1139 
and Impact Banks to increase the volume of loans 
provided by such institutions to small business con-
cerns (as defined under section 3 of the Small Busi-
ness Act (15 U.S.C. 632)). 
(2) REPORT TO CONGRESS.—Not later than 18 
months after the establishment of the task force de-
scribed in paragraph (1), the Administrator of the 
Small Business Administration shall submit to Con-
gress a report on the findings of such task force. 
(o) ASSISTANCE TO MINORITY DEPOSITORY INSTITU-
TIONS AND IMPACT BANKS.—The Secretary of the Treas-
ury shall establish a program to provide assistance to a 
minority depository institution or an impact bank (as des-
ignated pursuant to subsection (e)) to support growth and 
development of such minority depository institutions and 
impact banks, including by providing assistance with ob-
taining or converting a charter, bylaw amendments, field- 
of-membership expansion requests, and online training 
and resources.
1140 
TITLE VIII—PROVIDING ASSIST-
ANCE 
FOR 
STATE, 
TERRI-
TORY, TRIBAL, AND LOCAL 
GOVERNMENTS 
SEC. 110801. EMERGENCY RELIEF FOR STATE, TERRI-
TORIAL, TRIBAL, AND LOCAL GOVERNMENTS. 
(a) PURCHASE OF COVID–19 RELATED MUNICIPAL 
ISSUANCES.—Section 14(b) of the Federal Reserve Act 
(12 U.S.C. 355) is amended by adding at the end the fol-
lowing new paragraph: 
‘‘(3) UNUSUAL
AND EXIGENT CIRCUMSTANCES.— 
Under unusual and exigent circumstances, to buy any 
bills, notes, revenue bonds, and warrants issued by any 
State, county, district, political subdivision, municipality, 
or entity that is a combination of any of the several States, 
the District of Columbia, or any of the territories and pos-
sessions of the United States. In this paragraph, the term 
‘State’ means each of the several States, the District of 
Columbia, each territory and possession of the United 
States, and each federally recognized Indian Tribe.’’. 
(b) FEDERAL RESERVE AUTHORIZATION TO PUR-
CHASE COVID–19 RELATED MUNICIPAL ISSUANCES.— 
Within 7 days after the date of the enactment of this sub-
section, the Board of Governors of the Federal Reserve 
System shall modify the Municipal Liquidity Facility (es-
1141 
tablished on April 9, 2020, pursuant to section 13(3) of 
the Federal Reserve Act (12 U.S.C. 343(3))) to— 
(1) ensure such facility is operational until De-
cember 31, 2021; 
(2) allow for the purchase of bills, notes, bonds, 
and warrants with maximum maturity of 10 years 
from the date of such purchase; 
(3) ensure that any purchases made are at an 
interest rate equal to the discount window primary 
credit interest rate most recently published on the 
Federal Reserve Statistical Release on selected inter-
est rates (daily or weekly), commonly referred to as 
the ‘‘H.15 release’’ or the ‘‘Federal funds rate’’; 
(4) ensure that an eligible issuer does not need 
to attest to an inability to secure credit elsewhere; 
and 
(5) include in the list of eligible issuers for such 
purchases— 
(A) any of the territories and possessions 
of the United States; 
(B) a political subdivision of a State with 
a population of more than 50,000 residents; 
and 
(C) an entity that is a combination of any 
of the several States, the District of Columbia,
1142 
or any of the territories and possessions of the 
United States. 
SEC. 110802. COMMUNITY DEVELOPMENT BLOCK GRANTS. 
(a) FUNDING AND ALLOCATIONS.— 
(1) AUTHORIZATION
OF
APPROPRIATIONS.— 
There 
is 
authorized 
to 
be 
appropriated 
$5,000,000,000 for assistance in accordance with 
this section under the community development block 
grant program under title I of the Housing and 
Community Development Act of 1974 (42 U.S.C. 
5301 et seq.), which shall remain available until 
September 30, 2023. 
(2) ALLOCATION.—Amounts made available 
pursuant to paragraph (1) shall be distributed pur-
suant to section 106 of such Act (42 U.S.C. 5306) 
to grantees and such allocations shall be made with-
in 30 days after the date of the enactment of this 
Act. 
(b) TIME LIMITATION ON EMERGENCY GRANT PAY-
MENTS.—Paragraph (4) of section 570.207(b) of the Sec-
retary’s regulations (24 C.F.R. 570.207(b)(4)) shall be 
applied with respect to grants with amounts made avail-
able pursuant to subsection (a), by substituting ‘‘121 con-
secutive months’’ for ‘‘3 consecutive months’’.
1143 
(c) MATCHING OF AMOUNTS USED FOR ADMINISTRA-
TIVE COSTS.—Any requirement for a State to match or 
supplement amounts expended for program administration 
of State grants under section 106(d) of the Housing and 
Community Development Act of 1974 (42 U.S.C. 
5306(d)) shall not apply with respect to amounts made 
available pursuant to subsection (a). 
(d) CAPER INFORMATION.—During the period that 
begins on the date of enactment of this Act and ends on 
the date of the termination by the Federal Emergency 
Management Agency of the emergency declared on March 
13, 2020, by the President under the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 
4121 et seq.) relating to the Coronavirus Disease 2019 
(COVID-19) pandemic, the Secretary shall make all infor-
mation included in Consolidated Annual Performance and 
Evaluation Reports relating to assistance made available 
pursuant to this section publicly available on its website 
on a quarterly basis. 
(e) AUTHORITY; WAIVERS.—Any provisions of, and 
waivers and alternative requirements issued by the Sec-
retary pursuant to, the heading ‘‘Department of Housing 
and Urban Development—Community Planning and De-
velopment —Community Development Fund’’ in title XII 
of division B of the CARES Act (Public Law 116–136)
1144 
shall apply with respect to amounts made available pursu-
ant to subsection (a) of this section. 
TITLE 
IX—PROVIDING 
OVER-
SIGHT AND PROTECTING TAX-
PAYERS 
SEC. 110901. MANDATORY REPORTS TO CONGRESS. 
(a) DISCLOSURE OF TRANSACTION REPORTS.—Sec-
tion 4026(b)(1)(A)(iii) of the CARES Act (Public Law 
116–136) is amended— 
(1) in subclause (IV)— 
(A) by inserting ‘‘and the justification for 
such exercise of authority’’ after ‘‘authority’’; 
and 
(B) by striking ‘‘and’’ at the end; 
(2) in subclause (V), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(VI) the identity of each recipi-
ent of a loan or loan guarantee de-
scribed in subclause (I); 
‘‘(VII) the date and amount of 
each such loan or loan guarantee and 
the form in which each such loan or 
loan guarantee was provided;
1145 
‘‘(VIII) the material terms of 
each such loan or loan guarantee, in-
cluding— 
‘‘(aa) duration; 
‘‘(bb) collateral pledged and 
the value thereof; 
‘‘(cc) all interest, fees, and 
other revenue or items of value to 
be received in exchange for such 
loan or loan guarantee; 
‘‘(dd) any requirements im-
posed on the recipient with re-
spect to employee compensation, 
distribution of dividends, or any 
other corporate decision in ex-
change for the assistance; and 
‘‘(ee) the expected costs to 
the Federal Government with re-
spect to such loans or loan guar-
antees.’’. 
(b) REPORTS BY THE SECRETARY OF THE TREAS-
URY.—Section 4018 of the CARES Act (Public Law 116– 
136) is amended by adding at the end the following: 
‘‘(k) REPORTS BY THE SECRETARY.—Not later than 
7 days after the last day of each month, the Secretary
1146 
shall submit to the Special Inspector General, the Com-
mittee on Financial Services of the House of Representa-
tives, and the Committee on Banking, Housing, and 
Urban Affairs of the Senate a report that includes the in-
formation specified in subparagraphs (A) through (E) of 
subsection (c)(1) with respect to the making, purchase, 
management, and sale of loans, loan guarantees, and other 
investments made by the Secretary under any program es-
tablished by the Secretary under this Act.’’. 
SEC. 110902. DISCRETIONARY REPORTS TO CONGRESS. 
Section 4020(b) of the CARES Act (Public Law 116– 
136) is amended by adding at the end the following: 
‘‘(3) 
DISCRETIONARY
REPORTS
TO
CON-
GRESS.—In addition to the reports required under 
paragraph (2), the Oversight Commission may sub-
mit other reports to Congress at such time, in such 
manner, and containing such information as the 
Oversight Commission determines appropriate.’’. 
SEC. 110903. DEFINITION OF APPROPRIATE CONGRES-
SIONAL COMMITTEES. 
(a) PANDEMIC RESPONSE ACCOUNTABILITY COM-
MITTEE.—Section 15010(a)(2) of the CARES Act (Public 
Law 116–136) is amended—
1147 
(1) 
by 
redesignating 
subparagraphs 
(B) 
through (D) as subparagraphs (D) through (F), re-
spectively; and 
(2) by inserting after subparagraph (A) the fol-
lowing: 
‘‘(B) the Committee on Banking, Housing, 
and Urban Affairs of the Senate; 
‘‘(C) the Committee on Financial Services 
of the House of Representatives;’’. 
(b) OVERSIGHT AND AUDIT AUTHORITY.—Section 
19010(a)(1) of the CARES Act (Public Law 116–136) is 
amended— 
(1) 
by 
redesignating 
subparagraphs 
(B) 
through (G) as subparagraphs (D) through (I), re-
spectively; and 
(2) by inserting after subparagraph (A) the fol-
lowing: 
‘‘(B) the Committee on Banking, Housing, 
and Urban Affairs of the Senate; 
‘‘(C) the Committee on Financial Services 
of the House of Representatives;’’. 
SEC. 110904. REPORTING BY INSPECTORS GENERAL. 
(a) DEFINITION OF COVERED AGENCY.—In this sec-
tion, the term ‘‘covered agency’’ means— 
(1) the Department of the Treasury;
1148 
(2) the Federal Deposit Insurance Corporation; 
(3) the Office of the Comptroller of the Cur-
rency; 
(4) the Board of Governors of the Federal Re-
serve System; 
(5) the National Credit Union Administration; 
(6) the Bureau of Consumer Financial Protec-
tion; 
(7) the Department of Housing and Urban De-
velopment; 
(8) the Department of Agriculture, Rural Hous-
ing Service; 
(9) the Securities and Exchange Commission; 
and 
(10) the Federal Housing Finance Agency. 
(b) REPORT.—The Inspector General of each covered 
agency shall include in each semiannual report submitted 
by the Inspector General the findings of the Inspector 
General on the effectiveness of— 
(1) rulemaking by the covered agency related to 
COVID–19; and 
(2) supervision and oversight by the covered 
agency of institutions and entities that participate in 
COVID–19-related relief, funding, lending, or other 
programs of the covered agency.
1149 
(c) SUBMISSION.—The Inspector General of each cov-
ered agency shall submit the information required to be 
included in each semiannual report under subsection (b) 
to— 
(1) the Special Inspector General for Pandemic 
Recovery appointed under section 4018 of division A 
of the CARES Act (Public Law 116–136); 
(2) the Pandemic Response Accountability 
Committee established under section 15010 of divi-
sion B of the CARES Act (Public Law 116–136); 
and 
(3) the Congressional Oversight Commission es-
tablished under section 4020 of division A of the 
CARES Act (Public Law 116–136).
1150 
DIVISION L—FAMILIES, WORK-
ERS, AND COMMUNITY SUP-
PORT PROVISIONS 
TITLE 
I—AMENDMENTS 
TO 
EMERGENCY 
FAMILY 
AND 
MEDICAL LEAVE EXPANSION 
ACT AND EMERGENCY PAID 
SICK LEAVE ACT 
Subtitle A—Emergency Family and 
Medical Leave Expansion Act 
Amendments 
SEC. 120101. REFERENCES. 
Except as otherwise expressly provided, whenever in 
this subtitle an amendment or repeal is expressed in terms 
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a 
section or other provision of the Family and Medical Leave 
Act of 1993 (29 U.S.C. 2601 et seq.), as amended by the 
Emergency Family and Medical Leave Expansion Act 
(Public Law 116–127). 
SEC. 120102. EMPLOYEE ELIGIBILITY AND EMPLOYER 
CLARIFICATION. 
(a) EMPLOYEE
ELIGIBILITY.—Section 101(2) is 
amended by adding at the end the following:
1151 
‘‘(F) 
ALTERNATIVE
ELIGIBILITY
FOR 
COVID–19 PUBLIC HEALTH EMERGENCY .—For 
the period beginning on the date of enactment 
of The Heroes Act and ending on December 31, 
2022— 
‘‘(i) subparagraph (A)(i) shall be ap-
plied by substituting ‘90 days’ for ‘12 
months’; and 
‘‘(ii) subparagraph (A)(ii) shall not 
apply.’’. 
(b) EMPLOYER CLARIFICATION.—Section 101(4) is 
amended by adding at the end the following: 
‘‘(C) 
CLARIFICATION.—Subparagraph 
(A)(i) shall not apply with respect to a public 
agency described in subparagraph (A)(iii).’’. 
SEC. 120103. EMERGENCY LEAVE EXTENSION. 
Section 102(a)(1)(F) is amended by striking ‘‘De-
cember 31, 2020’’ and inserting ‘‘December 31, 2021’’. 
SEC. 120104. EMERGENCY LEAVE DEFINITIONS. 
(a) ELIGIBLE
EMPLOYEE.—Section 110(a)(1) is 
amended in subparagraph (A), by striking ‘‘sections 
101(2)(A) and 101(2)(B)(ii)’’ and inserting ‘‘section 
101(2)’’.
1152 
(b) EMPLOYER THRESHOLD.—Section 110(a)(1)(B) 
is amended by striking ‘‘fewer than 500 employees’’ and 
inserting ‘‘1 or more employees’’. 
(c) PARENT.—Section 110(a)(1) is amended by add-
ing at the end the following: 
‘‘(C) PARENT.—In lieu of the definition in 
section 101(7), the term ‘parent’, with respect 
to an employee, means any of the following: 
‘‘(i) A biological, foster, or adoptive 
parent of the employee. 
‘‘(ii) A stepparent of the employee. 
‘‘(iii) A parent-in-law of the employee. 
‘‘(iv) A parent of a domestic partner 
of the employee. 
‘‘(v) A legal guardian or other person 
who stood in loco parentis to an employee 
when the employee was a child.’’. 
(d) QUALIFYING NEED RELATED
TO
A PUBLIC 
HEALTH EMERGENCY.—Section 110(a)(2)(A) is amended 
to read as follows: 
‘‘(A) QUALIFYING
NEED
RELATED
TO
A 
PUBLIC
HEALTH
EMERGENCY.—The 
term 
‘qualifying need related to a public health emer-
gency’, with respect to leave, means that the 
employee is unable to perform the functions of
1153 
the position of such employee due to a need for 
leave for any of the following: 
‘‘(i) To self-isolate because the em-
ployee is diagnosed with COVID–19. 
‘‘(ii) To obtain a medical diagnosis or 
care if such employee is experiencing the 
symptoms of COVID–19. 
‘‘(iii) To comply with a recommenda-
tion or order by a public official with juris-
diction or a health care provider to self iso-
late, without regard to whether such rec-
ommendation or order is specific to the 
employee, on the basis that the physical 
presence of the employee on the job would 
jeopardize the employee’s health, the 
health of other employees, or the health of 
an individual in the household of the em-
ployee because of— 
‘‘(I) the possible exposure of the 
employee to COVID–19; or 
‘‘(II) exhibition of symptoms of 
COVID–19 by the employee. 
‘‘(iv) To care for or assist a family 
member of the employee, without regard to 
whether another individual other than the
1154 
employee is available to care for or assist 
such family member, because— 
‘‘(I) such family member— 
‘‘(aa) is self-isolating be-
cause such family member has 
been diagnosed with COVID–19; 
or 
‘‘(bb) is experiencing symp-
toms of COVID–19 and needs to 
obtain medical diagnosis or care; 
or 
‘‘(II) a public official with juris-
diction or a health care provider 
makes a recommendation or order 
with respect to such family member, 
without regard to whether such deter-
mination is specific to such family 
member, that the presence of the fam-
ily member in the community would 
jeopardize the health of other individ-
uals in the community because of— 
‘‘(aa) the possible exposure 
of 
such 
family 
member 
to 
COVID–19; or
1155 
‘‘(bb) exhibition of symp-
toms of COVID–19 by such fam-
ily member. 
‘‘(v) To care for the son or daughter 
of such employee if the school or place of 
care has been closed, or the child care pro-
vider of such son or daughter is unavail-
able, due to COVID–19. 
‘‘(vi) To care for a family member 
who is incapable of self-care because of a 
mental or physical disability or is a senior 
citizen, without regard to whether another 
individual other than the employee is avail-
able to care for such family member, if the 
place of care for such family member is 
closed or the direct care provider is un-
available due to COVID–19.’’. 
(e) FAMILY MEMBER.—Section 110(a)(2) is amended 
by adding at the end the following: 
‘‘(E) FAMILY MEMBER.—The term ‘family 
member’, with respect to an employee, means 
any of the following: 
‘‘(i) A parent of the employee. 
‘‘(ii) A spouse of the employee. 
‘‘(iii) A sibling of the employee.
1156 
‘‘(iv) Next of kin of the employee or 
a person for whom the employee is next of 
kin. 
‘‘(v) A son or daughter of the em-
ployee. 
‘‘(vi) A grandparent or grandchild of 
the employee. 
‘‘(vii) A domestic partner of the em-
ployee. 
‘‘(viii) Any other individual related by 
blood or affinity whose close association 
with the employee is the equivalent of a 
family relationship. 
‘‘(F) DOMESTIC PARTNER.— 
‘‘(i) IN GENERAL.—The term ‘domes-
tic partner’, with respect to an individual, 
means another individual with whom the 
individual is in a committed relationship. 
‘‘(ii) COMMITTED RELATIONSHIP DE-
FINED.—The term ‘committed relationship’ 
means a relationship between 2 individuals, 
each at least 18 years of age, in which 
each individual is the other individual’s 
sole domestic partner and both individuals 
share responsibility for a significant meas-
1157 
ure of each other’s common welfare. The 
term includes any such relationship be-
tween 2 individuals that is granted legal 
recognition by a State or political subdivi-
sion of a State as a marriage or analogous 
relationship, including a civil union or do-
mestic partnership.’’. 
SEC. 120105. REGULATORY AUTHORITIES. 
(a) IN GENERAL.—Section 110(a) is amended by 
striking paragraph (3). 
(b) FORCE OR EFFECT OF REGULATIONS.—Any reg-
ulation issued under section 110(a)(3), as in effect on the 
day before the date of the enactment of this Act, shall 
have no force or effect. 
SEC. 120106. PAID LEAVE. 
Section 110(b) of the Family and Medical Leave Act 
of 1993 is amended— 
(1) in the heading, by striking ‘‘Relationship 
to’’; 
(2) by amending paragraph (1) to read as fol-
lows: 
‘‘(1) EMPLOYEE ELECTION.— 
‘‘(A) IN
GENERAL.—An employee may 
elect to substitute any vacation leave, personal 
leave, or medical or sick leave for paid leave
1158 
under section 102(a)(1)(F) in accordance with 
section 102(d)(2)(B). 
‘‘(B) EMPLOYER REQUIREMENT.—An em-
ployer may not require an employee to sub-
stitute any leave described in subparagraph (A) 
for leave under section 102(a)(1)(F). 
‘‘(C) RELATIONSHIP
TO
OTHER
FAMILY 
AND MEDICAL LEAVE.—Leave taken under sub-
paragraph (F) of section 102(a)(1) shall not 
count towards the 12 weeks of leave to which 
an employee is entitled under subparagraphs 
(A) through (E) of such section. 
‘‘(D) RELATIONSHIP
TO
LIMITATION.— 
Compensation for any vacation leave, personal 
leave, or medical or sick leave that is sub-
stituted for leave under section 102(a)(1)(F) 
shall not count toward the limitation under 
paragraph (2)(B)(ii).’’; and 
(3) in paragraph (2)(A), by striking ‘‘that an 
employee takes’’ and all that follows through ‘‘10 
days’’. 
SEC. 120107. WAGE RATE. 
Section 110(b)(2)(B) is amended— 
(1) by amending clause (i)(I) to read as follows:
1159 
‘‘(I) an amount that is not less 
than the greater of— 
‘‘(aa) the minimum wage 
rate in effect under section 
6(a)(1) of the Fair Labor Stand-
ards Act of 1938 (29 U.S.C. 
206(a)(1)); 
‘‘(bb) the minimum wage 
rate in effect for such employee 
in the applicable State or locality, 
whichever is greater, in which the 
employee is employed; or 
‘‘(cc) two thirds of an em-
ployee’s regular rate of pay (as 
determined under section 7(e) of 
the Fair Labor Standards Act of 
1938 (29 U.S.C. 207(e)); and’’; 
and 
(2) in clause (ii), by striking ‘‘$10,000’’ and in-
serting ‘‘$12,000’’. 
SEC. 120108. NOTICE. 
Section 110(c) is amended by striking ‘‘for the pur-
pose described in subsection (a)(2)(A)’’.
1160 
SEC. 120109. INTERMITTENT LEAVE. 
Section 110 is amended by adding at the end the fol-
lowing: 
‘‘(e) LEAVE TAKEN INTERMITTENTLY OR ON A RE-
DUCED
WORK
SCHEDULE.—Leave 
under 
section 
102(a)(1)(F) may be taken by an employee intermittently 
or on a reduced work schedule, without regard to whether 
the employee and the employer of the employee have an 
agreement with respect to whether such leave may be 
taken intermittently or on a reduced work schedule.’’. 
SEC. 120110. CERTIFICATION. 
Section 110 is further amended by adding at the end 
the following: 
‘‘(f) CERTIFICATION.— 
‘‘(1) IN
GENERAL.—If an employer requires 
that a request for leave under section 102(a)(1)(F) 
be certified, the employer may require documenta-
tion for certification not earlier than 5 weeks after 
the date on which the employee takes such leave. 
‘‘(2) SUFFICIENT
CERTIFICATION.—The fol-
lowing documentation shall be sufficient for certifi-
cation: 
‘‘(A) With respect to leave taken for the 
purposes described in clauses (i) through (iv) of 
subsection (a)(2)(A)—
1161 
‘‘(i) a recommendation or order from 
a public official having jurisdiction or a 
health care provider that the employee or 
relevant family member has symptoms of 
COVID–19 or should self-isolate; or 
‘‘(ii) documentation or evidence, in-
cluding an oral or written statement from 
an employee, that the employee or relevant 
family member has been exposed to 
COVID–19. 
‘‘(B) With respect to leave taken for the 
purposes described in clause (v) or (vi) of sub-
section (a)(2)(A), notice from the school, place 
of care, or child care or direct care provider of 
the son or daughter or other family member of 
the employee of closure or unavailability.’’. 
SEC. 120111. AUTHORITY OF THE DIRECTOR OF THE OF-
FICE OF MANAGEMENT AND BUDGET TO EX-
CLUDE CERTAIN EMPLOYEES. 
Section 110(a) is amended by striking paragraph (4). 
SEC. 120112. TECHNICAL AMENDMENTS. 
(a) Section 110(a)(1)(A) is amended by striking 
‘‘(ii)’’ before ‘‘SPECIAL RULE’’ and inserting ‘‘(iii)’’. 
(b) Section 19008 of the CARES Act is amended— 
(1) by striking ‘‘—’’ after ‘‘amended’’;
1162 
(2) by striking paragraph (1); and 
(3) by striking ‘‘(2)’’ before ‘‘by adding at the 
end’’. 
SEC. 120113. AMENDMENTS TO THE EMERGENCY FAMILY 
AND MEDICAL LEAVE EXPANSION ACT. 
