1317 
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 
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 
‘‘(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. 440A. COMPOSITE PLAN RESTRICTIONS TO PRE-
SERVE LEGACY PLAN FUNDING. 
‘‘(a) TREATMENT AS A LEGACY PLAN.— 
‘‘(1) IN GENERAL.—For purposes of this sub-
chapter, a defined benefit plan shall be treated as a 
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01317
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1319 
‘‘(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 
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 
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01319
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1320 
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 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 
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01320
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1321 
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-
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 
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01321
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1322 
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 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.— 
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01322
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1323 
‘‘(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, 
‘‘(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-
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01323
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1324 
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-
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-
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01324
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1325 
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 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-
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01325
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1326 
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. 
‘‘(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-
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01326
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1327 
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 
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). 
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01327
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1328 
‘‘(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 
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 
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01328
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1329 
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-
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 
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01329
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1330 
‘‘(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. 
‘‘(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 
440A(d)(2)(B).’’. 
(2) CLERICAL AMENDMENT.—The table of sub-
parts for part III of subchapter D of chapter 1 of 
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01330
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1331 
the Internal Revenue Code of 1986 is amended by 
adding at the end the following new item: 
‘‘SUBPART C. COMPOSITE PLANS AND LEGACY PLANS’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to plan years beginning after the 
date of the enactment of this Act. 
SEC. 103. APPLICATION OF CERTAIN REQUIREMENTS TO 
COMPOSITE PLANS. 
(a) AMENDMENTS TO THE EMPLOYEE RETIREMENT 
INCOME SECURITY ACT OF 1974.— 
(1) TREATMENT FOR PURPOSES OF FUNDING 
NOTICES.—Section 101(f) of the Employee Retire-
ment Income Security Act of 1974 (29 U.S.C. 
1021(f)) is amended— 
(A) in paragraph (1) by striking ‘‘title IV 
applies’’ and inserting ‘‘title IV applies or which 
is a composite plan’’; and 
(B) by adding at the end the following: 
‘‘(5) APPLICATION TO COMPOSITE PLANS.—The 
provisions of this subsection shall apply to a com-
posite plan only to the extent prescribed by the Sec-
retary in regulations that take into account the dif-
ferences between a composite plan and a defined 
benefit plan that is a multiemployer plan.’’. 
(2) TREATMENT
FOR
PURPOSES
OF
ANNUAL 
REPORT.—Section 103 of the Employee Retirement 
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01331
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1332 
Income Security Act of 1974 (29 U.S.C. 1023) is 
amended— 
(A) in subsection (d) by adding at the end 
the following sentence: ‘‘The provisions of this 
subsection shall apply to a composite plan only 
to the extent prescribed by the Secretary in reg-
ulations that take into account the differences 
between a composite plan and a defined benefit 
plan that is a multiemployer plan.’’; 
(B) in subsection (f) by adding at the end 
the following: 
‘‘(3) ADDITIONAL
INFORMATION
FOR
COM-
POSITE
PLANS.—With respect to any composite 
plan— 
‘‘(A) the provisions of paragraph (1)(A) 
shall apply by substituting ‘current funded ratio 
and projected funded ratio (as such terms are 
defined in section 802(a)(2))’ for ‘funded per-
centage’ each place it appears; and 
‘‘(B) the provisions of paragraph (2) shall 
apply only to the extent prescribed by the Sec-
retary in regulations that take into account the 
differences between a composite plan and a de-
fined benefit plan that is a multiemployer 
plan.’’; and 
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01332
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1333 
(C) by adding at the end the following: 
‘‘(h) COMPOSITE PLANS.—A multiemployer plan that 
incorporates the features of a composite plan as provided 
in section 801(b) shall be treated as a single plan for pur-
poses of the report required by this section, except that 
separate financial statements and actuarial statements 
shall be provided under paragraphs (3) and (4) of sub-
section (a) for the defined benefit plan component and for 
the composite plan component of the multiemployer 
plan.’’. 
(3) TREATMENT FOR PURPOSES OF PENSION 
BENEFIT STATEMENTS.—Section 105(a) of the Em-
ployee Retirement Income Security Act of 1974 (29 
U.S.C. 1025(a)) is amended by adding at the end 
the following: 
‘‘(4) COMPOSITE PLANS.—For purposes of this 
subsection, a composite plan shall be treated as a 
defined benefit plan to the extent prescribed by the 
Secretary in regulations that take into account the 
differences between a composite plan and a defined 
benefit plan that is a multiemployer plan.’’. 
(b) AMENDMENTS
TO
THE INTERNAL REVENUE 
CODE OF 1986.—Section 6058 of the Internal Revenue 
Code of 1986 is amended by redesignating subsection (f) 
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01333
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1334 
as subsection (g) and by inserting after subsection (e) the 
following: 
‘‘(f) COMPOSITE PLANS.—A multiemployer plan that 
incorporates the features of a composite plan as provided 
in section 437(b) shall be treated as a single plan for pur-
poses of the return required by this section, except that 
separate financial statements shall be provided for the de-
fined benefit plan component and for the composite plan 
component of the multiemployer plan.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to plan years beginning after the 
date of the enactment of this Act. 
SEC. 104. TREATMENT OF COMPOSITE PLANS UNDER TITLE 
IV. 
(a) DEFINITION.—Section 4001(a) of the Employee 
Retirement Income Security Act of 1974 (29 U.S.C. 
1301(a)) is amended by striking the period at the end of 
paragraph (21) and inserting a semicolon and by adding 
at the end the following: 
‘‘(22) COMPOSITE PLAN.—The term ‘composite 
plan’ has the meaning set forth in section 801.’’. 
(b) COMPOSITE PLANS DISREGARDED FOR CALCU-
LATING PREMIUMS.—Section 4006(a) of such Act (29 
U.S.C. 1306(a)) is amended by adding at the end the fol-
lowing: 
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01334
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1335 
‘‘(9) The composite plan component of a multi-
employer plan shall be disregarded in determining 
the premiums due under this section from the multi-
employer plan.’’. 
(c) COMPOSITE
PLANS
NOT
COVERED.—Section 
4021(b)(1) of such Act (29 U.S.C. 1321(b)(1)) is amend-
ed by striking ‘‘Act’’ and inserting ‘‘Act, or a composite 
plan, as defined in paragraph (43) of section 3 of this 
Act’’. 
(d) NO WITHDRAWAL LIABILITY.—Section 4201 of 
such Act (29 U.S.C. 1381) is amended by adding at the 
end the following: 
‘‘(c) Contributions by an employer to the composite 
plan component of a multiemployer plan shall not be taken 
into account for any purpose under this title.’’. 
(e) NO
WITHDRAWAL
LIABILITY
FOR
CERTAIN 
PLANS.—Section 4201 of such Act (29 U.S.C. 1381) is 
further amended by adding at the end the following: 
‘‘(d) Contributions by an employer to a multiem-
ployer plan described in the except clause of section 3(35) 
of this Act pursuant to a collective bargaining agreement 
that specifically designates that such contributions shall 
be allocated to the separate defined contribution accounts 
of participants under the plan shall not be taken into ac-
count with respect to the defined benefit portion of the 
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01335
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1336 
plan for any purpose under this title (including the deter-
mination of the employer’s highest contribution rate under 
section 4219), even if, under the terms of the plan, partici-
pants have the option to transfer assets in their separate 
defined contribution accounts to the defined benefit por-
tion of the plan in return for service credit under the de-
fined benefit portion, at rates established by the plan 
sponsor. 
‘‘(e) A legacy plan created under section 805 shall 
be deemed to have no unfunded vested benefits for pur-
poses of this part, for each plan year following a period 
of 5 consecutive plan years for which— 
‘‘(1) the plan was fully funded within the mean-
ing of section 805 for at least 3 of the plan years 
during that period, ending with a plan year for 
which the plan is fully funded; 
‘‘(2) the plan had no unfunded vested benefits 
for at least 3 of the plan years during that period, 
ending with a plan year for which the plan is fully 
funded; and 
‘‘(3) the plan is projected to be fully funded 
and to have no unfunded vested benefits for the fol-
lowing four plan years.’’. 
