I 
117TH CONGRESS 
1ST SESSION H. R. 4979 
To provide emergency loans to maintain access to essential services during 
the COVID–19 pandemic, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 6, 2021 
Ms. TLAIB (for herself, Mr. GRIJALVA, Mr. BOWMAN, Mr. GARCI´A of Illinois, 
and Mr. KHANNA) introduced the following bill; which was referred to the 
Committee on Financial Services, and in addition to the Committee on 
Ways and Means, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To provide emergency loans to maintain access to essential 
services during the COVID–19 pandemic, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Maintaining Access 
to Essential Services Act of 2021’’. 
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SEC. 2. EMERGENCY LOANS TO PUBLICLY OWNED AND 
NONPROFIT WATER AND WASTEWATER UTILI-
TIES. 
(a) DEFINITIONS.—In this section: 
(1) EMERGENCY
PERIOD.—The term ‘‘emer-
gency period’’ means the period that— 
(A) begins on March 13, 2020; and 
(B) ends on the date that is 2 years after 
the date on which the national emergency ter-
minates under section 202 of the National 
Emergencies Act (50 U.S.C. 1622). 
(2) LOAN
PROGRAM.—The term ‘‘loan pro-
gram’’ means the loan program established by the 
Secretary under subsection (b). 
(3) LOAN REPAYMENT DATE.—The term ‘‘loan 
repayment date’’ means the date that is 2 years 
after the date described in paragraph (1)(B). 
(4) NATIONAL
EMERGENCY.—The term ‘‘na-
tional emergency’’ means the national emergency de-
clared by the President under the National Emer-
gencies Act (50 U.S.C. 1601 et seq.) with respect to 
the Coronavirus Disease 2019 (COVID–19). 
(5) PAYMENT SHORTFALL.— 
(A) IN
GENERAL.—The term ‘‘payment 
shortfall’’, with respect to a qualified utility, 
means a good faith estimate of the total 
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amount of rates and charges for water service 
provided during the emergency period that the 
qualified utility has not collected from residen-
tial water consumers of the qualified utility, as 
certified by the qualified utility to the Secretary 
under subsection (g)(1). 
(B) EXCLUSION.—The term ‘‘payment 
shortfall’’ does not include any portion of the 
uncollected amounts described in subparagraph 
(A) that the qualified utility has sold to a third 
party. 
(6) QUALIFIED UTILITY.—The term ‘‘qualified 
utility’’ means— 
(A) a publicly owned or nonprofit commu-
nity water system (as defined in section 1401 of 
the Safe Drinking Water Act (42 U.S.C. 
300f)); and 
(B) a publicly owned treatment works (as 
defined in section 212 of the Federal Water 
Pollution Control Act (33 U.S.C. 1292)). 
(7) RESIDENTIAL
WATER
CONSUMER.—The 
term ‘‘residential water consumer’’ means a house-
hold that serves as a principal residence to which 
water services are provided for any purpose other 
than resale. 
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(8) SECRETARY.—The term ‘‘Secretary’’ means 
Secretary of the Treasury. 
(9) WATER SERVICE.—The term ‘‘water serv-
ice’’ means the treatment and provision of drinking 
water, the collection and treatment of wastewater, or 
stormwater management provided by a qualified util-
ity to a residential water consumer, including any 
activities necessary to provide those services. 
(b) ESTABLISHMENT.— 
(1) IN GENERAL.—The Secretary shall establish 
a loan program to ensure that qualified utilities are 
able to continue providing water service to residen-
tial water consumers during the emergency period. 
(2) REQUIREMENT.—In carrying out the loan 
program, the Secretary shall take all necessary 
steps, including outreach and the provision of tech-
nical assistance to qualified utilities, to ensure that 
all qualified utilities, without reference to the size of 
the customer base of the qualified utility, have a fair 
opportunity to apply for and obtain loans under the 
loan program. 
(c) LOAN
AUTHORIZATION.—The Secretary may 
make 1 or more loans to a qualified utility under the loan 
program, such that the total amount of loans provided to 
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the qualified utility is not greater than the payment short-
fall of the qualified utility. 
(d) LOAN REPAYMENT.— 
(1) IN GENERAL.—Except as provided in para-
graph (2) and subsection (e), a qualified utility re-
ceiving a loan under the loan program shall repay 
the loan in full, with accrued interest, not later than 
the loan repayment date. 
(2) RIGHT
TO
CALL.—Notwithstanding para-
graph (1) and subsection (e), if the qualified utility 
carries out or fails to carry out, as applicable, any 
of the following actions, a loan received by the quali-
fied utility under the loan program shall be due and 
payable in full, with accrued interest, 90 days after 
the date on which the utility carries out or fails to 
carry out, as applicable, that action: 
(A) During the emergency period and after 
the date on which the qualified utility receives 
the loan— 
(i) the qualified utility charges any 
residential water consumer interest, late 
fees, or other charges or penalties associ-
ated with the late payment or nonpayment 
of rates or charges for the provision of 
water service; 
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reasons of safety) water service to all residential 
water consumers of the qualified utility who 
had been disconnected due to nonpayment of 
rates or charges for the provision of water serv-
ice. 
(e) LOAN FORGIVENESS.— 
(1) IN GENERAL.—Except as provided in sub-
section (d)(2), after receipt of a certification under 
subsection (g)(2), the Secretary shall forgive any 
loans provided to a qualified utility under the loan 
program in an amount equal to the total amount of 
the payment shortfall from the residential water con-
sumers of the qualified utility for water service pro-
vided by the qualified utility to those residential 
water consumers during the emergency period. 
(2) REQUIREMENTS.—On forgiveness of a loan 
or a portion of a loan under paragraph (1), the 
qualified utility shall— 
(A) forgive all outstanding debt owed to 
the qualified utility, including any interest 
charges, late fees, or other charges or penalties 
associated with late payment or the non-
payment of rates or charges for the provision of 
water service, that results from the provision of 
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water services to residential water consumers 
during the emergency period; 
(B) not later than 30 days after the date 
on which the debt described in subparagraph 
(A) is forgiven for a residential water consumer, 
notify the residential water consumer of the 
amount of that forgiveness; and 
(C) file with the applicable State regu-
latory commission documents demonstrating 
that rates and charges for the provision of 
water service have been appropriately adjusted. 