The Emergency Family and Medical Leave Expan-
sion Act (Public Law 116–127) is amended— 
(1) in section 3103(b), by striking ‘‘Employees’’ 
and 
inserting, 
‘‘Notwithstanding 
section 
102(a)(1)(A) of the Family and Medical Leave Act 
of 1993 (29 U.S.C. 2612(a)(1)(A)), employees’’; and 
(2) by striking sections 3104 and 3105. 
Subtitle B—Emergency Paid Sick 
Leave Act Amendments 
SEC. 120114. REFERENCES. 
Except as otherwise expressly provided, whenever in 
this subtitle an amendment or repeal is expressed in terms 
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a 
section or other provision of division E of the Families 
First Coronavirus Response Act (Public Law 116–127). 
SEC. 120115. PAID SICK TIME REQUIREMENT. 
(a) USES.—Section 5102(a) is amended to read as 
follows:
1163 
‘‘(a) IN GENERAL.—An employer shall provide to 
each employee employed by the employer paid sick time 
for any qualifying need related to a public health emer-
gency (as defined in section 110(a)(2)(A) of the Family 
and 
Medical 
Leave 
Act 
of 
1993 
(29 
U.S.C. 
2620(a)(2)(A)).’’. 
(b) RECURRENCE.—Section 5102(b) is amended by 
striking ‘‘An’’ and inserting ‘‘During any 12-month pe-
riod, an’’. 
(c) EMPLOYERS WITH EXISTING POLICIES.—Section 
5102 is amended by striking subsection (f) and inserting 
the following: 
‘‘(f) EMPLOYERS WITH EXISTING POLICIES.—With 
respect to an employer that provides paid leave on the day 
before the date of enactment of this Act— 
‘‘(1) the paid sick time under this Act shall be 
made available to employees of the employer in addi-
tion to such paid leave; and 
‘‘(2) the employer may not change such paid 
leave on or after such date of enactment to avoid 
being subject to paragraph (1).’’. 
(d) INTERMITTENT LEAVE.—Section 5102 is further 
amended by adding at the end the following: 
‘‘(g) LEAVE TAKEN INTERMITTENTLY OR ON A RE-
DUCED WORK SCHEDULE.—Leave under section 5102
1165 
‘‘(i) NOTICE.—In any case where the necessity for 
leave under this section is foreseeable, an employee shall 
provide the employer with such notice of leave as is prac-
ticable.’’. 
(g) LEAVE TRANSFER TO NEW EMPLOYER.—Section 
5102 is further amended by adding at the end the fol-
lowing: 
‘‘(j) LEAVE TRANSFER TO NEW EMPLOYER.—A cov-
ered employee who begins employment with a new covered 
employer shall be entitled to the full amount of leave under 
section 5102 with respect to such employer.’’. 
(h) RESTORATION TO POSITION.— 
(1) IN
GENERAL.—Section 5102 is further 
amended by adding at the end the following: 
‘‘(k) RESTORATION TO POSITION.—Any covered em-
ployee who takes paid sick time under this section, on re-
turn from such paid sick time, shall be entitled— 
‘‘(1) to be restored by the employer to the posi-
tion of employment held by the employee when the 
leave commenced; or 
‘‘(2) if such position is not available, to be re-
stored to an equivalent position with equivalent em-
ployment benefits, pay, and other terms and condi-
tions of employment.’’.
1166 
(2) ENFORCEMENT.—Section 5105 is amend-
ed— 
(A) by amending subsection (a) to read as 
follows: 
‘‘(a) UNPAID SICK LEAVE.—Subject to subsection 
(b), a violation of section 5102 shall be deemed a violation 
of section 7 of the Fair Labor Standards Act of 1938 (29 
U.S.C. 207) and unpaid amounts shall be treated as un-
paid overtime compensation under such section for the 
purposes of sections 15 and 16 of such Act (29 U.S.C. 
215 and 216).’’; and 
(B) in subsection (b), by inserting ‘‘section 
5102(k) or’’ before ‘‘section 5104’’. 
SEC. 120116. SUNSET. 
Section 5109 is amended by striking ‘‘December 31, 
2020’’ and inserting ‘‘December 31, 2021’’. 
SEC. 120117. DEFINITIONS. 
(a) EMPLOYER.—Section 5110(2)(B) is amended— 
(1) by striking ‘‘terms’’ and inserting ‘‘term’’; 
(2) by amending subclause (I) of clause (i) to 
read as follows: 
‘‘(I) means any person engaged 
in commerce or in any industry or ac-
tivity affecting commerce that employs 
1 or more employees;’’; and
1167 
(3) by amending clause (ii) to read as follows: 
‘‘(ii) PUBLIC AGENCY AND NON-PROF-
IT
ORGANIZATIONS.—For 
purposes 
of 
clause (i)(III) and (i)(I), a public agency 
and a nonprofit organization shall be con-
sidered to be a person engaged in com-
merce or in an industry or activity affect-
ing commerce.’’. 
(b) FMLA TERMS.—Section 5110(4) is amended to 
read as follows: 
‘‘(4) FMLA TERMS.— 
‘‘(A) SECTION 101.—The terms ‘health 
care provider’, ‘next of kin’, ‘son or daughter’, 
and ‘spouse’ have the meanings given such 
terms in section 101 of the Family and Medical 
Leave Act of 1993 (29 U.S.C. 2611). 
‘‘(B) SECTION 110.—The terms ‘child care 
provider’, ‘domestic partner’, ‘family member’, 
‘parent’, and ‘school’ have the meanings given 
such terms in section 110(a)(2) of the Family 
and Medical and Leave Act of 1993.’’. 
(c) PAID SICK TIME.—Section 5110(5) is amended— 
(1) in subparagraph (A)— 
(A) in clause (i), by striking ‘‘reason de-
scribed in any paragraph of section 2(a)’’ and
1168 
inserting ‘‘qualifying need related to a public 
health emergency’’; and 
(B) in clause (ii), by striking ‘‘exceed’’ and 
all that follows and inserting ‘‘exceed $511 per 
day and $5,110 in the aggregate.’’; 
(2) in subparagraph (B)— 
(A) by striking the following: 
‘‘(B) REQUIRED COMPENSATION.— 
‘‘(i) IN
GENERAL.—Subject to sub-
paragraph (A)(ii),’’; and inserting the fol-
lowing: 
‘‘(B) REQUIRED COMPENSATION.—Subject 
to subparagraph (A)(ii),’’; and 
(B) by striking clause (ii); and 
(3) in subparagraph (C), by striking ‘‘ section 
2(a)’’ and inserting ‘‘section 5102(a)’’. 
(d) QUALIFYING NEED RELATED
TO
A PUBLIC 
HEALTH EMERGENCY.—Section 5110 is amended by add-
ing at the end the following: 
‘‘(1) QUALIFYING NEED RELATED TO A PUBLIC 
HEALTH
EMERGENCY.—The term ‘qualifying need 
related to a public health emergency’ has the mean-
ing given such term in section 110(a)(2)(A) of the 
Family and Medical Leave Act of 1993 (29 U.S.C. 
2620(a)(2)(A)).’’.
1169 
SEC. 120118. EMERGENCY PAID SICK LEAVE FOR EMPLOY-
EES OF THE DEPARTMENT OF VETERANS AF-
FAIRS AND THE TRANSPORTATION SECURITY 
ADMINISTRATION FOR PURPOSES RELATING 
TO COVID–19. 
Section 5110(1) is further amended— 
(1) in subparagraph (E) by striking ‘‘or’’ after 
‘‘Code;’’; 
(2) by redesignating subparagraph (F) as sub-
paragraph (H); and 
(3) by inserting after subparagraph (E) the fol-
lowing: 
‘‘(F) notwithstanding sections 7421(a) or 
7425(b) of title 38, United States Code, or any 
other provision of law, an employee of the De-
partment of Veterans Affairs (including employ-
ees under chapter 74 of such title); 
‘‘(G) any employee of the Transportation 
Security Administration, including an employee 
under 111(d) of the Aviation and Transpor-
tation Security Act (49 U.S.C. 44935 note); 
or’’. 
SEC. 120119. AUTHORITY OF THE DIRECTOR OF THE OF-
FICE OF MANAGEMENT AND BUDGET TO EX-
CLUDE CERTAIN EMPLOYEES. 
Division E is amended by striking section 5112.
1170 
SEC. 120120. REGULATORY AUTHORITIES. 
(a) IN GENERAL.—Division E is amended by striking 
section 5111. 
(b) FORCE OR EFFECT OF REGULATIONS.—Any reg-
ulation issued under section 5111 of division E of the 
Families First Coronavirus Response Act (Public Law 
116–127), as in effect on the day before the date of the 
enactment of this Act, shall have no force or effect. 
TITLE II—COVID–19 WORKFORCE 
DEVELOPMENT 
RESPONSE 
ACTIVITIES 
SEC. 120201. DEFINITIONS AND SPECIAL RULE. 
(a) DEFINITIONS.— 
(1) IN
GENERAL.—Except as otherwise pro-
vided, the terms in this title have the meanings 
given the terms in section 3 of the Workforce Inno-
vation and Opportunity Act (29 U.S.C. 3102). 
(2) APPRENTICESHIP; APPRENTICESHIP
PRO-
GRAM.—The terms ‘‘apprenticeship’’ or ‘‘apprentice-
ship program’’ mean an apprenticeship program reg-
istered under the Act of August 16, 1937 (commonly 
known as the ‘‘National Apprenticeship Act’’) (50 
Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), in-
cluding any requirement, standard, or rule promul-
gated under such Act, as such requirement, stand-
ard, or rule was in effect on December 30, 2019.
1171 
(3) CORONAVIRUS.—The term ‘‘coronavirus’’ 
means coronavirus as defined in section 506 of the 
Coronavirus Preparedness and Response Supple-
mental Appropriations Act, 2020 (Public Law 116– 
123). 
(4) COVID–19 NATIONAL
EMERGENCY.—The 
term ‘‘COVID–19 national emergency’’ means the 
national emergency declared by the President under 
the National Emergencies Act (50 U.S.C. 1601 et 
seq.) on March 13, 2020, with respect to the 
coronavirus. 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Labor. 
(b) SPECIAL RULE.—For purposes of this Act, in fis-
cal years 2020 and 2021, funds are authorized to be ap-
propriated for activities under the Workforce Innovation 
and Opportunity Act, except that funds are only author-
ized to support apprenticeship programs as defined under 
subsection (a)(2) of this section, including any funds 
awarded for the purposes of grants, contracts, or coopera-
tive agreements, or the development, implementation, or 
administration, of an apprenticeship or an apprenticeship 
program.
1172 
SEC. 120202. JOB CORPS RESPONSE TO THE COVID–19 NA-
TIONAL EMERGENCY. 
In order to provide for the successful continuity of 
services and enrollment periods during the COVID–19 na-
tional emergency, additional flexibility shall be provided 
for Job Corps operators, providers of eligible activities, 
and practitioners, including the following: 
(1) ELIGIBILITY.—Notwithstanding the age re-
quirements for enrollment under section 144(a)(1) 
of the Workforce Innovation and Opportunity Act 
(29 U.S.C. 3194(a)(1)), an individual seeking to en-
roll in Job Corps and who turns 25 during the 
COVID–19 national emergency is eligible for such 
enrollment. 
(2) ENROLLMENT
LENGTH.—Notwithstanding 
section 146(b) of the Workforce Innovation and Op-
portunity Act (29 U.S.C. 3196(b)), an individual en-
rolled in Job Corps during the COVID–19 national 
emergency may extend their period of enrollment for 
more than 2 years as long as such extension does 
not exceed a 2-year, continuous period of enrollment 
after the COVID–19 national emergency. 
(3) ADVANCED CAREER TRAINING PROGRAMS.— 
Notwithstanding paragraph (2), with respect to ad-
vanced career training programs under section 
148(c) of the Workforce Innovation and Opportunity
1173 
Act (29 U.S.C. 3198(c)) in which the enrollees may 
continue to participate for a period not to exceed 1 
year in addition to the period of participation to 
which the enrollees would otherwise be limited, the 
COVID–19 national emergency shall not be consid-
ered as any portion of such additional 1-year partici-
pation period. 
(4) COUNSELING, JOB
PLACEMENT, AND
AS-
SESSMENT.—The counseling, job placement, and as-
sessment services described in section 149 of the 
Workforce Innovation and Opportunity Act (29 
U.S.C. 3199) shall be available to former enrollees— 
(A) whose enrollment was interrupted due 
to the COVID–19 national emergency; 
(B) who graduated from Job Corps on or 
after January 1, 2020; or 
(C) who graduated from Job Corps not 
later than 3 months after the COVID–19 na-
tional emergency. 
(5) SUPPORT.—The Secretary shall provide ad-
ditional support for the transition periods described 
in section 150 of the Workforce Innovation and Op-
portunity Act (29 U.S.C. 3200), including the fol-
lowing:
1174 
(A) TRANSITION ALLOWANCES.—The Sec-
retary shall provide, subject to the availability 
of appropriations, for the provision of additional 
transition allowances as described in subsection 
(b) of such section 150 (29 U.S.C. 3200) for 
Job Corps students who graduate during the 
periods described in subparagraph (B) or (C) of 
paragraph (4) of this paragraph. 
(B) TRANSITION SUPPORT.—The Secretary 
shall consider the period during the COVID–19 
national emergency and the three month period 
following the conclusion of the COVID–19 na-
tional emergency as the period in which the 
provision of employment services as described in 
subsection (c) of such section 150 (29 U.S.C. 
3200) shall be provided to graduates who have 
graduated in 2020. 
SEC. 120203. NATIVE AMERICAN PROGRAMS RESPONDING 
TO THE COVID–19 NATIONAL EMERGENCY. 
As a result of challenges faced by the COVID–19 na-
tional emergency, the Secretary may extend, by 1 fiscal 
year, the 4-year period for grants, contracts, and coopera-
tive agreements that will be awarded in fiscal year 2021 
under subsection (c) of section 166 of the Workforce Inno-
vation and Opportunity Act (29 U.S.C. 3221) for funds
1175 
under such grants, contracts, and cooperative agreements 
to be used to carry out the activities described in sub-
section (d) of such section through fiscal year 2025. 
SEC. 120204. MIGRANT AND SEASONAL FARMWORKER PRO-
GRAM RESPONSE. 
(a) COMPETITIVE GRANT AWARDS.—As a result of 
challenges faced by the COVID–19 national emergency, 
the Secretary may extend, by 1 fiscal year, the 4-year pe-
riod for grants and contracts that will be awarded in fiscal 
year 2021 under subsection (a) of section 167 of the 
Workforce Innovation and Opportunity Act (29 U.S.C. 
3222) for funds under such grants and contracts to be 
used to carry out the activities described in subsection (d) 
of such section through fiscal year 2025. 
(b) ELIGIBLE
MIGRANT
AND
SEASONAL
FARM-
WORKER.—Notwithstanding the definition of ‘‘eligible sea-
sonal farmworker’’ in section 167(i)(3) of the Workforce 
Innovation and Opportunity Act (29 U.S.C. 3222(i)(3)), 
an individual seeking to enroll in a program funded under 
section 167 of the Workforce Innovation and Opportunity 
Act (29 U.S.C. 3222) during the COVID–19 national 
emergency is eligible for such enrollment if such individual 
is a member of a family with a total family income equal 
to or less than 150 percent of the poverty line.
1176 
SEC. 120205. YOUTHBUILD ACTIVITIES RESPONDING TO 
THE COVID–19 NATIONAL EMERGENCY. 
During the COVID–19 national emergency, the Sec-
retary shall provide for flexibility for YouthBuild partici-
pants and entities carrying out YouthBuild programs, in-
cluding the following: 
(1) ELIGIBILITY.— Notwithstanding the age re-
quirements 
for 
enrollment 
under 
section 
171(e)(1)(A)(i) of the Workforce Innovation and Op-
portunity Act (29 U.S.C. 3226(e)(1)(A)(i)), an indi-
vidual seeking to participate in a YouthBuild pro-
gram and who turns 25 during the COVID–19 na-
tional emergency is eligible for such participation. 
(2) PARTICIPATION LENGTH.—Notwithstanding 
section 171(e)(2) of the Workforce Innovation and 
Opportunity Act (29 U.S.C. 3226(e)(2)), the period 
of participation in a YouthBuild program may ex-
tend beyond 24 months for an individual partici-
pating in such program during the COVID–19 na-
tional emergency, as long as such extension does not 
exceed a 24 month, continuous period of enrollment 
after the COVID–19 national emergency. 
SEC. 120206. APPRENTICESHIP SUPPORT DURING THE 
COVID–19 NATIONAL EMERGENCY. 
Not later than 30 days after the date of enactment 
of this Act, the Secretary shall identify and disseminate
1177 
strategies and tools to support virtual and online learning 
and training in apprenticeship programs. 
TITLE 
III—COVID–19 
EVERY 
WORKER 
PROTECTION 
ACT 
OF 2020 
SEC. 120301. SHORT TITLE. 
This title may be cited as the ‘‘COVID–19 Every 
Worker Protection Act of 2020’’. 
SEC. 120302. EMERGENCY TEMPORARY AND PERMANENT 
STANDARDS. 
(a) EMERGENCY TEMPORARY STANDARD.— 
(1) IN GENERAL.—In consideration of the grave 
danger presented by COVID–19 and the need to 
strengthen protections for employees, notwith-
standing the provisions of law and the Executive or-
ders listed in paragraph (7), not later than 7 days 
after the date of enactment of this Act, the Sec-
retary of Labor shall promulgate an emergency tem-
porary standard to protect from occupational expo-
sure to SARS–CoV–2— 
(A) employees of health care sector em-
ployers; 
(B) employees of employers in the para-
medic and emergency medical services, includ-
1178 
ing such services provided by firefighters and 
other emergency responders; and 
(C) other employees at occupational risk of 
such exposure. 
(2) CONSULTATION.—In developing the stand-
ard under this subsection, the Secretary of Labor— 
(A) shall consult with— 
(i) the Director of the Centers for 
Disease Control and Prevention; 
(ii) the Director of the National Insti-
tute for Occupational Safety and Health; 
and 
(B) may consult with the professional asso-
ciations and representatives of the employees in 
the occupations and sectors described in sub-
paragraphs (A) through (C) of paragraph (1). 
(3) ENFORCEMENT DISCRETION.—If the Sec-
retary of Labor determines it is not feasible for an 
employer to comply with a requirement of the stand-
ard promulgated under this subsection (such as a 
shortage of the necessary personal protective equip-
ment), the Secretary may exercise discretion in the 
enforcement of such requirement if the employer 
demonstrates that the employer—
1179 
(A) is exercising due diligence to come into 
compliance with such requirement; and 
(B) is implementing alternative methods 
and measures to protect employees. 
(4) 
EXTENSION
OF
STANDARD.—Notwith-
standing paragraphs (2) and (3) of section 6(c) of 
the Occupational Safety and Health Act of 1970 (29 
U.S.C. 655(c)), the emergency temporary standard 
promulgated under this subsection shall be in effect 
until the date on which the final standard promul-
gated under subsection (b) is in effect. 
(5) STATE PLAN ADOPTION.—With respect to a 
State with a State plan that has been approved by 
the Secretary of Labor under section 18 of the Oc-
cupational Safety and Health Act of 1970 (29 
U.S.C. 667), not later than 14 days after the date 
of enactment of this Act, such State shall promul-
gate an emergency temporary standard that is at 
least as effective in protecting from occupational ex-
posure to SARS–CoV–2 the employees in the occu-
pations and sectors described in subparagraphs (A) 
through (C) of paragraph (1) as the emergency tem-
porary standard promulgated under this subsection. 
(6) EMPLOYER DEFINED.—For purposes of the 
standard promulgated under this subsection, the
1180 
term ‘‘employer’’ (as defined in section 3 of the Oc-
cupational Safety and Health Act of 1970 (29 
U.S.C. 652)) includes any State or political subdivi-
sion of a State, except for a State or political sub-
division of a State already subject to the jurisdiction 
of a State plan approved under section 18(b) of the 
Occupational Safety and Health Act of 1970 (29 
U.S.C. 667(b)). 
(7) INAPPLICABLE
PROVISIONS
OF
LAW
AND 
EXECUTIVE ORDER.—The provisions of law and the 
Executive orders list in this paragraph are as fol-
lows: 
(A) The requirements of chapter 6 of title 
5, United States Code (commonly referred to as 
the ‘‘Regulatory Flexibility Act’’). 
(B) Subchapter I of chapter 35 of title 44, 
United States Code (commonly referred to as 
the ‘‘Paperwork Reduction Act’’). 
(C) The Unfunded Mandates Reform Act 
of 1995 (2 U.S.C. 1501 et seq.). 
(D) Executive Order 12866 (58 Fed. Reg. 
190; relating to regulatory planning and re-
view), as amended.
1181 
(E) Executive Order 13771 (82 Fed. Reg. 
9339, relating to reducing regulation and con-
trolling regulatory costs). 
(b) PERMANENT STANDARD.—Not later than 24 
months after the date of enactment of this Act, the Sec-
retary of Labor shall, pursuant to section 6 of the Occupa-
tional Safety and Health Act (29 U.S.C. 655), promulgate 
a final standard— 
(1) to protect employees in the occupations and 
sectors described in subparagraphs (A) through (C) 
of subsection (a)(1) from occupational exposure to 
infectious pathogens, including novel pathogens; and 
(2) that shall be effective and enforceable in the 
same manner and to the same extent as a standard 
promulgated under section 6(b) of the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 655(b)). 
(c) REQUIREMENTS.—Each standard promulgated 
under this section shall include— 
(1) a requirement that the employers of the em-
ployees in the occupations and sectors described in 
subparagraphs (A) through (C) of subsection 
(a)(1)— 
(A) develop and implement a comprehen-
sive infectious disease exposure control plan, 
with the input and involvement of employees or,
1182 
where applicable, the representatives of employ-
ees, as appropriate, to address the risk of occu-
pational exposure in such sectors and occupa-
tions; and 
(B) record and report each work-related 
COVID–19 infection and death, as set forth in 
part 1904 of title 29, Code of Federal Regula-
tions (as in effect on the date of enactment of 
this Act); 
(2) no less protection for novel pathogens than 
precautions mandated by standards adopted by a 
State plan that has been approved by the Secretary 
of Labor under section 18 of the Occupational Safe-
ty and Health Act of 1970 (29 U.S.C. 667); and 
(3) the incorporation, as appropriate, of— 
(A) guidelines issued by the Centers for 
Disease Control and Prevention, the National 
Institute for Occupational Safety and Health, 
and the Occupational Safety and Health Ad-
ministration which are designed to prevent the 
transmission of infectious agents in health care 
or other occupational settings; and 
(B) relevant scientific research on novel 
pathogens. 
(d) ANTI-RETALIATION.—
1183 
(1) 
POLICY.—Each 
standard 
promulgated 
under this section shall require employers to adopt 
a policy prohibiting the discrimination and retalia-
tion described in paragraph (2) by any person (in-
cluding an agent of the employer). 
(2) PROHIBITION.—No employer (including an 
agent of the employer) shall discriminate or retaliate 
against an employee for— 
(A) reporting to the employer, to a local, 
State, or Federal government agency, or to the 
media or on a social media platform— 
(i) a violation of a standard promul-
gated pursuant to this Act; 
(ii) a violation of an infectious disease 
exposure control plan described in sub-
section (c)(1); or 
(iii) a good faith concern about a 
workplace infectious disease hazard; 
(B) seeking assistance or intervention from 
the employer or a local, State, or Federal gov-
ernment agency with respect to such a report; 
(C) voluntary use of personal protective 
equipment with a higher level of protection than 
is provided by the employer; or
1184 
(D) exercising any other right under the 
Occupational Safety and Health Act of 1970 
(29 U.S.C. 651 et seq.). 
(3) ENFORCEMENT.—This subsection shall be 
enforced in the same manner and to the same extent 
as any standard promulgated under section 6(b) of 
the Occupational Safety and Health Act of 1970 (29 
U.S.C. 655(b)). 