(f) NO WITHDRAWAL LIABILITY FOR EMPLOYERS 
CONTRIBUTING TO CERTAIN FULLY FUNDED LEGACY 
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01336
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1337 
PLANS.—Section 4211 of such Act (29 U.S.C. 1382) is 
amended by adding at the end the following: 
‘‘(g) No amount of unfunded vested benefits shall be 
allocated to an employer that has an obligation to con-
tribute to a legacy plan described in subsection (e) of sec-
tion 4201 for each plan year for which such subsection 
applies.’’. 
(g) NO
OBLIGATION
TO
CONTRIBUTE.—Section 
4212 of such Act (29 U.S.C. 1392) is amended by adding 
at the end the following: 
‘‘(d) NO OBLIGATION TO CONTRIBUTE.—An em-
ployer shall not be treated as having an obligation to con-
tribute to a multiemployer defined benefit plan within the 
meaning of subsection (a) solely because— 
‘‘(1) in the case of a multiemployer plan that 
includes a composite plan component, the employer 
has an obligation to contribute to the composite plan 
component of the plan; 
‘‘(2) the employer has an obligation to con-
tribute to a composite plan that is maintained pur-
suant to one or more collective bargaining agree-
ments under which the multiemployer defined ben-
efit plan is or previously was maintained; or 
‘‘(3) the employer contributes or has contrib-
uted under section 805(d) to a legacy plan associ-
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01337
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1338 
ated with a composite plan pursuant to a collective 
bargaining agreement but employees of that em-
ployer were not eligible to accrue benefits under the 
legacy plan with respect to service with that em-
ployer.’’. 
(h) NO INFERENCE.—Nothing in the amendment 
made by subsection (e) shall be construed to create an in-
ference with respect to the treatment under title IV of the 
Employee Retirement Income Security Act of 1974, as in 
effect before such amendment, of contributions by an em-
ployer to a multiemployer plan described in the except 
clause of section 3(35) of such Act that are made before 
the effective date of subsection (e) specified in subsection 
(h)(2). 
(i) EFFECTIVE DATE.— 
(1) IN GENERAL.—Except as provided in sub-
paragraph (2), the amendments made by this section 
shall apply to plan years beginning after the date of 
the enactment of this Act. 
(2) SPECIAL RULE FOR SECTION 414(k) MULTI-
EMPLOYER PLANS.—The amendment made by sub-
section (e) shall apply only to required contributions 
payable for plan years beginning after the date of 
the enactment of this Act. 
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01338
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1339 
SEC. 105. CONFORMING CHANGES. 
(a) DEFINITIONS.—Section 3 of the Employee Re-
tirement Income Security Act of 1974 (29 U.S.C. 1002) 
is amended— 
(1) in paragraph (35), by inserting ‘‘or a com-
posite plan’’ after ‘‘other than an individual account 
plan’’; and 
(2) by adding at the end the following: 
‘‘(43) The term ‘composite plan’ has the mean-
ing given the term in section 801(a).’’. 
(b) SPECIAL FUNDING RULE FOR CERTAIN LEGACY 
PLANS.— 
(1) AMENDMENT TO EMPLOYEE RETIREMENT 
INCOME SECURITY ACT OF 1974.—Section 304(b) of 
the Employee Retirement Income Security Act of 
1974 (29 U.S.C. 1084(b)) is amended by adding at 
the end the following: 
‘‘(9) SPECIAL
FUNDING
RULE
FOR
CERTAIN 
LEGACY PLANS.—In the case of a multiemployer de-
fined benefit plan that has adopted an amendment 
under section 801(b), in accordance with which no 
further benefits shall accrue under the multiem-
ployer defined benefit plan, the plan sponsor may 
combine the outstanding balance of all charge and 
credit bases and amortize that combined base in 
level annual installments (until fully amortized) over 
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01339
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1340 
a period of 25 plan years beginning with the plan 
year following the date all benefit accruals ceased.’’. 
(2) AMENDMENT TO INTERNAL REVENUE CODE 
OF 1986.—Section 431(b) of the Internal Revenue 
Code of 1986 is amended by adding at the end the 
following: 
‘‘(9) SPECIAL
FUNDING
RULE
FOR
CERTAIN 
LEGACY PLANS.—In the case of a multiemployer de-
fined benefit plan that has adopted an amendment 
under section 437(b), in accordance with which no 
further benefits shall accrue under the multiem-
ployer defined benefit plan, the plan sponsor may 
combine the outstanding balance of all charge and 
credit bases and amortize that combined base in 
level annual installments (until fully amortized) over 
a period of 25 plan years beginning with the plan 
year following the date on which all benefit accruals 
ceased.’’. 
(c) BENEFITS AFTER MERGER, CONSOLIDATION, OR 
TRANSFER OF ASSETS.— 
(1) AMENDMENT TO EMPLOYEE RETIREMENT 
INCOME SECURITY ACT OF 1974.—Section 208 of the 
Employee Retirement Income Security Act of 1974 
(29 U.S.C. 1058) is amended— 
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01340
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1341 
(A) by striking so much of the first sen-
tence as precedes ‘‘may not merge’’ and insert-
ing the following: 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), a pension plan may not merge, and’’; and 
(B) by striking the second sentence and 
adding at the end the following: 
‘‘(2) SPECIAL REQUIREMENTS FOR MULTIEM-
PLOYER PLANS.—Paragraph (1) shall not apply to 
any transaction to the extent that participants either 
before or after the transaction are covered under a 
multiemployer plan to which title IV of this Act ap-
plies or a composite plan.’’. 
(2) AMENDMENTS
TO
INTERNAL
REVENUE 
CODE OF 1986.— 
(A) QUALIFICATION REQUIREMENT.—Sec-
tion 401(a)(12) of the Internal Revenue Code 
of 1986 is amended— 
(i) by striking ‘‘(12) A trust’’ and in-
serting the following: 
‘‘(12) BENEFITS AFTER MERGER, CONSOLIDA-
TION, OR TRANSFER OF ASSETS.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), a trust’’; 
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01341
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1342 
(ii) by striking the second sentence; 
and 
(iii) by adding at the end the fol-
lowing: 
‘‘(B) SPECIAL REQUIREMENTS FOR MULTI-
EMPLOYER
PLANS.—Subparagraph (A) shall 
not apply to any multiemployer plan with re-
spect to any transaction to the extent that par-
ticipants either before or after the transaction 
are covered under a multiemployer plan to 
which title IV of the Employee Retirement In-
come Security Act of 1974 applies or a com-
posite plan.’’. 
(B) ADDITIONAL QUALIFICATION REQUIRE-
MENT.—Paragraph (1) of section 414(l) of such 
Code is amended— 
(i) by striking ‘‘(1) IN GENERAL’’ and 
all that follows through ‘‘shall not con-
stitute’’ and inserting the following: 
‘‘(1) BENEFIT
PROTECTIONS: MERGER, CON-
SOLIDATION, TRANSFER.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), a trust which forms a part 
of a plan shall not constitute’’; and 
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01342
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1343 
(ii) by striking the second sentence; 
and 
(iii) by adding at the end the fol-
lowing: 
‘‘(B) SPECIAL REQUIREMENTS FOR MULTI-
EMPLOYER PLANS.—Subparagraph (A) does not 
apply to any multiemployer plan with respect to 
any transaction to the extent that participants 
either before or after the transaction are cov-
ered under a multiemployer plan to which title 
IV of the Employee Retirement Income Secu-
rity Act of 1974 applies or a composite plan.’’. 
(d) REQUIREMENTS FOR STATUS AS A QUALIFIED 
PLAN.— 
(1) REQUIREMENT THAT ACTUARIAL ASSUMP-
TIONS BE SPECIFIED.—Section 401(a)(25) of the In-
ternal Revenue Code of 1986 is amended by insert-
ing ‘‘(in the case of a composite plan, benefits objec-
tively calculated pursuant to a formula)’’ after ‘‘defi-
nitely determinable benefits’’. 