(f) INTEREST RATE.—A loan made under the loan 
program shall bear interest at a rate not to exceed 1 per-
cent per year. 
(g) BORROWER REQUIREMENTS.— 
(1) APPLICATION.—A qualified utility seeking a 
loan under the loan program shall submit to the 
Secretary an application at such time, in such man-
ner, and containing such information as the Sec-
retary may require, including— 
(A) the amount of the loan sought by the 
qualified utility, which shall be in an amount 
not greater than the payment shortfall of the 
qualified utility; and 
(B) a good faith certification that— 
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(i) a significant number of the resi-
dential water consumers of the qualified 
utility have not paid for the water service 
received by those residential water con-
sumers during the emergency period; 
(ii) the amount of the loan sought by 
the qualified utility is a good faith estimate 
of the payment shortfall of the qualified 
utility; and 
(iii) a loan in the amount described in 
subparagraph (A) is needed to support the 
qualified utility in continuing to provide 
water service to the residential water con-
sumers of the qualified utility during the 
emergency period. 
(2) FINAL
CERTIFICATION.—Not earlier than 
18 months after the date described in subsection 
(a)(1)(B) and not later than the loan repayment 
date, a qualified utility that receives a loan under 
the loan program shall make a good faith certifi-
cation to the Secretary of the total amount of rates 
that the qualified utility has not collected from the 
residential water consumers of the qualified utility 
for the water service provided to those residential 
water consumers during the emergency period, ex-
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cluding any such amount of uncollected payments 
that the qualified utility has sold to a third party. 
(3) REPORTING
REQUIREMENT.—A qualified 
utility that receives a loan under the loan program 
shall, for each month until the month after the 
month of the loan repayment date or the month in 
which the loan is forgiven under subsection (e), as 
applicable, submit to the Secretary a report that in-
cludes— 
(A) by ZIP Code— 
(i) the number of residential water 
consumers disconnected from water service 
by the qualified utility due to nonpayment 
of rates and charges for the provision of 
water service; 
(ii) the number of restorations of 
water service by the qualified utility of res-
idential water consumers that had been 
disconnected for nonpayment of rates and 
charges for the provision of water service; 
(iii) for each applicable residential 
water consumer, the time between— 
(I) the disconnection of water 
service by the qualified utility for non-
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payment of rates and charges for the 
provision of water service; and 
(II) the restoration of that water 
service; 
(iv) the average time between the dis-
connection and restoration described in 
clause (iii) for all residential water con-
sumers disconnected during the applicable 
month; 
(v) the number of residential water 
consumers for which the time between the 
disconnection and restoration described in 
clause (iii) exceeded 2 days; 
(vi) the number of residential water 
consumers of the qualified utility that be-
came eligible for disconnection of water 
service due to nonpayment of rates and 
charges for the provision of water service 
but, because of a loan received under the 
loan program, avoided disconnection; 
(vii)(I) the number of residential 
water consumers of the qualified utility 
that are in arrears of payment of rates and 
charges for the provision of water service 
by the qualified utility; and 
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(II) the total amount and the range of 
arrearages for which all residential water 
consumers described in subclause (I) are in 
arrears; 
(viii) the total amount for which the 
residential water consumers described in 
clause (vii)(I) have had the amounts de-
scribed in that clause forgiven; 
(ix) the number of residential water 
consumers that have had an arrearage de-
scribed in clause (vii)(I) forgiven in full; 
(x) a good faith estimate of the aver-
age amount per residential water consumer 
of the forgiveness described in clause (ix); 
(xi) the number, if any, of residential 
water consumers that have had an arrear-
age described in clause (vii)(I) forgiven 
only in part; 
(xii)(I) the number, if any, of residen-
tial water consumers for whom an arrear-
age described in clause (vii)(I) has been 
sold to a third-party debt buyer; and 
(II) the total amount of arrearages 
described in clause (vii)(I) that have been 
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sold to a third-party debt buyer, if any; 
and 
(xiii) data similar to the data de-
scribed in clauses (i) through (xii) for the 
arrearages that had accrued at the begin-
ning of the emergency period, including 
how much of those arrearages have been 
forgiven or sold, and how much of those 
arrearages remain; and 
(B) a statement of whether the qualified 
utility has carried out any of the actions de-
scribed in subsection (d)(2)(A) or failed to 
carry out any of the actions described in sub-
section (d)(2)(B) within the applicable month. 
(h) SUBMISSIONS TO CONGRESS.— 
(1) MONTHLY REPORTS.—Not later than 180 
days after the date of enactment of this Act, and 
every other month thereafter for which funding for 
this section remains available, the Secretary shall 
submit to the Committees on Appropriations, Finan-
cial Services, Energy and Commerce, and Transpor-
tation and Infrastructure of the House of Represent-
atives and the Committees on Appropriations, Envi-
ronment and Public Works, and Finance of the Sen-
ate a report that describes— 
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(A) each qualified utility that received a 
loan under or pursuant to this section; 
(B) the total amount of each loan provided 
under or pursuant to this section; 
(C) the amount forgiven under subsection 
(e) for each loan provided under or pursuant to 
this section; and 
(D) a summary of the information pro-
vided by each qualified utility that receives a 
loan under or pursuant to this section under 
paragraphs (2) and (3) of subsection (g). 
(2) OTHER REPORTS.—The Secretary shall sub-
mit to the Committees on Appropriations, Financial 
Services, Energy and Commerce, and Transportation 
and Infrastructure of the House of Representatives 
and the Committees on Appropriations, Environment 
and Public Works, and Finance of the Senate a re-
port that describes the results of activities carried 
out pursuant to this section— 
(A) not later than 1 year after the date of 
enactment of this Act; 
(B) on the date on which all funds appro-
priated under subsection (j) have been fully dis-
bursed; and 
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(C) on the date on which all loans made 
under or pursuant to this section have been re-
paid or forgiven. 