SEC. 120303. SURVEILLANCE, TRACKING, AND INVESTIGA-
TION OF WORK-RELATED CASES OF COVID–19. 
The Director of the Centers for Disease Control and 
Prevention, in conjunction with the Director of the Na-
tional Institute for Occupational Safety and Health, 
shall— 
(1) collect and analyze case reports, including 
information on the work status, occupation, and in-
dustry classification of an individual, and other data 
on COVID–19, to identify and evaluate the extent, 
nature, and source of COVID–19 among employees 
in the occupations and sectors described in subpara-
graphs (A) through (C) of section 120302(a)(1); 
(2) investigate, as appropriate, individual cases 
of COVID–19 among such employees to evaluate the 
source of exposure and adequacy of infection and ex-
posure control programs and measures;
1185 
(3) provide regular periodic reports on COVID– 
19 among such employees to the public; and 
(4) based on such reports and investigations, 
make recommendations on needed actions or guid-
ance to protect such employees. 
TITLE IV—COMMUNITY AND 
FAMILY SUPPORT 
SEC. 120401. MATCHING FUNDS WAIVER FOR FORMULA 
GRANTS AND SUBGRANTS UNDER THE FAM-
ILY VIOLENCE PREVENTION AND SERVICES 
ACT. 
(a) WAIVER OF MATCHING FUNDS FOR AWARDED 
GRANTS AND SUBGRANTS.—The Secretary of Health and 
Human Services shall waive— 
(1) the non-Federal contributions requirement 
under subsection (c)(4) of section 306 of the Family 
Violence Prevention and Services Act (42 U.S.C. 
10406) with respect to the grants and subgrants 
awarded in fiscal years 2019 and 2020 to each State 
(as defined in section 302 of such Act (42 U.S.C. 
10402)) and the eligible entities within such State 
under such section or section 308 of such Act (42 
U.S.C. 10408); and
1186 
(2) the reporting requirements required under 
such grants and subgrants that relate to such non- 
Federal contributions requirement. 
(b) WAIVER
OF MATCHING FUNDS
FOR GRANTS 
AWARDED AFTER DATE OF ENACTMENT.— 
(1) IN GENERAL.—Subsection (c)(4) of section 
306 of the Family Violence Prevention and Services 
Act (42 U.S.C. 10406) shall not apply to a qualified 
grant during the period of a public health emergency 
declared pursuant to section 319 of the Public 
Health Service Act (42 U.S.C. 247d) resulting from 
the COVID–19 pandemic. 
(2) QUALIFIED GRANT DEFINED.—In this sub-
section, the term ‘‘qualified grant’’ means a grant or 
subgrant awarded— 
(A) after the date of the enactment of this 
section; and 
(B) under section 306, 308, or 309 of the 
Family Violence Prevention and Services Act 
(42 U.S.C. 10406; 10408; 10409). 
SEC. 120402. DISTRIBUTION OF CERTAIN FUNDS APPRO-
PRIATED FOR THE COMMUNITY SERVICES 
BLOCK GRANT ACT. 
(a) DISTRIBUTION
OF CARES ACT FUNDS
TO 
STATES.—Section 675B(b)(3) of the Community Services
1187 
Block Grant Act (42 U.S.C. 9906(b)(3)) shall not apply 
with respect to funds appropriated by the CARES Act 
(Public Law 116–136) to carry out the Community Serv-
ices Block Grant Act (42 U.S.C.9901 et seq.). 
(b) INCREASED POVERTY LINE.—For purposes of 
carrying out the Community Services Block Grant Act (42 
U.S.C. 9901 et seq.) with any funds appropriated for fis-
cal year 2020 for such Act, the term ‘‘poverty line’’ as 
defined in section 673(2) of such Act (42 U.S.C. 9902(2)) 
means 200 percent of the poverty line otherwise applicable 
under such section (excluding the last sentence of such 
section) without regard to this subsection. 
SEC. 120403. USE OF LIHEAP SUPPLEMENTAL APPROPRIA-
TIONS. 
Notwithstanding the Low-Income Home Energy As-
sistance Act of 1981, with respect to amounts appro-
priated under title VI of division A of this Act to carry 
out the Low-Income Home Energy Assistance Act of 
1981, each State, the Commonwealth of Puerto Rico, 
Guam, American Samoa, the Virgin Islands of the United 
States, the Commonwealth of the Northern Mariana Is-
lands, and each Indian Tribe, as applicable, that receives 
an allotment of funds from such amounts— 
(1) shall, in using such funds, for purposes of 
income eligibility, accept proof of job loss or severe
1188 
income loss dated after February 29, 2020, such as 
a layoff or furlough notice or verification of applica-
tion for unemployment benefits, as sufficient to dem-
onstrate lack of income for an individual or house-
hold; and 
(2) may use not more than 12.5 percent of such 
funds for administrative costs. 
TITLE 
V—COVID–19 
PROTEC-
TIONS 
UNDER 
LONGSHORE 
AND 
HARBOR 
WORKERS’ 
COMPENSATION ACT 
SEC. 
120501. 
COMPENSATION 
PURSUANT 
TO 
THE 
LONGSHORE AND HARBOR WORKERS’ COM-
PENSATION ACT. 
(a) ENTITLEMENT TO COMPENSATION.— 
(1) IN GENERAL.—A covered employee who re-
ceives a diagnosis or is subject to an order described 
in paragraph (2)(B) and who provides notice of or 
files a claim relating to such diagnosis or order 
under section 12 or 13 of the Longshore and Harbor 
Workers’ Compensation Act (33 U.S.C. 912, 913), 
respectively, shall— 
(A) be deemed to have an injury arising 
out of or in the course of employment for which 
compensation is payable under the Longshore
1189 
and Harbor Workers’ Compensation Act (33 
U.S.C. 901 et seq.); and 
(B) be paid the compensation to which the 
employee is entitled under such Act (33 U.S.C. 
901 et seq.). 
(2) COVERED EMPLOYEE.—In this section, the 
term ‘‘covered employee’’ means an employee who— 
(A) at any time during the period begin-
ning on January 27, 2020, and ending on Jan-
uary 27, 2022, was engaged in maritime em-
ployment; and 
(B) was— 
(i) at any time during the period be-
ginning on January 27, 2020, and ending 
on February 27, 2022, diagnosed with 
COVID–19; or 
(ii) at any time during the period de-
scribed in subparagraph (A), ordered not 
to return to work by the employee’s em-
ployer or by a local, State, or Federal 
agency because of exposure, or the risk of 
exposure, to 1 or more individuals diag-
nosed with COVID–19 in the workplace. 
(b) REIMBURSEMENT.— 
(1) IN GENERAL.—
1190 
(A) ENTITLEMENT.—Subject to subpara-
graph (B), an employer of a covered employee 
or the employer’s carrier shall be entitled to re-
imbursement for any compensation paid with 
respect to a notice or claim described in sub-
section (a), including disability benefits, funeral 
and burial expenses, medical or other related 
costs for treatment and care, and reasonable 
and necessary allocated claims expenses. 
(B) SAFETY
AND
HEALTH
REQUIRE-
MENTS.—To be entitled to reimbursement 
under subparagraph (A)— 
(i) an employer shall be in compliance 
with all applicable safety and health guide-
lines and standards that are related to the 
prevention of occupational exposure to 
COVID–19, including such guidelines and 
standards issued by the Occupational Safe-
ty and Health Administration, State plans 
approved under section 18 of the Occupa-
tional Safety and Health Act of 1970 (29 
U.S.C. 667), the Coast Guard, and Fed-
eral, State or local public health authori-
ties; and 
(ii) a carrier—
1191 
(I) shall be a carrier for an em-
ployer that is in compliance with 
clause (i); and 
(II) shall not adjust the experi-
ence rating or the annual premium of 
the employer based upon the com-
pensation paid by the carrier with re-
spect to a notice or claim described in 
subparagraph (A). 
(2) REIMBURSEMENT
PROCEDURES.—To re-
ceive reimbursement under paragraph (1)— 
(A) a claim for such reimbursement shall 
be submitted to the Secretary of Labor— 
(i) not later than one year after the 
final payment of compensation to a covered 
employee pursuant to this section; and 
(ii) in the same manner as a claim for 
reimbursement is submitted in accordance 
with part 61 of title 20, Code of Federal 
Regulations (as in effect on the date of en-
actment of this Act); and 
(B) an employer and the employer’s carrier 
shall make, keep, and preserve such records, 
make such reports, and provide such informa-
1192 
tion, as the Secretary of Labor determines nec-
essary or appropriate to carry out this section. 
(c) SPECIAL FUND.— 
(1) IN
GENERAL.—A reimbursement under 
paragraph (1) shall be paid out of the special fund 
established in section 44 of Longshore and Harbor 
Workers’ Compensation Act (33 U.S.C. 944). 
(2) FUNDING.—There are authorized to be ap-
propriated, and there are appropriated, such funds 
as may be necessary to reimburse the special fund 
described in paragraph (1) for each reimbursement 
paid out of such fund under paragraph (1). 
(d) REPORT.—Not later than 60 days after the end 
of fiscal year 2020, 2021, and 2022, the Secretary of 
Labor shall submit to the Committee on Education and 
Labor of the House of Representatives and the Committee 
on Health, Education, Labor and Pensions of the Senate, 
an annual report enumerating— 
(1) the number of claims filed pursuant to sec-
tion (a)(1); 
(2) of such filed claims— 
(A) the number and types of claims ap-
proved under section 13 of the Longshore and 
Harbor Workers’ Compensation Act (33 U.S.C. 
913);
1193 
(B) the number and types of claims denied 
under such section; 
(C) the number and types of claims pend-
ing under such section; and 
(3) the amounts and the number of claims for 
reimbursement paid out of the special fund under 
subsection (c)(1) for the fiscal year for which the re-
port is being submitted. 
(e) REGULATIONS.—The Secretary of Labor may 
promulgate such regulations as may be necessary to carry 
out this section. 
(f) LHWCA TERMS.—In this section, the terms ‘‘car-
rier’’, ‘‘compensation’’, ‘‘employee’’, and ‘‘employer’’ have 
the meanings given the terms in section 2 of the 
Longshore and Harbor Workers’ Compensation Act (33 
U.S.C. 902). 
DIVISION 
M—CONSUMER 
PRO-
TECTION 
AND 
TELE-
COMMUNICATIONS 
PROVI-
SIONS 
TITLE I—COVID–19 PRICE 
GOUGING PREVENTION 
SEC. 130101. SHORT TITLE. 
This title may be cited as the ‘‘COVID–19 Price 
Gouging Prevention Act’’.
1194 
SEC. 130102. PREVENTION OF PRICE GOUGING. 
(a) IN GENERAL.—For the duration of a public 
health emergency declared pursuant to section 319 of the 
Public Health Service Act (42 U.S.C. 247d) as a result 
of confirmed cases of 2019 novel coronavirus (COVID– 
19), including any renewal thereof, it shall be unlawful 
for any person to sell or offer for sale a good or service 
at a price that— 
(1) is unconscionably excessive; and 
(2) indicates the seller is using the cir-
cumstances related to such public health emergency 
to increase prices unreasonably. 
(b) FACTORS FOR CONSIDERATION.—In determining 
whether a person has violated subsection (a), there shall 
be taken into account, with respect to the price at which 
such person sold or offered for sale the good or service, 
factors that include the following: 
(1) Whether such price grossly exceeds the av-
erage price at which the same or a similar good or 
service was sold or offered for sale by such person— 
(A) during the 90-day period immediately 
preceding January 31, 2020; or 
(B) during the period that is 45 days be-
fore or after the date that is one year before 
the date such good or service is sold or offered 
for sale under subsection (a).
1195 
(2) Whether such price grossly exceeds the av-
erage price at which the same or a similar good or 
service was readily obtainable from other similarly 
situated competing sellers before January 31, 2020. 
(3) Whether such price reasonably reflects addi-
tional costs, not within the control of such person, 
that were paid, incurred, or reasonably anticipated 
by such person, or reasonably reflects the profit-
ability of forgone sales or additional risks taken by 
such person, to produce, distribute, obtain, or sell 
such good or service under the circumstances. 
(c) ENFORCEMENT.— 
(1) ENFORCEMENT BY FEDERAL TRADE COM-
MISSION.— 
(A) UNFAIR OR DECEPTIVE ACTS OR PRAC-
TICES.—A violation of subsection (a) shall be 
treated as a violation of a regulation under sec-
tion 18(a)(1)(B) of the Federal Trade Commis-
sion Act (15 U.S.C. 57a(a)(1)(B)) regarding 
unfair or deceptive acts or practices. 
(B) POWERS OF COMMISSION.—The Com-
mission shall enforce subsection (a) in the same 
manner, by the same means, and with the same 
jurisdiction, powers, and duties as though all 
applicable terms and provisions of the Federal
1196 
Trade Commission Act (15 U.S.C. 41 et seq.) 
were incorporated into and made a part of this 
section. Any person who violates such sub-
section shall be subject to the penalties and en-
titled to the privileges and immunities provided 
in the Federal Trade Commission Act. 
(2) EFFECT ON OTHER LAWS.—Nothing in this 
section shall be construed in any way to limit the 
authority of the Commission under any other provi-
sion of law. 
(3) ENFORCEMENT BY STATE ATTORNEYS GEN-
ERAL.— 
(A) IN
GENERAL.—If the chief law en-
forcement officer of a State, or an official or 
agency designated by a State, has reason to be-
lieve that any person has violated or is violating 
subsection (a), the attorney general, official, or 
agency of the State, in addition to any author-
ity it may have to bring an action in State 
court under its laws, may bring a civil action in 
any appropriate United States district court or 
in any other court of competent jurisdiction, in-
cluding a State court, to— 
(i) enjoin further such violation by 
such person;
1197 
(ii) enforce compliance with such sub-
section; 
(iii) obtain civil penalties; and 
(iv) obtain damages, restitution, or 
other compensation on behalf of residents 
of the State. 
(B) NOTICE AND INTERVENTION BY THE 
FTC.—The attorney general of a State shall 
provide prior written notice of any action under 
subparagraph (A) to the Commission and pro-
vide the Commission with a copy of the com-
plaint in the action, except in any case in which 
such prior notice is not feasible, in which case 
the attorney general shall serve such notice im-
mediately upon instituting such action. The 
Commission shall have the right— 
(i) to intervene in the action; 
(ii) upon so intervening, to be heard 
on all matters arising therein; and 
(iii) to file petitions for appeal. 
(C) LIMITATION ON STATE ACTION WHILE 
FEDERAL ACTION IS PENDING.—If the Commis-
sion has instituted a civil action for violation of 
this section, no State attorney general, or offi-
cial or agency of a State, may bring an action
1198 
under this paragraph during the pendency of 
that action against any defendant named in the 
complaint of the Commission for any violation 
of this section alleged in the complaint. 
(D) 
RELATIONSHIP
WITH
STATE-LAW 
CLAIMS.—If the attorney general of a State has 
authority to bring an action under State law di-
rected at acts or practices that also violate this 
section, the attorney general may assert the 
State-law claim and a claim under this section 
in the same civil action. 
(4) SAVINGS CLAUSE.—Nothing in this section 
shall preempt or otherwise affect any State or local 
law. 
(d) DEFINITIONS.—In this section: 
(1) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Trade Commission. 
(2) GOOD
OR
SERVICE.—The term ‘‘good or 
service’’ means a good or service offered in com-
merce, including— 
(A) food, beverages, water, ice, a chemical, 
or a personal hygiene product; 
(B) any personal protective equipment for 
protection from or prevention of contagious dis-
eases, filtering facepiece respirators, medical
1199 
equipment and supplies (including medical test-
ing supplies), a drug as defined in section 
201(g)(1) of the Federal Food, Drug, and Cos-
metic Act (21 U.S.C. 321(g)(1)), cleaning sup-
plies, disinfectants, sanitizers; or 
(C) any healthcare service, cleaning serv-
ice, or delivery service. 
(3) STATE.—The term ‘‘State’’ means each of 
the several States, the District of Columbia, each 
commonwealth, territory, or possession of the United 
States, and each federally recognized Indian Tribe. 
TITLE II—E–RATE SUPPORT FOR 
WI-FI 
HOTSPOTS, 
OTHER 
EQUIPMENT, 
AND 
CON-
NECTED DEVICES 
SEC. 130201. E–RATE SUPPORT FOR WI-FI HOTSPOTS, 
OTHER EQUIPMENT, AND CONNECTED DE-
VICES DURING EMERGENCY PERIODS RELAT-
ING TO COVID–19. 
(a) REGULATIONS REQUIRED.—Not later than 7 
days after the date of the enactment of this Act, the Com-
mission shall promulgate regulations providing for the 
provision, from amounts made available from the Emer-
gency Connectivity Fund established under subsection 
(i)(1), of support under section 254(h)(1)(B) of the Com-
1200 
munications Act of 1934 (47 U.S.C. 254(h)(1)(B)) to an 
elementary school, secondary school, or library (including 
a Tribal elementary school, Tribal secondary school, or 
Tribal library) eligible for support under such section, for 
the purchase during an emergency period described in sub-
section (e) (including any portion of such a period occur-
ring before the date of the enactment of this Act) of equip-
ment described in subsection (c), advanced telecommuni-
cations and information services, or equipment described 
in such subsection and advanced telecommunications and 
information services, for use by— 
(1) in the case of a school, students and staff 
of such school at locations that include locations 
other than such school; and 
(2) in the case of a library, patrons of such li-
brary at locations that include locations other than 
such library. 
(b) TRIBAL ISSUES.— 
(1) RESERVATION
FOR
TRIBAL
LANDS.—The 
Commission shall reserve not less than 5 percent of 
the amounts available to the Commission under sub-
section (i)(3) to provide support under the regula-
tions required by subsection (a) to schools and li-
braries that serve persons who are located on Tribal 
lands.
1201 
(2) ELIGIBILITY OF TRIBAL LIBRARIES.—For 
purposes of determining the eligibility of a Tribal li-
brary for support under the regulations required by 
subsection (a), the portion of paragraph (4) of sec-
tion 254(h) of the Communications Act of 1934 (47 
U.S.C. 254(h)) relating to eligibility for assistance 
from a State library administrative agency under the 
Library Services and Technology Act shall not apply. 
(c) EQUIPMENT DESCRIBED.—The equipment de-
scribed in this subsection is the following: 
(1) Wi-Fi hotspots. 
(2) Modems. 
(3) Routers. 
(4) Devices that combine a modem and router. 
(5) Connected devices. 
(d) PRIORITIZATION OF SUPPORT.—The Commission 
shall provide in the regulations required by subsection (a) 
for a mechanism to require a school or library to prioritize 
the provision of equipment described in subsection (c), ad-
vanced telecommunications and information services, or 
equipment described in such subsection and advanced tele-
communications and information services, for which sup-
port is received under such regulations, to students and 
staff or patrons (as the case may be) that the school or 
library believes do not have access to equipment described
1202 
in subsection (c), do not have access to advanced tele-
communications and information services, or have access 
to neither equipment described in subsection (c) nor ad-
vanced telecommunications and information services, at 
the residences of such students and staff or patrons. 
(e) EMERGENCY PERIODS DESCRIBED.—An emer-
gency period described in this subsection is a period 
that— 
(1) begins on the date of a determination by the 
Secretary of Health and Human Services pursuant 
to section 319 of the Public Health Service Act (42 
U.S.C. 247d) that a public health emergency exists 
as a result of COVID–19; and 
(2) ends on the June 30 that first occurs after 
the date on which such determination (including any 
renewal thereof) terminates. 
(f) TREATMENT OF EQUIPMENT AFTER EMERGENCY 
PERIOD.—The Commission shall provide in the regula-
tions required by subsection (a) that, in the case of a 
school or library that purchases equipment described in 
subsection (c) using support received under such regula-
tions, such school or library— 
(1) may, after the emergency period with re-
spect to which such support is received, use such 
equipment for such purposes as such school or li-
1203 
brary considers appropriate, subject to any restric-
tions provided in such regulations (or any successor 
regulation); and 
(2) may not sell or otherwise transfer such 
equipment in exchange for any thing (including a 
service) of value, except that such school or library 
may exchange such equipment for upgraded equip-
ment of the same type. 
(g) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to affect any authority the Com-
mission may have under section 254(h)(1)(B) of the Com-
munications Act of 1934 (47 U.S.C. 254(h)(1)(B)) to 
allow support under such section to be used for the pur-
poses described in subsection (a) other than as required 
by such subsection. 
(h) PROCEDURAL MATTERS.— 
(1) PART 54 REGULATIONS.—Nothing in this 
section shall be construed to prevent the Commission 
from providing that the regulations in part 54 of 
title 47, Code of Federal Regulations (or any suc-
cessor regulation), shall apply in whole or in part to 
support provided under the regulations required by 
subsection (a), shall not apply in whole or in part to 
such support, or shall be modified in whole or in 
part for purposes of application to such support.
1204 
(2) EXEMPTION FROM CERTAIN RULEMAKING 
REQUIREMENTS.—Subsections (b), (c), and (d) of 
section 553 of title 5, United States Code, shall not 
apply to a regulation promulgated under subsection 
(a) of this section or a rulemaking to promulgate 
such a regulation. 
(3) PAPERWORK
REDUCTION
ACT
EXEMP-
TION.—A collection of information conducted or 
sponsored under the regulations required by sub-
section (a), or under section 254 of the Communica-
tions Act of 1934 (47 U.S.C. 254) in connection 
with support provided under such regulations, shall 
not constitute a collection of information for the 
purposes of subchapter I of chapter 35 of title 44, 
United States Code (commonly referred to as the 
Paperwork Reduction Act). 
(i) EMERGENCY CONNECTIVITY FUND.— 
(1) ESTABLISHMENT.—There is established in 
the Treasury of the United States a fund to be 
known as the Emergency Connectivity Fund. 
(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to the Emer-
gency Connectivity Fund $5,000,000,000 for fiscal 
year 2020, to remain available through fiscal year 
2021.
1205 
(3) USE OF FUNDS.—Amounts in the Emer-
gency Connectivity Fund shall be available to the 
Commission to provide support under the regula-
tions required by subsection (a). 
(4) RELATIONSHIP
TO
UNIVERSAL
SERVICE 
CONTRIBUTIONS.—Support provided under the regu-
lations required by subsection (a) shall be provided 
from amounts made available under paragraph (3) 
and not from contributions under section 254(d) of 
the Communications Act of 1934 (47 U.S.C. 
254(d)). 
(j) DEFINITIONS.—In this section: 
(1) ADVANCED TELECOMMUNICATIONS AND IN-
FORMATION SERVICES.—The term ‘‘advanced tele-
communications and information services’’ means 
advanced telecommunications and information serv-
ices, as such term is used in section 254(h) of the 
Communications Act of 1934 (47 U.S.C. 254(h)). 
(2) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Communications Commission. 
(3) CONNECTED
DEVICE.—The term ‘‘con-
nected device’’ means a laptop computer, tablet com-
puter, or similar device that is capable of connecting 
to advanced telecommunications and information 
services.
1206 
(4) LIBRARY.—The term ‘‘library’’ includes a 
library consortium. 
(5) TRIBAL
LAND.—The term ‘‘Tribal land’’ 
means— 
(A) any land located within the boundaries 
of— 
(i) an Indian reservation, pueblo, or 
rancheria; or 
(ii) a former reservation within Okla-
homa; 
(B) any land not located within the bound-
aries of an Indian reservation, pueblo, or 
rancheria, the title to which is held— 
(i) in trust by the United States for 
the benefit of an Indian Tribe or an indi-
vidual Indian; 
(ii) by an Indian Tribe or an indi-
vidual Indian, subject to restriction against 
alienation under laws of the United States; 
or 
(iii) by a dependent Indian commu-
nity; 
(C) any land located within a region estab-
lished pursuant to section 7(a) of the Alaska
1207 
Native Claims Settlement Act (43 U.S.C. 