(2) MISSING
PARTICIPANTS
IN
TERMINATING 
COMPOSITE PLAN.—Section 401(a)(34) of the Inter-
nal Revenue Code of 1986 is amended by striking ‘‘, 
a trust’’ and inserting ‘‘or a composite plan, a 
trust’’. 
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01343
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1344 
(e) DEDUCTION FOR CONTRIBUTIONS TO A QUALI-
FIED PLAN.—Section 404(a)(1) of the Internal Revenue 
Code of 1986 is amended by redesignating subparagraph 
(E) as subparagraph (F) and by inserting after subpara-
graph (D) the following: 
‘‘(E) COMPOSITE PLANS.— 
‘‘(i) IN GENERAL.—In the case of a 
composite plan, subparagraph (D) shall 
not apply and the maximum amount de-
ductible for a plan year shall be the excess 
(if any) of— 
‘‘(I) 160 percent of the greater 
of— 
‘‘(aa) the current liability of 
the plan determined in accord-
ance with the principles of sec-
tion 431(c)(6)(D), or 
‘‘(bb) the present value of 
plan liabilities as determined 
under section 438, over 
‘‘(II) the fair market value of the 
plan’s assets, projected to the end of 
the plan year. 
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01344
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1345 
‘‘(ii) SPECIAL
RULES
FOR
PREDE-
CESSOR
MULTIEMPLOYER
PLAN
TO
COM-
POSITE PLAN.— 
‘‘(I) IN
GENERAL.—Except as 
provided in subclause (II), if an em-
ployer contributes to a composite plan 
with respect to its employees, con-
tributions by that employer to a mul-
tiemployer defined benefit plan with 
respect to some or all of the same 
group of employees shall be deductible 
under sections 162 and this section, 
subject to the limits in subparagraph 
(D). 
‘‘(II) 
TRANSITION
CONTRIBU-
TION.—The full amount of a contribu-
tion to satisfy the transition contribu-
tion requirement (as defined in sec-
tion 440A(d)) and allocated to the 
legacy defined benefit plan for the 
plan year shall be deductible for the 
employer’s taxable year ending with or 
within the plan year.’’. 
(f) MINIMUM VESTING STANDARDS.— 
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01345
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1346 
(1) YEARS
OF
SERVICE
UNDER
COMPOSITE 
PLANS.— 
(A) EMPLOYEE RETIREMENT INCOME SE-
CURITY ACT OF 1974.—Section 203 of the Em-
ployee Retirement Income Security Act of 1974 
(29 U.S.C. 1053) is amended by inserting after 
subsection (f) the following: 
‘‘(g) SPECIAL RULES FOR COMPUTING YEARS OF 
SERVICE UNDER COMPOSITE PLANS.— 
‘‘(1) IN GENERAL.—In determining a qualified 
employee’s years of service under a composite plan 
for purposes of this section, the employee’s years of 
service under a legacy plan shall be treated as years 
of service earned under the composite plan. For pur-
poses of such determination, a composite plan shall 
not be treated as a defined benefit plan pursuant to 
section 801(d). 
‘‘(2) QUALIFIED EMPLOYEE.—For purposes of 
this subsection, an employee is a qualified employee 
if the employee first completes an hour of service 
under the composite plan (determined without re-
gard to the provisions of this subsection) within the 
12-month period immediately preceding or the 24- 
month period immediately following the date the em-
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01346
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1347 
ployee ceased to accrue benefits under the legacy 
plan. 
‘‘(3) CERTIFICATION OF YEARS OF SERVICE.— 
For purposes of paragraph (1), the plan sponsor of 
the composite plan shall rely on a written certifi-
cation by the plan sponsor of the legacy plan of the 
years of service the qualified employee completed 
under the defined benefit plan as of the date the em-
ployee satisfies the requirements of paragraph (2), 
disregarding any years of service that had been for-
feited under the rules of the defined benefit plan be-
fore that date. 
‘‘(h) SPECIAL RULES FOR COMPUTING YEARS OF 
SERVICE UNDER LEGACY PLANS.— 
‘‘(1) IN GENERAL.—In determining a qualified 
employee’s years of service under a legacy plan for 
purposes of this section, and in addition to any serv-
ice under applicable regulations, the employee’s 
years of service under a composite plan shall be 
treated as years of service earned under the legacy 
plan. For purposes of such determination, a com-
posite plan shall not be treated as a defined benefit 
plan pursuant to section 801(d). 
‘‘(2) QUALIFIED EMPLOYEE.—For purposes of 
this subsection, an employee is a qualified employee 
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01347
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1348 
if the employee first completes an hour of service 
under the composite plan (determined without re-
gard to the provisions of this subsection) within the 
12-month period immediately preceding or the 24- 
month period immediately following the date the em-
ployee ceased to accrue benefits under the legacy 
plan. 
‘‘(3) CERTIFICATION OF YEARS OF SERVICE.— 
For purposes of paragraph (1), the plan sponsor of 
the legacy plan shall rely on a written certification 
by the plan sponsor of the composite plan of the 
years of service the qualified employee completed 
under the composite plan after the employee satisfies 
the requirements of paragraph (2), disregarding any 
years of service that has been forfeited under the 
rules of the composite plan.’’. 
(B) INTERNAL REVENUE CODE OF 1986.— 
Section 411(a) of the Internal Revenue Code of 
1986 is amended by adding at the end the fol-
lowing: 
‘‘(14) SPECIAL
RULES
FOR
DETERMINING 
YEARS OF SERVICE UNDER COMPOSITE PLANS.— 
‘‘(A) IN
GENERAL.—In determining a 
qualified employee’s years of service under a 
composite plan for purposes of this subsection, 
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01348
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1350 
under the rules of the defined benefit plan be-
fore that date. 
‘‘(15) SPECIAL RULES FOR COMPUTING YEARS 
OF SERVICE UNDER LEGACY PLANS.— 
‘‘(A) IN
GENERAL.—In determining a 
qualified employee’s years of service under a 
legacy plan for purposes of this section, and in 
addition to any service under applicable regula-
tions, the employee’s years of service under a 
composite plan shall be treated as years of serv-
ice earned under the legacy plan. For purposes 
of such determination, a composite plan shall 
not be treated as a defined benefit plan pursu-
ant to section 437(d). 
‘‘(B) QUALIFIED
EMPLOYEE.—For pur-
poses of this paragraph, an employee is a quali-
fied employee if the employee first completes an 
hour of service under the composite plan (deter-
mined without regard to the provisions of this 
paragraph) within the 12-month period imme-
diately preceding or the 24-month period imme-
diately following the date the employee ceased 
to accrue benefits under the legacy plan. 
‘‘(C) CERTIFICATION OF YEARS OF SERV-
ICE.—For purposes of subparagraph (A), the 
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01350
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1351 
plan sponsor of the legacy plan shall rely on a 
written certification by the plan sponsor of the 
composite plan of the years of service the quali-
fied employee completed under the composite 
plan after the employee satisfies the require-
ments of subparagraph (B), disregarding any 
years of service that has been forfeited under 
the rules of the composite plan.’’. 
(2) REDUCTION OF BENEFITS.— 
(A) EMPLOYEE RETIREMENT INCOME SE-
CURITY ACT OF 1974.—Section 203(a)(3)(E)(ii) 
of the Employee Retirement Income Security 
Act of 1974 (29 U.S.C. 1053(a)(3)(E)(ii)) is 
amended— 
(i) in subclause (I) by striking 
‘‘4244A’’ and inserting ‘‘305(e), 803,’’; 
and 
(ii) in subclause (II) by striking 
‘‘4245’’ and inserting ‘‘305(e), 4245,’’. 
