expenses incurred in pro-
viding uncompensated care (as described in