1606(a)); 
(D) Hawaiian Home Lands, as defined in 
section 801 of the Native American Housing 
Assistance and Self-Determination Act of 1996 
(25 U.S.C. 4221); or 
(E) those areas or communities designated 
by the Assistant Secretary of Indian Affairs of 
the Department of the Interior that are near, 
adjacent, or contiguous to reservations where fi-
nancial assistance and social service programs 
are provided to Indians because of their status 
as Indians. 
(6) TRIBAL
LIBRARY.—The term ‘‘Tribal li-
brary’’ means, only during an emergency period de-
scribed under subsection (e), a facility owned by an 
Indian Tribe, serving Indian Tribes, or serving 
American Indians, Alaskan Natives, or Native Ha-
waiian communities, including— 
(A) a Tribal library or Tribal library con-
sortium; or 
(B) a Tribal government building, chapter 
house, longhouse, community center, or other 
similar public building.
1208 
(7) WI-FI.—The term ‘‘Wi-Fi’’ means a wire-
less networking protocol based on Institute of Elec-
trical and Electronics Engineers standard 802.11 
(or any successor standard). 
(8) 
WI-FI
HOTSPOT.—The 
term 
‘‘Wi-Fi 
hotspot’’ means a device that is capable of— 
(A) 
receiving 
mobile 
advanced 
tele-
communications and information services; and 
(B) sharing such services with another de-
vice through the use of Wi-Fi. 
TITLE III—EMERGENCY BENEFIT 
FOR BROADBAND SERVICE 
SEC. 130301. BENEFIT FOR BROADBAND SERVICE DURING 
EMERGENCY PERIODS RELATING TO COVID– 
19. 
(a) PROMULGATION OF REGULATIONS REQUIRED.— 
Not later than 7 days after the date of the enactment of 
this Act, the Commission shall promulgate regulations im-
plementing this section. 
(b) REQUIREMENTS.—The regulations promulgated 
pursuant to subsection (a) shall establish the following: 
(1) EMERGENCY BROADBAND BENEFIT.—Dur-
ing an emergency period, a provider shall provide an 
eligible household with an internet service offering, 
upon request by a member of such household. Such
1209 
provider shall discount the price charged to such 
household for such internet service offering in an 
amount equal to the emergency broadband benefit 
for such household. 
(2) VERIFICATION OF ELIGIBILITY.—To verify 
whether a household is an eligible household, a pro-
vider shall either— 
(A) use the National Lifeline Eligibility 
Verifier; or 
(B) rely upon an alternative verification 
process of the provider, if the Commission finds 
such process to be sufficient to avoid waste, 
fraud, and abuse. 
(3) USE OF NATIONAL LIFELINE ELIGIBILITY 
VERIFIER.—The Commission shall— 
(A) expedite the ability of all providers to 
access the National Lifeline Eligibility Verifier 
for purposes of determining whether a house-
hold is an eligible household; and 
(B) ensure that the National Lifeline Eligi-
bility Verifier approves an eligible household to 
receive the emergency broadband benefit not 
later than two days after the date of the sub-
mission of information necessary to determine if 
such household is an eligible household.
1210 
(4) EXTENSION OF EMERGENCY PERIOD.—An 
emergency period may be extended within a State or 
any portion thereof if the State, or in the case of 
Tribal land, a Tribal government, provides written, 
public notice to the Commission stipulating that an 
extension is necessary in furtherance of the recovery 
related to COVID–19. The Commission shall, within 
48 hours after receiving such notice, post the notice 
on the public website of the Commission. 
(5) REIMBURSEMENT.—From the Emergency 
Broadband Connectivity Fund established in sub-
section (h), the Commission shall reimburse a pro-
vider in an amount equal to the emergency 
broadband benefit with respect to an eligible house-
hold that receives such benefit from such provider. 
(6) REIMBURSEMENT
FOR
CONNECTED
DE-
VICE.—A provider that, in addition to providing the 
emergency broadband benefit to an eligible house-
hold, supplies such household with a connected de-
vice may be reimbursed up to $100 from the Emer-
gency Broadband Connectivity Fund established in 
subsection (h) for such connected device, if the 
charge to such eligible household is more than $10 
but less than $50 for such connected device, except 
that a provider may receive reimbursement for no
1211 
more than one connected device per eligible house-
hold. 
(7) NO
RETROACTIVE
REIMBURSEMENT.—A 
provider may not receive a reimbursement from the 
Emergency Broadband Connectivity Fund for pro-
viding an internet service offering discounted by the 
emergency broadband benefit, or for supplying a 
connected device, that was provided or supplied (as 
the case may be) before the date of the enactment 
of this Act. 
(8) CERTIFICATION REQUIRED.—To receive a 
reimbursement under paragraph (5) or (6), a pro-
vider shall certify to the Commission the following: 
(A) That the amount for which the pro-
vider is seeking reimbursement from the Emer-
gency Broadband Connectivity Fund for an 
internet service offering to an eligible household 
is not more than the normal rate. 
(B) That each eligible household for which 
a provider is seeking reimbursement for pro-
viding an internet service offering discounted by 
the emergency broadband benefit— 
(i) has not been and will not be 
charged—
1212 
(I) for such offering, if the nor-
mal rate for such offering is less than 
or equal to the amount of the emer-
gency broadband benefit for such 
household; or 
(II) more for such offering than 
the difference between the normal rate 
for such offering and the amount of 
the emergency broadband benefit for 
such household; 
(ii) will not be required to pay an 
early termination fee if such eligible house-
hold elects to enter into a contract to re-
ceive such internet service offering if such 
household later terminates such contract; 
and 
(iii) was not subject to a mandatory 
waiting period for such internet service of-
fering based on having previously received 
broadband internet access service from 
such provider. 
(C) A description of the process used by 
the provider to verify that a household is an eli-
gible household, if the provider elects an alter-
native verification process under paragraph
1213 
(2)(B), and that such verification process was 
designed to avoid waste, fraud, and abuse. 
(9) AUDIT REQUIREMENTS.—The Commission 
shall adopt audit requirements to ensure that pro-
viders are in compliance with the requirements of 
this section and to prevent waste, fraud, and abuse 
in the emergency broadband benefit program estab-
lished under this section. 
(c) ELIGIBLE PROVIDERS.—Notwithstanding sub-
section (e) of this section, the Commission shall provide 
a reimbursement to a provider under this section without 
requiring such provider to be designated as an eligible tele-
communications carrier under section 214(e) of the Com-
munications Act of 1934 (47 U.S.C. 214(e)). 
(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall affect the collection, distribution, or administra-
tion of the Lifeline Assistance Program governed by the 
rules set forth in subpart E of part 54 of title 47, Code 
of Federal Regulations (or any successor regulation). 
(e) PART 54 REGULATIONS.—Nothing in this section 
shall be construed to prevent the Commission from pro-
viding that the regulations in part 54 of title 47, Code 
of Federal Regulations (or any successor regulation), shall 
apply in whole or in part to support provided under the 
regulations required by subsection (a), shall not apply in
1214 
whole or in part to such support, or shall be modified in 
whole or in part for purposes of application to such sup-
port. 
(f) ENFORCEMENT.—A violation of this section or a 
regulation promulgated under this section, including the 
knowing or reckless denial of an internet service offering 
discounted by the emergency broadband benefit to an eligi-
ble household that requests such an offering, shall be 
treated as a violation of the Communications Act of 1934 
(47 U.S.C. 151 et seq.) or a regulation promulgated under 
such Act. The Commission shall enforce this section and 
the regulations promulgated under this section in the same 
manner, by the same means, and with the same jurisdic-
tion, powers, and duties as though all applicable terms and 
provisions of the Communications Act of 1934 were incor-
porated into and made a part of this section. 
(g) EXEMPTIONS.— 
(1) NOTICE AND COMMENT RULEMAKING RE-
QUIREMENTS.—Section 553 of title 5, United States 
Code, shall not apply to a regulation promulgated 
under subsection (a) or a rulemaking to promulgate 
such a regulation. 
(2) PAPERWORK
REDUCTION
ACT
REQUIRE-
MENTS.—A collection of information conducted or 
sponsored under the regulations required by sub-
1215 
section (a) shall not constitute a collection of infor-
mation for the purposes of subchapter I of chapter 
35 of title 44, United States Code (commonly re-
ferred to as the Paperwork Reduction Act). 
(h) 
EMERGENCY
BROADBAND
CONNECTIVITY 
FUND.— 
(1) ESTABLISHMENT.—There is established in 
the Treasury of the United States a fund to be 
known as the Emergency Broadband Connectivity 
Fund. 
(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to the Emer-
gency Broadband Connectivity Fund $8,800,000,000 
for fiscal year 2020, to remain available through fis-
cal year 2021. 
(3) USE OF FUNDS.—Amounts in the Emer-
gency Broadband Connectivity Fund shall be avail-
able to the Commission for reimbursements to pro-
viders under the regulations required by subsection 
(a). 
(4) RELATIONSHIP
TO
UNIVERSAL
SERVICE 
CONTRIBUTIONS.—Reimbursements provided under 
the regulations required by subsection (a) shall be 
provided from amounts made available under this 
subsection and not from contributions under section
1216 
254(d) of the Communications Act of 1934 (47 
U.S.C. 254(d)), except the Commission may use 
such contributions if needed to offset expenses asso-
ciated with the reliance on the National Lifeline Eli-
gibility Verifier to determine eligibility of households 
to receive the emergency broadband benefit. 
(i) DEFINITIONS.—In this section: 
(1) BROADBAND INTERNET ACCESS SERVICE.— 
The term ‘‘broadband internet access service’’ has 
the meaning given such term in section 8.1(b) of 
title 47, Code of Federal Regulations (or any suc-
cessor regulation). 
(2) CONNECTED
DEVICE.—The term ‘‘con-
nected device’’ means a laptop or desktop computer 
or a tablet. 
(3) ELIGIBLE HOUSEHOLD.—The term ‘‘eligible 
household’’ means, regardless of whether the house-
hold or any member of the household receives sup-
port under subpart E of part 54 of title 47, Code 
of Federal Regulations (or any successor regulation), 
and regardless of whether any member of the house-
hold has any past or present arrearages with a pro-
vider, a household in which— 
(A) at least one member of the household 
meets the qualifications in subsection (a) or (b)
1217 
of section 54.409 of title 47, Code of Federal 
Regulations (or any successor regulation); 
(B) at least one member of the household 
has applied for and been approved to receive 
benefits under the free and reduced price lunch 
program under the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1751 et seq.) or 
the school breakfast program under section 4 of 
the Child Nutrition Act of 1966 (42 U.S.C. 
1773); or 
(C) at least one member of the household 
has experienced a substantial loss of income 
since February 29, 2020, documented by layoff 
or furlough notice, application for unemploy-
ment insurance benefits, or similar documenta-
tion. 
(4) EMERGENCY
BROADBAND
BENEFIT.—The 
term ‘‘emergency broadband benefit’’ means a 
monthly discount for an eligible household applied to 
the normal rate for an internet service offering, in 
an amount equal to such rate, but not more than 
$50, or, if an internet service offering is provided to 
an eligible household on Tribal land, not more than 
$75.
1218 
(5) EMERGENCY
PERIOD.—The term ‘‘emer-
gency period’’ means a period that— 
(A) begins on the date of a determination 
by the Secretary of Health and Human Services 
pursuant to section 319 of the Public Health 
Service Act (42 U.S.C. 247d) that a public 
health emergency exists as a result of COVID– 
19; and 
(B) ends on the date that is 6 months 
after the date on which such determination (in-
cluding any renewal thereof) terminates, except 
as such period may be extended under sub-
section (b)(4). 
(6) INTERNET SERVICE OFFERING.—The term 
‘‘internet service offering’’ means, with respect to a 
provider, broadband internet access service provided 
by such provider to a household, offered in the same 
manner, and on the same terms, as described in any 
of such provider’s advertisements for broadband 
internet access service to such household, as on May 
1, 2020. 
(7) NORMAL RATE.—The term ‘‘normal rate’’ 
means, with respect to an internet service offering 
by a provider, the advertised monthly retail rate, as
1219 
of May 1, 2020, including any applicable promotions 
and excluding any taxes or other governmental fees. 
(8) PROVIDER.—The term ‘‘provider’’ means a 
provider of broadband internet access service. 
SEC. 130302. ENHANCED LIFELINE BENEFITS DURING 
EMERGENCY PERIODS. 
(a) ENHANCED MINIMUM SERVICE STANDARDS FOR 
LIFELINE BENEFITS DURING EMERGENCY PERIODS.— 
During an emergency period— 
(1) the minimum service standard for Lifeline 
supported mobile voice service shall provide an un-
limited number of minutes per month; 
(2) the minimum service standard for Lifeline 
supported mobile data service shall provide an un-
limited data allowance each month and 4G speeds, 
where available; and 
(3) the Basic Support Amount and Tribal 
Lands Support Amount, as described in section 
54.403 of title 47, Code of Federal Regulations (or 
any successor regulation), shall be increased by an 
amount necessary, as determined by the Commis-
sion, to offset any incremental increase in cost asso-
ciated with the requirements in paragraphs (1) and 
(2).
1220 
(b) EXTENSION OF EMERGENCY PERIOD.—An emer-
gency period may be extended within a State or any por-
tion thereof for a maximum of six months, if the State, 
or in the case of Tribal land, a Tribal government, pro-
vides written, public notice to the Commission stipulating 
that an extension is necessary in furtherance of the recov-
ery related to COVID–19. The Commission shall, within 
48 hours after receiving such notice, post the notice on 
the public website of the Commission. 
(c) REGULATIONS.—The Commission shall adopt, on 
an expedited basis, any regulations needed to carry out 
this section. 
(d) EMERGENCY PERIOD DEFINED.—In this section, 
the term ‘‘emergency period’’ means a period that— 
(1) begins on the date of a determination by the 
Secretary of Health and Human Services pursuant 
to section 319 of the Public Health Service Act (42 
U.S.C. 247d) that a public health emergency exists 
as a result of COVID–19; and 
(2) ends on the date that is 6 months after the 
date on which such determination (including any re-
newal thereof) terminates, except as such period 
may be extended under subsection (b).
1221 
SEC. 130303. GRANTS TO STATES TO STRENGTHEN NA-
TIONAL LIFELINE ELIGIBILITY VERIFIER. 
(a) IN
GENERAL.—From amounts appropriated 
under subsection (d), the Commission shall, not later than 
7 days after the date of the enactment of this Act, make 
a grant to each State, in an amount in proportion to the 
population of such State, for the purpose of connecting 
the database used by such State for purposes of the sup-
plemental nutrition assistance program under the Food 
and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) to the 
National Lifeline Eligibility Verifier, so that the receipt 
by a household of benefits under such program is reflected 
in the National Lifeline Eligibility Verifier. 
(b) DISBURSEMENT
OF
GRANT
FUNDS.—Funds 
under each grant made under subsection (a) shall be dis-
bursed to the State receiving such grant not later than 
7 days after the date of the enactment of this Act. 
(c) CERTIFICATION TO CONGRESS.—Not later than 
21 days after the date of the enactment of this Act, the 
Commission shall certify to the Committee on Energy and 
Commerce of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate that the grants required by subsection (a) have 
been made and that funds have been disbursed as required 
by subsection (b).
1222 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $200,000,000 to carry out 
this section for fiscal year 2020, to remain available 
through fiscal year 2021. 
SEC. 130304. DEFINITIONS. 
In this title: 
(1) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Communications Commission. 
(2) 
NATIONAL
LIFELINE
ELIGIBILITY 
VERIFIER.—The term ‘‘National Lifeline Eligibility 
Verifier’’ has the meaning given such term in section 
54.400 of title 47, Code of Federal Regulations (or 
any successor regulation). 
(3) STATE.—The term ‘‘State’’ has the mean-
ing given such term in section 3 of the Communica-
tions Act of 1934 (47 U.S.C. 153). 
TITLE IV—CONTINUED 
CONNECTIVITY 
SEC. 130401. CONTINUED CONNECTIVITY DURING EMER-
GENCY PERIODS RELATING TO COVID–19. 
Title VII of the Communications Act of 1934 (47 
U.S.C. 601 et seq.) is amended by adding at the end the 
following:
1223 
‘‘SEC. 723. CONTINUED CONNECTIVITY DURING EMER-
GENCY PERIODS RELATING TO COVID–19. 
‘‘(a) IN GENERAL.—During an emergency period de-
scribed in subsection (b), it shall be unlawful— 
‘‘(1) for a provider of advanced telecommuni-
cations service or voice service to— 
‘‘(A) terminate, reduce, or change such 
service provided to any individual customer or 
small business because of the inability of the in-
dividual customer or small business to pay for 
such service if the individual customer or small 
business certifies to such provider that such in-
ability to pay is a result of disruptions caused 
by the public health emergency to which such 
emergency period relates; or 
‘‘(B) impose late fees on any individual 
customer or small business because of the in-
ability of the individual customer or small busi-
ness to pay for such service if the individual 
customer or small business certifies to such pro-
vider that such inability to pay is a result of 
disruptions caused by the public health emer-
gency to which such emergency period relates; 
‘‘(2) for a provider of advanced telecommuni-
cations service to, during such emergency period—
1224 
‘‘(A) employ a limit on the amount of data 
allotted to an individual customer or small busi-
ness during such emergency period, except that 
such provider may engage in reasonable net-
work management; or 
‘‘(B) charge an individual customer or 
small business an additional fee for exceeding 
the limit on the data allotted to an individual 
customer or small business; or 
‘‘(3) for a provider of advanced telecommuni-
cations service that had functioning Wi-Fi hotspots 
available to subscribers in public places on the day 
before the beginning of such emergency period to 
fail to make service provided by such Wi-Fi hotspots 
available to the public at no cost during such emer-
gency period. 
‘‘(b) WAIVER.—Upon a petition by a provider ad-
vanced telecommunications service or voice service, the 
provisions in subsection (a) may be suspended or waived 
by the Commission at any time, in whole or in part, for 
good cause shown. 
‘‘(c) EMERGENCY PERIODS DESCRIBED.—An emer-
gency period described in this subsection is any portion 
beginning on or after the date of the enactment of this 
section of the duration of a public health emergency de-
1225 
clared pursuant to section 319 of the Public Health Serv-
ice Act (42 U.S.C. 247d) as a result of COVID–19, includ-
ing any renewal thereof. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) ADVANCED TELECOMMUNICATIONS SERV-
ICE.—The term ‘advanced telecommunications serv-
ice’ means a service that provides advanced tele-
communications capability (as defined in section 706 
of the Telecommunications Act of 1996 (47 U.S.C. 
1302)). 
‘‘(2) BROADBAND
INTERNET
ACCESS
SERV-
ICE.—The term ‘broadband internet access service’ 
has the meaning given such term in section 8.1(b) 
of title 47, Code of Federal Regulations (or any suc-
cessor regulation). 
‘‘(3) INDIVIDUAL CUSTOMER.—The term ‘indi-
vidual customer’ means an individual who contracts 
with a mass-market retail provider of advanced tele-
communications service or voice service to provide 
service to such individual. 
‘‘(4) REASONABLE NETWORK MANAGEMENT.— 
The term ‘reasonable network management’— 
‘‘(A) means the use of a practice that— 
‘‘(i) has a primarily technical network 
management justification; and
1226 
‘‘(ii) is primarily used for and tailored 
to achieving a legitimate network manage-
ment purpose, taking into account the par-
ticular network architecture and tech-
nology of the service; and 
‘‘(B) does not include other business prac-
tices. 
‘‘(5) SMALL BUSINESS.—The term ‘small busi-
ness’ has the meaning given such term under section 
601(3) of title 5, United States Code. 
‘‘(6) VOICE SERVICE.—The term ‘voice service’ 
has the meaning given such term under section 
227(e)(8) of the Communications Act of 1934 (47 
U.S.C. 227(e)(8)). 
‘‘(7) WI-FI.—The term ‘Wi-Fi’ means a wire-
less networking protocol based on Institute of Elec-
trical and Electronics Engineers standard 802.11 
(or any successor standard). 
‘‘(8) 
WI-FI
HOTSPOT.—The 
term 
‘Wi-Fi 
hotspot’ means a device that is capable of— 
‘‘(A) receiving mobile broadband internet 
access service; and 
‘‘(B) sharing such service with another de-
vice through the use of Wi-Fi.’’.
1227 
TITLE V—DON’T BREAK UP THE 
T–BAND 
SEC. 130501. REPEAL OF REQUIREMENT TO REALLOCATE 
AND AUCTION T–BAND SPECTRUM. 
(a) REPEAL.—Section 6103 of the Middle Class Tax 
Relief and Job Creation Act of 2012 (47 U.S.C. 1413) 
is repealed. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is amended by striking the 
item relating to section 6103. 
TITLE VI—NATIONAL SUICIDE 
HOTLINE DESIGNATION 
SEC. 130601. FINDINGS. 
Congress finds the following: 
(1) According to the American Foundation for 
Suicide Prevention, on average, there are 129 sui-
cides per day in the United States. 
(2) To prevent future suicides, it is critical to 
transition the cumbersome, existing 10-digit Na-
tional Suicide Hotline to a universal, easy-to-remem-
ber, 3-digit phone number and connect people in cri-
sis with life-saving resources. 
(3) It is essential that people in the United 
States have access to a 3-digit national suicide hot-
line across all geographic locations.
1228 
(4) The designated suicide hotline number will 
need to be both familiar and recognizable to all peo-
ple in the United States. 
SEC. 130602. UNIVERSAL TELEPHONE NUMBER FOR NA-
TIONAL SUICIDE PREVENTION AND MENTAL 
HEALTH CRISIS HOTLINE SYSTEM. 
(a) IN GENERAL.—Section 251(e) of the Commu-
nications Act of 1934 (47 U.S.C. 251(e)) is amended by 
adding at the end the following: 
‘‘(4) UNIVERSAL TELEPHONE NUMBER FOR NA-
TIONAL SUICIDE PREVENTION AND MENTAL HEALTH 
CRISIS HOTLINE SYSTEM.—9–8–8 is designated as 
the universal telephone number within the United 
States for the purpose of the national suicide pre-
vention and mental health crisis hotline system oper-
ating through the National Suicide Prevention Life-
line maintained by the Assistant Secretary for Men-
tal Health and Substance Use under section 520E– 
3 of the Public Health Service Act (42 U.S.C. 
290bb–36c) and through the Veterans Crisis Line 
maintained by the Secretary of Veterans Affairs 
under section 1720F(h) of title 38, United States 
Code.’’.
1231 
(B) the provision of acute mental health, 
crisis outreach, and stabilization services di-
rectly responding to the 9–8–8 national suicide 
prevention and mental health crisis hotline. 
(b) FEE ACCOUNTABILITY REPORT.—To ensure effi-
ciency, transparency, and accountability in the collection 
and expenditure of a fee or charge for the support or im-
plementation of 9–8–8 services, not later than 2 years 
after the date of the enactment of this Act, and annually 
thereafter, the Commission shall submit to the Commit-
tees on Commerce, Science, and Transportation and Ap-
propriations of the Senate and the Committees on Energy 
and Commerce and Appropriations of the House of Rep-
resentatives a report that— 
(1) details the status in each State, political 
subdivision of a State, Indian Tribe, or village or re-
gional corporation serving a region established pur-
suant to the Alaska Native Claims Settlement Act 
(43 U.S.C. 1601 et seq.) of the collection and dis-
tribution of such fees or charges, including a de-
tailed report about how those fees or charges are 
being used to support 9–8–8 services; and 
(2) includes findings on the amount of revenues 
obligated or expended by each State, political sub-
division of a State, Indian Tribe, or village or re-
1232 
gional corporation serving a region established pur-
suant to the Alaska Native Claims Settlement Act 
(43 U.S.C. 1601 et seq.) for any purpose other than 
the purpose for which any such fees or charges are 
specified. 