(B) INTERNAL REVENUE CODE OF 1986.— 
Section 411(a)(3)(F) of the Internal Revenue 
Code of 1986 is amended— 
(i) in clause (i) by striking ‘‘section 
418D or under section 4281 of the Em-
ployee Retirement Income Security Act of 
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01351
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1352 
1974’’ and inserting ‘‘section 432(e) or 
439 or under section 4281 of the Em-
ployee Retirement Income Security Act of 
1974’’; and 
(ii) in clause (ii) by inserting ‘‘or 
432(e)’’ after ‘‘section 418E’’. 
(3) ACCRUED BENEFIT REQUIREMENTS.— 
(A) EMPLOYEE RETIREMENT INCOME SE-
CURITY ACT OF 1974.—Section 204(b)(1)(B)(i) 
of the Employee Retirement Income Security 
Act of 1974 (29 U.S.C. 1054(b)(1)(B)(i)) is 
amended by inserting ‘‘, including an amend-
ment reducing or suspending benefits under 
section 305(e), 803, 4245 or 4281,’’ after ‘‘any 
amendment to the plan’’. 
(B) INTERNAL REVENUE CODE OF 1986.— 
Section 411(b)(1)(B)(i) of the Internal Revenue 
Code of 1986 is amended by inserting ‘‘, includ-
ing an amendment reducing or suspending ben-
efits under section 418E, 432(e), or 439, or 
under section 4281 of the Employee Retirement 
Income Security Act of 1974,’’ after ‘‘any 
amendment to the plan’’. 
(4) ADDITIONAL ACCRUED BENEFIT REQUIRE-
MENTS.— 
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01352
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1353 
(A) EMPLOYEE RETIREMENT INCOME SE-
CURITY ACT OF 1974.—Section 204(b)(1)(H)(v) 
of the Employee Retirement Income Security 
Act of 1974 (29 U.S.C. 1053(b)(1)(H)(v)) is 
amended by inserting before the period at the 
end the following: ‘‘, or benefits are reduced or 
suspended under section 305(e), 803, 4245, or 
4281’’. 
(B) INTERNAL REVENUE CODE OF 1986.— 
Section 411(b)(1)(H)(iv) of the Internal Rev-
enue Code of 1986 is amended— 
(i) in the heading by striking ‘‘BEN-
EFIT’’ and inserting ‘‘BENEFIT AND THE 
SUSPENSION AND REDUCTION OF CERTAIN 
BENEFITS’’; and 
(ii) in the text by inserting before the 
period at the end the following: ‘‘, or bene-
fits are reduced or suspended under sec-
tion 418E, 432(e), or 439, or under sec-
tion 4281 of the Employee Retirement In-
come Security Act of 1974’’. 
(5) ACCRUED BENEFIT NOT TO BE DECREASED 
BY AMENDMENT.— 
(A) EMPLOYEE RETIREMENT INCOME SE-
CURITY ACT OF 1974.—Section 204(g)(1) of the 
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01353
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1354 
Employee Retirement Income Security Act of 
1974 (29 U.S.C. 1053(g)(1)) is amended by in-
serting after ‘‘302(d)(2)’’ the following: ‘‘, 
305(e), 803, 4245,’’. 
(B) INTERNAL REVENUE CODE OF 1986.— 
Section 411(d)(6)(A) of the Internal Revenue 
Code of 1986 is amended by inserting after 
‘‘412(d)(2),’’ the following: ‘‘418E, 432(e), or 
439,’’. 
(g) CERTAIN FUNDING RULES NOT APPLICABLE.— 
(1) EMPLOYEE RETIREMENT INCOME SECURITY 
ACT OF 1974.—Section 305 of the Employee Retire-
ment Income Security Act of 1974 (29 U.S.C. 1085) 
is amended by adding at the end the following: 
‘‘(k) LEGACY PLANS.—Sections 302, 304, and 305 
shall not apply to an employer that has an obligation to 
contribute to a plan that is a legacy plan within the mean-
ing of section 805(a) solely because the employer has an 
obligation to contribute to a composite plan described in 
section 801 that is associated with that legacy plan.’’. 
(2) INTERNAL REVENUE CODE OF 1986.—Sec-
tion 432 of the Internal Revenue Code of 1986 is 
amended by adding at the end the following: 
‘‘(k) LEGACY PLANS.—Sections 412, 431, and 432 
shall not apply to an employer that has an obligation to 
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01354
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1355 
contribute to a plan that is a legacy plan within the mean-
ing of section 440A(a) solely because the employer has an 
obligation to contribute to a composite plan described in 
section 437 that is associated with that legacy plan.’’. 
(h) TERMINATION OF COMPOSITE PLAN.—Section 
403(d) of the Employee Retirement Income Security Act 
of 1974 (29 U.S.C. 1103(d) is amended— 
(1) in paragraph (1), by striking ‘‘regulations 
of the Secretary.’’ and inserting ‘‘regulations of the 
Secretary, or as provided in paragraph (3).’’; and 
(2) by adding at the end the following: 
‘‘(3) Section 4044(a) of this Act shall be ap-
plied in the case of the termination of a composite 
plan by— 
‘‘(A) limiting the benefits subject to para-
graph (3) thereof to benefits as defined in sec-
tion 802(b)(3)(B); and 
‘‘(B) including in the benefits subject to 
paragraph (4) all other benefits (if any) of indi-
viduals under the plan that would be guaran-
teed under section 4022A if the plan were sub-
ject to title IV.’’. 
(i) GOOD FAITH COMPLIANCE PRIOR
TO GUID-
ANCE.—Where the implementation of any provision of law 
added or amended by this division is subject to issuance 
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01355
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1356 
of regulations by the Secretary of Labor, the Secretary 
of the Treasury, or the Pension Benefit Guaranty Cor-
poration, a multiemployer plan shall not be treated as fail-
ing to meet the requirements of any such provision prior 
to the issuance of final regulations or other guidance to 
carry out such provision if such plan is operated in accord-
ance with a reasonable, good faith interpretation of such 
provision. 
SEC. 106. EFFECTIVE DATE. 
Unless otherwise specified, the amendments made by 
this division shall apply to plan years beginning after the 
date of the enactment of this Act. 
DIVISION W—OTHER MATTERS 
SEC. 240001. SMALL BUSINESS DEBTOR REORGANIZATION. 
(a) IN GENERAL.—Section 1182(1) of title 11, 
United States Code, is amended to read as follows: 
‘‘(1) DEBTOR.—The term ‘debtor’— 
‘‘(A) subject to subparagraph (B), means a 
person engaged in commercial or business ac-
tivities (including any affiliate of such person 
that is also a debtor under this title and exclud-
ing a person whose primary activity is the busi-
ness of owning single asset real estate) that has 
aggregate noncontingent liquidated secured and 
unsecured debts as of the date of the filing of 
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01356
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1357 
the petition or the date of the order for relief 
in an amount not more than $7,500,000 (ex-
cluding debts owed to 1 or more affiliates or in-
siders) not less than 50 percent of which arose 
from the commercial or business activities of 
the debtor; and 
‘‘(B) does not include— 
‘‘(i) any member of a group of affili-
ated debtors that has aggregate noncontin-
gent liquidated secured and unsecured 
debts 
in 
an 
amount 
greater 
than 
$7,500,000 (excluding debt owed to 1 or 
more affiliates or insiders); 
‘‘(ii) any debtor that is a corporation 
subject to the reporting requirements 
under section 13 or 15(d) of the Securities 
Exchange Act of 1934 (15 U.S.C. 78m, 
78o(d)); or 
‘‘(iii) any debtor that is an affiliate of 
an issuer, as defined in section 3 of the Se-
curities Exchange Act of 1934 (15 U.S.C. 
78c).’’. 
(b) APPLICABILITY OF CHAPTERS.—Section 103(i) of 
title 11, United States Code, is amended by striking 
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01357
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1358 
‘‘small business debtor’’ and inserting ‘‘debtor (as defined 
in section 1182)’’. 
(c) APPLICATION OF AMENDMENT.—The amendment 
made by subsection (a) shall apply only with respect to 
cases commenced under title 11, United States Code, on 
or after the date of enactment of this Act. 