(i) SAVINGS CLAUSE.—Except as provided in sub-
section (e), nothing in this section affects the obligation 
of— 
(1) a residential water consumer to pay for 
water service received by the residential water con-
sumer; or 
(2) a qualified utility to make reasonable, good 
faith efforts to collect payment for water services 
provided to residential water consumers of the quali-
fied utility. 
(j) MANDATORY SPENDING.— 
(1) IN GENERAL.—There is appropriated to the 
Secretary, out of any funds in the Treasury not oth-
erwise appropriated, $12,000,000,000 to carry out 
this section, to remain available until September 30, 
2027. 
(2) REQUIREMENT.—Of the amounts made 
available under paragraph (1) to provide loans under 
the loan program— 
(A) 50 percent shall be used to provide 
loans to qualified utilities described in sub-
section (a)(6)(A); and 
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(B) 50 percent shall be used to provide 
loans to qualified utilities described in sub-
section (a)(6)(B). 
SEC. 3. EMERGENCY LOANS TO PRIVATELY OWNED WATER 
UTILITIES. 
(a) DEFINITIONS.—In this section: 
(1) EMERGENCY
PERIOD.—The term ‘‘emer-
gency period’’ means the period that— 
(A) begins on March 13, 2020; and 
(B) ends on the date that is 2 years after 
the date on which the national emergency ter-
minates under section 202 of the National 
Emergencies Act (50 U.S.C. 1622). 
(2) LOAN
PROGRAM.—The term ‘‘loan pro-
gram’’ means the loan program established by the 
Secretary under subsection (b). 
(3) LOAN REPAYMENT DATE.—The term ‘‘loan 
repayment date’’ means the date that is 2 years 
after the date described in paragraph (1)(B). 
(4) NATIONAL
EMERGENCY.—The term ‘‘na-
tional emergency’’ means the national emergency de-
clared by the President under the National Emer-
gencies Act (50 U.S.C. 1601 et seq.) with respect to 
the Coronavirus Disease 2019 (COVID–19). 
(5) PAYMENT SHORTFALL.— 
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(A) IN
GENERAL.—The term ‘‘payment 
shortfall’’, with respect to a qualified utility, 
means a good faith estimate of the total 
amount of rates and charges for water service 
provided during the emergency period that the 
qualified utility has not collected from residen-
tial water consumers of the qualified utility, as 
certified by the qualified utility to the Secretary 
under subsection (g)(1). 
(B) EXCLUSION.—The term ‘‘payment 
shortfall’’ does not include any portion of the 
uncollected amounts described in subparagraph 
(A) that the qualified utility has sold to a third 
party. 
(6) QUALIFIED UTILITY.—The term ‘‘qualified 
utility’’ means— 
(A) a privately owned, for-profit commu-
nity water system (as defined in section 1401 of 
the Safe Drinking Water Act (42 U.S.C. 
300f)); and 
(B) a privately owned, for-profit treatment 
works (as defined in section 212 of the Federal 
Water Pollution Control Act (33 U.S.C. 1292)). 
(7) RESIDENTIAL
WATER
CONSUMER.—The 
term ‘‘residential water consumer’’ means a house-
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hold that serves as a principal residence to which 
water services are provided for any purpose other 
than resale. 
(8) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Treasury. 
(9) WATER SERVICE.—The term ‘‘water serv-
ice’’ means the treatment and provision of drinking 
water, the collection and treatment of wastewater, or 
stormwater management provided by a qualified util-
ity to a residential water consumer, including any 
activities necessary to provide those services. 
(b) ESTABLISHMENT.— 
(1) IN GENERAL.—The Secretary shall establish 
a loan program to ensure that qualified utilities are 
able to continue providing water service to residen-
tial water consumers during the emergency period. 
(2) REQUIREMENT.—In carrying out the loan 
program, the Secretary shall take all necessary 
steps, including outreach and the provision of tech-
nical assistance to qualified utilities, to ensure that 
all qualified utilities, without reference to the size of 
the customer base of the qualified utility, have a fair 
opportunity to apply for and obtain loans under the 
loan program. 
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(c) LOAN
AUTHORIZATION.—The Secretary may 
make 1 or more loans to a qualified utility under the loan 
program, such that the total amount of loans provided to 
the qualified utility is not greater than the payment short-
fall of the qualified utility. 
(d) LOAN REPAYMENT.— 
(1) IN GENERAL.—Except as provided in para-
graph (2) and subsection (e), a qualified utility re-
ceiving a loan under the loan program shall repay 
the loan in full, with accrued interest, not later than 
the loan repayment date. 
(2) RIGHT
TO
CALL.—Notwithstanding para-
graph (1) and subsection (e), if the qualified utility 
carries out or fails to carry out, as applicable, any 
of the following actions, a loan received by the quali-
fied utility under the loan program shall be due and 
payable in full, with accrued interest, 90 days after 
the date on which the utility carries out or fails to 
carry out, as applicable, that action: 
(A) During the emergency period and after 
the date on which the qualified utility receives 
the loan— 
(i) the qualified utility charges any 
residential water consumer interest, late 
fees, or other charges or penalties associ-
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ated with the late payment or nonpayment 
of rates or charges for the provision of 
water service; 
(ii) the qualified utility discontinues 
water service or refuses to establish new 
water service to any residential water con-
sumer of the qualified utility due to the 
nonpayment of rates or charges or the 
nonpayment of a deposit for the provision 
of water service; 
(iii) the qualified utility sells any un-
collected residential water consumer debt; 
(iv) the qualified utility files an ad-
verse report on a residential water con-
sumer to a credit reporting agency due to 
the nonpayment of rates or charges for the 
provision of water service; or 
(v) the qualified utility charges a serv-
ice restoration fee for the restoration of 
service described in subparagraph (B). 