(c) DEFINITIONS.—In this section: 
(1) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Communications Commission. 
(2) STATE.—The term ‘‘State’’ has the mean-
ing given that term in section 7 of the Wireless 
Communications and Public Safety Act of 1999 (47 
U.S.C. 615b). 
(3) VOICE SERVICE.—The term ‘‘voice service’’ 
has the meaning given that term in section 
227(e)(8) of the Communications Act of 1934 (47 
U.S.C. 227(e)(8)). 
SEC. 130604. LOCATION IDENTIFICATION REPORT. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Federal Commu-
nications Commission shall submit to the appropriate com-
mittees a report that examines the feasibility and cost of 
including an automatic dispatchable location that would 
be conveyed with a 9–8–8 call, regardless of the techno-
logical platform used and including with calls from multi- 
line telephone systems (as defined in section 6502 of the
1233 
Middle Class Tax Relief and Job Creation Act of 2012 
(47 U.S.C. 1471)). 
(b) DEFINITIONS.—In this section: 
(1) APPROPRIATE
COMMITTEES.—The term 
‘‘appropriate committees’’ means the following: 
(A) The Committee on Commerce, Science, 
and Transportation of the Senate. 
(B) The Committee on Health, Education, 
Labor, and Pensions of the Senate. 
(C) The Committee on Energy and Com-
merce of the House of Representatives. 
(2) 
DISPATCHABLE
LOCATION.—The 
term 
‘‘dispatchable location’’ means the street address of 
the calling party and additional information such as 
room number, floor number, or similar information 
necessary to adequately identify the location of the 
calling party. 
SEC. 130605. REPORT ON CERTAIN TRAINING PROGRAMS. 
(a) SENSE OF THE CONGRESS.—It is the sense of the 
Congress that— 
(1) youth who are lesbian, gay, bisexual, 
transgender, or queer (referred to in this section as 
‘‘LGBTQ’’) are more than 4 times more likely to 
contemplate suicide than their peers;
1234 
(2) 1 in 5 LGBTQ youth and more than 1 in 
3 transgender youth report attempting suicide this 
past year; and 
(3) the Substance Abuse and Mental Health 
Services Administration must be equipped to provide 
specialized resources to this at-risk community. 
(b) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Assistant Secretary for 
Mental Health and Substance Use shall submit to the 
Committee on Commerce, Science, and Transportation of 
the Senate, the Committee on Health, Education, Labor, 
and Pensions of the Senate, and the Committee on Energy 
and Commerce of the House of Representatives a report 
that— 
(1) details a strategy, to be developed in con-
sultation with 1 or more organizations with expertise 
in suicide of LGBTQ youth as well as 1 or more or-
ganizations with expertise in suicide of other high 
risk populations, for the Substance Abuse and Men-
tal Health Services Administration to offer, support, 
or provide technical assistance to training programs 
for National Suicide Prevention Lifeline counselors 
to increase competency in serving LGBTQ youth 
and other high risk populations; and 
(2) includes recommendations regarding—
1235 
(A) the facilitation of access to services 
that are provided to specially trained staff and 
partner organizations for LGBTQ individuals 
and other high risk populations; and 
(B) a strategy for optimally implementing 
an Integrated Voice Response, or other equally 
effective mechanism, to allow National Suicide 
Prevention Lifeline callers who are LGBTQ 
youth or members of other high risk popu-
lations to access specialized services. 
TITLE 
VII—COVID–19 
COMPAS-
SION AND MARTHA WRIGHT 
PRISON PHONE JUSTICE 
SEC. 130701. FINDINGS. 
Congress finds the following: 
(1) Prison, jails, and other confinement facili-
ties in the United States have unique telecommuni-
cations needs due to safety and security concerns. 
(2) Unjust and unreasonable charges for tele-
phone and advanced communications services in con-
finement facilities negatively impact the safety and 
security of communities in the United States by 
damaging relationships between incarcerated persons 
and their support systems, thereby exacerbating re-
cidivism.
1236 
(3) The COVID–19 pandemic has greatly inten-
sified these concerns. Jails and prisons have become 
epicenters for the spread of the virus, with incarcer-
ated persons concentrated in small, confined spaces 
and often without access to adequate health care. At 
Cook County jail alone, hundreds of incarcerated 
persons and jail staff have tested positive for the 
virus since its outbreak. 
(4) To prevent the spread of the virus, many 
jails and prisons across the country suspended pub-
lic visitation, leaving confinement facility commu-
nications services as the only way that incarcerated 
persons can stay in touch with their families. 
(5) All people in the United States, including 
anyone who pays for confinement facility commu-
nications services, should have access to communica-
tions services at charges that are just and reason-
able. 
(6) Unemployment has risen sharply as a result 
of the COVID–19 pandemic, straining the incomes 
of millions of Americans and making it even more 
difficult for families of incarcerated persons to pay 
the high costs of confinement facility communica-
tions services.
1238 
ons during the pandemic, it does not cover commu-
nications to or from anyone incarcerated in State 
and local prisons or jails. 
(11) Mrs. Martha Wright-Reed led a campaign 
for just communications rates for incarcerated peo-
ple for over a decade. 
(12) Mrs. Wright-Reed was the lead plaintiff in 
Wright v. Corrections Corporation of America, CA 
No. 00–293 (GK) (D.D.C. 2001). 
(13) That case ultimately led to the Wright Pe-
tition at the Federal Communications Commission, 
CC Docket No. 96–128 (November 3, 2003). 
(14) As a grandmother, Mrs. Wright-Reed was 
forced to choose between purchasing medication and 
communicating with her incarcerated grandson. 
(15) Mrs. Wright-Reed passed away on Janu-
ary 18, 2015, before fully realizing her dream of just 
communications rates for all people. 
SEC. 130702. REQUIREMENTS FOR CONFINEMENT FACILITY 
COMMUNICATIONS SERVICES, DURING THE 
COVID–19 PANDEMIC AND OTHER TIMES. 
(a) IN GENERAL.—Section 276 of the Communica-
tions Act of 1934 (47 U.S.C. 276) is amended by adding 
at the end the following:
1239 
‘‘(e) ADDITIONAL REQUIREMENTS
FOR CONFINE-
MENT FACILITY COMMUNICATIONS SERVICES.— 
‘‘(1) AUTHORITY.— 
‘‘(A) IN GENERAL.—All charges, practices, 
classifications, and regulations for and in con-
nection with confinement facility communica-
tions services shall be just and reasonable, and 
any such charge, practice, classification, or reg-
ulation that is unjust or unreasonable is de-
clared to be unlawful. 
‘‘(B) RULEMAKING REQUIRED.—Not later 
than 18 months after the date of the enactment 
of this subsection, the Commission shall issue 
rules to adopt, for the provision of confinement 
facility communications services, rates and an-
cillary service charges that are just and reason-
able, which shall be the maximum such rates 
and charges that a provider of confinement fa-
cility communications services may charge for 
such services. In determining rates and charges 
that are just and reasonable, the Commission 
shall adopt such rates and charges based on the 
average industry costs of providing such serv-
ices using data collected from providers of con-
finement facility communications services.
1240 
‘‘(C) BIENNIAL
REVIEW.—Not less fre-
quently than every 2 years following the 
issuance of rules under subparagraph (B), the 
Commission shall— 
‘‘(i) determine whether the rates and 
ancillary service charges authorized by the 
rules issued under such subparagraph re-
main just and reasonable; and 
‘‘(ii) if the Commission determines 
under clause (i) that any such rate or 
charge does not remain just and reason-
able, revise such rules so that such rate or 
charge is just and reasonable. 
‘‘(2) INTERIM RATE CAPS.—Until the Commis-
sion issues the rules required by paragraph (1)(B), 
a provider of confinement facility communications 
services may not charge a rate for any voice service 
communication using confinement facility commu-
nications services that exceeds the following: 
‘‘(A) For debit calling or prepaid calling, 
$0.04 per minute. 
‘‘(B) For collect calling, $0.05 per minute. 
‘‘(3) ASSESSMENT ON PER-MINUTE BASIS.—Ex-
cept as provided in paragraph (4), a provider of con-
finement facility communications services—
1241 
‘‘(A) shall assess all charges for a commu-
nication using such services on a per-minute 
basis for the actual duration of the communica-
tion, measured from communication acceptance 
to termination, rounded up to the next full 
minute, except in the case of charges for serv-
ices that the confinement facility offers free of 
charge or for amounts below the amounts per-
mitted under this subsection; and 
‘‘(B) may not charge a per-communication 
or per-connection charge for a communication 
using such services. 
‘‘(4) ANCILLARY SERVICE CHARGES.— 
‘‘(A) GENERAL PROHIBITION.—A provider 
of confinement facility communications services 
may not charge an ancillary service charge 
other than— 
‘‘(i) if the Commission has not yet 
issued the rules required by paragraph 
(1)(B), a charge listed in subparagraph 
(B) of this paragraph; or 
‘‘(ii) a charge authorized by the rules 
adopted by the Commission under para-
graph (1).
1242 
‘‘(B) PERMITTED CHARGES AND RATES.— 
If the Commission has not yet issued the rules 
required by paragraph (1)(B), a provider of 
confinement facility communications services 
may not charge a rate for an ancillary service 
charge in excess of the following: 
‘‘(i) In the case of an automated pay-
ment fee, 2.9 percent of the total charge 
on which the fee is assessed. 
‘‘(ii) In the case of a fee for single-call 
and related services, the exact transaction 
fee charged by the third-party provider, 
with no markup. 
‘‘(iii) In the case of a live agent fee, 
$5.95 per use. 
‘‘(iv) In the case of a paper bill or 
statement fee, $2 per use. 
‘‘(v) In the case of a third-party fi-
nancial transaction fee, the exact fee, with 
no markup, charged by the third party for 
the transaction. 
‘‘(5) PROHIBITION ON SITE COMMISSIONS.—A 
provider of confinement facility communications 
services may not assess a site commission.
1243 
‘‘(6) RELATIONSHIP TO STATE LAW.—A State 
or political subdivision of a State may not enforce 
any law, rule, regulation, standard, or other provi-
sion having the force or effect of law relating to con-
finement facility communications services that allows 
for higher rates or other charges to be assessed for 
such services than is permitted under any Federal 
law or regulation relating to confinement facility 
communications services. 
‘‘(7) DEFINITIONS.—In this subsection: 
‘‘(A) ANCILLARY SERVICE CHARGE.—The 
term ‘ancillary service charge’ means any 
charge a consumer may be assessed for the set-
ting up or use of a confinement facility commu-
nications service that is not included in the per- 
minute charges assessed for individual commu-
nications. 
‘‘(B) AUTOMATED
PAYMENT
FEE.—The 
term ‘automated payment fee’ means a credit 
card payment, debit card payment, or bill proc-
essing fee, including a fee for a payment made 
by means of interactive voice response, the 
internet, or a kiosk. 
‘‘(C) COLLECT CALLING.—The term ‘col-
lect calling’ means an arrangement whereby a
1244 
credit-qualified party agrees to pay for charges 
associated with a communication made to such 
party using confinement facility communica-
tions services and originating from within a 
confinement facility. 
‘‘(D) CONFINEMENT FACILITY.—The term 
‘confinement facility’— 
‘‘(i) means a jail or a prison; and 
‘‘(ii) includes any juvenile, detention, 
work release, or mental health facility that 
is used primarily to hold individuals who 
are— 
‘‘(I) awaiting adjudication of 
criminal charges or an immigration 
matter; or 
‘‘(II) serving a sentence for a 
criminal conviction. 
‘‘(E) CONFINEMENT
FACILITY
COMMU-
NICATIONS
SERVICE.—The term ‘confinement 
facility communications service’ means a service 
that allows incarcerated persons to make elec-
tronic communications (whether intrastate, 
interstate, or international and whether made 
using video, audio, or any other communicative 
method, including advanced communications
1245 
services) to individuals outside the confinement 
facility, or to individuals inside the confinement 
facility, where the incarcerated person is being 
held, regardless of the technology used to de-
liver the service. 
‘‘(F) CONSUMER.—The term ‘consumer’ 
means the party paying a provider of confine-
ment facility communications services. 
‘‘(G) DEBIT
CALLING.—The term ‘debit 
calling’ means a presubscription or comparable 
service which allows an incarcerated person, or 
someone acting on an incarcerated person’s be-
half, to fund an account set up through a pro-
vider that can be used to pay for confinement 
facility communications services originated by 
the incarcerated person. 
‘‘(H) FEE
FOR
SINGLE-CALL
AND
RE-
LATED SERVICES.—The term ‘fee for single-call 
and related services’ means a billing arrange-
ment whereby communications made by an in-
carcerated person using collect calling are billed 
through a third party on a per-communication 
basis, where the recipient does not have an ac-
count with the provider of confinement facility 
communications services.
1246 
‘‘(I) INCARCERATED
PERSON.—The term 
‘incarcerated person’ means a person detained 
at a confinement facility, regardless of the du-
ration of the detention. 
‘‘(J) JAIL.—The term ‘jail’— 
‘‘(i) means a facility of a law enforce-
ment agency of the Federal Government or 
of a State or political subdivision of a 
State that is used primarily to hold indi-
viduals who are— 
‘‘(I) awaiting adjudication of 
criminal charges; 
‘‘(II) post-conviction and com-
mitted to confinement for sentences of 
one year or less; or 
‘‘(III) post-conviction and await-
ing transfer to another facility; and 
‘‘(ii) includes— 
‘‘(I) city, county, or regional fa-
cilities that have contracted with a 
private company to manage day-to- 
day operations; 
‘‘(II) privately-owned and oper-
ated facilities primarily engaged in
1247 
housing city, county, or regional in-
carcerated persons; and 
‘‘(III) facilities used to detain in-
dividuals pursuant to a contract with 
U.S. Immigration and Customs En-
forcement. 
‘‘(K) LIVE
AGENT
FEE.—The term ‘live 
agent fee’ means a fee associated with the op-
tional use of a live operator to complete a con-
finement facility communications service trans-
action. 
‘‘(L) PAPER BILL OR STATEMENT FEE.— 
The term ‘paper bill or statement fee’ means a 
fee associated with providing a consumer an op-
tional paper billing statement. 
‘‘(M) PER-COMMUNICATION
OR
PER-CON-
NECTION CHARGE.—The term ‘per-communica-
tion or per-connection charge’ means a one-time 
fee charged to a consumer at the initiation of 
a communication. 
‘‘(N) PREPAID CALLING.—The term ‘pre-
paid calling’ means a calling arrangement that 
allows a consumer to pay in advance for a spec-
ified amount of confinement facility commu-
nications services.
1248 
‘‘(O) PRISON.—The term ‘prison’— 
‘‘(i) means a facility operated by a 
State or Federal agency that is used pri-
marily to confine individuals convicted of 
felonies and sentenced to terms in excess 
of one year; and 
‘‘(ii) includes— 
‘‘(I) public and private facilities 
that provide outsource housing to 
State or Federal agencies such as 
State Departments of Correction and 
the Federal Bureau of Prisons; and 
‘‘(II) facilities that would other-
wise be jails but in which the majority 
of incarcerated persons are post-con-
viction or are committed to confine-
ment for sentences of longer than one 
year. 
‘‘(P) PROVIDER OF CONFINEMENT FACIL-
ITY
COMMUNICATIONS
SERVICES.—The term 
‘provider of confinement facility communica-
tions services’ means any communications serv-
ice provider that provides confinement facility 
communications services, regardless of the tech-
nology used.
1249 
‘‘(Q) SITE
COMMISSION.—The term ‘site 
commission’ means any monetary payment, in- 
kind payment, gift, exchange of services or 
goods, fee, technology allowance, or product 
that a provider of confinement facility commu-
nications services or an affiliate of a provider of 
confinement facility communications services 
may pay, give, donate, or otherwise provide 
to— 
‘‘(i) an entity that operates a confine-
ment facility; 
‘‘(ii) an entity with which the provider 
of confinement facility communications 
services enters into an agreement to pro-
vide confinement facility communications 
services; 
‘‘(iii) a governmental agency that 
oversees a confinement facility; 
‘‘(iv) the State or political subdivision 
of a State where a confinement facility is 
located; or 
‘‘(v) an agent or other representative 
of an entity described in any of clauses (i) 
through (iv).
1250 
‘‘(R) THIRD-PARTY
FINANCIAL
TRANS-
ACTION FEE.—The term ‘third-party financial 
transaction fee’ means the exact fee, with no 
markup, that a provider of confinement facility 
communications services is charged by a third 
party to transfer money or process a financial 
transaction to facilitate the ability of a con-
sumer to make an account payment via a third 
party. 
‘‘(S) VOICE
SERVICE.—The term ‘voice 
service’— 
‘‘(i) means any service that is inter-
connected with the public switched tele-
phone network and that furnishes voice 
communications to an end user using re-
sources from the North American Num-
bering Plan or any successor to the North 
American Numbering Plan adopted by the 
Commission under section 251(e)(1); and 
‘‘(ii) includes— 
‘‘(I) transmissions from a tele-
phone facsimile machine, computer, or 
other device to a telephone facsimile 
machine; and
1251 
‘‘(II) 
without 
limitation, 
any 
service that enables real-time, two-way 
voice communications, including any 
service that requires internet protocol- 
compatible customer premises equip-
ment (commonly known as ‘CPE’) 
and permits out-bound calling, wheth-
er or not the service is one-way or 
two-way voice over internet protocol.’’. 
(b) CONFORMING AMENDMENT.—Section 276(d) of 
the Communications Act of 1934 (47 U.S.C. 276(d)) is 
amended by striking ‘‘inmate telephone service in correc-
tional institutions’’ and inserting ‘‘confinement facility 
communications services (as defined in subsection 
(e)(7))’’. 
(c) EXISTING CONTRACTS.— 
(1) IN GENERAL.—In the case of a contract 
that was entered into and under which a provider of 
confinement facility communications services was 
providing such services at a confinement facility on 
or before the date of the enactment of this Act— 
(A) paragraphs (1) through (5) of sub-
section (e) of section 276 of the Communica-
tions Act of 1934, as added by subsection (a) 
of this section, shall apply to the provision of
1252 
confinement facility communications services by 
such provider at such facility beginning on the 
earlier of— 
(i) the date that is 60 days after such 
date of enactment; or 
(ii) the date of the termination of the 
contract; and 
(B) the terms of such contract may not be 
extended after such date of enactment, whether 
by exercise of an option or otherwise. 
(2) DEFINITIONS.—In this subsection, the 
terms ‘‘confinement facility’’, ‘‘confinement facility 
communications service’’, and ‘‘provider of confine-
ment facility communications services’’ have the 
meanings given such terms in paragraph (7) of sub-
section (e) of section 276 of the Communications 
Act of 1934, as added by subsection (a) of this sec-
tion. 
SEC. 130703. AUTHORITY. 
Section 2(b) of the Communications Act of 1934 (47 
U.S.C. 152(b)) is amended by inserting ‘‘section 276,’’ 
after ‘‘227, inclusive,’’.
1253 
TITLE 
VIII—HEALTHCARE 
BROADBAND 
EXPANSION 
DURING COVID–19 
SEC. 130801. EXPANSION OF RURAL HEALTH CARE PRO-
GRAM OF FCC IN RESPONSE TO COVID–19. 
(a) PROMULGATION OF REGULATIONS REQUIRED.— 
Not later than 7 days after the date of the enactment of 
this Act, the Commission shall promulgate regulations 
modifying the requirements in subpart G of part 54 of 
title 47, Code of Federal Regulations, in the following 
manner: 
(1) A health care provider not located in a rural 
area shall be treated as a rural health care provider 
for the purposes of the Healthcare Connect Fund 
Program. 
(2) The discount rate for an eligible expense 
through the Healthcare Connect Fund Program (as 
described in section 54.611(a) of title 47, Code of 
Federal Regulations, or any successor regulation) 
shall be increased to 85 percent in funding years 
2019, 2020, and 2021 for eligible equipment pur-
chased or eligible services rendered in such funding 
years (including for eligible equipment, upfront pay-
ments, and multi-year commitments without limita-
tion).
1254 
(3) A temporary, mobile, or satellite health care 
delivery site shall be treated as a health care pro-
vider or an eligible site of a health care provider for 
purposes of determining eligibility for the Healthcare 
Connect Fund Program or the Telecommunications 
Program. 
(4) The waiver of the application window speci-
fied in section 54.621(a) of title 47, Code of Federal 
Regulations (or any successor regulation), for fund-
ing year 2019. 
(5) The adoption and implementation of a roll-
ing application process to allow a health care pro-
vider to apply for funding. 
(6) The following changes to certain bidding re-
quirements: 
(A) A waiver of any requirement under 
section 54.622 of title 47, Code of Federal Reg-
ulations (or any successor regulation), for a 
health care provider upgrading an existing sup-
ported service at a particular location, effective 
as of the date of declaration of the public health 
emergency pursuant to section 319 of the Pub-
lic Health Service Act (42 U.S.C. 247d) as a 
result of confirmed cases of COVID–19, if the 
health care provider maintains the same eligible
1257 
before the date of the enactment of this Act 
and ending on January 31, 2020, has issued a 
Letter of Inquiry, Notice of Apparent Liability, 
or Forfeiture Order relating to the party’s par-
ticipation in the Rural Health Care Program, 
pursuant to section 503(b) of the Communica-
tions Act of 1934 (47 U.S.C. 503(b)). 
(C) REQUIRED REPAYMENT.—In the case 
of an eligible service provider that receives 
funding through the Rural Health Care Pro-
gram pursuant to this paragraph to which such 
provider is not entitled, the Commission shall 
require such provider to repay such funds. 
(2) DELAY OF IMPLEMENTATION SCHEDULE.— 
The Commission shall— 
(A) delay by one year the implementation 
of sections 54.604 and 54.605 of title 47, Code 
of Federal Regulations (or any successor regu-
lation), as adopted in the Report and Order in 
the matter of Promoting Telehealth in Rural 
America (FCC 19–78) that was adopted by the 
Commission on August 1, 2019; and 
(B) delay application of the new definition 
of ‘‘similar services’’ as described in paragraphs
1259 
tion 553 of title 5, United States Code, shall not 
apply to a regulation promulgated under subsection 
(a) or a rulemaking to promulgate such a regulation. 
(2) PAPERWORK
REDUCTION
ACT
REQUIRE-
MENTS.—A collection of information conducted or 
sponsored under the regulations required by sub-
section (a), or under section 254 of the Communica-
tions Act of 1934 (47 U.S.C. 254) in connection 
with universal service support provided under such 
regulations, shall not constitute a collection of infor-
mation for the purposes of subchapter I of chapter 
35 of title 44, United States Code (commonly re-
ferred to as the Paperwork Reduction Act). 
(f) 
EMERGENCY
RURAL
HEALTH
CARE 
CONNECTIVITY FUND.— 
(1) ESTABLISHMENT.—There is established in 
the Treasury of the United States a fund to be 
known as the Emergency Rural Health Care 
Connectivity Fund. 
(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to the Emer-
gency 
Rural 
Health 
Care 
Connectivity 
Fund 
$2,000,000,000 for fiscal year 2020, to remain 
available through fiscal year 2022.
1260 
(3) USE OF FUNDS.—Amounts in the Emer-
gency Rural Health Care Connectivity Fund shall be 
available to the Commission to carry out the Rural 
Health Care Program, as modified by the regula-
tions promulgated under subsection (a). 
(4) RELATIONSHIP
TO
UNIVERSAL
SERVICE 
CONTRIBUTIONS.—Support provided under the regu-
lations required by paragraphs (1) through (3) of 
subsection (a) shall be provided from amounts made 
available under paragraph (3) of this subsection and 
not from contributions under section 254(d) of the 
Communications Act of 1934 (47 U.S.C. 254(d)). 