(d) TECHNICAL CORRECTIONS.— 
(1) DEFINITION
OF
SMALL
BUSINESS
DEBT-
OR.—Section 101(51D)(B)(iii) of title 11, United 
States Code, is amended to read as follows: 
‘‘(iii) any debtor that is an affiliate of 
an issuer (as defined in section 3 of the 
Securities Exchange Act of 1934 (15 
U.S.C. 78c)).’’. 
(2) UNCLAIMED PROPERTY.—Section 347(b) of 
title 11, United States Code, is amended by striking 
‘‘1194’’ and inserting ‘‘1191’’. 
(e) SUNSET.—On the date that is 1 year after the 
date of enactment of this Act, section 1182(1) of title 11, 
United States Code, is amended to read as follows: 
‘‘(1) DEBTOR.—The term ‘debtor’ means a 
small business debtor.’’. 
SEC. 240002. BANKRUPTCY RELIEF. 
(a) IN GENERAL.— 
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01358
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1359 
(1) EXCLUSION FROM CURRENT MONTHLY IN-
COME.—Section 101(10A)(B)(ii) of title 11, United 
States Code, is amended— 
(A) in subclause (III), by striking ‘‘; and’’ 
and inserting a semicolon; 
(B) in subclause (IV), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(V) Payments made under Federal law 
relating to the national emergency declared by 
the President under the National Emergencies 
Act (50 U.S.C. 1601 et seq.) with respect to 
the coronavirus disease 2019 (COVID–19).’’. 
(2) 
CONFIRMATION
OF
PLAN.—Section 
1325(b)(2) of title 11, United States Code, is 
amended by inserting ‘‘payments made under Fed-
eral law relating to the national emergency declared 
by the President under the National Emergencies 
Act (50 U.S.C. 1601 et seq.) with respect to the 
coronavirus disease 2019 (COVID–19),’’ after 
‘‘other than’’. 
(3) MODIFICATION OF PLAN AFTER CONFIRMA-
TION.—Section 1329 of title 11, United States Code, 
is amended by adding at end the following: 
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01359
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1360 
‘‘(d)(1) Subject to paragraph (3), for a plan con-
firmed prior to the date of enactment of this subsection, 
the plan may be modified upon the request of the debtor 
if— 
‘‘(A) the debtor is experiencing or has ex-
perienced a material financial hardship due, di-
rectly or indirectly, to the coronavirus disease 
2019 (COVID–19) pandemic; and 
‘‘(B) the modification is approved after no-
tice and a hearing. 
‘‘(2) A plan modified under paragraph (1) may 
not provide for payments over a period that expires 
more than 7 years after the time that the first pay-
ment under the original confirmed plan was due. 
‘‘(3) Sections 1322(a), 1322(b), 1323(c), and 
the requirements of section 1325(a) shall apply to 
any modification under paragraph (1).’’. 
(4) APPLICABILITY.— 
(A) The amendments made by paragraphs 
(1) and (2) shall apply to any case commenced 
before, on, or after the date of enactment of 
this Act. 
(B) The amendment made by paragraph 
(3) shall apply to any case for which a plan has 
been confirmed under section 1325 of title 11, 
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01360
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1361 
United States Code, before the date of enact-
ment of this Act. 
(b) SUNSET.— 
(1) IN GENERAL.— 
(A) EXCLUSION FROM CURRENT MONTHLY 
INCOME.—Section 101(10A)(B)(ii) of title 11, 
United States Code, is amended— 
(i) in subclause (III), by striking the 
semicolon at the end and inserting ‘‘; 
and’’; 
(ii) in subclause (IV), by striking ‘‘; 
and’’ and inserting a period; and 
(iii) by striking subclause (V). 
(B) CONFIRMATION
OF
PLAN.—Section 
1325(b)(2) of title 11, United States Code, is 
amended by striking ‘‘payments made under 
Federal law relating to the national emergency 
declared by the President under the National 
Emergencies Act (50 U.S.C. 1601 et seq.) with 
respect 
to 
the 
coronavirus 
disease 
2019 
(COVID–19),’’. 
(C) MODIFICATION OF PLAN AFTER CON-
FIRMATION.—Section 1329 of title 11, United 
States Code, is amended by striking subsection 
(d). 
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01361
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1362 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall take effect on the date that 
is 1 year after the date of enactment of this Act. 
DIVISION X—OTHER MATTERS 
SEC. 199991. HOME ENERGY AND WATER SERVICE CON-
TINUITY. 
Any entity receiving financial assistance pursuant to 
the Take Responsibility for Workers and Families Act 
shall, to the maximum extent practicable, establish or 
maintain in effect policies to ensure that no home energy 
service or public water system service to an individual or 
household, which is provided or regulated by such entity, 
is disconnected or interrupted during the emergency pe-
riod described in section 1135(g)(1)(B) of the Social Secu-
rity Act. For purposes of this section, the term ‘‘home en-
ergy service’’ means a service to provide home energy, as 
such term is defined in section 2604 of the Low-Income 
Home Energy Assistance Act of 1981, and electric service, 
as that term is used in the Public Utility Regulatory Poli-
cies Act of 1978, and the term ‘‘public water system’’ has 
the meaning given that term in section 1401 of the Safe 
Drinking Water Act. Nothing in this section shall be con-
strued to require forgiveness of outstanding debt owed to 
an entity or to absolve an individual of any obligation to 
an entity for service. 
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01362
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1363 
SEC. 199992. LOW-INCOME HOUSEHOLD DRINKING WATER 
AND WASTEWATER ASSISTANCE. 
(a) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $1,500,000,000 to the Sec-
retary to carry out this section. Such sums shall remain 
available until expended. 
(b) LOW-INCOME HOUSEHOLD DRINKING WATER 
AND WASTEWATER ASSISTANCE.—The Secretary shall 
make grants to States and Indian Tribes to assist low- 
income households, particularly those with the lowest in-
comes, that pay a high proportion of household income 
for drinking water and wastewater services. 
(c) USE OF LIHEAP RESOURCES.—In carrying out 
this section, the Secretary, States, and Indian Tribes, as 
applicable, shall use the existing processes, procedures, 
policies, and systems in place to carry out the Low-Income 
Home Energy Assistance Act of 1981, as the Secretary 
determines appropriate, including by using the application 
and approval process under such Act to the maximum ex-
tent practicable. 
(d) ALLOTMENT.— 
(1) 
FACTORS.—The 
Secretary 
shall 
allot 
amounts appropriated pursuant to this section to a 
State or Indian Tribe taking into account— 
(A) the percentage of households in the 
State, or under the jurisdiction of the Indian 
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01363
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1364 
Tribe, that are low-income, as determined by 
the Secretary; 
(B) the average State or Tribal drinking 
water and wastewater service rates; and 
(C) the extent to which the State or Indian 
Tribe has been impacted by the public health 
emergency. 
(2) NOTIFICATION
TO
CONGRESS.—Not later 
than 15 days after determining an amount to allot 
to each State or Indian Tribe pursuant to paragraph 
(1), and prior to making grants under this section, 
the Secretary shall notify Congress of such allotment 
amounts. 
(e) DETERMINATION
OF
LOW-INCOME
HOUSE-
HOLDS.— 
(1) MINIMUM DEFINITION OF LOW-INCOME.—In 
determining whether a household is considered low- 
income for the purposes of this section, a State or 
Indian Tribe shall— 
(A) ensure that, at a minimum, all house-
holds within 150 percent of the Federal poverty 
line are included as low-income households; and 
(B) consider households that have not pre-
viously received assistance under the Low-In-
come Home Energy Assistance Act of 1981 in 
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01364
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1365 
the same manner as households that have pre-
viously received such assistance. 
(2) HOUSEHOLD
DOCUMENTATION
REQUIRE-
MENTS.—States and Indian Tribes shall— 
(A) to the maximum extent practicable, 
seek to limit the income history documentation 
requirements for determining whether a house-
hold is considered low-income for the purposes 
of this section; and 
(B) for the purposes of income eligibility, 
accept proof of job loss or severe income loss 
dated after February 29, 2020, such as a layoff 
or furlough notice or verification of application 
of unemployment benefits, as sufficient to dem-
onstrate lack of income for an individual or 
household. 