(B) Not later than 30 days after the date 
on which the qualified utility receives the loan, 
the qualified utility fails to restore (except for 
reasons of safety) water service to all residential 
water consumers of the qualified utility who 
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had been disconnected due to nonpayment of 
rates or charges for the provision of water serv-
ice. 
(e) LOAN FORGIVENESS.— 
(1) IN GENERAL.—Except as provided in sub-
section (d)(2), after receipt of a certification under 
subsection (g)(2), the Secretary shall forgive any 
loans provided to a qualified utility under the loan 
program in an amount equal to 50 percent of the 
total amount of the payment shortfall from the resi-
dential water consumers of the qualified utility for 
water service provided by the qualified utility to 
those residential water consumers during the emer-
gency period. 
(2) REQUIREMENTS.—On forgiveness of a loan 
or a portion of a loan under paragraph (1), the 
qualified utility shall— 
(A) forgive all outstanding debt owed to 
the qualified utility, including any interest 
charges, late fees, or other charges or penalties 
associated with late payment or the non-
payment of rates or charges for the provision of 
water service, that results from the provision of 
water services to residential water consumers 
during the emergency period; and 
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(B) not later than 30 days after the date 
on which the debt described in subparagraph 
(A) is forgiven for a residential water consumer, 
notify the residential water consumer of the 
amount of that forgiveness. 
(f) INTEREST RATE.—A loan made under the loan 
program shall bear interest at a rate not to exceed 1 per-
cent per year. 
(g) BORROWER REQUIREMENTS.— 
(1) APPLICATION.—A qualified utility seeking a 
loan under the loan program shall submit to the 
Secretary an application at such time, in such man-
ner, and containing such information as the Sec-
retary may require, including— 
(A) the amount of the loan sought by the 
qualified utility, which shall be in an amount 
not greater than the payment shortfall of the 
qualified utility; and 
(B) a good faith certification that— 
(i) a significant number of the resi-
dential water consumers of the qualified 
utility are unable to pay for the water serv-
ice received by those residential water con-
sumers during the emergency period; and 
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(ii) the amount of the loan sought by 
the qualified utility is a good faith estimate 
of the payment shortfall of the qualified 
utility. 
(2) FINAL
CERTIFICATION.—Not earlier than 
18 months after the date described in subsection 
(a)(1)(B) and not later than the loan repayment 
date, a qualified utility that receives a loan under 
the loan program shall make a good faith certifi-
cation to the Secretary of the total amount of rates 
that the qualified utility has not collected from the 
residential water consumers of the qualified utility 
for the water service provided to those residential 
water consumers during the emergency period, ex-
cluding any such amount of uncollected payments 
that the qualified utility has sold to a third party. 
(3) REPORTING
REQUIREMENT.—A qualified 
utility that receives a loan under the loan program 
shall, for each month until the month after the 
month of the loan repayment date or the month in 
which the loan is forgiven under subsection (e), as 
applicable, submit to the Secretary a report that in-
cludes— 
(A) by ZIP Code— 
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(i) the number of residential water 
consumers disconnected from water service 
by the qualified utility due to nonpayment 
of rates and charges for the provision of 
water service; 
(ii) the number of restorations of 
water service by the qualified utility of res-
idential water consumers that had been 
disconnected for nonpayment of rates and 
charges for the provision of water service; 
(iii) the average time of the qualified 
utility between— 
(I) the disconnection of water 
service by the qualified utility for non-
payment of rates and charges for the 
provision of water service; and 
(II) the restoration of that water 
service; 
(iv) the number of residential water 
consumers of the qualified utility that be-
came eligible for disconnection of water 
service due to nonpayment of rates and 
charges for the provision of water service 
but, because of a loan received under the 
loan program, avoided disconnection; 
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(v)(I) the number of residential water 
consumers of the qualified utility that are 
in arrears of payment of rates and charges 
for the provision of water service by the 
qualified utility; and 
(II) the total amount and the range of 
arrearages for which all residential water 
consumers described in subclause (I) are in 
arrears; 
(vi) the total amount for which the 
residential water consumers described in 
clause (v)(I) have had the amounts de-
scribed in that clause forgiven; 
(vii) the number of residential water 
consumers that have had an arrearage de-
scribed in clause (v)(I) forgiven in full; 
(viii) a good faith estimate of the av-
erage amount per residential water con-
sumer of the forgiveness described in 
clause (vii); 
(ix) the number, if any, of residential 
water consumers that have had an arrear-
age described in clause (v)(I) forgiven only 
in part; 
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(x)(I) the number, if any, of residen-
tial water consumers for whom an arrear-
age described in clause (v)(I) has been sold 
to a third-party debt buyer; and 
(II) the total amount of arrearages 
described in clause (v)(I) that have been 
sold to a third-party debt buyer, if any; 
and 
(xi) data similar to the data described 
in clauses (i) through (x) for the arrear-
ages that had accrued at the beginning of 
the emergency period, including how much 
of those arrearages have been forgiven or 
sold, and how much of those arrearages re-
main; and 
(B) a statement of whether the qualified 
utility has carried out any of the actions de-
scribed in subsection (d)(2)(A) or failed to 
carry out any of the actions described in sub-
section (d)(2)(B) within the applicable month. 
(h) SUBMISSIONS TO CONGRESS.— 
(1) MONTHLY REPORTS.—Not later than 180 
days after the date of enactment of this Act, and 
every other month thereafter for which funding for 
this section remains available, the Secretary shall 
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submit to the Committees on Appropriations, Finan-
cial Services, Energy and Commerce, and Transpor-
tation and Infrastructure of the House of Represent-
atives and the Committees on Appropriations, Envi-
ronment and Public Works, and Finance of the Sen-
ate a report that describes— 
(A) each qualified utility that received a 
loan under or pursuant to this section; 
(B) the total amount of each loan provided 
under or pursuant to this section; 
(C) the amount forgiven under subsection 
(e) for each loan provided under or pursuant to 
this section; and 
(D) a summary of the information pro-
vided by each qualified utility that receives a 
loan under or pursuant to this section under 
paragraphs (2) and (3) of subsection (g). 