Such support shall be in addition to, and not in re-
placement of, funds authorized by the Commission 
for the Rural Health Care Program as of the date 
of the enactment of this Act from contributions 
under section 254(d) of the Communications Act of 
1934 (47 U.S.C. 254(d)). 
(g) DEFINITIONS.—In this section: 
(1) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Communications Commission. 
(2) ELIGIBLE EQUIPMENT.—The term ‘‘eligible 
equipment’’ means the equipment described in sec-
tion 54.613 of title 47, Code of Federal Regulations 
(or any successor regulation).
1261 
(3) ELIGIBLE SERVICE PROVIDER.—The term 
‘‘eligible service provider’’ means a provider de-
scribed in section 54.608 of title 47, Code of Federal 
Regulations (or any successor regulation). 
(4) FUNDING YEAR.—The term ‘‘funding year’’ 
has the meaning given such term in section 
54.600(a) of title 47, Code of Federal Regulations 
(or any successor regulation). 
(5) HEALTH
CARE
PROVIDER.—The term 
‘‘health care provider’’ has the meaning given such 
term in section 54.600(b) of title 47, Code of Fed-
eral Regulations (or any successor regulation). 
(6) HEALTHCARE CONNECT FUND PROGRAM.— 
The term ‘‘Healthcare Connect Fund Program’’ has 
the meaning given such term in section 54.602(b) of 
title 47, Code of Federal Regulations (or any suc-
cessor regulation). 
(7) MULTI-YEAR
COMMITMENTS.—The term 
‘‘multi-year commitments’’ means the commitments 
described in section 54.620(c) of title 47, Code of 
Federal Regulations (or any successor regulation). 
(8) RURAL AREA.—The term ‘‘rural area’’ has 
the meaning given such term in section 54.600(e) of 
title 47, Code of Federal Regulations (or any suc-
cessor regulation).
1262 
(9) RURAL
HEALTH
CARE
PROGRAM.—The 
term ‘‘Rural Health Care Program’’ means the pro-
gram described in subpart G of part 54 of title 47, 
Code of Federal Regulations (or any successor regu-
lation). 
(10) RURAL
HEALTH
CARE
PROVIDER.—The 
term ‘‘rural health care provider’’ has the meaning 
given such term in section 54.600(f) of title 47, 
Code of Federal Regulations (or any successor regu-
lation). 
(11) TELECOMMUNICATIONS
PROGRAM.—The 
term ‘‘Telecommunications Program’’ has the mean-
ing given such term in section 54.602(a) of title 47, 
Code of Federal Regulations (or any successor regu-
lation). 
(12) UPFRONT PAYMENTS.—The term ‘‘upfront 
payments’’ means the payments described in section 
54.616 of title 47, Code of Federal Regulations (or 
any successor regulation). 
DIVISION 
N—GIVING 
RETIRE-
MENT OPTIONS TO WORKERS 
ACT 
SEC. 140001. SHORT TITLE. 
This division may be cited as the ‘‘Giving Retirement 
Options to Workers Act of 2020’’ or the ‘‘GROW Act’’.
1263 
SEC. 140002. COMPOSITE PLANS. 
(a) AMENDMENT TO THE EMPLOYEE RETIREMENT 
INCOME SECURITY ACT OF 1974.— 
(1) IN GENERAL.—Title I of the Employee Re-
tirement Income Security Act of 1974 (29 U.S.C. 
1001 et seq.) is amended by adding at the end the 
following: 
‘‘PART 8—COMPOSITE PLANS AND LEGACY 
PLANS 
‘‘SEC. 801. COMPOSITE PLAN DEFINED. 
‘‘(a) IN GENERAL.—For purposes of this Act, the 
term ‘composite plan’ means a pension plan— 
‘‘(1) which is a multiemployer plan that is nei-
ther a defined benefit plan nor a defined contribu-
tion plan; 
‘‘(2) the terms of which provide that the plan 
is a composite plan for purposes of this title with re-
spect to which not more than one multiemployer de-
fined benefit plan is treated as a legacy plan within 
the meaning of section 805, unless there is more 
than one legacy plan following a merger of composite 
plans under section 806; 
‘‘(3) which provides systematically for the pay-
ment of benefits— 
‘‘(A) objectively calculated pursuant to a 
formula enumerated in the plan document with
1264 
respect to plan participants after retirement, 
for life; and 
‘‘(B) in the form of life annuities, except 
for benefits which under section 203(e) may be 
immediately distributed without the consent of 
the participant; 
‘‘(4) for which the plan contributions for the 
first plan year are at least 120 percent of the nor-
mal cost for the plan year; 
‘‘(5) which requires— 
‘‘(A) an annual valuation of the liability of 
the plan as of a date within the plan year to 
which the valuation refers or within one month 
prior to the beginning of such year; 
‘‘(B) an annual actuarial determination of 
the plan’s current funded ratio and projected 
funded ratio under section 802(a); 
‘‘(C) corrective action through a realign-
ment program pursuant to section 803 when-
ever the plan’s projected funded ratio is below 
120 percent for the plan year; and 
‘‘(D) an annual notification to each partici-
pant describing the participant’s benefits under 
the plan and explaining that such benefits may 
be subject to reduction under a realignment
1266 
‘‘(A) apply with respect to all collective 
bargaining agreements providing for contribu-
tions to the multiemployer plan on or after the 
effective date of the amendment; 
‘‘(B) apply with respect to all participants 
in the multiemployer plan for whom contribu-
tions are made to the multiemployer plan on or 
after the effective date of the amendment; 
‘‘(C) specify that the effective date of the 
amendment is— 
‘‘(i) the first day of a specified plan 
year following the date of the adoption of 
the amendment, except that the plan spon-
sor may alternatively provide for a sepa-
rate effective date with respect to each col-
lective bargaining agreement under which 
contributions to the multiemployer plan 
are required, which shall occur on the first 
day of the first plan year beginning after 
the termination, or if earlier, the re-open-
ing, of each such agreement, or such ear-
lier date as the parties to the agreement 
and the plan sponsor of the multiemployer 
plan shall agree to; and
1267 
‘‘(ii) not later than the first day of the 
fifth plan year beginning on or after the 
date of the adoption of the amendment; 
‘‘(D) specify that, as of the amendment’s 
effective date, no further benefits shall accrue 
under the defined benefit component of the 
multiemployer plan; and 
‘‘(E) specify that, as of the amendment’s 
effective date, the plan sponsor of the multiem-
ployer plan shall be the plan sponsor of both 
the composite plan component and the defined 
benefit plan component of the plan. 
‘‘(3) SPECIAL RULES.—If a multiemployer plan 
is amended pursuant to paragraph (1)— 
‘‘(A) the requirements of this title and title 
IV shall be applied to the composite plan com-
ponent and the defined benefit plan component 
of the multiemployer plan as if each such com-
ponent were maintained as a separate plan; and 
‘‘(B) the assets of the composite plan com-
ponent and the defined benefit plan component 
of the plan shall be held in a single trust form-
ing part of the plan under which the trust in-
strument expressly provides—
1268 
‘‘(i) for separate accounts (and appro-
priate records) to be maintained to reflect 
the interest which each of the plan compo-
nents has in the trust, including separate 
accounting for additions to the trust for 
the benefit of each plan component, dis-
bursements made from each plan compo-
nent’s account in the trust, investment ex-
perience of the trust allocable to that ac-
count, and administrative expenses (wheth-
er direct expenses or shared expenses allo-
cated proportionally), and permits, but 
does not require, the pooling of some or all 
of the assets of the two plan components 
for investment purposes; and 
‘‘(ii) that the assets of each of the two 
plan components shall be held, invested, 
reinvested, managed, administered and dis-
tributed for the exclusive benefit of the 
participants and beneficiaries of each such 
plan component, and in no event shall the 
assets of one of the plan components be 
available to pay benefits due under the 
other plan component.
1269 
‘‘(4) NOT
A
TERMINATION
EVENT.—Notwith-
standing section 4041A, an amendment pursuant to 
paragraph (1) to incorporate the features of a com-
posite plan as a component of a multiemployer plan 
does not constitute termination of the multiemployer 
plan. 
‘‘(5) NOTICE TO THE SECRETARY.— 
‘‘(A) NOTICE.—The plan sponsor of a 
composite plan shall provide notice to the Sec-
retary of the intent to establish the composite 
plan (or, in the case of a composite plan incor-
porated as a component of a multiemployer 
plan as described in paragraph (1), the intent 
to amend the multiemployer plan to incorporate 
such composite plan) at least 30 days prior to 
the effective date of such establishment or 
amendment. 
‘‘(B) CERTIFICATION.—In the case of a 
composite plan incorporated as a component of 
a multiemployer plan as described in paragraph 
(1), such notice shall include a certification by 
the plan actuary under section 305(b)(3) that 
the effective date of the amendment occurs in 
a plan year for which the multiemployer plan is
1270 
not in critical status for that plan year and any 
of the succeeding 5 plan years. 
‘‘(6) REFERENCES TO COMPOSITE PLAN COM-
PONENT.—As used in this part, the term ‘composite 
plan’ includes a composite plan component added to 
a defined benefit plan pursuant to paragraph (1). 
‘‘(7) RULE
OF
CONSTRUCTION.—Paragraph 
(2)(A) shall not be construed as preventing the plan 
sponsor of a multiemployer plan from adopting an 
amendment pursuant to paragraph (1) because some 
collective bargaining agreements are amended to 
cease any covered employer’s obligation to contribute 
to the multiemployer plan before or after the plan 
amendment is effective. Paragraph (2)(B) shall not 
be construed as preventing the plan sponsor of a 
multiemployer plan from adopting an amendment 
pursuant to paragraph (1) because some partici-
pants cease to have contributions made to the multi-
employer plan on their behalf before or after the 
plan amendment is effective. 
‘‘(c) COORDINATION WITH FUNDING RULES.—Ex-
cept as otherwise provided in this title, sections 302, 304, 
and 305 shall not apply to a composite plan. 
‘‘(d) TREATMENT OF A COMPOSITE PLAN.—For pur-
poses of this Act (other than sections 302 and 4245), a
1271 
composite plan shall be treated as if it were a defined ben-
efit plan unless a different treatment is provided for under 
applicable law. 
‘‘SEC. 802. FUNDED RATIOS; ACTUARIAL ASSUMPTIONS. 
‘‘(a) CERTIFICATION OF FUNDED RATIOS.— 
‘‘(1) IN
GENERAL.—Not later than the one- 
hundred twentieth day of each plan year of a com-
posite plan, the plan actuary of the composite plan 
shall certify to the Secretary, the Secretary of the 
Treasury, and the plan sponsor the plan’s current 
funded ratio and projected funded ratio for the plan 
year. 
‘‘(2) DETERMINATION
OF
CURRENT
FUNDED 
RATIO AND PROJECTED FUNDED RATIO.—For pur-
poses of this section: 
‘‘(A) CURRENT FUNDED RATIO.—The cur-
rent funded ratio is the ratio (expressed as a 
percentage) of— 
‘‘(i) the value of the plan’s assets as 
of the first day of the plan year; to 
‘‘(ii) the plan actuary’s best estimate 
of the present value of the plan liabilities 
as of the first day of the plan year. 
‘‘(B) PROJECTED
FUNDED
RATIO.—The 
projected funded ratio is the current funded
1272 
ratio projected to the first day of the fifteenth 
plan year following the plan year for which the 
determination is being made. 
‘‘(3) CONSIDERATION OF CONTRIBUTION RATE 
INCREASES.—For purposes of projections under this 
subsection, the plan sponsor may anticipate con-
tribution rate increases beyond the term of the cur-
rent collective bargaining agreement and any agreed- 
to supplements, up to a maximum of 2.5 percent per 
year, compounded annually, unless it would be un-
reasonable under the circumstances to assume that 
contributions would increase by that amount. 
‘‘(b) ACTUARIAL ASSUMPTIONS
AND METHODS.— 
For purposes of this part: 
‘‘(1) IN GENERAL.—All costs, liabilities, rates 
of interest and other factors under the plan shall be 
determined for a plan year on the basis of actuarial 
assumptions and methods— 
‘‘(A) each of which is reasonable (taking 
into account the experience of the plan and rea-
sonable expectations); 
‘‘(B) which, in combination, offer the actu-
ary’s best estimate of anticipated experience 
under the plan; and
1273 
‘‘(C) with respect to which any change 
from the actuarial assumptions and methods 
used in the previous plan year shall be certified 
by the plan actuary and the actuarial rationale 
for such change provided in the annual report 
required by section 103. 
‘‘(2) FAIR MARKET VALUE OF ASSETS.—The 
value of the plan’s assets shall be taken into account 
on the basis of their fair market value. 
‘‘(3) DETERMINATION OF NORMAL COST AND 
PLAN LIABILITIES.—A plan’s normal cost and liabil-
ities shall be based on the most recent actuarial 
valuation required under section 801(a)(5)(A) and 
the unit credit funding method. 
‘‘(4) TIME
WHEN
CERTAIN
CONTRIBUTIONS 
DEEMED MADE.—Any contributions for a plan year 
made by an employer after the last day of such plan 
year, but not later than two and one-half months 
after such day, shall be deemed to have been made 
on such last day. For purposes of this paragraph, 
such two and one-half month period may be ex-
tended for not more than six months under regula-
tions prescribed by the Secretary of the Treasury. 
‘‘(5) ADDITIONAL ACTUARIAL ASSUMPTIONS.— 
Except where otherwise provided in this part, the
1274 
provisions of section 305(b)(3)(B) shall apply to any 
determination or projection under this part. 
‘‘SEC. 803. REALIGNMENT PROGRAM. 
‘‘(a) REALIGNMENT PROGRAM.— 
‘‘(1) ADOPTION.—In any case in which the plan 
actuary certifies under section 802(a) that the plan’s 
projected funded ratio is below 120 percent for the 
plan year, the plan sponsor shall adopt a realign-
ment program under paragraph (2) not later than 
210 days after the due date of the certification re-
quired under such section 802(a). The plan sponsor 
shall adopt an updated realignment program for 
each succeeding plan year for which a certification 
described in the preceding sentence is made. 
‘‘(2) CONTENT OF REALIGNMENT PROGRAM.— 
‘‘(A) IN
GENERAL.—A realignment pro-
gram adopted under this paragraph is a written 
program which consists of all reasonable meas-
ures, including options or a range of options to 
be undertaken by the plan sponsor or proposed 
to the bargaining parties, formulated, based on 
reasonably anticipated experience and reason-
able actuarial assumptions, to enable the plan 
to achieve a projected funded ratio of at least 
120 percent for the following plan year.
1275 
‘‘(B) INITIAL PROGRAM ELEMENTS.—Rea-
sonable measures under a realignment program 
described in subparagraph (A) may include any 
of the following: 
‘‘(i) Proposed contribution increases. 
‘‘(ii) A reduction in the rate of future 
benefit accruals, so long as the resulting 
rate is not less than 1 percent of the con-
tributions on which benefits are based as 
of the start of the plan year (or the equiva-
lent standard accrual rate as described in 
section 305(e)(6)). 
‘‘(iii) A modification or elimination of 
adjustable benefits of participants that are 
not in pay status before the date of the no-
tice required under subsection (b)(1). 
‘‘(iv) Any other lawfully available 
measures not specifically described in this 
subparagraph or subparagraph (C) or (D) 
that the plan sponsor determines are rea-
sonable. 
‘‘(C) ADDITIONAL PROGRAM ELEMENTS.— 
If the plan sponsor has determined that all rea-
sonable measures available under subparagraph 
(B) will not enable the plan to achieve a pro-
1276 
jected funded ratio of at least 120 percent for 
the following plan year, such reasonable meas-
ures may also include— 
‘‘(i) a reduction of accrued benefits 
that are not in pay status by the date of 
the 
notice 
required 
under 
subsection 
(b)(1); or 
‘‘(ii) a reduction of any benefits of 
participants that are in pay status before 
the date of the notice required under sub-
section (b)(1) other than core benefits as 
defined in paragraph (4). 
‘‘(D) ADDITIONAL
REDUCTIONS.—In the 
case of a composite plan for which the plan 
sponsor has determined that all reasonable 
measures available under subparagraphs (B) 
and (C) will not enable the plan to achieve a 
projected funded ratio of at least 120 percent 
for the following plan year, such reasonable 
measures may also include— 
‘‘(i) a further reduction in the rate of 
future benefit accruals without regard to 
the limitation applicable under subpara-
graph (B)(ii); or 
‘‘(ii) a reduction of core benefits;
1277 
provided that such reductions shall be equitably 
distributed across the participant and bene-
ficiary population, taking into account factors, 
with respect to participants and beneficiaries 
and their benefits, that may include one or 
more of the factors listed in subclauses (I) 
through (X) of section 305(e)(9)(D)(vi), to the 
extent necessary to enable the plan to achieve 
a projected funded ratio of at least 120 percent 
for the following plan year, or at the election of 
the plan sponsor, a projected funded ratio of at 
least 100 percent for the following plan year 
and a current funded ratio of at least 90 per-
cent. 
‘‘(3) ADJUSTABLE
BENEFIT
DEFINED.—For 
purposes of this part, the term ‘adjustable benefit’ 
means— 
‘‘(A) benefits, rights, and features under 
the plan, including post-retirement death bene-
fits, 60-month guarantees, disability benefits 
not yet in pay status, and similar benefits; 
‘‘(B) any early retirement benefit or retire-
ment-type subsidy (within the meaning of sec-
tion 204(g)(2)(A)) and any benefit payment op-
1278 
tion (other than the qualified joint and survivor 
annuity); and 
‘‘(C) benefit increases that were adopted 
(or, if later, took effect) less than 60 months 
before the first day such realignment program 
took effect. 
‘‘(4) CORE BENEFIT DEFINED.—For purposes 
of this part, the term ‘core benefit’ means a partici-
pant’s accrued benefit payable in the normal form of 
an annuity commencing at normal retirement age, 
determined without regard to— 
‘‘(A) any early retirement benefits, retire-
ment-type subsidies, or other benefits, rights, or 
features that may be associated with that ben-
efit; and 
‘‘(B) any cost-of-living adjustments or ben-
efit increases effective after the date of retire-
ment. 
‘‘(5) COORDINATION WITH CONTRIBUTION IN-
CREASES.— 
‘‘(A) IN
GENERAL.—A realignment pro-
gram may provide that some or all of the ben-
efit modifications described in the program will 
only take effect if the bargaining parties fail to
1279 
agree to specified levels of increases in contribu-
tions to the plan, effective as of specified dates. 
‘‘(B) INDEPENDENT
BENEFIT
MODIFICA-
TIONS.—If a realignment program adopts any 
changes to the benefit formula that are inde-
pendent of potential contribution increases, 
such changes shall take effect not later than 
180 days after the first day of the first plan 
year that begins following the adoption of the 
realignment program. 
‘‘(C) CONDITIONAL
BENEFIT
MODIFICA-
TIONS.—If a realignment program adopts any 
changes to the benefit formula that take effect 
only if the bargaining parties fail to agree to 
contribution increases, such changes shall take 
effect not later than the first day of the first 
plan year beginning after the third anniversary 
of the date of adoption of the realignment pro-
gram. 
‘‘(D) REVOCATION OF CERTAIN BENEFIT 
MODIFICATIONS.—Benefit 
modifications 
de-
scribed in subparagraph (C) may be revoked, in 
whole or in part, and retroactively or prospec-
tively, when contributions to the plan are in-
creased, as specified in the realignment pro-
1280 
gram, including any amendments thereto. The 
preceding sentence shall not apply unless the 
contribution increases are to be effective not 
later than the fifth anniversary of the first day 
of the first plan year that begins after the 
adoption of the realignment program. 
‘‘(b) NOTICE.— 
‘‘(1) IN GENERAL.—In any case in which it is 
certified under section 802(a) that the projected 
funded ratio is less than 120 percent, the plan spon-
sor shall, not later than 30 days after the date of 
the certification, provide notification of the current 
and projected funded ratios to the participants and 
beneficiaries, the bargaining parties, and the Sec-
retary. Such notice shall include— 
‘‘(A) an explanation that contribution rate 
increases or benefit reductions may be nec-
essary; 
‘‘(B) a description of the types of benefits 
that might be reduced; and 
‘‘(C) an estimate of the contribution in-
creases and benefit reductions that may be nec-
essary to achieve a projected funded ratio of 
120 percent. 
‘‘(2) NOTICE OF BENEFIT MODIFICATIONS.—
1281 
‘‘(A) IN GENERAL.—No modifications may 
be made that reduce the rate of future benefit 
accrual or that reduce core benefits or adjust-
able benefits unless notice of such reduction has 
been given at least 180 days before the general 
effective date of such reduction for all partici-
pants and beneficiaries to— 
‘‘(i) plan participants and bene-
ficiaries; 
‘‘(ii) each employer who has an obliga-
tion to contribute to the composite plan; 
and 
‘‘(iii) 
each 
employee 
organization 
which, for purposes of collective bar-
gaining, represents plan participants em-
ployed by such employers. 
‘‘(B) CONTENT
OF
NOTICE.—The notice 
under subparagraph (A) shall contain— 
‘‘(i) sufficient information to enable 
participants and beneficiaries to under-
stand the effect of any reduction on their 
benefits, including an illustration of any 
affected benefit or subsidy, on an annual 
or monthly basis that a participant or ben-
eficiary would otherwise have been eligible
1282 
for as of the general effective date de-
scribed in subparagraph (A); and 
‘‘(ii) information as to the rights and 
remedies of plan participants and bene-
ficiaries as well as how to contact the De-
partment of Labor for further information 
and assistance, where appropriate. 
‘‘(C) FORM
AND
MANNER.—Any notice 
under subparagraph (A)— 
‘‘(i) shall be provided in a form and 
manner prescribed in regulations of the 
Secretary of Labor; 
‘‘(ii) shall be written in a manner so 
as to be understood by the average plan 
participant. 
‘‘(3) MODEL NOTICES.—The Secretary shall— 
‘‘(A) prescribe model notices that the plan 
sponsor of a composite plan may use to satisfy 
the notice requirements under this subsection; 
and 
‘‘(B) by regulation enumerate any details 
related to the elements listed in paragraph (1) 
that any notice under this subsection must in-
clude.
1284 
plan’s liabilities for the plan year by not more than 
3 percent; and 
‘‘(4) expected contributions for the current plan 
year are at least 120 percent of normal cost for the 
plan year, determined using the unit credit funding 
method and treating the benefit increase or new ben-
efits as in effect for the entire plan year. 
‘‘(b) ADDITIONAL REQUIREMENTS WHERE CORE 
BENEFITS REDUCED.—If a plan has been amended to re-
duce core benefits pursuant to a realignment program 
under section 803(a)(2)(D), such plan may not be subse-
quently amended to increase core benefits unless the 
amendment— 
‘‘(1) increases the level of future benefit pay-
ments only; and 
‘‘(2) provides for an equitable distribution of 
benefit increases across the participant and bene-
ficiary population, taking into account the extent to 
which the benefits of participants were previously re-
duced pursuant to such realignment program. 
‘‘(c) EXCEPTION TO COMPLY WITH APPLICABLE 
LAW.—Subsection (a) shall not apply in connection with 
a plan amendment if the amendment is required as a con-
dition of qualification under part I of subchapter D of
1285 
chapter 1 of the Internal Revenue Code of 1986 or to com-
ply with other applicable law. 
‘‘(d) EXCEPTION WHERE MAXIMUM DEDUCTIBLE 
LIMIT APPLIES.—Subsection (a) shall not apply in con-
nection with a plan amendment if and to the extent that 
contributions to the composite plan would not be deduct-
ible for the plan year under section 404(a)(1)(E) of the 
Internal Revenue Code of 1986 if the plan amendment is 
not adopted. 
‘‘(e) EXCEPTION FOR CERTAIN BENEFIT MODIFICA-
TIONS.—Subsection (a) shall not apply in connection with 
a plan amendment under section 803(a)(5)(C), regarding 
conditional benefit modifications. 