(f) APPLICATIONS.—Each State or Indian Tribe de-
siring to receive a grant under this section shall submit 
an application to the Secretary, in such form as the Sec-
retary shall require. 
(g) STATE AGREEMENTS WITH DRINKING WATER 
AND WASTEWATER PROVIDERS.—To the maximum extent 
practicable, a State that receives a grant under this sec-
tion shall enter into agreements with community water 
systems, private utilities, municipalities, nonprofit organi-
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01365
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1366 
zations associated with providing drinking water, waste-
water, and other social services to rural and small commu-
nities, and Indian Tribes, to assist in identifying low-in-
come households and to carry out this section. 
(h) ADMINISTRATIVE COSTS.—A State or Indian 
Tribe that receives a grant under this section may use up 
to 15 percent of the granted amounts for administrative 
costs. 
(i) FEDERAL AGENCY COORDINATION.—In carrying 
out this section, the Secretary shall coordinate with the 
Administrator of the Environmental Protection Agency 
and consult with other Federal agencies with authority 
over the provision of drinking water and wastewater serv-
ices. 
(j) AUDITS.—The Secretary shall require each State 
and Indian Tribe receiving a grant under this section to 
undertake periodic audits and evaluations of expenditures 
made by such State or Indian Tribe pursuant to this sec-
tion. 
(k) REPORTS TO CONGRESS.—The Secretary shall 
submit to Congress a report on the results of activities 
carried out pursuant to this section— 
(1) not later than 1 year after the date of en-
actment of this section; and 
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01366
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1367 
(2) upon disbursement of all funds appropriated 
pursuant to this section. 
(l) DEFINITIONS.—In this section: 
(1) COMMUNITY
WATER
SYSTEM.—The term 
‘‘community water system’’ has the meaning given 
such term in section 1401 of the Safe Drinking 
Water Act (42 U.S.C. 300f). 
(2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
means any Indian Tribe, band, group, or community 
recognized by the Secretary of the Interior and exer-
cising governmental authority over a Federal Indian 
reservation. 
(3) MUNICIPALITY.—The term ‘‘municipality’’ 
has the meaning given such term in section 502 of 
the Federal Water Pollution Control Act (33 U.S.C. 
1362). 
(4) PUBLIC HEALTH EMERGENCY.—The term 
‘‘public health emergency’’ means the public health 
emergency described in section 1135(g)(1)(B) of the 
Social Security Act. 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Health and Human Services. 
(6) STATE.—The term ‘‘State’’ means a State, 
the District of Columbia, the Commonwealth of 
Puerto Rico, the Virgin Islands of the United States, 
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01367
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1368 
Guam, American Samoa, and the Commonwealth of 
the Northern Mariana Islands. 
SEC. 199993. DELAY OF STRATEGIC PETROLEUM RESERVE 
SALE. 
(a) BIPARTISAN BUDGET ACT
OF 2015.—Section 
404 of the Bipartisan Budget Act of 2015 (42 U.S.C. 
6239 note) is amended— 
(1) in subsection (e), by striking ‘‘2020’’ and 
inserting ‘‘2022’’; and 
(2) in subsection (g), by striking ‘‘2020’’ and 
inserting ‘‘2022’’. 
(b) FURTHER CONSOLIDATED APPROPRIATIONS ACT, 
2020.—Title III of division C of the Further Consolidated 
Appropriations Act, 2020 (Public Law 116–94) is amend-
ed in the matter under the heading ‘‘Department of En-
ergy—Energy Programs—Strategic Petroleum Reserve’’ 
by striking ‘‘Provided, That’’ and all that follows through 
the period at the end and inserting the following: ‘‘Pro-
vided, That, as authorized by section 404 of the Bipar-
tisan Budget Act of 2015 (Public Law 114–74; 42 U.S.C. 
6239 note), the Secretary of Energy shall draw down and 
sell not to exceed a total of $450,000,000 of crude oil from 
the Strategic Petroleum Reserve in fiscal year 2020, fiscal 
year 2021, or fiscal year 2022: Provided further, That the 
proceeds from such drawdown and sale shall be deposited 
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01368
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1369 
into the ‘Energy Security and Infrastructure Moderniza-
tion Fund’ during the fiscal year in which the sale occurs 
and shall be made available in such fiscal year, to remain 
available until expended, for necessary expenses to carry 
out the Life Extension II project for the Strategic Petro-
leum Reserve.’’. 
SEC. 199994. EXPANSION OF DOL AUTHORITY TO POSTPONE 
CERTAIN DEADLINES. 
Section 518 of the Employee Retirement Income Se-
curity Act of 1974 (29 U.S.C. 1148) is amended by strik-
ing ‘‘or a terroristic or military action (as defined in sec-
tion 692(c)(2) of such Code), the Secretary may’’ and in-
serting ‘‘a terroristic or military action (as defined in sec-
tion 692(c)(2) of such Code), or a public health emergency 
declared by the Secretary of Health and Human Services 
pursuant to section 319 of the Public Health Service Act, 
the Secretary may’’. 
SEC. 199995. PROVIDING BUREAU OF THE CENSUS ACCESS 
TO INSTITUTIONS OF HIGHER EDUCATION. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, including section 444 of the General Edu-
cation Provisions Act (commonly known as the ‘‘Family 
Educational Rights and Privacy Act of 1974’’), an institu-
tion of higher education may, in furtherance of a full and 
accurate decennial census of population count, provide to 
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01369
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1370 
the Bureau of the Census information requested by the 
Bureau for purposes of enumeration for the 2020 decen-
nial Census. 
(b) APPLICATION.— 
(1) INFORMATION.—Only information requested 
on the official 2020 decennial census of population 
form may be provided to the Bureau of the Census 
pursuant to this section. No institution of higher 
education may provide any information to the Bu-
reau on the immigration or citizenship status of any 
individual. 
(2) GROUP QUARTERS.—Only students who, ac-
cording to guidance from the Bureau, are living in 
group quarters may be included in the data provided 
to the Bureau under this section. 
(3) NOTICE
REQUIRED.—Before information 
can be provided to the Bureau, the institution of 
higher education shall give public notice of the cat-
egories of information which it plans to provide and 
shall allow 10 days after such notice has been given 
for a parent or student to inform the institution that 
any or all of the information designated should not 
be released without the parent or student’s prior 
consent. No institution of higher education shall pro-
vide the Bureau with the information of any indi-
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01370
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1371 
vidual who has objected or whose legal guardian has 
objected to the provision of such information. 
(4) USE OF INFORMATION.—Information pro-
vided to the Bureau pursuant to this section may 
only be used for the purposes of enumeration for the 
2020 decennial census of population. 
(c) SUNSET.—The authority provided in this section 
shall expire on December 31, 2020. 
(d) DEFINITIONS.—In this section: 
(1) GROUP QUARTERS.—The term ‘‘group quar-
ters’’ means housing units owned or operated by an 
institution of higher education. 
(2) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the 
meaning given that term in section 102 of the High-
er Education Act of 1965 (20 U.S.C. 1002). 
SEC. 199996. TEMPORARY FISCAL RELIEF FOR STATES AND 
LOCALITIES. 
(a) IN GENERAL.—The Social Security Act (42 
U.S.C. 301 et seq.) is amended by inserting after title V 
the following: 
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01371
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1372 
‘‘TITLE VI—TEMPORARY FISCAL 
RELIEF FOR STATES AND LO-
CALITIES 
‘‘SEC. 601. TEMPORARY FISCAL RELIEF FOR STATES AND 
LOCALITIES. 
‘‘(a) APPROPRIATION.— 
‘‘(1) IN GENERAL.—Out of any money in the 
Treasury of the United States not otherwise appro-
priated, there are appropriated for fiscal year 2020, 
$200,000,000,000 for making payments to States, 
Indian Tribes, and units of local government under 
this section. 