(2) OTHER REPORTS.—The Secretary shall sub-
mit to the Committees on Appropriations, Financial 
Services, Energy and Commerce, and Transportation 
and Infrastructure of the House of Representatives 
and the Committees on Appropriations, Environment 
and Public Works, and Finance of the Senate a re-
port that describes the results of activities carried 
out pursuant to this section— 
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(A) not later than 1 year after the date of 
enactment of this Act; 
(B) on the date on which all funds appro-
priated under subsection (k) have been fully 
disbursed; and 
(C) on the date on which all loans made 
under or pursuant to this section have been re-
paid or forgiven. 
(i) TAXABILITY.—A loan forgiven under subsection 
(e) shall be excluded from gross income for purposes of 
the Internal Revenue Code of 1986. 
(j) SAVINGS CLAUSE.—Except as provided in sub-
section (e), nothing in this section affects the obligation 
of— 
(1) a residential water consumer to pay for 
water service received by the residential water con-
sumer; or 
(2) a qualified utility to make reasonable, good 
faith efforts to collect payment for water services 
provided to residential water consumers of the quali-
fied utility. 
(k) MANDATORY SPENDING.— 
(1) IN GENERAL.—There is appropriated to the 
Secretary, out of any funds in the Treasury not oth-
erwise appropriated, $1,500,000,000 to carry out 
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this section, to remain available until September 30, 
2025. 
(2) REQUIREMENT.—Of the amounts made 
available under paragraph (1) to provide loans under 
the loan program— 
(A) 75 percent shall be used to provide 
loans to qualified utilities described in sub-
section (a)(6)(A); and 
(B) 25 percent shall be used to provide 
loans to qualified utilities described in sub-
section (a)(6)(B). 
(l) FINANCIAL TERMS FOR PRIVATE UTILITIES.— 
(1) FINANCIAL BENEFITS.—Any qualified util-
ity that is owned by shareholders or individuals shall 
not derive any financial benefits, including increased 
rates of return on capital investments, dividends, 
and interest, from receipt of funding under this sec-
tion. 
(2) REPORT.—Any qualified utility that is regu-
lated by a State utility commission and is owned by 
shareholders shall report to its State utility commis-
sion or equivalent financial regulator the amount of 
all loans it receives under this section and all infor-
mation it submits to the Secretary pursuant to sub-
section (g)(3). 
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SEC. 4. EMERGENCY LOANS TO MUNICIPAL AND COOPERA-
TIVE ELECTRIC UTILITIES. 
(a) DEFINITIONS.—In this section: 
(1) ELECTRIC
SERVICE.—The term ‘‘electric 
service’’ means the delivery of electric energy by a 
qualified utility to a residential electricity consumer. 
(2) ELECTRICITY CONSUMER.—The term ‘‘elec-
tricity consumer’’ means a person to which electric 
energy is sold by a qualified utility for any purpose 
other than resale. 
(3) EMERGENCY
PERIOD.—The term ‘‘emer-
gency period’’ means the period that— 
(A) begins on March 13, 2020; and 
(B) ends on the date that is 2 years after 
the date on which the national emergency ter-
minates under section 202 of the National 
Emergencies Act (50 U.S.C. 1622). 
(4) LOAN
PROGRAM.—The term ‘‘loan pro-
gram’’ means the loan program established by the 
Secretary under subsection (b). 
(5) LOAN REPAYMENT DATE.—The term ‘‘loan 
repayment date’’ means the date that is 2 years 
after the date described in paragraph (3)(B). 
(6) NATIONAL
EMERGENCY.—The term ‘‘na-
tional emergency’’ means the national emergency de-
clared by the President in response to the 
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coronavirus disease on March 13, 2020 (Proclama-
tion 9994, 85 Fed. Reg. 15337 (Mar. 18, 2020)). 
(7) PAYMENT
SHORTFALL.—The term ‘‘pay-
ment shortfall’’, with respect to a qualified utility, 
means a good faith estimate of the total amount of 
rates and charges (including interest and fees) for 
electric service provided during the emergency period 
that the qualified utility is unable to collect from all 
residential electricity consumers of the qualified util-
ity, as certified by the qualified utility to the Sec-
retary under subsection (g)(1). 
(8) QUALIFIED UTILITY.—The term ‘‘qualified 
utility’’ means— 
(A) an electric cooperative (as defined in 
section 3 of the Federal Power Act (16 U.S.C. 
796)); and 
(B) an agency, authority, or instrumen-
tality of a State or political subdivision of a 
State that sells electric energy to residential 
electricity consumers. 
(9) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
(b) ESTABLISHMENT.—The Secretary shall establish 
a loan program to ensure that qualified utilities are able 
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to continue providing electric service to residential elec-
tricity consumers during the emergency period. 
(c) LOAN
AUTHORIZATION.—The Secretary may 
make 1 or more loans to a qualified utility under the loan 
program, such that the total amount of loans provided to 
the qualified utility is not more than the payment shortfall 
of the qualified utility. 
(d) LOAN REPAYMENT.— 
(1) IN GENERAL.—Except as provided in para-
graph (2) and subsection (e), a qualified utility re-
ceiving a loan under the loan program shall repay 
the loan in full, with accrued interest, not later than 
the loan repayment date. 
(2) RIGHT
TO
CALL.—Notwithstanding para-
graph (1) and subsection (e), if, during the emer-
gency period and after the date on which a qualified 
utility receives a loan under the loan program, the 
qualified utility discontinues electric service to the 
residential electricity consumers of the qualified util-
ity due to nonpayment of rates and charges for the 
provision of electric service, the loan shall be due 
and payable in full, with accrued interest, 90 days 
after the date on which the qualified utility discon-
tinues that electric service. 