‘‘(f) TREATMENT OF PLAN AMENDMENTS.—For pur-
poses of this section— 
‘‘(1) if two or more plan amendments increas-
ing benefits or establishing new benefits are adopted 
in a plan year, such amendments shall be treated as 
a single amendment adopted on the last day of the 
plan year; 
‘‘(2) all benefit increases and new benefits 
adopted in a single amendment are treated as a sin-
gle benefit increase, irrespective of whether the in-
creases and new benefits take effect in more than 
one plan year; and
1286 
‘‘(3) increases in contributions or decreases in 
plan liabilities which are scheduled to take effect in 
future plan years may be taken into account in con-
nection with a plan amendment if they have been 
agreed to in writing or otherwise formalized by the 
date the plan amendment is adopted. 
‘‘SEC. 805. COMPOSITE PLAN RESTRICTIONS TO PRESERVE 
LEGACY PLAN FUNDING. 
‘‘(a) TREATMENT AS A LEGACY PLAN.— 
‘‘(1) IN GENERAL.—For purposes of this part 
and parts 2 and 3, a defined benefit plan shall be 
treated as a legacy plan with respect to the com-
posite plan under which the employees who were eli-
gible to accrue a benefit under the defined benefit 
plan become eligible to accrue a benefit under such 
composite plan. 
‘‘(2) COMPONENT
PLANS.—In any case in 
which a defined benefit plan is amended to add a 
composite plan component pursuant to section 
801(b), paragraph (1) shall be applied by sub-
stituting ‘defined benefit component’ for ‘defined 
benefit plan’ and ‘composite plan component’ for 
‘composite plan’. 
‘‘(3) ELIGIBLE TO ACCRUE A BENEFIT.—For 
purposes of paragraph (1), an employee is consid-
1287 
ered eligible to accrue a benefit under a composite 
plan as of the first day in which the employee com-
pletes an hour of service under a collective bar-
gaining agreement that provides for contributions to 
and accruals under the composite plan in lieu of ac-
cruals under the legacy plan. 
‘‘(4) COLLECTIVE BARGAINING AGREEMENT.— 
As used in this part, the term ‘collective bargaining 
agreement’ includes any agreement under which an 
employer has an obligation to contribute to a plan. 
‘‘(5) OTHER TERMS.—Any term used in this 
part which is not defined in this part and which is 
also used in section 305 shall have the same mean-
ing provided such term in such section. 
‘‘(b) RESTRICTIONS ON ACCEPTANCE BY COMPOSITE 
PLAN OF AGREEMENTS AND CONTRIBUTIONS.— 
‘‘(1) IN GENERAL.—The plan sponsor of a com-
posite plan shall not accept or recognize a collective 
bargaining agreement (or any modification to such 
agreement), and no contributions may be accepted 
and no benefits may be accrued or otherwise earned 
under the agreement— 
‘‘(A) in any case in which the plan actuary 
of any defined benefit plan that would be treat-
ed as a legacy plan with respect to such com-
1288 
posite 
plan 
has 
certified 
under 
section 
305(b)(3) that such defined benefit plan is or 
will be in critical status for the plan year in 
which such agreement would take effect or for 
any of the succeeding 5 plan years; and 
‘‘(B) unless the agreement requires each 
employer who is a party to such agreement, in-
cluding employers whose employees are not par-
ticipants in the legacy plan, to provide contribu-
tions to the legacy plan with respect to such 
composite plan in a manner that satisfies the 
transition contribution requirements of sub-
section (d). 
‘‘(2) NOTICE.—Not later than 30 days after a 
determination by a plan sponsor of a composite plan 
that an agreement fails to satisfy the requirements 
described in paragraph (1), the plan sponsor shall 
provide notification of such failure and the reasons 
for such determination— 
‘‘(A) to the parties to the agreement; 
‘‘(B) to active participants of the com-
posite plan who have ceased to accrue or other-
wise earn benefits with respect to service with 
an employer pursuant to paragraph (1); and
1289 
‘‘(C) to the Secretary, the Secretary of the 
Treasury, and the Pension Benefit Guaranty 
Corporation. 
‘‘(3) LIMITATION ON RETROACTIVE EFFECT.— 
This subsection shall not apply to benefits accrued 
before the date on which notice is provided under 
paragraph (2). 
‘‘(c) RESTRICTION
ON
ACCRUAL
OF
BENEFITS 
UNDER A COMPOSITE PLAN.— 
‘‘(1) IN GENERAL.—In any case in which an 
employer, under a collective bargaining agreement 
entered into after the date of enactment of the Giv-
ing Retirement Options to Workers Act of 2020, 
ceases to have an obligation to contribute to a multi-
employer defined benefit plan, no employees em-
ployed by the employer may accrue or otherwise earn 
benefits under any composite plan, with respect to 
service with that employer, for a 60-month period 
beginning on the date on which the employer entered 
into such collective bargaining agreement. 
‘‘(2) NOTICE OF CESSATION OF OBLIGATION.— 
Within 30 days of determining that an employer has 
ceased to have an obligation to contribute to a leg-
acy plan with respect to employees employed by an 
employer that is or will be contributing to a com-
1290 
posite plan with respect to service of such employees, 
the plan sponsor of the legacy plan shall notify the 
plan sponsor of the composite plan of that cessation. 
‘‘(3) NOTICE OF CESSATION OF ACCRUALS.— 
Not later than 30 days after determining that an 
employer has ceased to have an obligation to con-
tribute to a legacy plan, the plan sponsor of the 
composite plan shall notify the bargaining parties, 
the active participants affected by the cessation of 
accruals, the Secretary, the Secretary of the Treas-
ury, and the Pension Benefit Guaranty Corporation 
of the cessation of accruals, the period during which 
such cessation is in effect, and the reasons therefor. 
‘‘(4) LIMITATION ON RETROACTIVE EFFECT.— 
This subsection shall not apply to benefits accrued 
before the date on which notice is provided under 
paragraph (3). 
‘‘(d) TRANSITION CONTRIBUTION REQUIREMENTS.— 
‘‘(1) IN
GENERAL.—A collective bargaining 
agreement satisfies the transition contribution re-
quirements of this subsection if the agreement— 
‘‘(A) authorizes payment of contributions 
to a legacy plan at a rate or rates equal to or 
greater than the transition contribution rate es-
1291 
tablished by the legacy plan under paragraph 
(2); and 
‘‘(B) does not provide for— 
‘‘(i) a suspension of contributions to 
the legacy plan with respect to any period 
of service; or 
‘‘(ii) any new direct or indirect exclu-
sion of younger or newly hired employees 
of the employer from being taken into ac-
count in determining contributions owed to 
the legacy plan. 
‘‘(2) TRANSITION CONTRIBUTION RATE.— 
‘‘(A) IN
GENERAL.—The transition con-
tribution rate for a plan year is the contribution 
rate that, as certified by the actuary of the leg-
acy plan in accordance with the principles in 
section 305(b)(3)(B), is reasonably expected to 
be adequate— 
‘‘(i) to fund the normal cost for the 
plan year; 
‘‘(ii) to amortize the plan’s unfunded 
liabilities in level annual installments over 
25 years, beginning with the plan year in 
which the transition contribution rate is 
first established; and
1292 
‘‘(iii) to amortize any subsequent 
changes in the legacy plan’s unfunded li-
ability due to experience gains or losses 
(including investment gains or losses, gains 
or losses due to contributions greater or 
less than the contributions made under the 
prior transition contribution rate, and 
other actuarial gains or losses), changes in 
actuarial assumptions, changes to the leg-
acy plan’s benefits, or changes in funding 
method over a period of 15 plan years be-
ginning with the plan year in which such 
change in unfunded liability is incurred. 
The transition contribution rate for any plan 
year may not be less than the transition con-
tribution rate for the plan year in which such 
rate is first established. 
‘‘(B) MULTIPLE RATES.—If different rates 
of contribution are payable to the legacy plan 
by different employers or for different classes of 
employees, the certification shall specify a tran-
sition contribution rate for each such employer. 
‘‘(C) RATE APPLICABLE TO EMPLOYER.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided by clause (ii), the transition con-
1293 
tribution rate applicable to an employer for 
a plan year is the rate in effect for the 
plan year of the legacy plan that com-
mences on or after 180 days before the 
earlier of— 
‘‘(I) the effective date of the col-
lective bargaining agreement pursuant 
to which the employer contributes to 
the legacy plan; or 
‘‘(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 
contribution 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 
legacy plan has certified under section 305 that 
the plan is in endangered or critical status for
1294 
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 305, 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. 
‘‘(E) OTHER
ACTUARIAL
ASSUMPTIONS 
AND
METHODS.—Except as provided in sub-
paragraph (A), the determination of the transi-
tion contribution rate for a plan year shall be 
based on actuarial assumptions and methods 
consistent with the minimum funding deter-
minations made under section 304 (or, if appli-
cable, section 305) 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 contribu-
1295 
tion income for the plan year beginning on or 
after the date of certification that is not less 
than would be produced by the transition con-
tribution rates in effect at the time of the cer-
tification. 
‘‘(G) NOTICE OF TRANSITION CONTRIBU-
TION RATE.—The plan sponsor of a legacy plan 
shall provide notice to the parties to collective 
bargaining agreements pursuant to which con-
tributions are made to the legacy plan of 
changes to the transition contribution rate re-
quirements at least 30 days before the begin-
ning of the plan year for which the rate is effec-
tive. 
‘‘(H) NOTICE TO COMPOSITE PLAN SPON-
SOR.—Not later than 30 days after a deter-
mination 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 employers that are parties to the collective 
bargaining agreement, the plan sponsor of the 
legacy plan shall notify the plan sponsor of any 
composite plan under which employees of such
1296 
employer would otherwise be eligible to accrue 
a benefit. 
‘‘(3) CORRECTION PROCEDURES.—Pursuant to 
standards prescribed by the Secretary, the plan 
sponsor of a composite plan shall adopt rules and 
procedures that give the parties to the collective bar-
gaining agreement notice of the failure of such 
agreement to satisfy the transition contribution re-
quirements of this subsection, and a reasonable op-
portunity to correct such failure, not to exceed 180 
days from the date of notice given under subsection 
(b)(2). 
‘‘(4) SUPPLEMENTAL CONTRIBUTIONS.—A col-
lective bargaining agreement may provide for supple-
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 RE-
STRICTIONS.— 
‘‘(1) IN
GENERAL.—The provisions of sub-
sections (a), (b), and (c) shall not apply with respect 
to a collective bargaining agreement, to the extent 
the agreement, or a predecessor agreement, provides
1297 
or provided 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 preceding 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 Pen-
sion Benefit Guaranty Corporation under sections 
4219(c)(1)(D) and 4281 for multiemployer plans 
terminating by mass withdrawal, as in effect for the 
date of the determination, except the plan’s reason-
able assumption regarding the starting date of bene-
fits 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 305(b)(3) and section 802(b).
1298 
‘‘SEC. 806. 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, 
another plan if— 
‘‘(1) the other plan is a composite plan; 
‘‘(2) the plan or plans resulting from the merg-
er or transfer is a composite plan; 
‘‘(3) no participant’s accrued benefit or adjust-
able benefit is lower immediately after the trans-
action than it was immediately before the trans-
action; 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 al-
locable 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.
1299 
‘‘(2) MULTIPLE
LEGACY
PLANS.—If an em-
ployer is obligated to contribute to more than one 
legacy plan with respect to employees eligible to ac-
crue benefits under more than one composite plan 
and there is a merger or transfer of such legacy 
plans, the transition contribution rate applicable to 
the legacy plan resulting from the merger or trans-
fer with respect to that employer shall be determined 
in accordance with the provisions of section 
805(d)(2)(B).’’. 
(2) PENALTIES.— 
(A) CIVIL ENFORCEMENT OF FAILURE TO 
COMPLY WITH REALIGNMENT PROGRAM.—Sec-
tion 502(a) of such Act (29 U.S.C. 1132(a)) is 
amended— 
(i) in paragraph (10), by striking ‘‘or’’ 
at the end; 
(ii) in paragraph (11), by striking the 
period at the end and inserting ‘‘; or’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(12) in the case of a composite plan required 
to adopt a realignment program under section 803, 
if the plan sponsor—
1300 
‘‘(A) has not adopted a realignment pro-
gram under that section by the deadline estab-
lished in such section; or 
‘‘(B) fails to update or comply with the 
terms of the realignment program in accordance 
with the requirements of such section, 
by the Secretary, by an employer that has an obliga-
tion to contribute with respect to the composite plan, 
or by an employee organization that represents ac-
tive participants in the composite plan, for an order 
compelling the plan sponsor to adopt a realignment 
program, or to update or comply with the terms of 
the realignment program, in accordance with the re-
quirements of such section and the realignment pro-
gram.’’. 
(B) CIVIL PENALTIES.—Section 502(c) of 
such Act (29 U.S.C. 1132(c)) is amended— 
(i) by moving paragraphs (8), (10), 
and (12) each 2 ems to the left; 
(ii) by redesignating paragraphs (9) 
through (12) as paragraphs (12) through 
(15), respectively; and 
(iii) by inserting after paragraph (8) 
the following:
1301 
‘‘(9) The Secretary may assess against any plan 
sponsor of a composite plan a civil penalty of not 
more than $1,100 per day for each violation by such 
sponsor— 
‘‘(A) of the requirement under section 
802(a) on the plan actuary to certify the plan’s 
current or projected funded ratio by the date 
specified in such subsection; or 
‘‘(B) of the requirement under section 803 
to adopt a realignment program by the deadline 
established in that section and to comply with 
its terms. 
‘‘(10)(A) The Secretary may assess against any 
plan sponsor of a composite plan a civil penalty of 
not more than $100 per day for each violation by 
such sponsor of the requirement under section 
803(b) to provide notice as described in such section, 
except that no penalty may be assessed in any case 
in which the plan sponsor exercised reasonable dili-
gence to meet the requirements of such section 
and— 
‘‘(i) the plan sponsor did not know that the 
violation existed; or 
‘‘(ii) the plan sponsor provided such notice 
during the 30-day period beginning on the first
1302 
date on which the plan sponsor knew, or in ex-
ercising reasonable due diligence should have 
known, that such violation existed. 
‘‘(B) In any case in which the plan sponsor ex-
ercised reasonable diligence to meet the require-
ments of section 803(b)— 
‘‘(i) the total penalty assessed under this 
paragraph against such sponsor for a plan year 
may not exceed $500,000; and 
‘‘(ii) the Secretary may waive part or all of 
such penalty to the extent that the payment of 
such penalty would be excessive or otherwise in-
equitable relative to the violation involved. 
‘‘(11) The Secretary may assess against any 
plan sponsor of a composite plan a civil penalty of 
not more than $100 per day for each violation by 
such sponsor of the notice requirements under sec-
tions 801(b)(5) and 805(b)(2).’’. 
(3) CONFORMING AMENDMENT.—The table of 
contents in section 1 of such Act (29 U.S.C. 1001 
note) is amended by inserting after the item relating 
to section 734 the following: 
‘‘PART 8—COMPOSITE PLANS AND LEGACY PLANS 
‘‘Sec. 801. Composite plan defined. 
‘‘Sec. 802. Funded ratios; actuarial assumptions. 
‘‘Sec. 803. Realignment program. 
‘‘Sec. 804. Limitation on increasing benefits. 
‘‘Sec. 805. Composite plan restrictions to preserve legacy plan funding. 
‘‘Sec. 806. Mergers and asset transfers of composite plans.’’.
1303 
(b) AMENDMENT TO THE INTERNAL REVENUE CODE 
OF 1986.— 
(1) IN GENERAL.—Part III of subchapter D of 
chapter 1 of the Internal Revenue Code of 1986 is 
amended by adding at the end the following: 
‘‘Subpart C—Composite Plans and Legacy Plans 
‘‘Sec. 437. Composite plan defined. 
‘‘Sec. 438. Funded ratios; actuarial assumptions. 
‘‘Sec. 439. Realignment program. 
‘‘Sec. 440. Limitation on increasing benefits. 
‘‘Sec. 440A. Composite plan restrictions to preserve legacy plan funding. 
‘‘Sec. 440B. Mergers and asset transfers of composite plans. 
‘‘SEC. 437. COMPOSITE PLAN DEFINED. 
‘‘(a) IN GENERAL.—For purposes of this title, the 
term ‘composite plan’ means a pension plan— 
‘‘(1) which is a multiemployer plan that is nei-
ther a defined benefit plan nor a defined contribu-
tion plan, 
‘‘(2) the terms of which provide that the plan 
is a composite plan for purposes of this title with re-
spect to which not more than one multiemployer de-
fined benefit plan is treated as a legacy plan within 
the meaning of section 440A, unless there is more 
than one legacy plan following a merger of composite 
plans under section 440B, 
‘‘(3) which provides systematically for the pay-
ment of benefits—
1304 
‘‘(A) objectively calculated pursuant to a 
formula enumerated in the plan document with 
respect to plan participants after retirement, 
for life, and 
‘‘(B) in the form of life annuities, except 
for benefits which under section 411(a)(11) 
may be immediately distributed without the 
consent of the participant, 
‘‘(4) for which the plan contributions for the 
first plan year are at least 120 percent of the nor-
mal cost for the plan year, 
‘‘(5) which requires— 
‘‘(A) an annual valuation of the liability of 
the plan as of a date within the plan year to 
which the valuation refers or within one month 
prior to the beginning of such year, 
‘‘(B) an annual actuarial determination of 
the plan’s current funded ratio and projected 
funded ratio under section 438(a), 
‘‘(C) corrective action through a realign-
ment program pursuant to section 439 when-
ever the plan’s projected funded ratio is below 
120 percent for the plan year, and 
‘‘(D) an annual notification to each partici-
pant describing the participant’s benefits under
1305 
the plan and explaining that such benefits may 
be subject to reduction under a realignment 
program pursuant to section 439 based on the 
plan’s funded status in future plan years, and 
‘‘(6) the board of trustees of which includes at 
least one retiree or beneficiary in pay status during 
each plan year following the first plan year in which 
at least 5 percent of the participants in the plan are 
retirees or beneficiaries in pay status. 
‘‘(b) TRANSITION FROM
A MULTIEMPLOYER DE-
FINED BENEFIT PLAN.— 
‘‘(1) IN GENERAL.—The plan sponsor of a de-
fined benefit plan that is a multiemployer plan may, 
subject to paragraph (2), amend the plan to incor-
porate the features of a composite plan as a compo-
nent of the multiemployer plan separate from the 
defined benefit plan component, except in the case of 
a defined benefit plan for which the plan actuary has 
certified under section 432(b)(3) that the plan is or 
will be in critical status for the plan year in which 
such amendment would become effective or for any 
of the succeeding 5 plan years. 
‘‘(2) REQUIREMENTS.—Any amendment pursu-
ant to paragraph (1) to incorporate the features of
1306 
a composite plan as a component of a multiemployer 
plan shall— 
‘‘(A) apply with respect to all collective 
bargaining agreements providing for contribu-
tions to the multiemployer plan on or after the 
effective date of the amendment, 
‘‘(B) apply with respect to all participants 
in the multiemployer plan for whom contribu-
tions are made to the multiemployer plan on or 
after the effective date of the amendment, 
‘‘(C) specify that the effective date of the 
amendment is— 
‘‘(i) the first day of a specified plan 
year following the date of the adoption of 
the amendment, except that the plan spon-
sor may alternatively provide for a sepa-
rate effective date with respect to each col-
lective bargaining agreement under which 
contributions to the multiemployer plan 
are required, which shall occur on the first 
day of the first plan year beginning after 
the termination, or if earlier, the re-open-
ing, of each such agreement, or such ear-
lier date as the parties to the agreement
1307 
and the plan sponsor of the multiemployer 
plan shall agree to, and 
‘‘(ii) not later than the first day of the 
fifth plan year beginning on or after the 
date of the adoption of the amendment, 
‘‘(D) specify that, as of the amendment’s 
effective date, no further benefits shall accrue 
under the defined benefit component of the 
multiemployer plan, and 
‘‘(E) specify that, as of the amendment’s 
effective date, the plan sponsor of the multiem-
ployer plan shall be the plan sponsor of both 
the composite plan component and the defined 
benefit plan component of the plan. 
‘‘(3) SPECIAL RULES.—If a multiemployer plan 
is amended pursuant to paragraph (1)— 
‘‘(A) the requirements of this title shall be 
applied to the composite plan component and 
the defined benefit plan component of the mul-
tiemployer plan as if each such component were 
maintained as a separate plan, and 
‘‘(B) the assets of the composite plan com-
ponent and the defined benefit plan component 
of the plan shall be held in a single trust form-
1308 
ing part of the plan under which the trust in-
strument expressly provides— 
‘‘(i) for separate accounts (and appro-
priate records) to be maintained to reflect 
the interest which each of the plan compo-
nents has in the trust, including separate 
accounting for additions to the trust for 
the benefit of each plan component, dis-
bursements made from each plan compo-
nent’s account in the trust, investment ex-
perience of the trust allocable to that ac-
count, and administrative expenses (wheth-
er direct expenses or shared expenses allo-
cated proportionally), and permits, but 
does not require, the pooling of some or all 
of the assets of the two plan components 
for investment purposes, and 
‘‘(ii) that the assets of each of the two 
plan components shall be held, invested, 
reinvested, managed, administered and dis-
tributed for the exclusive benefit of the 
participants and beneficiaries of each such 
plan component, and in no event shall the 
assets of one of the plan components be
1309 
available to pay benefits due under the 
other plan component. 
‘‘(4) NOT
A
TERMINATION
EVENT.—Notwith-
standing section 4041A of the Employee Retirement 
Income Security Act of 1974, an amendment pursu-
ant to paragraph (1) to incorporate the features of 
a composite plan as a component of a multiemployer 
plan does not constitute termination of the multiem-
ployer plan. 
‘‘(5) NOTICE TO THE SECRETARY.— 
‘‘(A) NOTICE.—The plan sponsor of a 
composite plan shall provide notice to the Sec-
retary of the intent to establish the composite 
plan (or, in the case of a composite plan incor-
porated as a component of a multiemployer 
plan as described in paragraph (1), the intent 
to amend the multiemployer plan to incorporate 
such composite plan) at least 30 days prior to 
the effective date of such establishment or 
amendment. 
‘‘(B) CERTIFICATION.—In the case of a 
composite plan incorporated as a component of 
a multiemployer plan as described in paragraph 
(1), such notice shall include a certification by 
the plan actuary under section 432(b)(3) that
1310 
the effective date of the amendment occurs in 
a plan year for which the multiemployer plan is 
not in critical status for that plan year and any 
of the succeeding 5 plan years. 
‘‘(6) REFERENCES TO COMPOSITE PLAN COM-
PONENT.—As used in this subpart, the term ‘com-
posite plan’ includes a composite plan component 
added to a defined benefit plan pursuant to para-
graph (1). 
‘‘(7) RULE
OF
CONSTRUCTION.—Paragraph 
(2)(A) shall not be construed as preventing the plan 
sponsor of a multiemployer plan from adopting an 
amendment pursuant to paragraph (1) because some 
collective bargaining agreements are amended to 
cease any covered employer’s obligation to contribute 
to the multiemployer plan before or after the plan 
amendment is effective. Paragraph (2)(B) shall not 
be construed as preventing the plan sponsor of a 
multiemployer plan from adopting an amendment 
pursuant to paragraph (1) because some partici-
pants cease to have contributions made to the multi-
employer plan on their behalf before or after the 
plan amendment is effective.
1311 
‘‘(c) COORDINATION WITH FUNDING RULES.—Ex-
cept as otherwise provided in this title, sections 412, 431, 
and 432 shall not apply to a composite plan. 
‘‘(d) TREATMENT OF A COMPOSITE PLAN.—For pur-
poses of this title (other than sections 412 and 418E), 
a composite plan shall be treated as if it were a defined 
benefit plan unless a different treatment is provided for 
under applicable law. 