‘‘(2) RESERVATION OF FUNDS.—Of the amount 
appropriated under paragraph (10, the Secretary 
shall reserve— 
‘‘(A) $1,000,000,000 of such amount for 
making payments to the United States Virgin 
Islands, Guam, the Commonwealth of the 
Northern Mariana Islands, or American Samoa; 
and 
‘‘(B) $10,000,000,000 of such amount for 
making payments to Indian Tribes. 
‘‘(b) PAYMENTS.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
from the amount appropriated under paragraph (1) 
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01372
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1373 
of subsection (a) for fiscal year 2020 which remains 
after the application of paragraph (2) of that sub-
section, the Secretary shall, not later than the later 
of the date that is 15 days after the date of enact-
ment of this section or the date that a State or In-
dian Tribe provides the certification required by sub-
section (f) for fiscal year 2020, pay each State or 
Indian Tribe the amount determined for the State or 
Indian Tribe for fiscal year 2020 under subsection 
(c). 
‘‘(2) DIRECT PAYMENTS TO UNITS OF LOCAL 
GOVERNMENT.—The Secretary shall establish a 
process under which, not later than 15 days after 
the date of enactment of this section, a unit of local 
government located in a State for which the amount 
of the payment determined for the State under sub-
section (c) for fiscal year 2020 exceeds the minimum 
payment amount under paragraph (2) of that sub-
section, may submit the certification required by 
subsection (f) to the Secretary and be paid directly 
the amount determined for such unit of local govern-
ment under subsection (c). 
‘‘(c) DETERMINATION OF PAYMENT AMOUNTS.— 
‘‘(1) STATES.—Subject to the succeeding para-
graphs of this subsection, the amount paid to a 
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01373
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1374 
State other than a State that is a territory specified 
in subsection (a)(2)(A) under this section for fiscal 
year 2020 shall be the amount equal to the relative 
population proportion amount described in para-
graph (4) for such fiscal year. 
‘‘(2) STATE
MINIMUM
PAYMENT.—No State 
that is 1 of the 50 States, the District of Columbia, 
or the Commonwealth of Puerto Rico, shall receive 
a payment under this section for fiscal year 2020 
that is less than, $2,500,000,000. 
‘‘(3) DIRECT PAYMENTS TO UNITS OF LOCAL 
GOVERNMENT.—If a unit of local government of a 
State submits the certification required by sub-
section (f) for purposes of receiving a direct payment 
from the Secretary under subsection (b)(2), the Sec-
retary shall reduce the amount determined for a 
State under paragraph (1) or (2) (as applicable) by 
the relative unit of local government population pro-
portion (as defined in paragraph (6)). 
‘‘(4) 
RELATIVE
POPULATION
PROPORTION 
AMOUNT.—The 
relative 
population 
proportion 
amount described in this paragraph is the product 
of— 
‘‘(A) the amount appropriated under para-
graph (1) of subsection (a) for fiscal year 2020 
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01374
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1375 
which remains after the application of para-
graph (2) of that subsection; and 
‘‘(B) the relative State population propor-
tion (as defined in paragraph (5)). 
‘‘(5) RELATIVE
STATE
POPULATION
PROPOR-
TION DEFINED.—For purposes of paragraph (4)(B), 
the term ‘relative State population proportion’ 
means, with respect to a State, the amount equal to 
the quotient of— 
‘‘(A) the population of the State; and 
‘‘(B) the total population of all States. 
‘‘(6) RELATIVE UNIT OF LOCAL GOVERNMENT 
POPULATION PROPORTION DEFINED.—For purposes 
of paragraph (3), the term ‘relative unit of local gov-
ernment population proportion’ means, with respect 
to a unit of local government, the amount equal to 
the quotient of— 
‘‘(A) the population of the unit of local 
government; and 
‘‘(B) the total population of the State in 
which the unit of local government is located. 
‘‘(7) CERTAIN TERRITORIES.—The amount paid 
to a State that is a territory specified in subsection 
(a)(2)(A) under this section for fiscal year 2020, 
shall be the amount equal to the product of the 
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01375
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1376 
amount set aside under subsection (a)(2)(A) for 
such fiscal year and each such territory’s share of 
the total population among all such territories, as 
determined by the Secretary. 
‘‘(8) INDIAN
TRIBES.—From the amount set 
aside under subsection (a)(2)(B) for fiscal year 
2020, the Secretary shall determine and pay an 
amount to each Indian Tribe that submits the cer-
tification required under subsection (f) for fiscal 
year 2020 based on lost revenues of each such In-
dian Tribe (or a tribally-owned entity of such Tribe) 
relative to revenues received in the aggregate in fis-
cal year 2019 by the Indian Tribe (tribally-owned 
entity), and in such manner as the Secretary deter-
mines appropriate to ensure that all amounts avail-
able under such subsection for fiscal year 2020 are 
distributed to eligible Indian Tribes. 
‘‘(9) PRO RATE ADJUSTMENTS.—The Secretary 
shall adjust on a pro rat basis the amount of the 
payments determined under this subsection without 
regard to this paragraph to the extent necessary to 
comply with the requirements of this subsection. 
‘‘(10) DATA.—For purposes of this section, the 
Secretary shall determine the population of a State 
or unit of local government based on the most recent 
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01376
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1377 
year for which data are available from the Bureau 
of the Census. 
‘‘(d) PAYMENTS MADE IN TWO PARTS.—The Sec-
retary shall pay the amounts determined under subsection 
(c) for States, territories specified in subsection (a)(2)(A), 
and Indian Tribes (and if applicable, local units of govern-
ment) as follows: 
‘‘(1) The Secretary shall make initial payments 
in accordance with the deadlines specified in sub-
section (b) consisting of— 
‘‘(A) in the case of a State for which the 
amount of payment is determined under para-
graph (1) or (2) of subsection (c), 50 percent 
of the amount determined for the State under 
paragraph (1) of that subsection (taking into 
account payments to units of local government, 
if applicable, under subsections (b)(2) and 
(c)(3)) or 100 percent of the payment amount 
specified in paragraph (2) of that subsection, 
whichever is greater; and 
‘‘(B) in the case of a territory specified in 
subsection (a)(2)(A) or an Indian Tribe 100 
percent of the amount determined for such ter-
ritory or Indian Tribe under paragraph (7) or 
(8), respectively, of subsection (c). 
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01377
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1378 
‘‘(2) In the case of a State for which the initial 
payment is 50 percent of the amount determined for 
the State under subsection (c)(1), the Secretary 
shall pay the State the remaining 50 percent of such 
amount on the earlier of— 
‘‘(A) the 1st day of the month succeeding 
the first month that beings after the date of en-
actment of this section for which the national 
employment-to-population ratio is below 60 per-
cent or the seasonally adjusted national unem-
ployment rate (U–3) determined by the Bureau 
of Labor Statistics of the Department of Labor 
for the applicable calendar month as initially re-
ported and prior to any subsequent revisions 
(rounded to the nearest tenth of a percentage 
point) exceeds 5.0 percent; or 
‘‘(B) July 1, 2020. 
A unit of local government for which a direct pay-
ment may be made under subsections (b)(2) and 
(c)(3) shall be paid at the same time and in the per-
centages as the State in which such government is 
located. 
‘‘(e) USE OF FUNDS.— 
‘‘(1) IN GENERAL.—Subject to paragraphs (2) 
and (3), a State, Indian Tribe, or unit of local gov-
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01378
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1379 
ernment shall use the funds provided under a pay-
ment made under this section to cover only those 
costs of the State, Indian Tribe, or unite of local 
government, such as costs to administer and provide 
benefits under State unemployment insurance law, 
that are attributable to the public health emergency 
with respect to the Coronavirus Disease 2019 
(COVID–19) that were not accounted for in the 
budget most recently approved as of the date of en-
actment of this section for the State, Indian Tribe, 
or unit of local government and that were incurred 
during the period that begins on March 1, 2020, and 
ends on February 28, 2021. 