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(e) LOAN FORGIVENESS.—Except as provided in sub-
section (d)(2), the Secretary shall forgive any loans pro-
vided to a qualified utility under the loan program in an 
amount equal to the total amount of payments the quali-
fied utility was unable to collect from the residential elec-
tricity consumers of the qualified utility for electric service 
provided by the qualified utility to those residential elec-
tricity consumers during the emergency period. 
(f) INTEREST RATE.—A loan made under the loan 
program shall bear interest at a rate not to exceed 1 per-
cent per year. 
(g) BORROWER REQUIREMENTS.— 
(1) APPLICATION.—A qualified utility seeking a 
loan under the loan program shall submit to the 
Secretary an application at such time, in such man-
ner, and containing such information as the Sec-
retary may require, including— 
(A) the amount of the loan sought by the 
qualified utility, which shall be in an amount 
equal to the payment shortfall of the qualified 
utility; and 
(B) a good faith certification that— 
(i) a significant number of the resi-
dential electricity consumers of the quali-
fied utility are unable to pay for the elec-
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tric service received by those residential 
electricity consumers during the emergency 
period; 
(ii) the amount of the loan sought by 
the qualified utility is a good faith estimate 
of the payment shortfall of the qualified 
utility; and 
(iii) a loan in the amount described in 
subparagraph (A) is needed to support the 
qualified utility in continuing to provide 
electric service to the residential electricity 
consumers of the qualified utility during 
the emergency period. 
(2) FINAL
CERTIFICATION.—Not earlier than 
the date described in subsection (a)(3)(B) and not 
later than the loan repayment date, a qualified util-
ity that receives a loan under the loan program shall 
make a good faith certification to the Secretary of 
the total amount of rates and charges (including in-
terest and fees) that the qualified utility has been 
unable to recover from the residential electricity con-
sumers of the qualified utility for the electric service 
provided to those residential electricity consumers 
during the emergency period. 
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(3) REPORTING
REQUIREMENTS.—A qualified 
utility that receives a loan under the loan program 
shall submit to the Secretary a monthly report de-
scribing— 
(A) the number of residential electricity 
consumers disconnected by the qualified utility 
for nonpayment; 
(B) the number of service restorations to 
residential electricity consumers disconnected 
for nonpayment; 
(C) the average time between service dis-
connection for nonpayment and service restora-
tion; 
(D) the number of residential electricity 
consumers that became eligible for disconnec-
tion for nonpayment but avoided disconnection 
because of a loan under the loan program; 
(E) the number of residential electricity 
consumers in arrears and the total dollar 
amount of arrears for residential energy con-
sumers of the qualified utility; and 
(F) the amount of arrears forgiven by the 
qualified utility with respect to residential elec-
tricity consumers. 
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(h) TAXABILITY.—A loan forgiven under subsection 
(e) shall be excluded from gross income for purposes of 
the Internal Revenue Code of 1986. 
(i) SAVINGS CLAUSE.—Except as provided in sub-
section (e), nothing in this section affects the obligation 
of— 
(1) an electricity consumer to pay for electric 
service received by the electricity consumer; or 
(2) a qualified utility to make reasonable, good 
faith efforts to collect payment for electric service 
provided to electricity consumers of the qualified 
utility. 
(j) MANDATORY SPENDING.— 
(1) IN GENERAL.—There is appropriated to the 
Secretary, out of any funds in the Treasury not oth-
erwise appropriated, $5,000,000,000 to carry out 
this section, to remain available until September 30, 
2025. 
(2) REQUIREMENT.—Of the amounts made 
available under paragraph (1) to provide loans under 
the loan program— 
(A) 50 percent shall be used to provide 
loans to qualified utilities described in sub-
section (a)(8)(A); and 
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(B) 50 percent shall be used to provide 
loans to qualified utilities described in sub-
section (a)(8)(B). 
SEC. 5. EMERGENCY LOANS TO INVESTOR-OWNED ENERGY 
UTILITIES. 
(a) DEFINITIONS.—In this section: 
(1) EMERGENCY
PERIOD.—The term ‘‘emer-
gency period’’ means the period that— 
(A) begins on March 13, 2020; and 
(B) ends on the date that is 2 years after 
the date on which the national emergency ter-
minates under section 202 of the National 
Emergencies Act (50 U.S.C. 1622). 
(2) ENERGY
CONSUMER.—The term ‘‘energy 
consumer’’ means a person to which electric energy, 
natural gas, or propane is sold by a qualified utility 
for any purpose other than resale. 
(3) ENERGY SERVICE.—The term ‘‘energy serv-
ice’’ means the delivery of electric energy, natural 
gas, or propane by a qualified utility to a residential 
energy consumer. 
(4) 
INTEREST, 
LATE
FEES, 
OR
OTHER 
CHARGES.—The term ‘‘interest, late fees, or other 
charges’’, with respect to the provision of energy 
service to a residential energy consumer, includes— 
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(A) any late fee charged by a qualified util-
ity with respect to the payment or nonpayment 
of rates; 
(B) any other fee charged by a qualified 
utility that is associated with— 
(i) the payment or nonpayment of 
rates; or 
(ii) the connection, disconnection, or 
reconnection of a residential energy con-
sumer; and 
(C) any interest charged by a qualified 
utility to a residential energy consumer. 
(5) LOAN
PROGRAM.—The term ‘‘loan pro-
gram’’ means the loan program established by the 
Secretary under subsection (b). 
(6) LOAN REPAYMENT DATE.—The term ‘‘loan 
repayment date’’ means the date that is 2 years 
after the date described in paragraph (1)(B). 
(7) NATIONAL
EMERGENCY.—The term ‘‘na-
tional emergency’’ means the national emergency de-
clared by the President in response to the 
coronavirus disease on March 13, 2020 (Proclama-
tion 9994, 85 Fed. Reg. 15337 (Mar. 18, 2020)). 