‘‘SEC. 438. FUNDED RATIOS; ACTUARIAL ASSUMPTIONS. 
‘‘(a) CERTIFICATION OF FUNDED RATIOS.— 
‘‘(1) IN
GENERAL.—Not later than the one- 
hundred twentieth day of each plan year of a com-
posite plan, the plan actuary of the composite plan 
shall certify to the Secretary, the Secretary of 
Labor, and the plan sponsor the plan’s current fund-
ed ratio and projected funded ratio for the plan 
year. 
‘‘(2) DETERMINATION
OF
CURRENT
FUNDED 
RATIO AND PROJECTED FUNDED RATIO.—For pur-
poses of this section— 
‘‘(A) CURRENT FUNDED RATIO.—The cur-
rent funded ratio is the ratio (expressed as a 
percentage) of— 
‘‘(i) the value of the plan’s assets as 
of the first day of the plan year, to
1312 
‘‘(ii) the plan actuary’s best estimate 
of the present value of the plan liabilities 
as of the first day of the plan year. 
‘‘(B) PROJECTED
FUNDED
RATIO.—The 
projected funded ratio is the current funded 
ratio projected to the first day of the fifteenth 
plan year following the plan year for which the 
determination is being made. 
‘‘(3) CONSIDERATION OF CONTRIBUTION RATE 
INCREASES.—For purposes of projections under this 
subsection, the plan sponsor may anticipate con-
tribution rate increases beyond the term of the cur-
rent collective bargaining agreement and any agreed- 
to supplements, up to a maximum of 2.5 percent per 
year, compounded annually, unless it would be un-
reasonable under the circumstances to assume that 
contributions would increase by that amount. 
‘‘(b) ACTUARIAL ASSUMPTIONS
AND METHODS.— 
For purposes of this part— 
‘‘(1) IN GENERAL.—All costs, liabilities, rates 
of interest, and other factors under the plan shall be 
determined for a plan year on the basis of actuarial 
assumptions and methods—
1313 
‘‘(A) each of which is reasonable (taking 
into account the experience of the plan and rea-
sonable expectations), 
‘‘(B) which, in combination, offer the actu-
ary’s best estimate of anticipated experience 
under the plan, and 
‘‘(C) with respect to which any change 
from the actuarial assumptions and methods 
used in the previous plan year shall be certified 
by the plan actuary and the actuarial rationale 
for such change provided in the annual report 
required by section 6058. 
‘‘(2) FAIR MARKET VALUE OF ASSETS.—The 
value of the plan’s assets shall be taken into account 
on the basis of their fair market value. 
‘‘(3) DETERMINATION OF NORMAL COST AND 
PLAN LIABILITIES.—A plan’s normal cost and liabil-
ities shall be based on the most recent actuarial 
valuation required under section 437(a)(5)(A) and 
the unit credit funding method. 
‘‘(4) TIME
WHEN
CERTAIN
CONTRIBUTIONS 
DEEMED MADE.—Any contributions for a plan year 
made by an employer after the last day of such plan 
year, but not later than two and one-half months 
after such day, shall be deemed to have been made
1314 
on such last day. For purposes of this paragraph, 
such two and one-half month period may be ex-
tended for not more than six months under regula-
tions prescribed by the Secretary. 
‘‘(5) ADDITIONAL ACTUARIAL ASSUMPTIONS.— 
Except where otherwise provided in this subpart, the 
provisions of section 432(b)(3)(B) shall apply to any 
determination or projection under this subpart. 
‘‘SEC. 439. REALIGNMENT PROGRAM. 
‘‘(a) REALIGNMENT PROGRAM.— 
‘‘(1) ADOPTION.—In any case in which the plan 
actuary certifies under section 438(a) that the plan’s 
projected funded ratio is below 120 percent for the 
plan year, the plan sponsor shall adopt a realign-
ment program under paragraph (2) not later than 
210 days after the due date of the certification re-
quired under section 438(a). The plan sponsor shall 
adopt an updated realignment program for each suc-
ceeding plan year for which a certification described 
in the preceding sentence is made. 
‘‘(2) CONTENT OF REALIGNMENT PROGRAM.— 
‘‘(A) IN
GENERAL.—A realignment pro-
gram adopted under this paragraph is a written 
program which consists of all reasonable meas-
ures, including options or a range of options to
1315 
be undertaken by the plan sponsor or proposed 
to the bargaining parties, formulated, based on 
reasonably anticipated experience and reason-
able actuarial assumptions, to enable the plan 
to achieve a projected funded ratio of at least 
120 percent for the following plan year. 
‘‘(B) INITIAL PROGRAM ELEMENTS.—Rea-
sonable measures under a realignment program 
described in subparagraph (A) may include any 
of the following: 
‘‘(i) Proposed contribution increases. 
‘‘(ii) A reduction in the rate of future 
benefit accruals, so long as the resulting 
rate shall not be less than 1 percent of the 
contributions on which benefits are based 
as of the start of the plan year (or the 
equivalent standard accrual rate as de-
scribed in section 432(e)(6)). 
‘‘(iii) A modification or elimination of 
adjustable benefits of participants that are 
not in pay status before the date of the no-
tice required under subsection (b)(1). 
‘‘(iv) Any other legally available meas-
ures not specifically described in this sub-
paragraph or subparagraph (C) or (D)
1316 
that the plan sponsor determines are rea-
sonable. 
‘‘(C) ADDITIONAL PROGRAM ELEMENTS.— 
If the plan sponsor has determined that all rea-
sonable measures available under subparagraph 
(B) will not enable the plan to achieve a pro-
jected funded ratio of at least 120 percent the 
following plan year, such reasonable measures 
may also include— 
‘‘(i) a reduction of accrued benefits 
that are not in pay status by the date of 
the 
notice 
required 
under 
subsection 
(b)(1), or 
‘‘(ii) a reduction of any benefits of 
participants that are in pay status before 
the date of the notice required under sub-
section (b)(1) other than core benefits as 
defined in paragraph (4). 
‘‘(D) ADDITIONAL
REDUCTIONS.—In the 
case of a composite plan for which the plan 
sponsor has determined that all reasonable 
measures available under subparagraphs (B) 
and (C) will not enable the plan to achieve a 
projected funded ratio of at least 120 percent
1317 
for the following plan year, such reasonable 
measures may also include— 
‘‘(i) a further reduction in the rate of 
future benefit accruals without regard to 
the limitation applicable under subpara-
graph (B)(ii), or 
‘‘(ii) a reduction of core benefits, 
provided that such reductions shall be equitably 
distributed across the participant and bene-
ficiary population, taking into account factors, 
with respect to participants and beneficiaries 
and their benefits, that may include one or 
more of the factors listed in subclauses (I) 
through (X) of section 432(e)(9)(D)(vi), to the 
extent necessary to enable the plan to achieve 
a projected funded ratio of at least 120 percent 
for the following plan year, or at the election of 
the plan sponsor, a projected funded ratio of at 
least 100 percent for the following plan year 
and a current funded ratio of at least 90 per-
cent. 
‘‘(3) ADJUSTABLE
BENEFIT
DEFINED.—For 
purposes of this subpart, the term ‘adjustable ben-
efit’ means—
1318 
‘‘(A) benefits, rights, and features under 
the plan, including post-retirement death bene-
fits, 60-month guarantees, disability benefits 
not yet in pay status, and similar benefits, 
‘‘(B) any early retirement benefit or retire-
ment-type subsidy (within the meaning of sec-
tion 411(d)(6)(B)(i)) and any benefit payment 
option (other than the qualified joint and sur-
vivor annuity), and 
‘‘(C) benefit increases that were adopted 
(or, if later, took effect) less than 60 months 
before the first day such realignment program 
took effect. 
‘‘(4) CORE BENEFIT DEFINED.—For purposes 
of this subpart, the term ‘core benefit’ means a par-
ticipant’s accrued benefit payable in the normal form 
of an annuity commencing at normal retirement age, 
determined without regard to— 
‘‘(A) any early retirement benefits, retire-
ment-type subsidies, or other benefits, rights, or 
features that may be associated with that ben-
efit, and 
‘‘(B) any cost-of-living adjustments or ben-
efit increases effective after the date of retire-
ment.
1319 
‘‘(5) COORDINATION WITH CONTRIBUTION IN-
CREASES.— 
‘‘(A) IN
GENERAL.—A realignment pro-
gram may provide that some or all of the ben-
efit modifications described in the program will 
only take effect if the bargaining parties fail to 
agree to specified levels of increases in contribu-
tions to the plan, effective as of specified dates. 
‘‘(B) INDEPENDENT
BENEFIT
MODIFICA-
TIONS.—If a realignment program adopts any 
changes to the benefit formula that are inde-
pendent of potential contribution increases, 
such changes shall take effect not later than 
180 days following the first day of the first 
plan year that begins following the adoption of 
the realignment program. 
‘‘(C) CONDITIONAL
BENEFIT
MODIFICA-
TIONS.—If a realignment program adopts any 
changes to the benefit formula that take effect 
only if the bargaining parties fail to agree to 
contribution increases, such changes shall take 
effect not later than the first day of the first 
plan year beginning after the third anniversary 
of the date of adoption of the realignment pro-
gram.
1320 
‘‘(D) REVOCATION OF CERTAIN BENEFIT 
MODIFICATIONS.—Benefit 
modifications 
de-
scribed in paragraph (3) may be revoked, in 
whole or in part, and retroactively or prospec-
tively, when contributions to the plan are in-
creased, as specified in the realignment pro-
gram, including any amendments thereto. The 
preceding sentence shall not apply unless the 
contribution increases are to be effective not 
later than the fifth anniversary of the first day 
of the first plan year that begins after the 
adoption of the realignment program. 
‘‘(b) NOTICE.— 
‘‘(1) IN GENERAL.—In any case in which it is 
certified under section 438(a) that the projected 
funded ratio is less than 120 percent, the plan spon-
sor shall, not later than 30 days after the date of 
the certification, provide notification of the current 
and projected funded ratios to the participants and 
beneficiaries, the bargaining parties, and the Sec-
retary. Such notice shall include— 
‘‘(A) an explanation that contribution rate 
increases or benefit reductions may be nec-
essary,
1321 
‘‘(B) a description of the types of benefits 
that might be reduced, and 
‘‘(C) an estimate of the contribution in-
creases and benefit reductions that may be nec-
essary to achieve a projected funded ratio of 
120 percent. 
‘‘(2) NOTICE OF BENEFIT MODIFICATIONS.— 
‘‘(A) IN GENERAL.—No modifications may 
be made that reduce the rate of future benefit 
accrual or that reduce core benefits or adjust-
able benefits unless notice of such reduction has 
been given at least 180 days before the general 
effective date of such reduction for all partici-
pants and beneficiaries to— 
‘‘(i) plan participants and bene-
ficiaries, 
‘‘(ii) each employer who has an obliga-
tion to contribute to the composite plan, 
and 
‘‘(iii) 
each 
employee 
organization 
which, for purposes of collective bar-
gaining, represents plan participants em-
ployed by such employers. 
‘‘(B) CONTENT
OF
NOTICE.—The notice 
under subparagraph (A) shall contain—
1322 
‘‘(i) sufficient information to enable 
participants and beneficiaries to under-
stand the effect of any reduction on their 
benefits, including an illustration of any 
affected benefit or subsidy, on an annual 
or monthly basis that a participant or ben-
eficiary would otherwise have been eligible 
for as of the general effective date de-
scribed in subparagraph (A), and 
‘‘(ii) information as to the rights and 
remedies of plan participants and bene-
ficiaries as well as how to contact the De-
partment of Labor for further information 
and assistance, where appropriate. 
‘‘(C) FORM
AND
MANNER.—Any notice 
under subparagraph (A)— 
‘‘(i) shall be provided in a form and 
manner prescribed in regulations of the 
Secretary of Labor, 
‘‘(ii) shall be written in a manner so 
as to be understood by the average plan 
participant. 
‘‘(3) MODEL NOTICES.—The Secretary shall— 
‘‘(A) prescribe model notices that the plan 
sponsor of a composite plan may use to satisfy
1323 
the notice requirements under this subsection, 
and 
‘‘(B) by regulation enumerate any details 
related to the elements listed in paragraph (1) 
that any notice under this subsection must in-
clude. 
‘‘(4) DELIVERY
METHOD.—Any notice under 
this part shall be provided in writing and may also 
be provided in electronic form to the extent that the 
form is reasonably accessible to persons to whom the 
notice is provided. 
‘‘SEC. 440. LIMITATION ON INCREASING BENEFITS. 
‘‘(a) LEVEL OF CURRENT FUNDED RATIOS.—Except 
as provided in subsections (c), (d), and (e), no plan 
amendment increasing benefits or establishing new bene-
fits under a composite plan may be adopted for a plan 
year unless— 
‘‘(1) the plan’s current funded ratio is at least 
110 percent (without regard to the benefit increase 
or new benefits), 
‘‘(2) taking the benefit increase or new benefits 
into account, the current funded ratio is at least 100 
percent and the projected funded ratio for the cur-
rent plan year is at least 120 percent,
1325 
which the benefits of participants were previously re-
duced pursuant to such realignment program. 
‘‘(c) EXCEPTION TO COMPLY WITH APPLICABLE 
LAW.—Subsection (a) shall not apply in connection with 
a plan amendment if the amendment is required as a con-
dition of qualification under part I of subchapter D of 
chapter 1 or to comply with other applicable law. 
‘‘(d) EXCEPTION WHERE MAXIMUM DEDUCTIBLE 
LIMIT APPLIES.—Subsection (a) shall not apply in con-
nection with a plan amendment if and to the extent that 
contributions to the composite plan would not be deduct-
ible for the plan year under section 404(a)(1)(E) if the 
plan amendment is not adopted. The Secretary of the 
Treasury shall issue regulations to implement this para-
graph. 
‘‘(e) EXCEPTION FOR CERTAIN BENEFIT MODIFICA-
TIONS.—Subsection (a) shall not apply in connection with 
a plan amendment under section 439(a)(5)(C), regarding 
conditional benefit modifications. 
‘‘(f) TREATMENT OF PLAN AMENDMENTS.—For pur-
poses of this section— 
‘‘(1) if two or more plan amendments increas-
ing benefits or establishing new benefits are adopted 
in a plan year, such amendments shall be treated as
1327 
437(b), paragraph (1) shall be applied by sub-
stituting ‘defined benefit component’ for ‘defined 
benefit plan’ and ‘composite plan component’ for 
‘composite plan’. 
‘‘(3) ELIGIBLE TO ACCRUE A BENEFIT.—For 
purposes of paragraph (1), an employee is consid-
ered eligible to accrue a benefit under a composite 
plan as of the first day in which the employee com-
pletes an hour of service under a collective bar-
gaining agreement that provides for contributions to 
and accruals under the composite plan in lieu of ac-
cruals under the legacy plan. 
‘‘(4) COLLECTIVE BARGAINING AGREEMENT.— 
As used in this subpart, the term ‘collective bar-
gaining agreement’ includes any agreement under 
which an employer has an obligation to contribute to 
a plan. 
‘‘(5) OTHER TERMS.—Any term used in this 
subpart which is not defined in this part and which 
is also used in section 432 shall have the same 
meaning provided such term in such section. 
‘‘(b) RESTRICTIONS ON ACCEPTANCE BY COMPOSITE 
PLAN OF AGREEMENTS AND CONTRIBUTIONS.— 
‘‘(1) IN GENERAL.—The plan sponsor of a com-
posite plan shall not accept or recognize a collective
1328 
bargaining agreement (or any modification to such 
agreement), and no contributions may be accepted 
and no benefits may be accrued or otherwise earned 
under the agreement— 
‘‘(A) in any case in which the plan actuary 
of any defined benefit plan that would be treat-
ed as a legacy plan with respect to such com-
posite 
plan 
has 
certified 
under 
section 
432(b)(3) that such defined benefit plan is or 
will be in critical status for the plan year in 
which such agreement would take effect or for 
any of the succeeding 5 plan years, and 
‘‘(B) unless the agreement requires each 
employer who is a party to such agreement, in-
cluding employers whose employees are not par-
ticipants in the legacy plan, to provide contribu-
tions to the legacy plan with respect to such 
composite plan in a manner that satisfies the 
transition contribution requirements of sub-
section (d). 
‘‘(2) NOTICE.—Not later than 30 days after a 
determination by a plan sponsor of a composite plan 
that an agreement fails to satisfy the requirements 
described in paragraph (1), the plan sponsor shall
1329 
provide notification of such failure and the reasons 
for such determination to— 
‘‘(A) the parties to the agreement, 
‘‘(B) active participants of the composite 
plan who have ceased to accrue or otherwise 
earn benefits with respect to service with an 
employer pursuant to paragraph (1), and 
‘‘(C) the Secretary of Labor, the Secretary 
of the Treasury, and the Pension Benefit Guar-
anty Corporation. 
‘‘(3) LIMITATION ON RETROACTIVE EFFECT.— 
This subsection shall not apply to benefits accrued 
before the date on which notice is provided under 
paragraph (2). 
‘‘(c) RESTRICTION
ON
ACCRUAL
OF
BENEFITS 
UNDER A COMPOSITE PLAN.— 
‘‘(1) IN GENERAL.—In any case in which an 
employer, under a collective bargaining agreement 
entered into after the date of enactment of the Giv-
ing Retirement Options to Workers Act of 2020, 
ceases to have an obligation to contribute to a multi-
employer defined benefit plan, no employees em-
ployed by the employer may accrue or otherwise earn 
benefits under any composite plan, with respect to 
service with that employer, for a 60-month period
1330 
beginning on the date on which the employer entered 
into such collective bargaining agreement. 
‘‘(2) NOTICE OF CESSATION OF OBLIGATION.— 
Within 30 days of determining that an employer has 
ceased to have an obligation to contribute to a leg-
acy plan with respect to employees employed by an 
employer that is or will be contributing to a com-
posite plan with respect to service of such employees, 
the plan sponsor of the legacy plan shall notify the 
plan sponsor of the composite plan of that cessation. 
‘‘(3) NOTICE OF CESSATION OF ACCRUALS.— 
Not later than 30 days after determining that an 
employer has ceased to have an obligation to con-
tribute to a legacy plan, the plan sponsor of the 
composite plan shall notify the bargaining parties, 
the active participants affected by the cessation of 
accruals, the Secretary, the Secretary of Labor, and 
the Pension Benefit Guaranty Corporation of the 
cessation of accruals, the period during which such 
cessation is in effect, and the reasons therefor. 
‘‘(4) LIMITATION ON RETROACTIVE EFFECT.— 
This subsection shall not apply to benefits accrued 
before the date on which notice is provided under 
paragraph (3). 
‘‘(d) TRANSITION CONTRIBUTION REQUIREMENTS.—
1331 
‘‘(1) IN
GENERAL.—A collective bargaining 
agreement satisfies the transition contribution re-
quirements of this subsection if the agreement— 
‘‘(A) authorizes for payment of contribu-
tions to a legacy plan at a rate or rates equal 
to or greater than the transition contribution 
rate established under paragraph (2), and 
‘‘(B) does not provide for— 
‘‘(i) a suspension of contributions to 
the legacy plan with respect to any period 
of service, or 
‘‘(ii) any new direct or indirect exclu-
sion of younger or newly hired employees 
of the employer from being taken into ac-
count in determining contributions owed to 
the legacy plan. 
‘‘(2) TRANSITION CONTRIBUTION RATE.— 
‘‘(A) IN
GENERAL.—The transition con-
tribution rate for a plan year is the contribution 
rate that, as certified by the actuary of the leg-
acy plan in accordance with the principles in 
section 432(b)(3)(B), is reasonably expected to 
be adequate— 
‘‘(i) to fund the normal cost for the 
plan year,
1332 
‘‘(ii) to amortize the plan’s unfunded 
liabilities in level annual installments over 
25 years, beginning with the plan year in 
which the transition contribution rate is 
first established, and 
‘‘(iii) to amortize any subsequent 
changes in the legacy plan’s unfunded li-
ability due to experience gains or losses 
(including investment gains or losses, gains 
or losses due to contributions greater or 
less than the contributions made under the 
prior transition contribution rate, and 
other actuarial gains or losses), changes in 
actuarial assumptions, changes to the leg-
acy plan’s benefits, or changes in funding 
method over a period of 15 plan years be-
ginning with the plan year in which such 
change in unfunded liability is incurred. 
The transition contribution rate for any plan 
year may not be less than the transition con-
tribution rate for the plan year in which such 
rate is first established. 
‘‘(B) MULTIPLE RATES.—If different rates 
of contribution are payable to the legacy plan 
by different employers or for different classes of
1333 
employees, the certification shall specify a tran-
sition contribution rate for each such employer. 
‘‘(C) RATE APPLICABLE TO EMPLOYER.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided by clause (ii), the transition con-
tribution rate applicable to an employer for 
a plan year is the rate in effect for the 
plan year of the legacy plan that com-
mences on or after 180 days before the 
earlier of— 
‘‘(I) the effective date of the col-
lective bargaining agreement pursuant 
to which the employer contributes to 
the legacy plan, or 
‘‘(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 
contribution 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
1334 
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 
legacy 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. 
‘‘(E) OTHER
ACTUARIAL
ASSUMPTIONS 
AND
METHODS.—Except as provided in sub-
paragraph (A), the determination of the transi-
tion contribution rate for a plan year shall be 
based on actuarial assumptions and methods 
consistent with the minimum funding deter-
minations made under section 431 (or, if appli-
cable, section 432) with respect to the legacy 
plan for the plan year.
1335 
‘‘(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 contribu-
tion income for the plan year beginning on or 
after the date of certification that is not less 
than would be produced by the transition con-
tribution rates in effect at the time of the cer-
tification. 
‘‘(G) NOTICE OF TRANSITION CONTRIBU-
TION RATE.—The plan sponsor of a legacy plan 
shall provide notice to the parties to collective 
bargaining agreements pursuant to which con-
tributions are made to the legacy plan of 
changes to the transition contribution rate re-
quirements at least 30 days before the begin-
ning of the plan year for which the rate is effec-
tive. 
‘‘(H) NOTICE TO COMPOSITE PLAN SPON-
SOR.—Not later than 30 days after a deter-
mination by the plan sponsor of a legacy plan 
that a collective bargaining agreement provides
1336 
for a rate of contributions that is below the 
transition contribution rate applicable to one or 
more employers that are parties to the collective 
bargaining agreement, the plan sponsor of the 
legacy 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 op-
portunity to correct such failure, not to exceed 180 
days from the date of notice given under subsection 
(b)(2). 
‘‘(4) SUPPLEMENTAL CONTRIBUTIONS.—A col-
lective bargaining agreement may provide for supple-
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.
1337 
‘‘(e) NONAPPLICATION
OF COMPOSITE PLAN RE-
STRICTIONS.— 
‘‘(1) IN
GENERAL.—The provisions of sub-
sections (a), (b), and (c) shall not apply with respect 
to a collective bargaining agreement, to the extent 
the agreement, or a predecessor agreement, provides 
or provided 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 preceding 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 Pen-
sion Benefit Guaranty Corporation under sections 
4219(c)(1)(D) and 4281 of Employee Retirement 
Income and Security Act for multiemployer plans 
terminating by mass withdrawal, as in effect for the 
date of the determination, except the plan’s reason-
1338 
able assumption regarding the starting date of bene-
fits 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, 
another plan if— 
‘‘(1) the other plan is a composite plan, 
‘‘(2) the plan or plans resulting from the merg-
er or transfer is a composite plan, 
‘‘(3) no participant’s accrued benefit or adjust-
able benefit is lower immediately after the trans-
action than it was immediately before the trans-
action, 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 al-
locable distributions, investment gains and losses, 
and administrative expenses. 
‘‘(b) LEGACY PLAN.—