‘‘(2) 
EXCEPTION.—Nothwithstanding 
para-
graph (1), a State, Indian Tribe, or unit of local 
government may use funds provided under a pay-
ment made under this section for costs attributable 
to the public health emergency with respect to the 
Coronavirus Disease 2019 (COVID–19) or to pro-
vide essential government services accounted for in 
the budget most recently approved as of the date of 
enactment of this section for the State, Indian 
Tribe, or unit of local government that, without the 
use of such funds, the State, Indian Tribe, or unit 
of local government would be unable to provide be-
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01379
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1380 
cause of decreased or delayed revenues during the 
period described in paragraph (1). 
‘‘(3) LIMITATIONS.—A State, Indian Tribe, or 
unit of local government may not use funds provided 
under a payment made under this section to— 
‘‘(A) 
supplant 
expenditures 
permitted 
under the most recently approved budget for 
the State, Indian Tribe, or unit of local govern-
ment for which the State, Indian Tribe, or unit 
of local government has funds immediately 
available; or 
‘‘(B) provide any kind of tax cut, rebate, 
deduction, credit, or any other tax benefit, or to 
reduce or eliminate any other fee imposed by 
the State, Indian Tribe, or unit of local govern-
ment, during the period described in paragraph 
(1). 
‘‘(f) CERTIFICATION.—In order to receive a payment 
under this section for a fiscal year, a State, Indian Tribe, 
or unit of local government shall provide the Secretary 
with a certification signed by the Governor of the State 
or the Chief Executive for the Indian Tribe or unit of local 
government that the State’s, Indian Tribe’s, or unit of 
local government’s proposed uses of the funds are con-
sistent with subsection (e). 
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01380
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1381 
‘‘(g) RECOUPMENT.—If the Comptroller General of 
the United States determines that a State, Indian Tribe, 
or unit of local government has failed to comply with sub-
paragraph (B) of subsection (e)(3), the Secretary shall es-
tablish a process for recouping from the State, Indian 
Tribe, or unit of local government an amount equal to the 
amount of funds used in violation of such subparagraph. 
Amounts recovered by the Secretary under this subsection 
shall be used as follows: 
‘‘(1) 65 percent of such amounts shall be trans-
ferred or credited to the Housing Trust Fund estab-
lished under section 1338 of the Federal Housing 
Enterprises Financial Safety and Soundness Act of 
1992 (12 U.S.C. 4568); and 
‘‘(2) 35 percent of such amounts shall be trans-
ferred or credited to the Capital Magnet Fund es-
tablished under section 1339 of the Federal Housing 
Enterprises Financial Safety and Soundness Act of 
1992 (12 U.S.C. 4569). 
‘‘(h) DEFINITIONS.—In this section: 
‘‘(1) INDIAN TRIBE.—The term ‘Indian tribe’ 
has the meaning given that term in section 4(e) of 
the Indian Self-Determination and Education Assist-
ance Act (25 U.S.C. 5304(e)). 
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01381
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1382 
‘‘(2) SECRETARY.—The term ‘Secretary’ means 
the Secretary of the Treasury. 
‘‘(3) STATE.—The term ‘State’ means the 50 
States, the District of Columbia, the Commonwealth 
of Puerto Rico, the United States Virgin Islands, 
Guam, the Commonwealth of the Northern Mariana 
Islands, and American Samoa. 
‘‘(4) UNIT OF LOCAL GOVERNMENT.—The term 
‘unit of local government’ means a county, munici-
pality, town, township, village, parish, borough, or 
other unit of general government below the State 
level with a population that exceeds 500,000. 
‘‘(i) EMERGENCY DESIGNATION.— 
‘‘(1) IN GENERAL.—The amounts provided by 
this section are designated as an emergency require-
ment pursuant to section 4(g) of the Statutory Pay- 
As-You-Go-Act of 2010 (2 U.S.C. 933(g)). 
‘‘(2) DESIGNATION IN SENATE.—In the Senate, 
this section is designated as an emergency require-
ment pursuant to section 4112(a) of H. Con. Res. 
71 (115th Congress), the concurrent resolution on 
the budget for fiscal year 2018.’’. 
SEC. 199997. BUDGETARY EFFECTS. 
(a) STATUTORY PAYGO SCORECARDS.—The budg-
etary effects of division B and each succeeding division 
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01382
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1383 
shall not be entered on either PAYGO scorecard main-
tained pursuant to section 4(d) of the Statutory Pay-As- 
You-Go Act of 2010. 
(b) SENATE PAYGO SCORECARDS.—The budgetary 
effects of division B and each succeeding division shall not 
be entered on any PAYGO scorecard maintained for pur-
poses of section 4106 of H. Con. Res. 71 (115th Con-
gress). 
(c) CLASSIFICATION
OF BUDGETARY EFFECTS.— 
Notwithstanding Rule 3 of the Budget Scorekeeping 
Guidelines set forth in the joint explanatory statement of 
the committee of conference accompanying Conference Re-
port 105–217 and section 250(c)(8) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, the 
budgetary effects of division B and each succeeding divi-
sion shall not be estimated— 
(1) for purposes of section 251 of such Act; and 
(2) for purposes of paragraph (4)(C) of section 
3 of the Statutory Pay-As-You-Go Act of 2010 as 
being included in an appropriation Act. 
SEC. 
199998. 
AIRCRAFT 
GREENHOUSE 
GAS 
EMISSION 
STANDARDS. 
(a) IN GENERAL.—Not later than 18 months after 
the date of enactment of this Act, the Administrator of 
the Environmental Protection Agency shall promulgate 
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01383
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1384 
final regulations establishing emission standards for emis-
sions of greenhouse gases from both new and in-service 
aircraft pursuant to section 231 of the Clean Air Act (42 
U.S.C. 7571). 
(b) SOLICITING COMMENTS.—In proposing such reg-
ulations, the Administrator of the Environmental Protec-
tion Agency shall solicit comments on— 
(1) the minimum greenhouse gas emission 
standards established by the International Civil 
Aviation Organization; and 
(2) relative to such minimum standards, green-
house gas emission standards that would achieve 
greater reductions in greenhouse gas emissions. 
DIVISION Y—ADDITIONAL 
OTHER MATTERS 
SEC. 101. EMERGENCY RELIEF THROUGH LOANS AND LOAN 
GUARANTEES. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, to provide liquidity related to losses incurred 
as a direct result of coronavirus, the Secretary is author-
ized to make loans, loan guarantees, and other invest-
ments in support of eligible businesses (including women- 
owned, minority-owned, veteran-owned and rural busi-
nesses, and mortgage servicers), States, any bi-State agen-
cy, the District of Columbia, territories, municipalities, 
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01384
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS
1385 
and federally recognized Tribes that do not, in the aggre-
gate, exceed $250,000,000,000 and provide the subsidy 
amounts necessary for such loans and loan guarantees in 
accordance with the provisions of the Federal Credit Re-
form Act of 1990 (2 U.S.C. 661 et seq.). 
(c) LOANS AND LOAN GUARANTEES.— 
(1) IN GENERAL.—The Secretary shall review 
and decide on applications for loans and loan guar-
antees under this section and may enter into agree-
ments to make or guarantee loans to one or more 
obligors if the Secretary determines, in the Sec-
retary’s discretion, that— 
(A) the obligor is a eligible business for 
which credit is not reasonably available at the 
time of the transaction; 
(B) the intended obligation by the obligor 
is prudently incurred; and 
(C) the loan is sufficiently secured. 
(2) TERMS AND LIMITATIONS.— 
(A) FORMS; TERMS
AND
CONDITIONS.— 
Subject to section 407 of division I of this Act, 
a loan or loan guarantee shall be issued under 
this section in such form and on such terms 
and conditions and contain such covenants, rep-
resentatives, warranties, and requirements (in-
VerDate Sep 11 2014 
05:03 Mar 24, 2020
Jkt 099200
PO 00000
Frm 01385
Fmt 6652
Sfmt 6201
E:\BILLS\H6379.IH
H6379
dlhill on DSKBBY8HB2PROD with BILLS