(8) PAYMENT
SHORTFALL.—The term ‘‘pay-
ment shortfall’’, with respect to a qualified utility, 
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means a good faith estimate of the total amount of 
rates for energy service provided during the emer-
gency period that the qualified utility is unable to 
collect from all residential energy consumers of the 
qualified utility, as certified by the qualified utility 
to the Secretary under subsection (g)(1). 
(9) QUALIFIED UTILITY.—The term ‘‘qualified 
utility’’ means an investor-owned— 
(A) electric utility; 
(B) gas utility; or 
(C) utility that sells and delivers propane 
to energy consumers. 
(10) RATE.— 
(A) IN GENERAL.—The term ‘‘rate’’, with 
respect to the provision of energy service to a 
residential energy consumer, means the amount 
charged by a qualified utility for that energy 
service. 
(B) EXCLUSIONS.—The term ‘‘rate’’ does 
not include— 
(i) any late fee charged by a qualified 
utility with respect to the payment or non-
payment of an amount described in sub-
paragraph (A); 
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(ii) any other fee charged by a quali-
fied utility that is associated with— 
(I) the payment or nonpayment 
of an amount described in that sub-
paragraph; or 
(II) the connection, disconnec-
tion, or reconnection of a residential 
energy consumer; or 
(iii) any interest charged by a quali-
fied utility to a residential energy con-
sumer, including any interest on— 
(I) a fee described in clause (i) or 
(ii); or 
(II) an amount described in sub-
paragraph (A). 
(11) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the Treasury. 
(b) ESTABLISHMENT.—The Secretary shall establish 
a loan program to ensure that qualified utilities are able 
to continue providing energy service to residential energy 
consumers during the emergency period. 
(c) LOAN
AUTHORIZATION.—The Secretary may 
make 1 or more loans to a qualified utility under the loan 
program, such that the total amount of loans provided to 
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the qualified utility is not more than the payment shortfall 
of the qualified utility. 
(d) LOAN REPAYMENT.— 
(1) IN GENERAL.—Except as provided in para-
graph (2) and subsection (e), a qualified utility re-
ceiving a loan under the loan program shall repay 
the loan in full, with accrued interest, not later than 
the loan repayment date. 
(2) RIGHT
TO
CALL.—Notwithstanding para-
graph (1) and subsection (e), if, during the emer-
gency period and after the date on which a qualified 
utility receives a loan under the loan program, the 
qualified utility charges residential energy consumers 
interest, late fees, or other charges, does not recon-
nect all residential energy consumers who have been 
disconnected for nonpayment of rates or interest, 
late fees, or other charges by the date that is 30 
days after the date on which the loan is made, or 
discontinues energy service to a residential energy 
consumer due to nonpayment of rates or interest, 
late fees, or other charges, the loan shall be due and 
payable in full, with accrued interest, 90 days after, 
as applicable— 
(A) the date on which the qualified utility 
first charged residential energy consumers in-
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terest, late fees, or other charges after receiving 
the loan; 
(B) the deadline by which to reconnect all 
residential energy consumers under this para-
graph; or 
(C) the first date after receipt of the loan 
on which the qualified utility disconnected a 
residential energy consumer. 
(e) LOAN FORGIVENESS.— 
(1) IN GENERAL.—Except as provided in sub-
section (d)(2), after receiving from a qualified utility 
the final certification described in subsection (g)(2), 
the Secretary shall forgive any loans provided to 
that qualified utility under the loan program in an 
amount equal to 50 percent of the total amount of 
rates the qualified utility was unable to collect from 
the residential energy consumers of the qualified 
utility for energy service provided by the qualified 
utility to those residential energy consumers during 
the emergency period. 
(2) REQUIREMENT.—On forgiveness of a loan 
or a portion of a loan under paragraph (1), the 
qualified utility shall forgive all outstanding debt 
owed to the qualified utility that results from the 
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provision of energy service to residential energy con-
sumers during the emergency period. 
(f) INTEREST RATE.—A loan made under the loan 
program shall bear interest at a rate not to exceed 1 per-
cent per year. 
(g) BORROWER REQUIREMENTS.— 
(1) APPLICATION.—A qualified utility seeking a 
loan under the loan program shall submit to the 
Secretary an application at such time, in such man-
ner, and containing such information as the Sec-
retary may require, including— 
(A) the amount of the loan sought by the 
qualified utility, which shall be in an amount 
equal to the payment shortfall of the qualified 
utility; and 
(B) a good faith certification that— 
(i) a significant number of the resi-
dential energy consumers of the qualified 
utility are unable to pay for the energy 
service received by those residential energy 
consumers during the emergency period; 
and 
(ii) the amount of the loan sought by 
the qualified utility is a good faith estimate 
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(D) the number of residential energy con-
sumers that became eligible for disconnection 
for nonpayment but avoided disconnection be-
cause of a loan under the loan program; 
(E) the number of residential energy con-
sumers in arrears and the total dollar amount 
of arrears for residential energy consumers of 
the qualified utility; and 
(F) the amount of arrears forgiven by the 
qualified utility with respect to residential en-
ergy consumers. 
(h) TAXABILITY.—A loan forgiven under subsection 
(e) shall be excluded from gross income for purposes of 
the Internal Revenue Code of 1986. 
(i) SAVINGS CLAUSE.—Except as provided in sub-
section (e), nothing in this section affects the obligation 
of— 
(1) an energy consumer to pay for energy serv-
ice received by the energy consumer; or 
(2) a qualified utility to make reasonable, good 
faith efforts to collect payment for energy service 
provided to energy consumers of the qualified utility. 
(j) MANDATORY SPENDING.—There is appropriated 
to the Secretary, out of any funds in the Treasury not 
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otherwise appropriated, $8,000,000,000 to carry out this 
section, to remain available until September 30, 2025. 
SEC. 6. EMERGENCY LOANS TO INTERNET SERVICE PRO-
VIDERS. 
(a) DEFINITIONS.—In this section: 
(1) COVERED LOAN.—The term ‘‘covered loan’’ 
means a loan made by the Secretary to an internet 
service provider under the program established 
under subsection (c). 
(2) INTERNET CONSUMER.—The term ‘‘internet 
consumer’’ means a household to which internet 
service is provided. 
(3) EMERGENCY
PERIOD.—The term ‘‘emer-
gency period’’ means the period during which the 
national emergency declaration by the President 
under the National Emergencies Act (50 U.S.C. 
1601 et seq.) with respect to the Coronavirus Dis-
ease 2019 (COVID–19) is in effect. 
(4) LARGE
INTERNET
SERVICE
PROVIDER.— 
The term ‘‘large internet service provider’’ means an 
internet service provider that provides internet serv-
ice to not fewer than 250,000 customers. 
(5) LOAN REPAYMENT DATE.—The term ‘‘loan 
repayment date’’ means the date that is 2 years 
after the last day of the emergency period. 
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(6) PAYMENT
SHORTFALL.—The term ‘‘pay-
ment shortfall’’ means the total amount of rates and 
charges for internet service provided by an internet 
service provider during the emergency period that 
the provider is unable to recover from internet con-
sumers. 
(7) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Treasury. 
(8) SMALL
INTERNET
SERVICE
PROVIDER.— 
The term ‘‘small internet service provider’’ means an 
internet service provider that provides internet serv-
ice to fewer than 250,000 customers. 
(b) ESTABLISHMENT OF LOAN PROGRAM.—The Sec-
retary shall establish a loan program in accordance with 
this section to ensure that internet service providers are 
able to continue providing internet service to their internet 
consumers during the emergency period. 
(c) LOAN
AUTHORIZATION.—The Secretary may 
make 1 or more loans to an internet service provider under 
this section in a total amount equal to the payment short-
fall of the internet service provider, based on a good-faith 
estimate of the payment shortfall made by the provider 
when applying for the loan. 
(d) LOAN REPAYMENT.— 
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(1) IN GENERAL.—Except as provided in para-
graph (2) and subsections (e) and (f), not later than 
the loan repayment date, an internet service provider 
receiving a covered loan shall repay the covered loan 
in full, with accrued interest. 
(2) EXTENSION
IF
FORGIVENESS
AMOUNT 
PENDING.—It shall not be considered a violation of 
paragraph (1) if an internet service provider— 
(A) submits a final certification under sub-
section (h)(2) on or before the loan repayment 
date; 
(B) is unable to meet the deadline under 
paragraph (1) of this subsection because the 
internet service provider is waiting for the Sec-
retary to calculate the amount of the covered 
loan that will be forgiven; and 
(C) pays the final balance owed on the cov-
ered loan within a reasonable amount of time, 
as determined by the Secretary, after the Sec-
retary forgives the covered loan (in whole or in 
part) under subsection (e)(1). 
(e) LOAN FORGIVENESS.— 
(1) FORGIVENESS OF COVERED LOANS.— 
(A) IN GENERAL.—Except as provided in 
subsection (f), after receiving a final certifi-
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cation from an internet service provider under 
subsection (h)(2), the Secretary shall forgive— 
(i) the portion of the total amount of 
covered loans made to the internet service 
provider that is equal to the applicable 
amount; and 
(ii) the interest accrued on the for-
given amount described in clause (i). 
(B) APPLICABLE AMOUNT.—For purposes 
of 
this 
paragraph, 
the 
term 
‘‘applicable 
amount’’— 
(i) with respect to a small internet 
service provider, means the payment short-
fall; and 
(ii) with respect to a large internet 
service provider, means one-half of the 
payment shortfall. 
(2) FORGIVENESS OF CUSTOMER DEBT.—Upon 
forgiveness of the covered loans (in whole or in part) 
made to an internet service provider under para-
graph (1), the internet service provider shall forgive 
all outstanding debt of the internet consumers of the 
internet service provider relating to internet service 
provided during the emergency period. 
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(f) RIGHT TO CALL.—If, after receipt of a covered 
loan, an internet service provider discontinues internet 
service to an internet consumer for nonpayment of a bill 
during the emergency period, the covered loan shall be due 
and payable in full to the Secretary, with accrued interest, 
not later than 90 days after the date of discontinuance. 
(g) INTEREST RATE.—A covered loan shall bear in-
terest at a rate of not more than 1 percent per year. 
(h) BORROWER REQUIREMENTS.— 
(1) INITIAL CERTIFICATION.—In applying for a 
covered loan, an internet service provider shall cer-
tify to the Secretary that— 
(A) a significant number of its internet 
consumers are unable to pay for internet service 
during the national emergency; and 
(B) the amount of the covered loan re-
quested is a good faith estimate of the payment 
shortfall of the internet service provider. 
(2) FINAL
CERTIFICATION.—Not earlier than 
18 months after the last day of the emergency pe-
riod, and not later than the loan repayment date, an 
internet service provider that receives a covered loan 
shall certify to the Secretary the amount of the pay-
ment shortfall. 
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(i) TAXABILITY.—For purposes of the Internal Rev-
enue Code of 1986, any amount that (but for this sub-
section) would be included in the gross income of an inter-
net service provider by reason of forgiveness under sub-
section (e)(1) shall be excluded from gross income. 
(j) SAVINGS CLAUSE.—Except as provided in sub-
section (e), nothing in this section shall be construed to 
relieve— 
(1) an internet consumer from paying for inter-
net service provided to the internet consumer; or 
(2) an internet service provider from making 
reasonable, good faith efforts to collect payment for 
internet service from its internet consumers. 
(k) DIRECT APPROPRIATION.—Out of any funds in 
the Treasury not otherwise appropriated, there is appro-
priated to the Secretary to carry out this section 
$13,000,000,000 for fiscal year 2021, to remain available 
through September 30, 2025, of which— 
(1) $5,000,000,000 shall be for covered loans to 
small internet service providers; and 
(2) $8,000,000,000 shall be for covered loans to 
large internet service providers. 
Æ 
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